Blog - Divorce Utah

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Can all attorneys refer to themselves as “esquire”?

January 22, 2020

Divorce Attorneys, Divorce Lawyers

abovethelaw.com, attorneys, esquire, lawyers

Yes, but it’s silly. There any many explanations as to why, but this is among the better ones: Get Over Yourself and Stop Calling Yourself ‘Esquire’ Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Can-all-attorneys-address-themselves-as-Esquires/answer/Eric-Johnson-311

Do lawyers always like the clients they represent?

January 22, 2020

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness

No. Some attorneys will represent anything that pays them, no matter how repulsive they are, some attorneys find themselves stuck with the occasional client they don’t like. Some attorneys claim (but they lie) that whether they like a client has…

2019 UT App 208 – In re E.R. – termination of parental rights

2019 UT App 208 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF E.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.R., Appellant, v. STATE OF UTAH,Appellee. Opinion No. 20190184-CA Filed December 19, 2019 Fourth District…

2019 UT App 204 – In re H.F. incorrect analysis terminating parental rights

2019 UT App 204 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.F., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.F., Appellant, v. E.F., Appellee. Opinion No. 20180348-CA Filed December 12, 2019 Third District Juvenile…

2019 UT App 206 – State v. Alires – ineffective assistance of counsel

January 17, 2020

Child Abuse, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law

2019, 2019 UT App 206, aggravated sexual abuse of a child, constitutionally ineffective, convicted, daughter’s friend, December 19, failing to request jury instruction, remand, six counts, trial counsel, UTAH COURT OF APPEALS State v. Alires, vacate convictions, youngest daughter

2019 UT App 206 – THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. PHILBERT EUGENE ALIRES, Appellant. Opinion No. 20181033-CA Filed December 19, 2019 Third District Court, Salt Lake Department The Honorable Adam T. Mow No. 171908080 Ann…

2019 UT App 205, Utah Court of Appeals, State v. Wall – ex-wife murdered

2019 UT App 205 – THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JOHNNY BRICKMAN WALL, Appellant. Opinion No. 20151017-CA Filed December 12, 2019 Third District Court, Salt Lake Department The Honorable James T. Blanch No. 131903972 Troy…

2019 UT App 202 – State v. Baize – protective order challenge

January 15, 2020

Domestic Violence, Men's Divorce Issues, Protective Orders, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

§ 77-36-1.1, 2019, any other form of abuse, cannot attack validity of protective order, child, civil in nature, collateral bar rule, collaterally attack, communicate, contact, December 12, directly, divorced, e-mail, four counts, harassing, indirectly, joint legal custody verbal abuse, mail, married, offended, phone, physical abuse, physically hurting, protective order, Respondent appealed his convictions for violating a protective order and lost. 2019 UT App 202, review for correctness, sole physical custody, stalking, State v. Baize, threatening, unconstitutional prior restraint of speech, unconstitutionally vague, Utah Code Ann. § 76-5-108, Utah Court of Appeals, violating, violating protective order, violence

2019 UT App 202 – THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. NATHAN DAVID BAIZE, Appellant. Opinion No. 20180326-CA Filed December 12, 2019 Fourth District Court, American Fork Department The Honorable Roger W. Griffin No. 161100835 Douglas…

2019 UT 73 – Olguin v. Anderton – UUPA standing

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 73 UTAH SUPREME COURT JIMMY OLGUIN, Appellee, v. MARIE ANDERTON and CHRISTOPHER ANDERTON,Appellants. No. 20180098 Heard February 22, 2019 Filed December 19, 2019 On Certification…

2019 UT App 201 – Bradshaw v. Pelley-Whelan – UCCJEA

2019 UT App 201 – Bradshaw v. Pelley-Whelan THE UTAH COURT OF APPEALS CAIRO BRADSHAW, Appellant, v. CHRISTOPHER PELLEY-WHELAN, Appellee. Opinion No. 20181003-CA Filed December 12, 2019 Third District Court, Salt Lake Department The Honorable Royal I. Hansen No. 174906242…

2019 UT 72 – Utah Supreme Court – Hinkle v. Jacobsen – standing to establish paternity

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 72 – Utah Supreme Court – Hinkle v. Jacobsen THERESA I. HINKLE, Appellee, v. KOREY D. JACOBSEN, Appellee, and JODY RHORER, Intervenor and Appellant. No.…

2019 UT 71 – Utah Supreme Court – Castro v. Lemus – standing to establish paternity

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 71 – Utah Supreme Court OSCAR CASTRO, Appellant, v. MARI TERESA LEMUS, Appellee. No. 20180094 Heard February 22, 2019 Filed December 19, 2019 On Certification…

