Blog - Page 3 of 55 - Divorce Utah

Does refusal to return a child after the weekend automatically give me custody?

August 4, 2020

Does refusal to return a child after the weekend automatically give me custody? My daughter’s dad took her for the weekend and never brought her home it’s been almost a month he won’t respond to my calls do I automatically…

New Developments in Utah Law Governing Termination of Alimony

August 3, 2020

Divorce Utah

Alimony and Support, Divorce Fears, Divorce Preparedness, Utah Law, Utah Supreme Court Decisions

2020 UT 54, alimony, cohabitation, cohabiting, common residence, legal domicile, mandate rule, marriage-like relationship, Scott v. Scott, terminating alimony, termination of alimony, Utah Supreme Court

New developments in Utah case law governing the termination of alimony with the case of Scott v. Scott. In this case, the ex-husband moved to terminate alimony and won. The ex-wife claimed that her relationship with her post-divorce boyfriend did…

A “good” divorce lawyer isn’t much good if you can’t afford him/her.

August 1, 2020

Divorce Utah

Uncategorized

A “good” divorce lawyer isn’t much good if you can’t afford him/her. Sometimes, but rarely, does it make sense to hire a divorce lawyer who does an excellent job with the legal work but who bankrupts you as a result.…

Scott v. Scott – 2020 UT 54 – termination of alimony

July 31, 2020

Divorce Utah

Alimony and Support, Utah Code, Utah Law, Utah Supreme Court Decisions

2020 UT 54, alimony, cohabitation, cohabiting, common residence, legal domicile, mandate rule, marriage-like relationship, terminating alimony, termination of alimony, Utah Supreme Court

This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 54 IN THE SUPREME COURT OF THE STATE OF UTAH JILLIAN SCOTT, Appellant, v. BRADLEY SCOTT, Appellee. No. 20180210 Heard March 11, 2020 Filed July…

Is there a way to find an attorney’s win-loss record?

July 30, 2020

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness

attorneys, cases lost, cases won, lawyers, percentage, win-loss record

Is there a way to find an attorney’s win-loss record? A way to find out the percentage of cases won by an attorney? Yes, but . . . Yes, but not a perfect way. Yes, but not a perfectly complete…

Is it unreasonable to refuse to reside in the same town where your ex-spouse lives?

July 29, 2020

Divorce Utah

Child Custody, Dirty Tricks, Divorce Preparedness, Domestic Relations Commissioners, Joint Physical Custody

Is it unreasonable to refuse to buy a home in the same town or city that an ex-spouse lives in even though it is an affordable location? Not if residing in the same town/city in which your ex-spouse resides will…

What is the quality difference between a free lawyer (state supplied) and a lawyer you pay for?

July 28, 2020

Divorce Utah

Uncategorized

What is the quality difference between a free lawyer (state supplied) and a lawyer you pay for? A free lawyer and legal services are, in most circumstances, better than no lawyer at all, but there is a limit to these…

If someone obtains a restraining order against me, can I obtain one against him/her?

July 27, 2020

Divorce Utah

Protective Orders, Restraining Orders, Stalking Injunction/Civil Stalking Injunction

perp, perpetrator, preemptive, protective order, restraining order, stalking injunction

If someone put a restraining order on you only because they thought you were going to put one on them and they are the one who is stalking and harassing you, can you put one on them before anything is…

How can I calm my nerves?

July 24, 2020

Divorce Utah

Divorce Attorneys, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

anxiety, anxious, attorney, divorce, ex, fears, lawyer, nerves

How can I calm my nerves? I hired an attorney to help with my child custody case against my BPD ex. I’m so scared of what he will do when he finds out. Know that hiring a good lawyer (a…

What do real lawyers think about the principles in the TV show “Suits”?

