Blog - Page 4 of 35 - Divorce Utah

If a single mother makes more annually than the father, would she have to pay child support even if she has custody?

December 31, 2018

Child Custody, Child Support, Children in Divorce, Joint Physical Custody, Sole Custody

child support obligation, custodial parent, joint physical custody, noncustodial parent., sole physical custody

In Utah, almost certainly not. I cannot think of a scenario in which a parent (mother or father) has sole physical custody of the children and would have to pay any child support to the noncustodial parent. In that scenario…

What advice do you have for a man who just found out his wife wants to divorce him?

December 28, 2018

Divorce Utah

Dirty Tricks, Divorce Fears, Divorce Preparedness, Divorce Prevention/Marriage Preservation

bad marriage, failed marriage

I’m a divorce lawyer, but I would like respond to your question both as a lawyer and as a spouse. First, if learning your wife wants a divorce comes as a shock, you have my sympathy (and the sympathy of…

Who is the most successful trial attorney?

December 27, 2018

Divorce Utah

Divorce Attorneys

I am a lawyer. In my experience, lawyers are, generally speaking, not the most honest, ethical, or moral people. If you gauge success by amount of money or amount of cases won, you’re almost certainly going to end up naming…

What is uncontested divorce, and how do you proceed with it?

December 26, 2018

Divorce Utah

Settlement, Uncontested Divorce

“Uncontested divorce” means that the parties settle the issues in the divorce case rather than arguing over the issues and having the judge decide the issues after a period of trial preparation and trial. If you and your spouse can…

Why do some lawyers settle for a plea bargain when they know their client is innocent?

December 25, 2018

Divorce Utah

Uncategorized

guilt, guilty, innocence, innocent, not guilty, plea bargain, plea deal

Many different reasons, but here’s a good example of one reason: because there are times when being innocent may not result in the jury believing you are, in fact, innocent. I had a client (some details of the story are…

When do you know your spouse is lying?

December 24, 2018

Divorce Utah

Adultery, Dirty Tricks, Divorce Preparedness

When you can independently verify it; otherwise, there is, as of yet, no perfectly accurate way to know whether someone is lying. Even the most sophisticated “lie detection” equipment (which no average person could afford) is not infallible (far from…

When did you realize that fighting for your marriage was useless?

December 21, 2018

Divorce Utah

Divorce Lawyers, Divorce Prevention/Marriage Preservation, Extramarital affairs/Adultery, Women's Divorce Issues

When did you realize that fighting for your marriage was useless? Many people ask me questions about “my” divorce. I am not divorced, I never have been, and (God willing), I will never have cause to be and never will…

My list of YouTube videos I like best on successful depositions

December 20, 2018

Divorce Utah

Divorce Court, Divorce Mistakes, Divorce Preparedness

court, deposed, deposition, divorce deposition, judge, testify, testifying, testimony

Here it is: my list of YouTube videos that I like best on how to identify, prepare for, and give a successful deposition. #1 Attorney Richard LaGarde has spent over thirty-five years preparing witnesses for their depositions. During his long and successful…

Cool as a Cucumber : How to Testify Successfully at Your Deposition or in Court in a Utah Domestic Relations Case

December 19, 2018

Divorce Utah

Divorce Court, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Divorce Procedure

deposition, divorce deposition, testify, testifying, testimony

Cool as a cucumber[1]. Is that you? It can be. When it comes to testifying, follow the Golden Rules: 1. Always tell the truth. 2. Simply telling the truth is not enough sometimes. You must understand the purpose and “the language”…

In re Adoption of B.N.A. – 2018 UT App 224 – adoption subject matter jurisdiction

December 18, 2018

Divorce Utah

Adoption, Utah Court of Appeals, Utah Court of Appeals Decisions

2018 UT App 224 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.N.A., A PERSON UNDER EIGHTEEN YEARS OF AGE C.E.L., Appellant, V. T.L. AND A.L., Appellees. Opinion No. 20180316-CA Filed December 6, 2018 Third District…

What does it mean when a hearing is conducted “by proffer”?

December 17, 2018

Divorce Utah

Divorce Procedure

evidentiary hearing, hearing by proffer, proffer hearing

“Proffer” means an offering of proof. So in a proffer hearing, an attorney will merely tell the court what the evidence would show, instead of actually presenting the evidence to the court. The purpose of a proffer hearing is to…

How do I get the court to order my ex to help pay for our kids’ college educations?

