Blog - Page 3 of 53 - Divorce Utah

My married daughter won’t move her stuff out. What can I do?

May 21, 2020

What should you do when your married daughter won’t move her belongings out of her old room in your house and won’t let you move her stuff either? First, you need to understand that unless you contracted with your adult…

Volk v. Vecchi – 2020 UT App 77 – common law marriage

May 20, 2020

Divorce Utah

Common Law Marriage, Men's Divorce Issues, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Women's Divorce Issues

2020 UT App 77, common law marriage, elements, reputation, Utah Code Section 30-1-4.5, Volk v. Vecchi

2020 UT App 77 THE UTAH COURT OF APPEALS CARMELITA VOLK, Appellee, v. JOHN VECCHI, Appellant. Opinion No. 20180776-CA Filed May 14, 2020 Third District Court, West Jordan Department The Honorable James D. Gardner No. 154907478 David S. Pace, Attorney…

How long does it take to get results for a psych evaluation in a divorce?

May 20, 2020

Divorce Utah

Discovery, Divorce Fears, Divorce Law, Divorce Preparedness

psych evaluation, psychological evaluation, time, wait

How long does it typically take to get results for a psych evaluation in a divorce? There are many variables; just to name a few: how easily the kind of qualified evaluator needed can be found, finding an evaluator to…

Should We Keep Our Divorce Struggles a Secret from the Kids?

May 19, 2020

Divorce Utah

Amicable Divorce, Children in Divorce, Co-parenting, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

amicable, children, decent, kids, reasonable, secret, struggles

Should We Keep Our Divorce Struggles a Secret from the Kids? If a couple conceals their arguments from their children and divorce ‘amicably,’ does that send a message to the children that bad things can happen without any particular reason,…

Competence over Diversity

May 18, 2020

Divorce Utah

Legal System

marginalized, minorities, oppressed, orientation, race, sex

Imagine you needed heart surgery. Imagine also that you were told that among the factors that decided what surgeons you could choose from was “diversity”. And not a diversity of applicable talents and skills, but political and cultural diversity. Then…

Is having an affair illegal in Utah? Not anymore.

May 17, 2020

Divorce Utah

Adultery, Utah Code, Utah Law

76-7-103, adultery, repealed

Is having an affair illegal in Utah? It used to be, but as of the 2019 legislative session, it’s not anymore. Adultery used to be a class B misdemeanor. Utah Family Law, LC | divorceutah.com | 801-466-9277

Child Custody in Utah – Myths and Misunderstandings No More!

May 16, 2020

There were many myths and misunderstandings surrounding what child custody means and how it is applied state of Utah in divorce and other child custody actions. Not anymore, just read on. First you need to understand what “child custody” means…

Should I accept money from my ex for the kids, even if I’ve already filed in court for child support?

May 15, 2020

Divorce Utah

Child Support, Child Support Enforcement

Child Support, court, file, order, payment, voluntary, volunteer

Should I accept money my ex sent for his kids (not enough to support), even if I already decided to take him to court for child support? I don’t see any reason why you can’t do both: keep the money…

Why does it seem like courts are against fathers when it comes to custody?

May 14, 2020

Divorce Utah

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

against fathers, bias, child custody, courts, custody

Why does it seem like courts are against fathers when it comes to custody? Because while the courts are becoming less and less biased against fathers as time goes by, they are still generally biased against fathers when it comes…

If I start crying in court, will that help my case?

May 13, 2020

Divorce Utah

Uncategorized

credible, crying, exploit, gamble, help, hurt, incredible, jaded, lying, manipulate, not credible, sincerity, suckers

If I start crying in court, will that help my case? This is a good question. An old and frequently asked question, but still a good question. The answer is: maybe, but I wouldn’t risk it. Why? Four reasons: 1)…

What happens if you say no to the oath on the witness stand in court?

May 12, 2020

Divorce Utah

Contempt of Court, Evidence, Witnesses

affirm, affirmation, court, oath, swear, witness

What happens if you say no to the oath on the witness stand in court? If you object to being sworn, to taking an oath (as some religions do), then you can “affirm” to tell the truth, the whole truth,…

2020 UT App 73 – Utah Court of Appeals – civil stalking, contempt, intent

2020 UT App 73 THE UTAH COURT OF APPEALS ALICIA W. KOEHLER, Appellee, MARK STEWART ALLEN, Appellant. Opinion No. 20190395-CA Filed May 7, 2020 Fourth District Court, Provo Department The Honorable M. James Brady No. 160400655 Scott N. Weight, Attorney…

Does a common law marriage automatically apply?

May 8, 2020

Divorce Utah

Common Law Marriage

acquired uniform, capable, cohabited, consent, duties, general reputation, husband and wife, legal age, marital rights, mutually assume, obligations, solemnized marriage

Does a common law marriage automatically apply if a couple is living together for a certain amount of years? No, at least not in the jurisdiction where I practice divorce and family law (Utah). Here is what must be proven…

Does attending church lower your chance for divorce?

May 7, 2020

Divorce Utah

Divorce Prevention/Marriage Preservation

attending church, church, divorce, lower, religion

Does attending church lower your chance for divorce? Yes. See: Religious service attendance, divorce, and remarriage among U.S. nurses in mid and late life What God Has Joined Together: Religion and the Risk of Divorce Utah Family Law, LC |…

What did someone do while speaking to a judge that made you say “You gotta be kidding me”?

May 6, 2020

Divorce Utah

Uncategorized

What did someone do while speaking to a judge that made you say “You gotta be kidding me”? “Your Honor, I ask that you look beyond the evidence . . .” Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-did-someone-do-while-speaking-to-a-judge-that-made-you-say-You-gotta-be-kidding-me/answer/Eric-Johnson-311

What is the penalty for breaking a custody order?

May 5, 2020

Divorce Utah

Child Custody, Children in Divorce, Court Orders, Custody

compensatory service, counseling, enforcement, fines, jail, Modification, modify, penalties, violating custody orders

What is the penalty for breaking a custody order? In my opinion, the answer is: usually, not much. At least at first. Take it from me: I’ve been a divorce and family lawyer now for 23 years and most (most,…

What do husbands do when they are served with a restraining order?

May 4, 2020

Divorce Utah

Protective Orders, Restraining Orders

protective orders, restraining orders, TRO

What do husbands usually do when they are served with a restraining order? The innocent ones: “What the he— is this?” “She can’t legally do this, can she?” “Oh my gosh, do you see all the B.S. claims she’s making…

Are state family court supervisors any good? Why or why not?

May 1, 2020

Divorce Utah

Uncategorized

family court supervisor, parent-coordinator, parent-time coordinator, special master

Like a special master or parent time coordinator? That kind of supervisor? Generally speaking, in my experience and opinion, while they appear to be a good idea in concept, in practice they are not. I’ve never had a good experience…

My spouse cleaned out the joint account, can I get the money back?

April 30, 2020

Divorce Utah

Assets/Debt/Property, Dirty Tricks, Division of Marital Property

clean out, divorce, joint account, joint bank account, marital account

If your spouse cleans out the joint account before a divorce, can you legally get that money back? Answer: Maybe, even likely. Sometimes the court will let your spouse keep all the money, if the court determines that there was…

Are family law and divorce attorneys working during the Coronavirus?

April 29, 2020

Divorce Utah

Divorce Attorneys, Divorce Lawyers

coronavirus, COVID-19, divorce lawyers, still working, working

Are family law and divorce attorneys working during the Coronavirus? Yes, at least we are here in Utah, where I practice. Courts have done a fairly good job of holding hearings by telephone or Internet conference, so that they prevent…