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How Does One Prove False Allegations of Parental Alienation?

February 1, 2023

With great difficulty, in most (not all) cases. “It used to be a fashion amongst men that when a charge was made some sort of proof was brought forward to establish it, and if no proof was found to exist,…

Oldroyd v. Oldroyd – 2022 UT App 145 – Premarital Property

February 1, 2023

Divorce Utah

Appeal, Assets/Debt/Property, Coping With Divorce, Division of Marital Property, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Equitable Interest, Equity, Family Law, Findings of Fact and Conclusions of Law, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Prenuptial Agreements, Preparing for Divorce, Property Division, Special Circumstances, Utah Court of Appeals Decisions, Women's Divorce Issues

2022, 2022 UT App 145, acquiring interest in a spouse’s premarital property, contributions, December 22, equitable division, extraordinary situation exception, interest in spouse’s premarital property, Judge Noel S. Hyde, Morgan Department, Oldroyd v. Farrell Lynn Oldroyd, Opinion No. 20210073-CA, premarital property, premaritally acquired, property contribution exception, Second District Court, spouse’s premarital property, Utah Court of Appeals

2022 UT App 145 THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20210073-CA Filed December 22, 2022 Second District Court, Morgan Department The Honorable Noel S. Hyde No. 134500028 Brent D. Wride,…

Can You File for Defamation While a Custody Battle Is Pending?

January 31, 2023

Divorce Utah

Custody, Custody Evaluation

Custody battles, defamation

I cannot speak to what the law is in all jurisdictions, but I can answer this question as it applies in the jurisdiction where I practice divorce and family law (Utah). Custody battles can arise between married and unmarried parents.…

2023 UT App 10 – Death of Spouse Before Court Rules

2023 UT App 10 THE UTAH COURT OF APPEALS LIDIA V. MOWER, Appellant, v. THOMAS W. MOWER, Appellee. Opinion No. 20210101-CA Filed January 20, 2023 Fourth District Court, American Fork Department The Honorable Roger W. Griffin No. 124100133 Cassie J. Medura and Jarrod H. Jennings, Attorneys for…

Can You Win a Custody Battle Without an Attorney?

January 30, 2023

Divorce Utah

Child Custody, Child Custody Modification

child custody

Can you? Meaning: is it possible? Of course it’s possible. Likely? That depends. I had written over 500 words in my first draft of the answer to this question when I realized I could state the answer clearly with fewer…

What Happens in a Custody Case Where Both Parents Try to Alienate the Child From the Other Parent and the Rest of Their Family?

January 27, 2023

Divorce Utah

Alienation of Affection, Child Custody, Child Neglect

child custody, parent alientation

My guess is that this question applies in two distinct contexts: 1) what does the court do in a child custody case where both parents try to alienate the child from the other parent and the rest of their family?; and 2) what…

How Do You Prove Parental Alienation in a Child Custody Case?

January 26, 2023

Divorce Utah

Alienation of Affection

alienation, parental alienation

Usually rarely and with great effort and difficulty. Why? I have written other responses to this question and questions like it, so my answer here will be more concise than past answers, but I will still try to ensure that…

How Does One Prove False Allegations of Parental Alienation?

January 25, 2023

Divorce Utah

Alienation of Affection

false allegations, parental alienation

With great difficulty, in most (not all) cases. “It used to be a fashion amongst men that when a charge was made some sort of proof was brought forward to establish it, and if no proof was found to exist,…

If You Have Sole Physical Custody, Does That Mean Your Ex Can’t Take Your Child Out of State Without Your Permission?

January 24, 2023

Divorce Utah

Child Custody, Custody, Noncustodial parents

custody, non-custodial parent, travel

I can’t speak for what the law is in all jurisdictions, but I can tell you what the law is in the state of Utah, and how the law applies here in Utah, which is where I practice divorce law.…

How Can Family Law Mediation Help You?