December 14, 2018

Divorce Utah

Child Support

adult children, age 18, age 21, Child Support, college, college education, Utah Code 152-1

First, you should know that while a Utah divorce court can order child support even after a child attains the age of 18 years, courts rarely do so; however, § 15-2-1 of the Utah Code does provide: “It is further…

11 Questions to Ask Before Getting a Divorce (from the New York Times)

December 13, 2018

Divorce Utah

Divorce Preparedness, Divorce Prevention/Marriage Preservation

11 Questions to Ask Before Getting a Divorce By Eric V Copage May 18, 2017, New York Times Common sense suggests that asking the right questions before getting married can make for a better union, but rarely is the other…

Domestic Violence and Protective Orders: What do I Need to Know?

December 11, 2018

Divorce Utah

Abuse, Domestic Violence, Protective Orders

78B-7-106. Protective orders--Ex parte protective orders--Modification of orders--Service of process--Duties of the court., protective orders, Utah law

This blog post answers the following questions: Do I qualify to get a protective order? How do I obtain a protective order: against an abusive partner, spouse or ex-spouse? for a child? against someone I’m dating or dated in the…

Marijuana and Child Custody Still Don’t Mix in Utah, You Fools! Ignore This at Your Peril!

December 10, 2018

Divorce Utah

Child Custody, Children in Divorce, Custody

child, child custody, commissioner, court, dispute, illegal, judge, marijuana, medical marijuana, Utah, utah medical cannabis act

No matter what you’re told, marijuana use is STILL ILLEGAL in this state. Illegal use of street drugs, including but not limited to marijuana, can and surely will be used against you in a child custody dispute. And you can’t…

Child Custody: what does it mean in divorce, and what factors determine who gets child custody?

December 7, 2018

Divorce Utah

Child Custody, Children in Divorce, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Physical Custody, Visitation, Women's Divorce Issues

child custody, joint custody, joint legal custody, joint physical custody, parenting plan

One of the biggest worries (perhaps the biggest) for a parent going through divorce is the question of child custody. A common misperception is that “child custody” means simply who your children will live with after you and your ex-spouse…

Can a Utah court exercise jurisdiction over my divorce, even if I don’t live in Utah?

December 6, 2018

Divorce Utah

Divorce Law, Divorce Procedure, Jurisdiction

divorce jurisdiction, foreign state, long arm jurisdiction, out of state

Yes, under certain circumstances. If you are a non-resident and Utah can still exercise jurisdiction over your case, this is referred to as “long-arm jurisdiction”. The statute which submits non-resident parties to Utah’s jurisdiction is found in Utah Code §78B-3-205.…

Why are there no penalties for false allegations in divorce and custody issues?

December 5, 2018

Divorce Utah

Abuse, Child Abuse, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

Why are there no penalties for false allegations in divorce and custody issues? QUESTION: Ex-wife made false allegation that I was inappropriate with my daughter. CPS cleared me. Cost me thousands to defend myself along with her being able to…

In re A.W. 2018 UT App 217 – termination of parental rights

December 4, 2018

Divorce Utah

Termination of Parental Rights, Utah Court of Appeals, Utah Court of Appeals Decisions

2018 UT App 217 The Utah Court of Appeals STATE OF UTAH, IN THE INTEREST OF A.W. AND A.W., PERSONS UNDER EIGHTEEN YEARS OF AGE. A.W., Appellant, v. STATE OF UTAH, appellee. Opinion No. 20180150-CA Filed November 23, 2018 Fourth…

In re K.J., 2018 UT App 216 Utah Court of Appeals – termination of parental rights

December 3, 2018

Divorce Utah

Termination of Parental Rights, Utah Court of Appeals, Utah Court of Appeals Decisions

abuse, Chapter 6., dependency proceedings, neglect, termination of parental rights, Utah Coee Title 87A

2018 UT App 216 The Utah Court of Appeals State of Utah, In the Interest of K.J., A Person under Eighteen Years of Age. J.J., Appellant, AND C.J., Appellant, v. STATE OF UTAH, Appellee. Opinion Nos. 20170812-CA and 20170814-CA Filed…