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Amicable Divorce

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Nelson v. Nelson – 2023 UT App 38 – Claim Preclusion and Child Support

2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The Honorable Brian G. Cannell No. 154100713 Sara Pfrommer, Ronald D.…

In Re J.E. 2023 UT App 3, Voluntary Declaration of Paternity

2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210921-CA Filed January 20, 2023 Third District…

Why do spurned spouses often refuse to cooperate in their own divorce proceedings?

Why do spurned spouses often refuse to participate in certain aspects of their own divorce proceedings despite the headache it creates for all parties involved? Spurned spouses sometimes refuse to participate in certain aspects of divorce proceedings despite the headache…

T.W. v. S.A. – 2021 UT App 132 – child custody

January 14, 2022

Alimony and Support, Amicable Divorce, Annulment of Marriage, Antenuptial Agreements, Appeal, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Business Interests, Business Valuation, Child Abuse, Child Care Costs, Child Care/Surrogate Care, Child Custody, Child Custody Modification, Child Neglect, Child Protective Order, Child Protective Services, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Civil Stalking, Civil Stalking Injunction, Co-parenting, Cohabitation, Common Law Marriage, Contempt of Court, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Custody Evaluation, Daycare, Debts, Dirty Tricks, Discovery, Division of Child and Family Services (DCFS), Division of Marital Property, Divorce, Divorce and Taxes, Divorce Attorneys, Divorce Causes, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Utah, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

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2021 UT App 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna Gibson No. 134401457 David Pedrazas, Attorney for Appellant Laja K.…

Law from a legal assistant’s point of view, week 7: You got to be tough

August 24, 2021

Amicable Divorce, Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers, Family Law, Legal Assistant, Utah Law

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By Quinton Lister, Legal Assistant The practice of family law takes a thick skin. I haven’t been at the job long (and I’m just a legal assistant), but it’s obvious that you got to be tough to do this job well, even as a legal assistant. Divorce and domestic…

MacFarland v. MacFarland – 2021 UT App 58

July 16, 2021

Amicable Divorce, Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Co-parenting, Cohabitation, Contempt of Court, Coping With Divorce, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equitable Interest, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Justice and Equity, Legal System, Marital Home, Men's Divorce Issues, Modification of Alimony, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Special Circumstances, Spousal Support, Termination of Alimony, Uncontested Divorce, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

§ 30-3-10.1, § 30-3-5, § 78B-12-108, § 78B-12-201, alimony, child custody, decree of divorce, joint physical custody, Modification, modifying, physical custody, Utah code

021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second District Court, Farmington Department The Honorable David J. Williams No.…

Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court decides matters of alimony, property division, and child custody. I…

What are the grounds for filing for a divorce in Utah?

First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have to plead or show that your spouse committed any kind…

How can an uncontested divorce be considered a law suit? Does the court even get involved in that case?

April 30, 2021

Amicable Divorce, Uncontested Divorce

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How can an uncontested divorce be considered a law suit? Does the court even get involved in that case? A law suit is a claim or dispute brought to a court of law for adjudication. A divorce action is a…

How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s “The Suitcase Kid”?

How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s “The Suitcase Kid”? The child certainly can be like the child (Andrea) from Jacqueline Wilson’s “The Suitcase Kid,” if under a shared parenting arrangement…

How long does it take a divorce to become final if one party is refusing the divorce?

March 24, 2021

Amicable Divorce, Coping With Divorce, Dirty Tricks, Divorce, Divorce Costs, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Fathers' Divorce Issues, Judges, Men's Divorce Issues, Mothers' Divorce Issues, Uncontested Divorce, Women's Divorce Issues

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How long does it take a divorce to become final if one party is refusing the divorce? It can take an amazingly, shockingly long time. One of the most frustrating things about this experience is that while you clearly have…

Do prenuptial agreements make a wedding/marriage healthier?

Do prenuptial agreements make a wedding/marriage healthier? Make? In all cases? No. Can prenuptial agreements make a wedding and marriage healthier? It is conceivable that some people might find planning for divorce before they have married a comfort to them…

How can a uncontested divorce be considered a law suit? Does the court even get involved in that case?

March 3, 2021

Amicable Divorce, No fault divorce, Uncontested Divorce, Women's Divorce Issues

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How can a uncontested divorce be considered a law suit? Does the court even get involved in that case? A law suit is a claim or dispute brought to a court of law for adjudication. A divorce action is a…

Do you need a reason to get a divorce?

Do you need a reason to get a divorce? Not really, at least not in the jurisdiction where I practice divorce law (Utah). Even if you get a “no fault” divorce (“no fault divorce” means that you don’t have to…

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you succeed? Probably not. Unless you can prove (not persuade, but…

Utah Divorce Case Timeline Summary

November 30, 2020

Amicable Divorce, Assets/Debt/Property, Attorney Fees, Coping With Divorce, Court Rules, Discovery, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Education and Orientation Courses, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Education, Evidence, Family Law, Findings of Fact and Conclusions of Law, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Mediation, Men's Divorce Issues, Pension, Personal Property, Preparing for Divorce, Settlement, Utah Court Rules, Utah Law

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Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more they fight and the more things they fight over, the…

What to do before a divorce, if you’re not in the wrong

What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few people ask. Does this sound familiar?: Your spouse is making…

How can we change the court system in order to make divorces easier on the children?

How can we change the court system in order to make divorces easier on the children? In my opinion: Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce cases more litigant focused and tailored to meeting their needs…

Should We Keep Our Divorce Struggles a Secret from the Kids?

May 19, 2020

Amicable Divorce, Children in Divorce, Co-parenting, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

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Should We Keep Our Divorce Struggles a Secret from the Kids? If a couple conceals their arguments from their children and divorce ‘amicably,’ does that send a message to the children that bad things can happen without any particular reason,…

How much does a collaborative divorce cost?

February 3, 2020

Amicable Divorce, Divorce Mistakes, Divorce Preparedness, Mediation, Negotiation, Settlement

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How much does a collaborative divorce cost? Too much, generally. Odds are that if you attempt to settle your divorce through what is called the “collaborative law” process your experience will be a negative one and/or one that cost you…

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