January 24, 2023

Divorce Utah

Mediation, Uncategorized

mediation

You can find tens of thousands—and I wouldn’t be surprised if you could find millions—of articles about divorce and family law mediation and all of the benefits thereof. Just Google “divorce mediation” or “family law mediation” and you will find…

Are Divorce Lawyers Ethically Supposed to at Least Attempt to Dissuade a Client From Divorcing?

January 20, 2023

Divorce Utah

Divorce, Divorce Causes, Divorce Fears

broken marriage, divorce

Great question. Thank you for asking. The answer (at least for the jurisdiction where I practice divorce law (Utah)) is: no, a lawyer has no ethical obligation to dissuade a client from seeking a divorce. That does not mean, however,…

Do I Need a Lawyer for Child Support Hearing?

January 18, 2023

Divorce Utah

Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification

Child Support

If you’re smart, yes. If you’re cautious, yes. If you’re not penny wise and pound foolish, yes. Why? The law and the legal system are not intuitive. Courts are generally not that patient, friendly, or all that sympathetic with people…

What Happens When Someone Refuses to Pay Child Support?

January 17, 2023

Divorce Utah

Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification

Child Support, garnish, garnishing

I cannot answer this question for all jurisdictions, but I can tell you how the law applies in the jurisdiction where I practice divorce and family law (Utah). Many things can happen. What follows is not an exhaustive list of…

My Mom Has Full Custody of Me. Can I Legally See My Dad When I Turn 18 Without Him Getting in Trouble?

January 16, 2023

Divorce Utah

Child Custody, Fathers' Divorce Issues, Mothers' Divorce Issues

adult child, custody

I cannot answer this question for all jurisdictions, but I can tell you how the law applies in the jurisdiction where I practice divorce and family law (Utah). A divorce or other kind of child custody court has jurisdiction to…

What Steps Can You Take To Get a Reform on Child Support Law?

January 13, 2023

Divorce Utah

Child Support, Utah, Utah Law

child support laws, law reform

This is controversy that’s been raging for decades, but we could be at a tipping point soon. The question is what will it take to reach it? Having money always helps. Getting the sympathetic ears of your local legislators is…

Is Impulsive Marriage Usually Disastrous?

January 12, 2023

Divorce Utah

Uncategorized

impulsive marriage, marriage

Yes. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Is-impulsive-marriage-usually-disastrous/answer/Eric-Johnson-311

In a Divorce, Why Do Courts Want to Know About Other Persons Living in the Home, Not Involved in the Divorce and Their Income?

January 11, 2023

Divorce Utah

Best Interest of the Child, Uncategorized

court, home

There could be many reasons. Here are a few of the most common (not an exhaustive list, but a list of many reasons why a court may want to know about other persons (and/or their income) living in a spouse’s/parent’s…

What Happens if I Get Married to Someone With Kids Then Get Divorced? Do I Get To See the Kids?

January 10, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Co-parenting, Custody, Utah Code

best interest of child, child custody, custody, visitation

I cannot speak to what the law is and how it is applied in every jurisdiction, but I can answer this question on this topic as it applies to the jurisdiction where I practice divorce and family law (Utah). We…

If Two People Become Divorced but Only One Makes the Money for the Whole House While the Other Does Not Work, Does the Person That Doesn’t Work Get Any Money in the Divorce?

January 9, 2023

Divorce Utah

Alimony and Support, Divorce, Finances

Quite often, yes, but not necessarily in every divorce. In the jurisdiction where I practice divorce law, “[m]arital property is ordinarily all property acquired during marriage and it encompasses all of the assets of every nature possessed by the parties,…

After a Marital Breakup, Only One Parent Can Properly Raise the Children, With the Other Parent Entitled Merely to Visiting Rights, but Could There Be a Better Alternative?

January 6, 2023

Divorce Utah

Child Custody, Children in Divorce, Co-parenting, Custody, Divorce, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Mothers' Divorce Issues

child custody, co-parenting, joint parenting, single parent

You’ve picked a good topic of discussion, but your question is poorly phrased. Your claim that only one parent can properly raise children after a marital breakup is false. Not every divorced parent is capable of exercising joint physical custody…