Blog - Page 3 of 59 - Divorce Utah

How can I get full custody, when I don’t trust the other parent with the baby?

November 16, 2020

Child Custody, Evidence, Parental Fitness

adequate care, attention, award, baby, child, court, custody, entrusted, facts, father, full custody, independently verifiable, justify, mother, parent, persuade, preponderance of evidence, sole legal, sole physical, sufficient evidence, supervision, trust, unable, unwilling

How can my friend leave the father of her baby and get full custody, when she doesn’t trust him to look after the baby by himself? The mother (or any parent in such a situation) would need to prove, by…

Can an unmarried parent legally keep the other parent from the children without having gone to court?

November 13, 2020

Divorce Utah

Child Custody, Children in Divorce, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Uncategorized, Women's Divorce Issues

child custody, court order, father, mother, police, unmarried parent, unmarried parents

Can an unmarried parent legally keep the other parent from the children without having gone to court? Yes. In the absence of a court order to the contrary, it is not illegal for one parent to keep the children from…

What happens after an affair when you have kids?

What happens after an affair when you have kids? I’ll answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you’ve had an extramarital…

What to do before a divorce, if you’re not in the wrong

What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few people ask. Does this sound familiar?: Your spouse is making…

How can I protect my assets before getting married without prenup?

How can I protect my assets before getting married without prenup? Short answer: One option (not a very good one, frankly, but about the best there is under the circumstances as you describe them in your question) is: 1) own…

Would you divorce your spouse if he/she had a child before marriage without telling you?

Would you divorce your husband if he had a child with his last relationship without telling you? I do not believe that this would, alone, be reason to divorce your husband. He may be a good man who was a…

Would you divorce if your spouse had a child before marriage without telling you?

November 7, 2020

Divorce Utah

Divorce Preparedness, Divorce Prevention/Marriage Preservation

apologize, distrust, divorce, forgive, illegitimate child, mistake, penitent, regret, repent, risk, secret, trust, victim, victimized

Would you divorce your husband if he had a child with his last relationship without telling you? I do not believe that this would, alone, be reason to divorce your husband. He may be a good man who was a…

How can I protect my assets before getting married without prenup?

How can I protect my assets before getting married without prenup? Short answer: One option (not a very good one, frankly, but about the best there is under the circumstances as you describe them in your question) is: 1) own…

The easy mediocre vs. the hard excellence: I hate this restaurant

November 6, 2020

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness, Uncategorized

easy, excellence, hard, hiring a divorce attorney, hiring a divorce lawyer, mediocre, value

Today’s post features Seth Godin’s blog (the link to his blog post is provided below). After you read it, ask yourself whether can you guess why this Seth Godin blog post applies so when it comes to hiring a divorce…

Why do pro se litigants fail so often?

Why do pro se litigants fail so often? And if you’re wondering what a pro se litigant is, here’s the definition: someone who argues his/her own case in a lawsuit, rather than having a lawyer represent him/her and do the…

What advice would you give me before divorce, if I’m not in the wrong?

What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few people ask. Does this sound familiar?: Your spouse is making…

Give my spouse half my retirement in divorce, or just ride it out?

November 3, 2020

Divorce Utah

Assets/Debt/Property, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Marital Estate, Retirement Benefits

401(k), division, divorce, no fault, pension, retirement

If I have to give my spouse half of my retirement after a divorce, should I still go forward or just ride it out? Great question, but not for the reasons you may think. Remember this first: just because you…

Does marital law really allow change of surnames?

November 2, 2020

Divorce Utah

Uncategorized

husbands, last names, men, surnames, wives, women

Does marital law really allow change of surnames? Can a couple be legally married without change of last names? While in the U.S.A. traditionally women would (and many still do) change their surnames (last names) to that of their husbands,…

How can I find my spouse’s response to my divorce petition?

October 30, 2020

Divorce Utah

Divorce Procedure

answer, copy, divorce, e-mail, mail, personal, petition, response

How can I find my spouse’s response to my divorce petition? You should have received a copy at the same time when she filed her response with the court. She or her attorney (if she is represented by an attorney)…

New COVID Eviction Declaration form

October 29, 2020

Divorce Utah

Uncategorized

eviction, forcible entry and detainer, landlord, lessee, lessor, rent, tenant

On October 2, 2020, the Utah Supreme Court and Utah Judicial Council issued an updated Administrative Order. The Order included the following change: In Forcible Entry and Detainer cases, requires plaintiffs to submit a declaration indicating compliance with COVID relief laws either…

Will my medical marijuana prescription adversely affect my child custody case?

October 28, 2020

Divorce Utah

Child Custody, Children in Divorce, Parental Fitness, Substance Abuse, Visitation, Women's Divorce Issues

child custody, factor, medical cannabis, medical marijuana, parental fitness

If I have a prescription for marijuana, will this affect my custody case? I do not smoke in front of my child or have it around my child. Probably not, as long as you can A) prove the prescription is…

There is a proposal to make more Utah court records “private” that are currently public.

October 27, 2020

Divorce Utah

Court Rules

court records, court rules, privacy

There is a proposal to make more Utah court records “private” that are currently public. Here is the proposed amendment to Utah Code of Judicial Administration Rule 4-202.02 (Records Classification): http://www.utcourts.gov/utc/rules-comment/wp-content/uploads/sites/31/2020/10/4-202-02-For-public-comment_financial-info-10-26-20.pdf I do not see any ostensible sound public policy…

Bjarnson v. Bjarnson – 2020 UT App 141 – prospective increase in alimony based upon uncertain future event

2020 UT App 141 – THE UTAH COURT OF APPEALS HUGH LYNN BJARNSON, Appellant, v. JENNIFER LOU BJARNSON, Appellee. Opinion No. 20190734-CA Filed October 16, 2020 Fourth District Court, Provo Department The Honorable Derek P. Pullan No. 164400963 Aaron R.…

Divorce and your mortgage: Here’s what to know

October 23, 2020

Divorce Utah

Marital Estate, Marital Home, Marital Property

divorce, home mortgage, refinance

Guest Post from Bankrate.com – Divorce and your mortgage: Here’s what to know Some couples decide to refinance a joint mortgage into one name upon divorce. What this does is release the spouse whose name is coming off the loan…

Young v. Hagel – 2020 UT App 100 – Rule 73(c) appear or appoint counsel

October 22, 2020

Divorce Utah

Court Rules, Divorce Mistakes, Divorce Preparedness

appear personally, appoint counsel, default, divorce, failure, Rule 55, Utah Rules of Civil Procedure Rule 74(c)

2020 UT App 100 THE UTAH COURT OF APPEALS JOSHUA J. YOUNG, Appellee, v. MICHAELA M. HAGEL, Appellant. Opinion No. 20190661-CA Filed June 25, 2020 Second District Court, Farmington Department The Honorable John R. Morris No. 156700664 Steve S. Christensen…