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How long do you pay alimony in Utah?

The law governing the duration of alimony is pretty simple and straightforward: See Utah Code § 30-3-5, subsections (1)(c) and (11)(e): (1) As used in this section: ***** (c) “Length of the marriage” means, for purposes of alimony, the number…

Is the Johnny Depp divorce trial actually newsworthy?

The divorce trial wasn’t all that newsworthy or memorable (celebrities divorcing is expected), it’s his defamation trial against his ex-wife that is newsworthy. Why? Although his defamation case is not as relevant to the country as news that affects us…

Do you have any experience on how to challenge a void judgment in a family court?

October 12, 2022

Divorce, Divorce Procedure, Education, Evidence, Family Law

excusable neglect, family court, fraus, Grant relief, inadvertences, mistakes, newly discovered evidence, Rule 60(b), Void Judgement

Thanks for asking such a good question. The answer, as it applies in the jurisdiction where I practice divorce and family law (Utah), is found in Utah Rules of Civil Procedure 60(b)(4): Rule 60. Relief from judgment or order. (b)…

Many unhappy couples rush into divorce, but is it a wise course?

October 11, 2022

Divorce, Divorce Prevention/Marriage Preservation

divorce, goals, lawyer, long term goals, procrastination, short term goals, therapist, think

Clearly, acting in haste is risky behavior in any situation. Deciding to divorce is no exception. Rushing into divorce could result in an unnecessary divorce. Rushing into divorce could show your hand too early and result in losing on certain…

Are you going through a child custody dispute in court, or contemplating one?

October 10, 2022

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Divorce, Finances, Modification of Child Custody

child custody dispute, custody, divorce, Rule 4-903

Are you going through a child custody dispute in court, or contemplating one? If so, have you heard about a custody evaluation? if not, you’ll want to pay particularly close attention to this post. Like many jurisdictions, Utah has a…

How long do you pay alimony in Utah?

October 7, 2022

Alimony and Support, Utah, Utah Code

alimony, Alimony and Support, Utah Code § 30-3-5

In Utah, the law governing the duration of alimony is pretty simple and straightforward: See Utah Code § 30-3-5, subsections (1)(c) and (11)(e), which provides: (1) As used in this section: ***** (c) “Length of the marriage” means, for purposes…

How does employment effect finances in divorce?

Are Couples in which the husband didn’t have a full-time job had a chance of divorcing the following year, compared to couples in which the husband did have a full-time job? In my opinion, given that generally husbands still earn…

Child refuses to exercise shared custody with the stricter parent

Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I’m a stricter parent unlike my ex who lets him play computer games all day and…

Do top lawyers advertise?

October 4, 2022

Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyers, Legal System

advertisement, advertising, affordable lawyer, fire a lawyer, hire a lawyer, law firm advertising, lawyer, top lawyer, who is the best lawyer

I have yet to see the best of the best lawyers advertise, and the most likely explanation is that they don’t advertise because they don’t need to advertise. But if you think this means any lawyer who doesn’t advertise “must…

Why do people not complain about people who shouldn’t marry?

October 3, 2022

Divorce, Divorce Fears, Divorce Law, Divorce Prevention/Marriage Preservation, Family Law, Uncategorized

divorce, divorce prevention, marriage, mental illness, people who shouldn't marry, preventative laws, prevention, romance, romantic, stupidity

Why do people complain about the high divorce rate, but don’t complain about people who shouldn’t marry? There will never be an effective, morally acceptable way to prevent the following kinds of people from marrying (and thus reducing the divorce…

When are my ex’s things deemed abandoned?

I was awarded the house in the divorce. My ex’s things are still here and he/she won’t pick them up. When are they deemed abandoned? Utah Code § 67-4a-201 provides, in pertinent part that property is presumed abandoned if the…

Why is it so easy to get married, and so hard to get divorced?

Why is it so easy to get married, and so hard to get divorced? Shouldn’t it be the other way around? This is a perceptive question. It would not not be that hard to get divorced if you were to…

My question to Utah Office of Recovery Services (ORS):

Good morning, I am a divorce and child custody lawyer. I have a question that all of my clients ask me that I don’t have the answer to: “Why does ORS and/or the court need my child’s Social Security Number…

How can I make my abusive husband divorce me?

Short of holding the proverbial gun to his head (i.e., forcing him to do so against his will), you can’t. While you might contrive to motivate your husband to file for divorce against you by committing marital fault yourself, that…

Lyndsey: Week 10 of Being a Legal Assistant

September 23, 2022

Legal Assistant

When in an argument or a disagreement most people want to get in the last word or win. I think that’s no different with people who are going through a divorce. In fact, I feel like the feeling to beat…

Are financial interrogatories relevant in my contempt case?

September 22, 2022

Contempt of Court, Family Law, Finances, Visitation

brother, discovery, family, family law, financial interrogatories, initial disclosures, sister, visitation, visitation rights

Are financial interrogatories relevant in my contempt case against my sister for violating my visitation order? While I’m sure something seeming like an argument could be made for their relevance, it’s hard to imagine such an argument or to imagine…

Has anyone ever been able to prove narcissistic abuse in divorce court?

Yes, it happens quite frequently.* What people don’t understand is that finding a spouse is a jerk usually doesn’t amount to much in the divorce action. Most people believe—falsely—that if they can show the court that their spouses are narcissists…

Is child marriage legal in the United States?

September 20, 2022

Court Orders, Court Rules, Family Law, Utah, Utah Code, Utah Court Rules, Utah Law

adults, child marriage, children, family law, law, marriage, state law, united states, Utah law

Of a sort, and depending upon the particular state, yes. In some places children (minor children, those who are by law deemed incapable of consenting to marry) can marry with their parents’ permission, under certain conditions. For example, in Utah…

Should I get sole custody of my children if the dad does not want custody?

Should I get sole custody of my children if their dad does not want to be involved with them? Or try to talk it out before I go through with it? Your children deserve a loving, salutary relationship with both…

Lyndsey: Week Nine of Being a Legal Assistant

September 16, 2022

Legal Assistant

legal assistant

Nine weeks into my job here are my favorite and least favorite parts of my job. We’ll start off with my favorites. I really enjoy talking to our clients and learning what is going on in their lives and in…

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