Blog - Page 41 of 42 - Divorce Utah

How to Represent Yourself or Make Limited Use of a Lawyer

January 6, 2016

Coping With Divorce, Divorce Court, Divorce Lawyers, Mediation

Divorce can be, and for most people, usually is to one degree or another overwhelming, complicated, and expensive. Many people choose to hire an attorney to represent them in divorce proceedings, but the law and the courts do not require…

Adultery and Divorce in Utah

January 6, 2016

Divorce Utah

Coping With Divorce, Divorce Court, Divorce Lawyers, Mediation

Some might say that Utah is backwards, a little too old fashioned for these modern times. “After all,” some think, “as long as sexual intercourse occurs between two consenting adults, what does it matter if one of the parties was…

The Key To A Divorce Settlement You Can Live With

January 6, 2016

Divorce Utah

Coping With Divorce, Divorce Court, Divorce Lawyers, Mediation, Uncategorized

“The fairest rules are those to which everyone would agree if they did not know how much power they would have.” — John Rawls You being fair and honest in your negotiation efforts does not weaken your ability to defend…

Why Not Create a Mediation Cooperative Among Utah Divorce Attorneys?

January 6, 2016

Divorce Utah

Divorce Court, Divorce Lawyers, Mediation

It would be a voluntary organization. Not everyone would need to join the cooperative, but those who do: Would have to have a minimum level of expertise, certain minimum qualifications, and commitment to standards of competency and fair dealing; and,…

Mediation Can Be Great, Just Go in with Your Eyes Open

January 6, 2016

Divorce Utah

Coping With Divorce, Divorce Lawyers, Mediation

Note: I am not anti-mediation and I never have been. I am anti-mandatory mediation. And I object to flawed and fraudulent arguments in favor of mediation. Appeals to authority (“courts agree with me”) and ad populum arguments (“people I lecture…

Divorce Mediation Needs to Up Its Game

January 6, 2016

Divorce Utah

Coping With Divorce, Divorce Court, Mediation

At the outset, know this: I am not anti-mediation. I am a trained mediator. I earnestly participate in mediation conferences with my divorce clients. Notwithstanding, the mediation profession at large needs to grow up and take a hard, honest look…

Mediation and Family Law – What You Need to Know

January 5, 2016

Divorce Utah

Coping With Divorce, Divorce Court, Divorce Lawyers, Mediation

There is much to know regarding mediation and family law, not all of it pleasant. Now that mediation is entrenched in the practice of law (particularly in family law), everyone in the system, from judges to lawyers to parties to…

Revenge Porn is a Crime in Utah

December 24, 2015

Divorce Utah

Coping With Divorce, Divorce Court, Divorce Lawyers

Revenge Porn Is a Crime in Utah What is revenge porn, you ask? A form of non-consensual pornography—not that the acts depicted were non-consensual, but that their distribution after the fact was. If, for example, your ex were very upset about your divorce and…

Protection from Domestic Violence in Utah

December 24, 2015

Divorce Utah

Divorce Court

Child Support

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PROTECTION FROM DOMESTIC VIOLENCE IN UTAH Numbers provided by the Center for Disease Control and Prevention reveal that one in three women in Utah will experience domestic violence, compared to one in four nationwide. See Domestic Violence in Utah higher…

What Happens to My Business if I Get a Divorce?

December 23, 2015

Divorce Utah

Coping With Divorce

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How does divorce affect you when you own a business? In Utah, marital property is divided by the courts equitably. Equitably means fairly, though not necessarily “equally.” If you started a business during the marriage (or even before the marriage),…

When Is a Penny Saved a Penny Wasted?

December 20, 2015

Divorce Utah

Alimony and Support, Divorce Lawyers

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Divorce carries with it consequences that could go on for years for those you care about the most (and that includes you!). Still, you feel the need to “save money” on your divorce. “Save money” means different things to different people,…

Prenuptial and Postnuptial Agreements in Utah

December 20, 2015

Divorce Utah

Assets/Debt/Property

assets/debt/property

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Many people enter marriage wanting to protect certain assets in the event the marriage were later to fail. When parties enter a marriage and one or both of the members of the couple own businesses or large assets, it is…

No Fault Divorce? How Infidelity in Utah can Cost you

December 20, 2015

Divorce Utah

Alimony and Support, Divorce Court, Special Circumstances

Alimony & Support, Divorce Court, special circumstances

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Though Utah is a no-fault divorce state, and divorces are routinely—and almost exclusively—granted for “irreconcilable differences,” infidelity in Utah can still wind up costing you in divorce. The Utah Code provides for fault to be considered for the purposes of…

LIAR!! Do Utah Family courts punish lying in Divorce Proceedings?

December 20, 2015

Divorce Utah

Coping With Divorce, Divorce Court

As would be expected, family law actions are the perfect breeding ground for “he said she said” scenarios. Anyone who has been in a relationship that has ended poorly knows that there are two sides to every story, and there…

Imputing Income in Utah

December 19, 2015

Divorce Utah

Alimony and Support

Alimony & Support

There are many issues in a typical divorce that are hotly disputed but child support and spousal support (aka alimony) invariably top that list. This is, in part, because even though most people would not begrudge their own child anything…

Artificially modifying income: Why efforts to trick the court about your income usually will not work

December 19, 2015

Divorce Utah

Alimony and Support, Assets/Debt/Property, Child Support

Alimony & Support, assets/debt/property, Child Support

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Near countless hours have been spent fighting over how much alimony or child support parties should pay and receive in a divorce action. While in Utah the legislature has established an equation to set child support that is based on…

Are Prenuptial Agreements More Trouble Than They Are Worth?

December 19, 2015

Divorce Utah

Prenuptial Agreements

prenuptial agreements

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Are prenuptial agreements more trouble than they are worth? Do they start the marriage off on an adversarial note? A prenuptial agreement could be a sensitive topic in many relationships. If finances are something you and your fiancé openly discuss…

Alimony and Income Equalization

December 19, 2015

Divorce Utah

Alimony and Support, Coping With Divorce, Divorce Court

Alimony & Support, Coping With Divorce, Divorce Court

There are many points of contention in a divorce action, from child custody to asset and debt distribution. After child custody, one of the most contentious issues in a divorce is alimony. This is due in part to the ambiguity…

Advances in Technology and Termination of Alimony in Utah

December 19, 2015

Divorce Utah

Alimony and Support

alimony, Alimony & Support, cohabitate, cohabitation

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Under Utah Code Ann. § 30–3–5(10) unless otherwise provided in the divorce decree, alimony “terminates upon establishment by the party paying alimony that the former spouse is cohabitating with another person.” See, Levin v. Carlton-Levin, 2014 UT App 3, ¶ 10, 318…

Alimony – The Facts

December 19, 2015

With rare exception, nobody on either side of a spousal support or alimony issue is ever satisfied. Those seeking alimony contend there’s never enough. Those paying alimony contend too much is demanded of them. They are both right and they…