2019 UT 74 – Mackley v. Openshaw – Utah Supreme Court – denial of paternity

January 8, 2020

Paternity, Uncategorized, Utah Supreme Court Decisions

2019 UT 71, Castro v. Lemus, denial of paternity by presumed father, father of illegitimate child, Husband’s presumed paternity, lacked standing, mistake of fact, move to dismiss petition, mutual mistake of fact, unilateral mistake of fact, UTAH CODE § 78A-6-514(3), UTAH CODE § 78B-15-306(1)(a), Utah Uniform Parentage Act, UUPA

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 74 – Mackley v. Openshaw – IN THE SUPREME COURT OF THE STATE OF UTAH ADAM MACKLEY, Appellant, v. ADRIENNE OPENSHAW, Appellee. COLTON BARNEY, Appellee,…

2019 UT App 207 – Peeples v. Peeples – modification of child custody

January 7, 2020

Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Custody Modification, Children in Divorce, Co-parenting, Contempt of Court, Coping With Divorce, Custody, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Expert Witnesses, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, GAL (Guardian ad Litem), Joint Legal Custody, Mediation, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Negotiation, Parenting Plan, Physical Custody, Procedure and Evidence, Protective Orders, Restraining Orders, Sole Custody, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2019, 2019 UT App 207, best interest, bifurcate, bifurcated decree, children failed to demonstrate substantial change in the circumstances, clear error, custody evaluator, December 19, denied visitation, distinction between stipulated and adjudicated decrees, domestic relations commissioner, emotional, emotional abuse, failed to meet burden to prove change in circumstances, five out of every fourteen, guardian ad litem, in “high conflict” cases burden of demonstrating a change in circumstances is higher than normal, incorrect legal standard decree was stipulated rather than adjudicated, intellectual, joint legal custody, modify divorce decree, moral development, motion to dismiss, no change in circumstances, no separate standard that courts are to apply in high-conflict cases when considering whether a substantial change of circumstances is present in the context of a petition to modify, Opinion No. 20180713-CA, overnights, PEEPLES v. PEEPLES, ping-pong custody awards, presence or absence of a substantial change in circumstances, primary physical custody, protective order, reasonable degree of stability, res judicata, school year, settlement conference, sole custody, sole physical custody, stable employment, stable home environment, summertime, Utah Code Ann. § 30-3-10.4(2)(b), Utah Court of Appeals, violations of decree could be resolved in contempt proceedings, violence

2019 UT App 207 – THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt Lake Department The Honorable Andrew H. Stone No. 044901980 Brian…

Were Amber Alerts created as a way to solve family custody disputes?

January 6, 2020

Child Abuse, Child Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

Amber Alert, child custody, custody dispute

No, not at all. One of the absolute worst ways to address, much less resolve, family custody disputes is seeking an Amber alert. Indeed, making Amber alert reports over child custody disputes (as opposed to genuine concern that an actual…

Is it OK to fill out divorce documents by hand in ink, or must they be typed?

January 3, 2020

Court Rules, Divorce Court, Divorce Law, Divorce Preparedness, Divorce Procedure, Men's Divorce Issues, Utah Law, Women's Divorce Issues

It depends upon the court rules of the jurisdiction in which you would be filing your divorce documents are to be filed. In Utah, where I practice divorce and family law, there is no rule barring the filing of documents…

To whom do you turn to when the police won’t protect you from your ex?

“Who do you turn to when the police won’t protect you from your ex? I don’t have enough evidence for a restraining order and he is threatening me all the time. I feel like all I can do is move…

Are irreconcilable differences the same as an at-fault divorce?

No. There are two kind of grounds for divorce: fault and no-fault. Irreconcilable differences are an example of no-fault grounds for divorce. Before no-fault divorce laws were passed (and every state in the United States of America now allows divorce…

Will Kim Kardashian will be taken seriously if she becomes a lawyer?

January 1, 2020

Divorce Court, Judges

Do you think Kim Kardashian will be taken seriously if she passes the bar exam and becomes a lawyer? No (at least not at first), but I don’t think she cares. I wouldn’t, if I were in her shoes. If…

Are lawyers good at lying or attempting to deceive their clients?

January 1, 2020

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness

deceive, deceiving clients, lawyers who lie, lying lawyers, lying to clients

Generally, yes. That does not, however, mean that just because a lawyer can deceive a client that he or she will deceive the client. Are there lawyers who deceive their clients? Yes. Do all lawyers deceive their clients? No. Should you worry as to…

If your parents are divorced, what are the chances you will be?

Much, much higher than if your parents had not divorced. See Psychology Today February 5, 2019: “Research shows that children of divorce are more likely to experience a divorce themselves. The statistics vary, but one study by researchers Paul Amato and Danelle…

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