Blog - Page 4 of 55 - Divorce Utah

Can I sell or trade in the family car while divorce proceedings are pending?

Can I sell or trade in the family car while divorce proceedings are pending? How would a spouse in process of divorce go about trading her van that is in both spouses name, if the other spouse is uncooperative? Would…

Why does a parent asking questions turn into a trial?

July 2, 2020

Divorce Utah

Fathers' Divorce Issues, Mothers' Divorce Issues

ask, child, children, interrogate, interrogation, question

Why does a parent asking questions turn into a trial? A parent questioning a child often turns into “a trial” when either 1) the child questioned is guilty of wrongdoing and does not want to be exposed or 2) the…

Who initiates divorce more often? Husbands or wives?

July 1, 2020

Divorce Utah

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

divorce, file, filing, higher, husband, husbands, wife, wives

Who initiates divorce more often? Husbands or wives? In the United State of America, although the percentages vary depending on the study, the research is unanimous in finding that wives initiate divorce more often than husbands. Between 65% and 70% more, generally. This study…

How much are the typical fees for a divorce?

June 30, 2020

Divorce Utah

Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

average, cost cases, figures, litigated, settled

How much are the typical fees for a divorce? According to lawyers.com, as reported June 18, 2019, the average cost of a divorce in my jurisdiction where I practice divorce law (Utah) is $13,200. This is based upon an average…

What would happen if a witness in court was asked if they will swear to tell the truth and they said no?

June 29, 2020

Divorce Utah

Contempt of Court, Utah Code

78B-1-143, 78B-1-144, affirm, contempt, court, moral, religion, sanctioned, swear, truth, Utah code, witness

What would happen if a witness in court was asked if they will swear to tell the truth and they said no? If the witness were unwilling to swear or affirm to tell the truth, the witness would either not…

Should I review the proposed settlement agreement with my own lawyer?

June 27, 2020

Divorce Utah

Dirty Tricks, Divorce Attorneys, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

agreement, conflict of interest, counsel, hope, independent, proposal, proposed, review, settlement, traps, tricks, trust

In a less complicated divorce, where each party has already agreed to the split of assets, do they each need to hire their own attorney, and why or why not? Should I review the proposed settlement agreement with my own…

How can a man show emotion to his woman without her taking it for weakness?

June 26, 2020

Divorce Utah

Divorce Prevention/Marriage Preservation

character, decency, emotion, man, risk, strength, vulnerable, weakness, woman

How can a man show emotion to his woman without her taking it for weakness? He can’t. The value in a man showing his wife or girlfriend genuine emotion and vulnerability lies in the fact that it shows he has…

Retirement now a potential ground for modifying alimony

June 25, 2020

Divorce Utah

Alimony and Support, Utah Code, Utah Law

alimony, foreseeable, modify, petition, retirement, substantial material change in circumstances, Utah Code § 30-3-5(10)(b)

Retirement now a potential ground for modifying alimony award In the 2020 legislative session the Utah State legislature amended the Utah Code to provide that “regardless of whether a party’s retirement is foreseeable, the party’s retirement is a substantial material…

New Law: Collection Fees for Unpaid Child Support and Alimony

June 24, 2020

Divorce Utah

Alimony and Support, Child Support, Child Support Enforcement, Utah Code, Utah Law

40%, alimony, Child Support, collection fees, contingency, delinquent, unpaid alimony, unpaid child support, Utah Code section 30-3-3.5

New Law: Collection Fees for Unpaid Child Support and Alimony In the 2020 legislative session the Utah State legislature passed a new law, Utah Code section 30-3-3.5, which provides that a court shall now impose a collection fee to pay…

New Child Support Enforcement Penalties!

