Blog - Page 4 of 73 - Divorce Utah

If you have 50/50 custody, how much vacation time from kids is approriate?

November 3, 2021

Child Custody, Children in Divorce, Custody, Joint Legal Custody, Joint Physical Custody, Legal Custody, Physical Custody

child custody, Children in Divorce, divorce, joint equal custody, separation, vacation

If you’re separated and have 50/50 custody, how much vacation time away from your kid is appropriate? Too many variables to consider to give you an intelligent answer. How old is the child? How “clingy” is the child? How long is the…

Law from a legal assistant’s point of view, week 16: Self-awareness

November 2, 2021

Divorce Utah

Fathers' Divorce Issues, Lawyers, Legal Assistant, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

change, divorce, divorce law, law, legal assistant, legal system, mindfulness, self-awareness

By Quinton Lister, legal assistant This new experience working in the legal field has been full of unexpected lessons. One is that it really does help to be self-aware. What I mean by that is that so often the things we…

How to Avoid Hiring the Wrong Divorce Lawyer

November 1, 2021

Divorce Utah

Attorney Fees, Divorce, Divorce Attorneys, Divorce Costs, Divorce Law, Divorce Lawyers, Family Law, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyer Fees

costs, divorce, divorce costs, divorce lawyer, family lawyer, firing, hiring

So you’ve paid your divorce attorney $10,000 or so, it’s been 6 months, and essentially nothing’s getting done. What went wrong? It could be many things. If you have a bad lawyer (and that’s highly possible) you have my sympathies.…

How do I get an attorney to represent me against my abusive ex narc?

How do I get an attorney to represent me in court against my abusive ex narc who is filing for emergency custody of our children? Two things (if the lawyer is a good lawyer, both in the senses of being…

What are the biggest mistakes lawyers make when presenting their case?

October 28, 2021

Divorce Utah

Court Orders, Court Rules, Judges, Lawyers

arguments, attorney, case, court, judge, jury, law, lawyer, trial

What are some of the biggest mistakes lawyers make when presenting their case to a jury? Being long-winded, repetitive, rambling, imprecise, boring. But here’s the kicker: if you are clear and concise, then what you think are “in the bag”…

How do courts insist upon custody evaluations being conducted?

With rare exception in Utah (so rare that it might as well be non-existent), the way courts insist upon custody evaluations being conducted consists of: the court imposing one and only one child custody and parent-time schedule during the pendente…

Law from a legal assistant’s point of view, week 15: Objections.

By Quinton Lister, legal assistant I think one of the least understood facets of the legal system by lay people (like myself, a new legal assistant) is the concept of an objection in a trial. I have been to a…

How do you go through a custody battle and the only thing they can use is making up lies, manipulating the children to tell lies?

October 25, 2021

Divorce Utah

Child Custody, Custody, Family Law, Fathers' Divorce Issues, Judges, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

child custody, custody award, family law, law, lies, manipulation

If you want my answer, skip to paragraph three. 1. First, it may be the case (and it may be that you need to acknowledge) that the problem is not simply a matter of lies being told, but also a matter…

The Protective Order Deception

October 22, 2021

Divorce Utah

Abuse, Child Protective Order, Court Orders, Divorce, Divorce Court, Divorce Law, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Utah Law, Women's Divorce Issues

child protective order, court order, divorce law, domestic cases, family law, judges, protective order

We all know that a protective order provides little to no substantive protection for the purported victim. The joke around the legal profession is that when a bullet, blade, bat, or fist is headed your way, just hold up the sheet of paper on which…

What are the divorce laws in Utah?

October 21, 2021

Divorce Utah

Divorce Law, Family Law, Utah, Utah Code, Utah Court Rules, Utah Law

divorce law, family law, law, Utah, Utah code, Utah Court of Appeals, Utah Legislature, Utah Supreme Court

I don’t want to appear immodest, but honestly, my book is probably the best source in one volume: https://store.legal.thomsonreuters.com/law-products/Treatises/Utah-Family-Law-2020-2021-ed-Vol-2-Utah-Practice-Series/p/106664782 You can also find the laws governing Utah divorce and family law at the Utah State Legislature’s website, particularly (but not…

If a married couple divorces and neither one wants their child, what happens?

