Flat Fee Billing Questions
I am frequently asked questions about my flat fee billing. I bill on a weekly flat fee basis. Usually $500 per week, although the weekly fee can be higher if the case is a an unusually challenging or demanding one.…
What Made You Want to Become a Family Law Attorney?
Thank you for asking this question. It comes at a time when I’ve been thinking about this very subject. I am the first lawyer in my family. I am also, at this point, the only lawyer in my family. I’ve…
What are your thoughts on a second marriage?
My answer comes from the perspective of a divorce lawyer who’s been in practice for 26 years. Note that I believe in marriage. Although I am a divorce lawyer myself, I am not divorced, and God willing, I never will…
Do I have to pay the court to go to trial?
Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this wasn’t widely known: In Utah, do I have to pay…
If you give a divorce lawyer a retainer on a divorce and then change your mind within a few days, are they obligated to return the retainer?
While I cannot speak for all jurisdictions and for all situations, generally an attorney to whom you have paid a retainer or advance deposit is obligated to return the unearned portion of that retainer/deposit if you terminate that attorney’s services,…
Do attorneys ever have to represent relatives?
Do attorneys ever have to represent relatives or is that a conflict of interest? I will give my personal opinion (as a lawyer, but not as a lawyer giving anyone any particular legal advice) as it applies in the jurisdiction…
When it comes to divorce and family law firms, never hire on faith and hope
Do your research with due diligence. Interview a lot of different firms and attorneys (I’m talking 5 to 10, not just 2 or 3—you’ll never get a feel for the diversity of competence and incompetence unless you do). Don’t be…
Why are so many attorneys seemingly against legal separation?
Why are so many attorneys seemingly against legal separation? I truly feel in my circumstance its best for me/us. Is it because they wont make as much money? We have already started the divorce process. Can it be switched? I…
How can I make my abusive husband divorce me?
Short of holding the proverbial gun to his head (i.e., forcing him to do so against his will), you can’t. While you might contrive to motivate your husband to file for divorce against you by committing marital fault yourself, that…
What are the 3 main issues that lead to divorce these days?
Every time you hear about divorce, what are the 3 main issues that lead to divorce these days? I have been a divorce and family law attorney for 26 years. In that time I have spoken to thousands of people…
How much should you trust your lawyer? Part 2
This blog is in response to a comment made to a video entitled How much should you trust your lawyer? “The biggest problem I’ve encountered with attorneys isn’t legal competence but the “to a hammer, everything looks like a nail”…
How much should you trust your lawyer?
The more power to be entrusted, the higher the stakes, the less I trust anyone under such conditions. Many of us find or will find ourselves in a situation where we must retain an attorney’s services. Essentially, it must be…
What will the court do if I do not sign a letter sent by my ex-husband?
What will the court do if I do not pick up a letter my ex-husband sent that needs to be signed by me from the courts about his back court ordered alimony of $20,000.00 that he is in default already and has…
What are two lines of work that fit together well?
What are two lines of work that fit together well? For example, a remodeling contractor and a divorce lawyer. I do not believe a lawyer or client would really want to interact with each other any more than necessary. I…
Is it easier to get a divorce if you and your spouse have nothing shared?
Is it easier to get a divorce if you and your spouse have no debts, no shared property, and no children? Typically, generally, usually, yes. In the overwhelming majority of cases. You identified three of the top four reasons, in…
Would the divorce rate drop if the parties had to see a psychologist first?
What do you think would be the rate of divorce in marriages if psychologists were to be consulted in court by couples before proceeding to see the lawyer for divorce? Your intentions are good, your proposal won’t work. Short answer:…
Fox v. Fox 2022 UT App 88 – alimony
Alimony and Support, Appeal, Assets/Debt/Property, Attorney Fees, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Debts, Discovery, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Procedure, Equity, Evidence, Family Law, Fathers' Divorce Issues, Finances, Findings of Fact and Conclusions of Law, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Estate, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Preparing for Divorce, Procedure and Evidence, Property Division, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues
Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District Court, St. George Department The Honorable Matthew L. Bell No.…
How do I get a quick, cheap divorce?
Easiest way up front, but usually most foolish, most financially and psychologically expensive in the long term: give your spouse whatever he she wants/demands (while it is possible for your spouse to make a proposal for a divorce settlement that…
True or false: Better to divorce than have a miserable life.
This blog post is in response to this question: I don’t think it’s bad to get a divorce. I think it’s more unhealthy to have miserable lives. — Ginger Wynn. What are your thoughts on this statement? This statement tries…
How would my fiancé go about getting any sort of custody for his child?
Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Law, Divorce Lawyers, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Joint Legal Custody, Joint Physical Custody, Lawyers, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Physical Custody, Women's Divorce Issues
That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so that your fiancé can explain the situation to the lawyer,…