June 23, 2020

Divorce Utah

Child Support, Child Support Enforcement, Utah Code

23-19-5.5, Child Support, enforcement, fishing, hunting, license, penalties, permit, tag

New Child Support Enforcement Penalties! In the 2020 legislative session the Utah State legislature passed a new Utah Code section, section 23-19-5.5. This new law–effective July 1, 2021–provides that an individual who is delinquent on a child support obligation may…

For divorced parents: why isn’t your custody award 50/50?

For divorced parents: why isn’t your custody award 50/50? Concisely (and in no particular order): sometimes a parent’s job, physical or mental/emotional disabilities, misconduct (like domestic violence, child abuse, or substance abuse), poverty, or distance from the other parent’s residence…

2020 Changes to Fall Break parent-time in Utah Code

June 19, 2020

Divorce Utah

Child Custody, Fathers' Divorce Issues, Holiday Parent-time, Men's Divorce Issues, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Utah Code, Visitation, Women's Divorce Issues

30-3-35, child returns to school, fall break, school lets out, sunday, u.e.a., Utah code

When the fall school break parent-time period begins was a common question that the Utah State legislature addressed in the 2020 legislative session by making a clarifying change to the code. That change is found in Utah Code § 30-3-35(2)(f).…

Father’s Day

June 18, 2020

Divorce Utah

Uncategorized

I hope yours is a happy Father’s Day. For many of you, it won’t be, it hasn’t been for years, and it’s a shame. First, know that I know there are mothers out there whose ex-husbands have destroyed or irreparably…

Practical steps to take to prepare to leave an abusive relationship?

June 16, 2020

Divorce Utah

Abuse, Domestic Violence

abuse, Domestic Violence, emotional violence, escape, leave, violence

What are practical, tangible steps someone can and should take when preparing to escape an abusive relationship? If it’s physically violent abuse: I really like what Fredric Garms had to say on this subject: Fredric Garms’s answer to What are…

What will it take for America to finally say “no more guns”?

June 15, 2020

Divorce Utah

Uncategorized

What will it take for America to finally say “no more guns”? When every single American believes (falsely) that guns are not necessary for any purpose whatsoever. And since there will always be a need for guns in this imperfect…

Can a mother keeping the children from the father work against in custody litigation?

Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living in the home as well impact the decision for joint…

Alternative Dispute Resolution in Domestic Relations

June 10, 2020

Divorce Utah

Uncategorized

Alternative Dispute Resolution in Domestic Relations Submitted by Eric K. Johnson Alternative Dispute Resolution in Domestic Relations Let’s Learn Some Useful Statutes and Rules See Utah Code § 30-3-39. Mediation program. (1) There is established a mandatory domestic mediation program…

What do you think about Senator McConnell telling judges appointed by Reagan, Bush I, and Bush II to consider retiring now so Trump can appoint their replacements?

June 9, 2020

Divorce Utah

Judges, Legal System

appointment, judges, politics

What do you think about Senator Mitch McConnell telling Reagan, Bush I, & Bush II appointed federal judges to consider retiring now so Trump can appoint younger judges to the federal bench? If true, it’s a shrewd political move. ‘Probably…

Is being a divorce lawyer miserable?

June 8, 2020

Divorce Utah

Child Abuse, Child Custody, Child Support, Children in Divorce, Coping With Divorce, Custody, Custody Evaluation, Divorce Attorneys, Divorce Lawyers, Divorce Procedure, Expert Witnesses, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Women's Divorce Issues

divorce attorneys, divorce lawyers, miserable

Is being a divorce lawyer miserable? Miserable? Can be (and is) for some divorce attorneys, but for me it’s chronically discouraging. Sure, the human pain and betrayal to which we are exposed is saddening, as is the toll divorce takes on…

Do Pro Se Divorce Parties Succeed?

June 5, 2020

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Pro se (representing yourself)

pro se, representing yourself, Success

Do Pro Se Divorce Parties Succeed? Do you know of anyone who decided to represent themselves pro se when the other party had an attorney in a family law case, where the pro se party was the non-custodial parent? What…