What is a CMA?
This blog post was written by a real estate agent for us. CMA stands for Comparative Market Analysis and is a report meant to reflect the market value of a property, usually a residential home. The basic concept is that…
Can I force my spouse to divorce me?
I know of no legal way to force your spouse to filed for divorce against you, but you may not be aware of the fact that your spouse cannot prevent you from divorcing him/her. Many people do not understand what…
Can a parent take kids out of state while divorce is pending?
Best Interest of the Child, Child Custody, Co-parenting, Coping With Divorce, Divorce, Divorce Costs, Divorce Court, Divorce Law, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Physical Custody, Utah, Utah Code, Utah Court Rules, Utah Law, Women's Divorce Issues
Can a parent who has filed for divorce and moved out with her 2 children now take her children for a week to another state for Thanksgiving, or will it be considered kidnapping? Great question. I will answer your question based…
How long after my divorce am I considered single?
I can’t speak for all jurisdictions, but for the jurisdiction where I practice divorce law (Utah), the answer is that you are considered single as soon as the court issues its decree of divorce. Utah Family Law, LC | divorceutah.com…
Law from a legal assistant’s point of view, week 42
Law from a legal assistant’s point of view, week 42: Do you like divorce law? By Quinton Lister, legal assistant Often when I tell people I know that I am a legal assistant to a divorce attorney, I usually get…
I’m 14 and my mom is making me live with my dad. How do I stop this?
Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Protective Services, Children in Divorce, Court Orders, Court Rules, Custody, Divorce Law, Family Law, Fathers' Divorce Issues, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Sole Custody, Women's Divorce Issues
I’m 14 and my mom is making me live with my dad and is giving him custody. What can I do to prevent this from happening? I’m a divorce and family lawyer, and I see this question arise frequently. If…
What are the most empirically robust factors that predict divorce?
What are the most empirically robust (causal) factors that predict marital dissolution (divorce)? I can give you my guess as to what I believe a rigorous study would reveal based upon my experience as a divorce and family lawyer for…
Why isn’t 50/50 custody the default resolution in child custody cases?
Alienation of Affection, Best Interest of the Child, Child Custody, Children in Divorce, Co-parenting, Court Orders, Custody, Divorce, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Preparedness, Equity, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Alienation, Parental Fitness, Parental Rights, Physical Custody, Women's Divorce Issues
I have studied this question throughout my career, and I’ve been a divorce and family lawyer for 25 years. If there is one family law question to which I know the answer, it is this one. Eventually, a rebuttable presumption…
In a divorce, should children live with their favorite parent?
Child Custody, Child Custody Modification, Children in Divorce, Court Orders, Court Rules, Custody, Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers, Family Law, Fathers' Divorce Issues, Judges, Justice and Equity, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Parenting Plan, Physical Custody, Utah, Utah Court Rules, Utah Law, Women's Divorce Issues
I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent over the other is not expressly among the factors specified…
Law from a legal assistant’s point of view, week 40
Law from a legal assistant’s point of view, week 40: Recording family law hearings By Quinton Lister, legal assistant My time as a legal assistant to a divorce and family law attorney in Utah has shown me a side of…
Twitchell v. Twitchell – 2022 UT App 49 – child custody and support
Appeal, Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Judges, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parenting Plan, Physical Custody, Preparing for Divorce, Procedure and Evidence, Sole Custody, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Visitation, Women's Divorce Issues
appeal, calculation, child custody, Child Support, child support obligation, conclusions of law, deviate, district court, divorce decree, Domestic Violence, evidence, findings of fact, income, moral character, neglect, Parent Time, physical abuse, physical custody, statutory minimum schedule, trial court, Utah Code § 30-3-10, Utah Code § 30-3-34, Utah Code § 30-3-35, Utah Code § 30-3-35.5, Utah Code § 78B-12-203, Utah Court of Appeals
Twitchell v. Twitchell – 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First District Court, Logan Department The Honorable Brian G. Cannell No.…
Corona-Leyva v. Hartman – 2022 UT App 45 – civil stalking injunction
Corona-Leyva v. Hartman – 2022 UT App 45 THE UTAH COURT OF APPEALS SERGIO CORONA-LEYVA, Appellee, JESUS HARTMAN, Appellant. Opinion No. 20200948-CA Filed April 7, 2022 Fourth District Court, Provo Department The Honorable Thomas Low No. 200401402 Sara Pfrommer, Ronald…
Is it damaging for a child to witness a divorce/parents fighting constantly?
Is it damaging for a child to witness a divorce or witness their parents fighting constantly? Yes. Yes, of course. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Is-it-damaging-for-a-child-to-witness-a-divorce-or-witness-their-parents-fighting-constantly/answer/Eric-Johnson-311
Widdison v. Widdison – 2022 UT App 46 – custody modification
Appeal, Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Evidence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Parental Rights, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Sole Custody, Special Circumstances, Unwed Parents, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues
Widdison v. Widdison – 2022 UT App 46 THE UTAH COURT OF APPEALS NICOLE WIDDISON, Appellant, LEON BRYANT WIDDISON, Appellee. Opinion No. 20200484-CA Filed April 7, 2022 Third District Court, Salt Lake Department The Honorable Robert P. Faust No.…
Law from a legal assistant’s point of view, week 39: Judges, part III
Dirty Tricks, Divorce, Divorce Attorneys, Divorce Fears, Divorce Law, Divorce Lawyers, Domestic Relations Commissioners, Family Law, Fathers' Divorce Issues, Judges, Lawyers, Legal Assistant, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Utah, Utah Code, Utah Court Rules, Utah Law, Women's Divorce Issues
By Quinton Lister, legal assistant For those following along at home, you are aware that I have posted about judges before. Through the course of my current employment as a legal assistant, much has been learned about judges and their…
Knowles v. Knowles – UT App 47
Alimony and Support, Appeal, Assets/Debt/Property, Coping With Divorce, Court Orders, Court Rules, Divorce, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equity, Evidence, Family Law, Findings of Fact and Conclusions of Law, Judges, Justice and Equity, Legal System, Marital Debts, Marital Estate, Marital Property, Men's Divorce Issues, Modification of Alimony, Property Division, Utah Code, Utah Court of Appeals Decisions, Utah Law, Valuation, Women's Divorce Issues
Knowles v. Knowles – UT App 47 THE UTAH COURT OF APPEALS DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee. Opinion No. 20200032 Filed April 7, 2022 Second District Court, Farmington Department The Honorable David R. Hamilton No. 174700123 …
How easy is it to change your child’s last name?
I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law (Utah): Here are the applicable Utah Code sections: 42-1-1. By…
Why is the Divorce Rate Higher than Ever?
First, the divorce rate is not currently higher than ever. It has been higher in the past. Unfortunately, the reason the divorce rate is declining is likely because fewer people are marrying, not because fewer married people are choosing not…
How do I get help with a divorce?
Asking a question on Quora is a start and better than doing nothing (as so many people contemplating divorce do when they are too afraid to do anything), but only a start. Still, good for you for taking that crucial…
Law from a legal assistant’s point of view, week 38: Arb-med, part II
By Quinton Lister, legal assistant Last week I wrote a post about Arb-med and how it can benefit practitioners of law, particularly family law. In this post I will be addressing the specific benefits of Arb-med to those who are…