Great question. I have discussed this question with others. Their first reaction to the question is along the lines of “Oh, that’s terrible!,” but then we discuss the fact that there are those rare and exceptional families we’ve either known…

Law from a legal assistant’s point of view, week 14: Preparedness and Honesty

October 19, 2021

Divorce Utah

Divorce Attorneys, Divorce Court, Divorce Law, Divorce Preparedness, Family Law, Lawyers, Legal Assistant

attorney, divorce law, emergency, family law, honesty, lawyer, legal assistant, legal system, preparedness, surprise

By Quinton Lister, Legal Assistant My new job as a legal assistant to a divorce attorney has opened my eyes to the necessity of preparation. There are emergencies and surprises that come up constantly in the practice of divorce and family…

Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?

October 18, 2021

Divorce Utah

Child Support, Child Support Enforcement, Court Orders, Divorce, Divorce Law, Family Law, Finances, Uncategorized, Utah Court Rules, Utah Law

banking, Child Support, divorce finance, divorce law, family law, funds, Utah law

In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have used this method of paying child support and accounting for…

How Courts Can (and often do) Ensure There’s No Proof Joint Equal Custody Can Work

Here is an example of an important gotcha factor to be on guard against, if you are a good father being forced by the legal system to fight for joint equal custody (I do know that there are also mothers…

I’m a child whose parents are divorcing and fighting over custody. What can I do?

October 14, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Divorce, Divorce Law, Family Law, GAL (Guardian ad Litem), Joint Legal Custody, Joint Physical Custody, Utah Law

best interest of child, child custody, guardian ad litem. Utah law, Parent Time

I’m 15, about to be 16, and my parents are getting a divorce. My father has full custody, but he doesn’t want to take me to court to present my case that I want to see my mother. What can…

When a restraining order expires, is there some documentation that the respondent can get to prove the expiration?

In Utah, the answer to your question would be: Yes, in the form of the restraining order itself. The restraining order itself states that “[t]he order shall expire by its terms within such time after entry, not to exceed 14…

Law from a legal assistant’s point of view, week 13: Thoughts on ADR

October 12, 2021

Divorce Utah

Arbitration, Divorce Court, Divorce Law, Family Law, Lawyers, Legal Assistant, Mediation

arbitration, divorce law, family law, law, legal assistant, legal field, legal practice, mediation

By Quinton Lister, Legal Assistant Part of what has drawn me to my current position as a legal assistant to a divorce attorney is that I wanted to learn more about Alternative Dispute Resolution (ADR). In very basic terms, ADR…

Why is disciplining a child a sign of parental alienation in the long-term?

October 11, 2021

Divorce Utah

Alienation of Affection, Children in Divorce, Divorce, Parental Alienation, Parental Fitness

Children in Divorce, disciplining, parental alienation, parenting, parenting issues, parents in divorce

This is an example of a logical fallacy; specifically, begging the question. It assumes the conclusion in the premise It is not a given that disciplining a child is a sign of parental alienation in the long-term. Disciplining a child…

In Utah is there a minimum age at which minor children can be left at home or allowed to walk to school by themselves?

No. There is no minimum age at which child can be left unsupervised in Utah. Child and Family Services uses the following definition to evaluate each situation: Non-Supervision – The child is subjected to accidental harm or an unreasonable risk…

McQuarrie v. McQuarrie – 2021 UT 22 – termination of continuation of alimony

MCQUARRIE v. MCQUARRIE – 2021 UT 22 In the Supreme Court of Utah. Melvin C. MCQUARRIE, Appellant, v. Janette Colledge MCQUARRIE aka Janette Kendall, Appellee. No. 20190902-SC Heard March 5, 2021 Filed June 17, 2021 On Petition for Writ…