Divorce Costs Archives - Divorce Utah

Brown v. Brown – 2020 UT App 146 – marital vs. non-marital assets

2020 UT App 146 THE UTAH COURT OF APPEALS JERRY V. BROWN, Appellant, v. YVONNE A. BROWN, Appellee. Opinion No. 20190543 Filed October 29, 2020 Fourth District Court, Provo Department The Honorable Derek P. Pullan No. 154403120 Julie J. Nelson,…

Why do pro se litigants fail so often?

Why do pro se litigants fail so often? And if you’re wondering what a pro se litigant is, here’s the definition: someone who argues his/her own case in a lawsuit, rather than having a lawyer represent him/her and do the…

What advice would you give me before divorce, if I’m 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…

Do I owe my spouse of just a few months anything in divorce?

October 7, 2020

Divorce Utah

Alimony and Support, Coping With Divorce, Court Orders, Divorce Costs, Divorce Fears, Divorce Preparedness, Marital Debts, Marital Estate, Marital Property

alimony, debt, marriage of short duration

When a young couple divorces after only a month of marriage, should there ever be an expectation that one party owes anything to the other, even if they lived with one set of parents and never had their own place?…

How can I talk to a lawyer when I don’t have money to pay for one?

September 21, 2020

Divorce Utah

Divorce Attorneys, Divorce Costs, Divorce Lawyers

divorce, free attorney, free legal advice, free legal consultations, free legal information, pro bono, resources, Utah

How can I talk to a lawyer when I don’t have money to pay for one? Most jurisdictions have resources for consulting an attorney, even receiving certain kinds of legal services, without charge. In Utah, for example, the Utah State…

Can I get a cost-free divorce if, say, my spouse is verbally and emotionally abusive?

September 15, 2020

Divorce Utah

Abuse, Attorney Fees, Divorce Costs, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Emotional abuse, Men's Divorce Issues, Women's Divorce Issues

Can I get a cost-free divorce if, say, my spouse is verbally and emotionally abusive? In a sense, yes, but not because of a finding that your spouse “verbally and emotionally abused” your and (usually) only if: the court waives…

Are all lawyers super poor?

July 21, 2020

Divorce Utah

Attorney Fees, Divorce Attorneys, Divorce Costs, Divorce Lawyers

attorneys, lawyers, poor, rich, super poor, super rich

Are all lawyers super poor? No, but lawyers aren’t as rich as popular culture believes. I think I can speak for all lawyers when I tell you that one thing almost all of us resent is when people come to…

If we agree on our divorce terms, do we need attorneys?

July 10, 2020

Divorce Utah

Attorney Fees, Dirty Tricks, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

agree, agreement, attorney, lawyer, need, settle, settlement

If we agree on our divorce terms, do we need attorneys? 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…

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…

Putting my money where my mouth is: I now offer half-day mediation services free of charge. No strings attached.

June 4, 2020

Divorce Utah

Divorce Costs, Mediation, Settlement

cost, divorce, expensive, free mediation, mediation

Putting my money where my mouth is: I now offer half-day mediation services free of charge. No strings attached. Divorce litigation almost always costs too much. Divorce mediation is now getting out of control too. I cannot offer unlimited…

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…

Do I have a chance in divorce court without a lawyer? Do I really need one?

A chance? Sure. You have a chance. And you have a chance of winning the lottery, just not a very good chance of it. You may not want to read the rest of my answer because I am a lawyer,…

Why is it so common for parents to become outright enemies after divorce?

Why is it so common for parents to become outright enemies after a divorce? I have represented people in divorce who were pure as the driven snow, innocent as lambs, and treated miserably by their spouses, by law enforcement, by…

What are some reasons for offering pro bono legal services?

March 24, 2020

Divorce Utah

Attorney Fees, Divorce Attorneys, Divorce Costs, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

pro bono, pro bono legal services, pro se

While I provide some pro bono assistance (but not exclusively), I don’t like providing most kinds of pro bono legal services. I know I’m not alone in feeling this way. Candidly, most pro bono clients in my experience ranked among…

Who is responsible for debt when you get a divorce or if you break up?

Who is responsible for debt when you get a divorce or if you break up? For the jurisdiction where I practice law (Utah), the law governing who can be made responsible for the payment of marital debts in divorce is very…

Should I be nice to my spouse during a divorce?

That depends on what you mean by “nice”. Do you mean “with kindness”? Not necessarily kindness, but certainly decency. You are morally obligated to treat your spouse with decency, but you don’t have to go out of your way to…

Must I engage in all-day divorce mediation or some other time period?

Must I engage in all-day mediation in my divorce action, or for some other specific time period? No, there is no mandatory minimum period of time you must spend in mediation. You don’t have to stay in all-day mediation or…

Is a divorce easier when you’re both poor?

February 19, 2020

Divorce Utah

Divorce Costs, Divorce Mistakes, Divorce Preparedness

easier, easy, fair deal, fighting effort, nothing worth fighting over, throwing good money after bad, walk away, worry

Usually. When there’s nothing worth fighting over then it makes sense to make a fair deal or just walk away, rather than throwing good money after bad fighting over things that are worth less than the cost of your legal…

If your parents are divorced, what are the chances you will be?

Much, much higher than if your parents had not divorced. See Psychology Today February 5, 2019: “Research shows that children of divorce are more likely to experience a divorce themselves. The statistics vary, but one study by researchers Paul Amato and Danelle…

Can I protect marital assets from my spouse by “temporarily gifting” them?

November 15, 2019

Divorce Utah

Dirty Tricks, Divorce Costs, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Marital Property

“temporarily gifting”, conceal, courts, divorce, fraudulent transfer, gift, give, hide, hog, illegal, law, laws, legal, legislatures, marital assets, marital property, ownership, property, protect, spouse, transfer, value

Can I protect marital assets from my spouse by “temporarily gifting” assets to somebody else until after the divorce is final? Can you? Like is it doable? Sure, you can do it. And many divorcing people do this very thing successfully (meaning they get…