Blog - Page 3 of 33 - Divorce Utah

How did you feel after your divorced parent remarried? Where you nice to your step-parents?

November 27, 2018

blended families, blended family, step-brother, step-parent, step-siblings, step-sister

I approach this question from the perspective of a divorce lawyer. I am a big fan of remarriage under the right circumstances. Be very careful and don’t move too fast when it comes to remarrying. Blended families can function well,…

Can Utah Modify the Child Custody Order of a Different State?

November 26, 2018

Divorce Utah

Child Custody, Child Custody Modification

child custody jurisdiction, modification of foreign state custody order, modification of other state's child custody order

Can Utah modify the child custody order of a different state? Under certain circumstances, yes. Below is a summary of the laws that govern whether Utah can exercise jurisdiction to modify the child support order of another state. This posting…

When a couple have children outside wedlock, what happens financially to mom when daddy finds a new girlfriend?

November 22, 2018

Divorce Utah

Child Custody, Unwed Parents

In Utah, where I practice family law, there are no laws governing an unmarried father’s obligations to a child born out of wedlock. So regardless of whether the father has a new girlfriend, there is nothing to force the father…

Can a mother take a child from the father just because she chose not to marry him?

November 20, 2018

Divorce Utah

Child Custody, Unwed Parents

How do you feel that a mother can take a child from their father without any legal repercussion just because she chose to string along an engagement and never get married? I think your question is actually this one: Can…

How does child custody work if one parent needs or wants to move out of state?

November 19, 2018

Divorce Utah

Child Custody, Child Custody Modification

moving out of state

How does child custody work if one parent needs or wants to move out of the current state? Is it better to let the court know up front of the possibility, or wait until custody is decided? This is one…

Should you wait until your children have grown up before divorcing?

November 16, 2018

Divorce Utah

Amicable Divorce, Children in Divorce, Coping With Divorce

sake of the kids, staying together

Should you wait until your children have grown up if you were contemplating divorce but are still amicable to one another? Yes, and God bless you if you have the will and the devotion to your children to do it. (Obviously a…

Is it wrong to go through with divorce when my child wants to live with both mom and dad?

November 15, 2018

Divorce Utah

Children in Divorce, Coping With Divorce

staying together for the sake of the kids

Is it wrong to go through with divorce when my child wants to live with both mom and dad? On that basis alone? No. For example, if you want to divorce to avoid being beaten by your husband, you should…

Should all spousal support/alimony be revoked?

November 14, 2018

Divorce Utah

Alimony and Support, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Spousal Support, Women's Divorce Issues

alimony, alimony for life, lifetime alimony, spousal support

Should all spousal support/alimony be revoked? No, but I wouldn’t be upset if it was largely overhauled to reflect circumstances as they are now. Because originally wives didn’t get half the marital property in divorce, alimony was all wives (wives,…

If my spouse died without assigning me the survivor’s benefits, can I still get them?

November 13, 2018

Divorce Utah

Uncategorized

If a husband died naming his wife as the one to receive the survivor’s benefits, then how can a wife get a pension? First, do you know if you aren’t already the default recipient of survivor’s benefits merely because you…

Can I still get custody or visitation, even if my spouse got a protective order against me?

November 12, 2018

Divorce Utah

Child Custody, Dirty Tricks, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Protective Orders, Women's Divorce Issues

My husband placed a protection order on me and my son’s name is on it, we are in the divorce process, is it possible that I can still get custody or visitation? I will answer this question by making some…

What is a simple truth about divorce that most people ignore?

November 9, 2018

Divorce Utah

Dirty Tricks, Divorce Mistakes, Divorce Preparedness

I hate to write this, but I can’t deny it: One simple truth about divorce that most people ignore is that the legal system does a pretty lousy job of it. This is not an immutable characteristic of the legal…

What has been your experience with a grownup only child as a spouse, or partner?

November 8, 2018

Divorce Utah

Men's Divorce Issues, Women's Divorce Issues

What has been your experience with a grownup only child as a spouse, or partner? Clearly, the likelihood of being: more self-centered, less socialized, less accustomed to living in tight financial circumstances; less “seasoned” by having to navigate and suffer…

In your experience, how often do divorces get resolved “amicably” after being filed in court?

November 7, 2018

Divorce Utah

Amicable Divorce, Child Abuse, Child Custody, Coping With Divorce, Dirty Tricks, Divorce Attorneys, Divorce Court, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Parental Fitness, Parental Rights, Personality Disorders, Women's Divorce Issues

Some couples actually realize that while their marriage is a failure, that does not mean that they are bad people. They can care enough about each other to divorce amicably. I’ve seen it happen about 10% of the time. It…

Widdison v. Kirkham – 2018 UT App 205 – contempt, attorney’s fees

November 6, 2018

Divorce Utah

Attorney Fees, Divorce Law, Divorce Lawyers, Divorce Mistakes, Uncategorized

2018 UT App 205. contempt, attorney's fees, Widdison v. Kirkham

2018 UT App 205 THE UTAH COURT OF APPEALS JAMIE WIDDISON, Appellee, v. JANAE A. KIRKHAM, Appellant. Opinion No. 20160961-CA Filed November 1, 2018 Third District Court, Salt Lake Department The Honorable Paige Petersen No. 034903241 Larry A. Kirkham, Attorney…

If child support is too high, can I do anything about it?

November 5, 2018

Divorce Utah

Child Support, Child Support Modification

If child support is too high, can I do anything about it? Yes. As financial situations change, the amount of child support you ordered may no longer be reasonable. Your income may have decreased due to no fault of your…

As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce?

November 2, 2018

Divorce Utah

Alimony and Support, Child Custody, Children in Divorce, Coping With Divorce, Dirty Tricks, Division of Marital Property, Divorce Costs, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Evidence, Fathers' Divorce Issues, Finances, Men's Divorce Issues, Mothers' Divorce Issues, Preparing for Divorce, Women's Divorce Issues

As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce? There are two types of men who ask this question: good men and bad men. So many people, when they…

When have you believed clients’ stories, but they were lying?

November 1, 2018

Divorce Utah

Dirty Tricks, Divorce Fears, Divorce Mistakes

Let me answer your question this way; here are the things divorce lawyers get lied to about the most (in this order): money issues (lying about income, hidden assets) false claims of child abuse (happens all the time) substance abuse…

Why can’t family law court mediators have their custody reports challenged?

October 31, 2018

Divorce Utah

Mediation, Settlement

Why can’t family law court mediators have their custody reports challenged? In my jurisdiction (Utah), mediation is a completely confidential process. Mediators are statutorily barred from making a report to the court and cannot be compelled to testify by either…

What’s the Funniest Court Case You’ve Seen?

October 30, 2018

Divorce Utah

Evidence, Uncategorized

Here are my top 3: #1) My client was charged with drug possession after a police officer found them in a hard carton cigarette pack (one made out of cardboard) because when he picked it up and shook it, “sounded…

How can someone prove that a pre/post-nuptial agreement was forced upon them by the other spouse?

October 29, 2018

Divorce Utah

Prenuptial Agreements

antenuptial agreements

Easier than you might think (but by no means guaranteed). Courts are inclined to believe certain claims; namely (and I’m going to be honest with you here, not politically correct): a woman’s claim that she was coerced into signing. Men…