July 23, 2020

Divorce Utah

Dirty Tricks, Divorce Attorneys, Divorce Lawyers, Divorce Preparedness

attorneys, lawyers, Suits, TV show

What do real lawyers think about the principles in the TV show Suits? As in all walks of life, there are those who are scrupulously honest and decent, and there are others who are unimaginably and needlessly crooked. The rest…

State v. Drommond – 2020 UT 50 – Utah Supreme Court

July 22, 2020

Divorce Utah

Utah Law, Utah Supreme Court Decisions

husband, murder, wife

2020 UT 50 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Appellee, v. DAVID EDWARD DROMMOND, JR., Appellant. No. 20080252 Heard April 30, 2013 Reheard February 10, 2020 Filed July 17, 2020 On Direct Appeal Second…

Are all lawyers super poor?

July 21, 2020

Divorce Utah

Attorney Fees, Divorce Attorneys, Divorce Costs, Divorce Lawyers

attorneys, lawyers, poor, rich, super poor, super rich

Are all lawyers super poor? No, but lawyers aren’t as rich as popular culture believes. I think I can speak for all lawyers when I tell you that one thing almost all of us resent is when people come to…

Can a parent discipline a child by taking the child’s phone away?

Can a parent discipline a child by taking the child’s phone away? Before researching this question, I thought the answer was obvious. It’s not. As a both a lawyer and a parent myself, I always believed that I had control…

State v. Norton – 2020 UT 46 – Utah Supreme Court

July 18, 2020

Divorce Utah

Divorce Fears, Divorce Preparedness, Uncategorized, Utah Court of Appeals, Utah Law, Utah Supreme Court Decisions, Women's Divorce Issues

husband, Rape, Utah Supreme Court, wife

https://www.utcourts.gov/opinions/supopin/State%20v.%20Norton20200713_20180514_46.pdf This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 46 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Respondent, v. LONNIE NORTON, Petitioner. No. 20180514 Heard May 13, 2019…

Why should judges not be political?

July 16, 2020

Divorce Utah

Judges

arguments, conservative, impartial, judges, liberal, opinions, political, social, values

Why should judges not be political? I think they shouldn’t be barred from expressing their political and social views. They obviously have them. It’s silly to act as if they don’t. Better to know who and what they are than to treat…

What happens if you are served divorce papers yet don’t sign them?

July 15, 2020

Divorce Utah

Divorce Court, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure

avoiding service, can't prevent divorce, divorce papers, evade service, refuse, service of process, sign, signature

What happens if you are served divorce papers yet don’t sign them? I will answer this question as it applies in the jurisdiction where I practice divorce law (Utah): If by “served divorce papers” you mean that you are served…

How many back and forth claims and counterclaims are allowed in a child custody battle?

July 14, 2020

Divorce Utah

Child Custody, Custody, Divorce Law, Divorce Preparedness, Divorce Procedure

answer, complaint, counter petition, counterclaim, petition

How many back and forth claims and counterclaims are allowed in a child custody battle? Here’s one way to count (I’ll use the jurisdiction where I practice divorce and family law (Utah) as an example): A child custody case (whether…

I hired an attorney. I’m so scared how my ex will react.

July 13, 2020

Divorce Utah

Divorce Attorneys, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

anxiety, ex, fear, hiring attorney, hiring lawyer, nerves, react, reaction

How can I calm my nerves? I hired an attorney to help with my child custody case against my BPD ex. I’m so scared of what he will do when he finds out. Know that hiring a good lawyer (a…

If we agree on our divorce terms, do we need attorneys?

July 10, 2020

Divorce Utah

Attorney Fees, Dirty Tricks, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

agree, agreement, attorney, lawyer, need, settle, settlement

If we agree on our divorce terms, do we need attorneys? In a less complicated divorce, where each party has already agreed to the split of assets, do they each need to hire their own attorney, and why or why…

Would a child deal better with constantly fighting or divorced parents?

July 9, 2020

Divorce Utah

Divorce Causes, Divorce Fears, Divorce Mistakes, Divorce Preparedness

better, child, children, constantly arguing, constantly fighting, divorce, divorced, input, parents, worse

“Do you think a child would deal better with constantly fighting parents or divorced parents?” I have been asked to answer this question, but as a divorce lawyer (not someone who is divorced himself), I did not want to answer…