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Law from a legal assistant’s point of view, week 52: One year

July 6, 2022

Hiring a Divorce Lawyer, Justice and Equity, Lawyers, Legal Assistant, Legal System

documentation, law, law clerk, lawyers, legal assistant, legal assistant's point of view, legal secretary, one year, passage of time

By Quinton Lister, legal assistant Well, I made it. There was no real worry that I could not do it, but being a legal assistant is not an easy job and there were days when I doubted myself, as I…

Nix v. Nix – 2022 UT App 83- insufficient evidence of adultery

2022 UT App 83 THE UTAH COURT OF APPEALS JILL NIX, Appellee, v. ROLAND COMPTON NIX JR., Appellant. Opinion No. 20200691-CA Filed June 30, 2022 Fourth District Court, Provo Department The Honorable Darold J. McDade No. 174402122 Seth D. Needs,…

Can a non-custodial parent claim the child tax credit?

Yes, and the IRS has provided this summary (among other publications) to show non-custodial parents how: https://www.irs.gov/pub/irs-pdf/p4449.pdf Here is an excerpt from that IRS publication: Claiming Your Child as a Dependent Generally, because of the residency test, a child of…

How do you prove duress in a divorce?

I will answer your question in the context of Utah law because I practice divorce and family law in the state of Utah. First, here is how duress is defined in Utah: ¶ 23 Under Utah law, duress exists when…

I signed a CPS safety plan but the court orders protective supervision.

What happens if I signed a CPS safety plan but the court orders protective supervision? The court’s order supersedes the agreement. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-happens-if-I-signed-a-CPS-safety-plan-but-the-court-orders-protective-supervision/answer/Eric-Johnson-311

Abortion banned (except in certain circumstances) in Utah, effective June 24, 2022

June 29, 2022

Divorce Utah

Utah Code, Utah Law

2022, abortion, ban, Chapter 7A, June 24, Title 76, U.S. Supreme Court, Utah code

Today, June 24, 2022, the U.S. Supreme Court overturned the decision from the 1973 case of overruled Roe v. Wade which had (until today’s decision of the Supreme Court) ruled that abortion was a constitutional right. What does this mean…

Law from a legal assistant’s point of view, week 51

June 28, 2022

Divorce Utah

Hiring a Divorce Lawyer, Lawyers, Legal Assistant, Legal System, Utah, Utah Law

clerk, law clerk, law firm, legal assistant, legal profession, secretary

Law from a legal assistant’s point of view, week 51: Should you be a legal assistant? By Quinton Lister, legal assistant One question you might be asking yourself if you have been reading my blog for the past year is,…

How do you win financially in a divorce?

It depends upon what you mean by “win financially.” Man divorcing people define this term differently, and the differences are extreme. Some people define “winning financially” as: coming away from the divorce action either 1) with as much money and…

How does someone take custody of a child after winning custody?

When someone wins custody of a child, does the child come to the courthouse to be taken by whoever is awarded custody or do they go to the home of the child to take them? How does this usually go? …

What are the significant changes to family law in the past two centuries?

What are the most important changes to the family law in the 19th century and 20th century up to today, and why? In my opinion (and in no particular order): No-fault divorce Abolition of the doctrine of coverture (femme couvert) …

True or false: Better to divorce than have a miserable life.

This blog post is in response to this question: I don’t think it’s bad to get a divorce. I think it’s more unhealthy to have miserable lives. — Ginger Wynn. What are your thoughts on this statement? This statement tries…

Law from a legal assistant’s point of view, week 50: Learning still

June 21, 2022

Divorce Utah

Lawyers, Legal Assistant, Legal System

law clerk, legal assistant, legal secretary

By Quinton Lister, legal assistant It has been almost a year since I have started working as a legal assistant to my boss, attorney Eric Johnson. I have learned so many new things about the legal system, about myself, and…

Why do people get married only to divorce a few years later?

Why do people get married only to divorce a few years later? Doesn’t really sound like love to me. With the exception of those divorces that take place shortly after a marriage due to abuse, mental illness, fraud, and those…

What is the proper way to request a change of the child custody order?

What is the proper language to request a change of the child custody order in family law court? What you want to accomplish is not the kind of thing that you have good odds of accomplishing successfully on your own,…

How should the child support payment system in the U.S. be changed?

How should the child support payment system in the U.S. be changed to make it more fair? What is unfair about child support for the child support payor (also known as the child support obligor): tying child support to the…

Can I get an annulment instead of a divorce?

Many people call me asking about whether they can get an annulment instead of a divorce. Their reasons are almost always the same: “I would prefer to say that I am not divorced.” Although the stigma of divorce is not…

Law from a legal assistant’s point of view, week 49

June 14, 2022

Divorce Utah

Divorce, Divorce Mistakes, Divorce Prevention/Marriage Preservation, Legal Assistant, Legal System

family, individual, law clerk, law firm, legal assistant, legal secretary, marriage, point of view, strong marriage

By Quinton Lister, legal assistant What is the one thing that would help decrease divorce in the United States? I honestly think that commitment to marriage as more than a legal institution would lead to less divorce. As society has…

How can I reveal my soon-to-be ex as having NPD in our custody case?

How can I reveal my soon-to-be ex as having NPD in our child custody case? You’re asking the wrong question. You shouldn’t be asking how you can prove your spouse has NPD (or some other mental or emotional disorder), but…

How would my fiancé go about getting any sort of custody for his child?

That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so that your fiancé can explain the situation to the lawyer,…

Is the percentage of married people getting a divorce still about 50%?

June 9, 2022

Divorce Utah

Divorce, Divorce Law, Divorce Prevention/Marriage Preservation, Divorce Procedure, Education, Family Law

attorney, divorce, divorce lawyer, divorce rate, family, family law, marriage, marriage rate

Is the percentage of married people getting a divorce still about 50%, or is it now higher? It’s actually a bit less than 50% currently and for the past few years. This is likely not because fewer people are divorcing as it…