Blog - Page 4 of 58 - Divorce Utah

What if you don’t get divorced and just move away?

September 18, 2020

Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Separation Agreements

What if you don’t get divorced and just move away? The risks and dangers in just up and moving away from (abandoning) your spouse are manifold. Here are a couple that come to mind: If you disappear and your spouse…

Will my husband be legally an owner of a company that I start just because he is my husband?

September 17, 2020

Divorce Utah

Business Interests, Business Valuation, Division of Marital Property, Marital Property, Premarital property

Will my husband be legally an owner of a company that I start just because he is my husband? It is possible to obtain an interest in a spouse’s business. Let me show you how it works in Utah in…

Unique challenges for men and women face in divorce and child custody

September 16, 2020

Divorce Utah

Alimony and Support, Child Custody, Custody, Domestic Violence, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

alimony, child custody, Domestic Violence, men, protective order, restraining order, stalking injunction, unique challenges, women

The unique challenges men and women face in divorce and child custody cases What follows is my opinion, but my honest and sincere opinion born of experience over the past 23 years in the practice of divorce and family law.…

Can I get a cost-free divorce if, say, my spouse is verbally and emotionally abusive?

September 15, 2020

Divorce Utah

Abuse, Attorney Fees, Divorce Costs, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Emotional abuse, Men's Divorce Issues, Women's Divorce Issues

Can I get a cost-free divorce if, say, my spouse is verbally and emotionally abusive? In a sense, yes, but not because of a finding that your spouse “verbally and emotionally abused” your and (usually) only if: the court waives…

Utah Courts “Divorce Education for Children” program is free of charge

September 14, 2020

Divorce Utah

Child Custody, Child Custody Modification, Child Support, Children in Divorce, Co-parenting, Custody, Divorce Law, Divorce Mistakes, Divorce Preparedness

9-12 years old, divorce, divorce education for children, en espanol, free, free of charge, utah courts

The Utah Courts provide a “Divorce Education for Children” program that is free of charge for children 9-12 years of age whose parents are divorcing. More information about the program is provided below. Los Tribunales de Utah proporcionan un programa…

Divorce litigation in a nutshell

September 12, 2020

Divorce Utah

Uncategorized

Divorce litigation in a nutshell: Let me get this straight; I caught you lying, you denied it, I proved beyond any doubt, and now you are mad at me? ————– Utah Family Law, LC | divorceutah.com | 801-466-9277

What should you know as a woman about divorcing?

September 11, 2020

Divorce Utah

Divorce Fears, Divorce Mistakes, Divorce Preparedness, Women's Divorce Issues

blind spots, concerns, fears, woman divorce issues

What should you know as a woman about divorcing? Consider the source of this answer, as it comes from a married (not divorced), male divorce lawyer. To many reading this, both men and women, it may come across at first…

What does it take to get the court to award custody to the father?

What does it take to get the court to award custody to the father? Either: A) a miracle or B) the mother has to be so clearly an unfit parent that the court cannot both i) award her custody and…

Do Native American peoples get divorces?

September 9, 2020

Divorce Utah

Divorce Law, Divorce Preparedness

American Indian, divorce, Indian country, laws, Native American

Do Native American peoples get divorces? Married Native Americans can and do get divorces, as do Native Americans married to non Native Americans. The laws governing divorce of Native Americans (American Indians) are different than those governing non-Indians. The laws…

What do lawyers think of vigilantes?

September 8, 2020

Divorce Utah

Justice and Equity

This is what this lawyer thinks of vigilantes: As the proverb goes, “Desperate diseases must have desperate remedies.” Yet taking the law into your own hands is inherently prone to abuse. That is why vigilante justice is not the conventional…

Can one spouse or the other avoid paying taxes on a joint tax?

Can one spouse or the other avoid paying taxes on a joint tax? Tax law does not require married couples to file joint income tax returns simply by virtue of being married. So there is no such thing as a…

Can the courts force you to testify against someone?

September 4, 2020

Divorce Utah

Contempt of Court

contempt of court, perjury, subpoena, testify, testifying, testimony

Can the courts force you to testify against someone? In a manner of speaking, yes. You do not have the the option of being a witness if you are ordered by the court to to testify. The way you are…

Are prenuptial agreements used only to avoid divorce settlements?

Are prenuptial agreements used only to avoid divorce settlements? Prenuptial agreements are used primarily to avoid the expense, the misery, and the waste of time divorce actions can (and usually do) cause by agreeing in advance what the separate property…

Why do people need legal advisors if all the laws can be found on the Internet?

Why do people need legal advisors (I’m not referring to litigators) if all the laws can be found on the Internet? Good question, and the answer is simple and clear: There are many times when people need legal experts (and…

How do courts view mothers who abandon their family during a divorce?

How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds the concept and institution of motherhood in high esteem, so…

This smells like a frame-up to me

August 31, 2020

Divorce Utah

Judges

diversity, ethics, free speech, freedom, freedom of speech, judges, learn, sexual harassment, thought, tolerance

This smells like a frame-up to me: Judge is accused of using sexual language to advise assistant prosecutor on art of direct examination This feels like entitled and opportunistic attorneys running amok in the name of “sensitivity.” This is a tale…

Can Being in a Zoom or WebEx Meeting Violate a Restraining Order?

August 28, 2020

Divorce Utah

Protective Orders, Restraining Orders

call, conference, meeting, physical presence., protective order, restraining order, violation, webex, zoom

Can Being in a Zoom or WebEx Meeting Violate a Restraining Order? What’s going to happen if I have a restraining order and I get on Zoom to make a meeting or a call and that person that I have…

Do you flee the country to avoid alimony? Or do you happily comply?

August 27, 2020

Divorce Utah

Alimony and Support, Modification of Alimony, Termination of Alimony

alimony, comply, flee the country, grudgingly, happily, modify, motion, move, pay, petition, terminate

Do you flee the country to avoid alimony? Or do you happily comply? First, let’s discuss the “option” of fleeing the country to avoid paying alimony. It’s not really an option unless you consider obeying the law optional. In one…

Can I refuse visitation when a non-custodial parent refuses to take a child to school?

August 26, 2020

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce, Custody, Modification of Child Custody

change, child custody, fail, modify, non-custodial, noncustodial, Parent Time, refuse, refuse visitation, school, withhold visitation

Can I refuse visitation when a non-custodial parent refuses to take a child to school? In the jurisdiction where I practice divorce and family law (Utah), the answer is: Unless you have a court order that allows you to refuse…

In re C.M.R. 2020 UT App 114 – abuse, ineffective assistance of counsel

August 25, 2020

Divorce Utah

Abuse, Ineffective Assistance of Counsel, Juvenile Court, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions

abuse, Dependency, ineffective assistance of counsel, neglect

2020 UT App 114 https://www.utcourts.gov/opinions/appopin/In%20re%20C.M.R…20200806_20190808_114.pdf THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.M.R., B.T.R., P.J.R., F.S., AND O.S., PERSONS UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190808-CA Filed…