Blog - Page 4 of 40 - Divorce Utah

Changes to Utah Code as to What Age Minors Can Marry

May 9, 2019

15 years, 18 years, marriage, minors, Utah Code 30-1-2, Utah Code 30-1-9

There were a lot of changes in family law that the Utah Legislature made in its 2019 session. One amendment was made to Section 30-1-2 of the Utah Code. Section 30-1-2 used to provide that a minor could marry when…

How can I get a divorce if I don’t know where my spouse is?

May 8, 2019

Divorce Utah

Child Custody, Court Rules, Custody, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Men's Divorce Issues, Utah Law, Women's Divorce Issues

alternate service, default, default judgment, foreign country, service, Utah Rules of Civil Procedure

If I’m married with a child (separated for 4 years), how do I get a divorce and establish a child support order, if I don’t know where my spouse is? (might not be in the same country)? In Utah, where…

Can a prenup dictate that a reflection time is required before divorce?

May 7, 2019

Divorce Utah

Utah Code, Utah Law

antenuptial agreement, cooling off, prenuptial agreement, reflection period

In Utah, where I practice divorce law, the law governing what content is permitted in prenuptial agreements is fairly simple and thus fairly broad: 30-8-4. Content. (1) Parties to a premarital agreement may contract with respect to: (a) the rights…

Do I need a separate room for my daughter?

May 6, 2019

Divorce Utah

Child Custody, Children in Divorce, Coping With Divorce, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Parenting Plan, Women's Divorce Issues

apartment, bedroom, daughter

As a single father I can only afford a one bedroom apartment for me and daughter, what alternatives do we have? Most courts will not penalize you for having a small residence. Most courts won’t penalize you for you and…

How did having children change the way you think about adults?

May 3, 2019

Divorce Utah

Divorce Prevention/Marriage Preservation

better, children change parents

Adults who marry responsibly and have children responsibly are better adults than those who aren’t. There is generally more to them. If you let them, marriage and parenthood cannot help but expose you to situations that challenge and mold you…

How does divorce affect you socially and mentally?

May 2, 2019

Divorce Utah

Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness

adjustments, divorce, friends, mental health, social impact, this too shall pass, trust

You will likely be (or feel like) a pariah for a while. You probably anticipated it, but it will still hit you harder that you expected and in ways you didn’t expect. Know that this too shall pass. Many of…

If my spouse cheats, and we divorce will I get custody of my children?

May 1, 2019

Divorce Utah

Adultery, Child Custody, Children in Divorce, Divorce Mistakes, Fathers' Divorce Issues, Infidelity, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

adultery, child custody, infidelity

In response to the question, “If my spouse cheats, and we divorce, will I get custody of the children because of my spouse’s infidelity?,” the answer is unequivocally “no.” No state in the United States awards custody to the cheated-on…

Have you ever dealt with parental alienation?

April 30, 2019

Divorce Utah

Children in Divorce, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Alienation, Women's Divorce Issues

alienation, causes, children, courts, divorce, judges, parental alienation, parents

Yes, but from the perspective of being the divorce lawyer for the alienated parent. Let me tell you, unless the alienating parent is so ham-handed in his or her efforts that the alienation is manifestly undeniable, proving parental alienation is…

What’s the best way to decide who takes the children when a couple splits?

April 29, 2019

Divorce Utah

Child Custody, Children in Divorce, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

best interest of child, best interest of the family, child custody, decent parent, fit parent, loving parent

I’ll tell you one thing, it’s not the illusory “standard” (that’s not really a standard in the first place) of the “best interest of the child” that everybody talks about. The goal of a child custody award should be the…

When a narcissist is jealous how do you turn that around?

April 26, 2019

Divorce Utah

Divorce Preparedness

Well, the easiest way (though not the wisest) might be to fail. A narcissist who is jealous of your success would probably love to see you fail. Likewise, if a narcissist is jealous of your happiness, the easiest way to…

Is it good for my marriage if we live with my mother in law?

April 25, 2019

Divorce Utah

Divorce Prevention/Marriage Preservation

bad, divorce, good, living with in-laws, marriage, moral obligation, reasons

Not necessarily. While it may not be common in the U.S.A. for adult married children to live with their parents or their parents to live with their adult married children, in many other cultures it is common, acceptable, and even…

If one spouse insists on divorce, shouldn’t he/she pay all legal fees?

April 24, 2019

Divorce Utah

Attorney Fees, Lawyer Fees

§ 78B-5-825. Attorney fees--Award where action or defense in bad faith--Exceptions., attorney and witness fees, court costs, court fees, legal expenses, legal fees, litigation costs, Utah Code § 30-3-3. Award of costs

Not necessarily “wrong,” but rather unlikely (not impossible, but unlikely, but read on to see what exceptions may apply). It may be reasonable of you to argue to the court that since you did not want a divorce (and presumably…

Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker

2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department The Honorable W. Brent West No. 134901221 David Pedrazas, Attorney…

What are some of the major causes behind a divorce?

April 19, 2019

Divorce Utah

Adultery, Divorce Causes

adultery, alcohol abuse, Domestic Violence, drug abuse, financial, incompatibility, infidelity, lack of commitment

Lack of commitment/incompatibility. http://www.divorce.usu.edu/files… Survey: Certified Divorce Financial Analyst® (CDFA®) professionals Reveal the Leading Causes of Divorce “Marriage is a counter-cultural act in a throwaway society.” —Dr. William H. Doherty, noted marriage scholar and therapist Utah Family Law, LC |…

Is financial turmoil the cause of divorce?

April 18, 2019

Divorce Utah

Divorce Causes, Divorce Prevention/Marriage Preservation, Men's Divorce Issues, Women's Divorce Issues

finances, financial distress, money tension, money troubles

Probably not. While many divorces arise over money troubles (too little money, which places an unbearable strain on the marriage), money can’t be the primary cause of divorce. Divorce is too often a terrible investment. The odds of “cashing in” through divorce…

What is the most likely experience for kids who age out of the foster care system?

April 17, 2019

Divorce Utah

Uncategorized

age out, experience, foster care, foster care system?

Funny you should ask, as I just finished up a conference at which a retired judge and family advocate spoke on this very subject. The statistics are tragic. Those that had the greatest impact on me: children raised in foster…

If a spouse “refuses to sign the papers” is the divorce in limbo?

April 16, 2019

Divorce Utah

Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Fault

no-fault divorce, refuse to sign, sign the papers

If a spouse “refuses to sign the divorce papers” would the divorce be in limbo? No. The days of a spouse preventing a divorce due to a refusal to agree to divorce ended with the creation of “no-fault divorce”. Many…

As a lawyer have you ever turned down a case, what was the reason?

April 15, 2019

Divorce Utah

Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Preparedness

why attorneys turn down cases and clients

As a lawyer have you ever turned down a case, what was the reason? Yes, and generally speaking, lawyers in private practice turn down cases regularly, and for many reasons. Here are the most common: the lawyer cannot take the…

If mom’s in jail, and dad never signed the birth certificate, who gets custody?

April 13, 2019

Divorce Utah

Child Custody, Unwed Parents

As a legal matter, whoever the court would deem to serve the best interest of the child. If the biological father could prove to the court that he is the biological father, he should presumptively be preferred as the person…

Can anyone go to court and just watch?

April 12, 2019

Divorce Utah

Court Rules, Divorce Fears, Divorce Lawyers, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners

courts open to the public, prepare for court

Can anyone go into a court room and sit in the back seat and just watch? Why or why not? Courts are open to the public With the exception of a few court proceedings that are not open to the…