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

Divorce Utah
Children in Divorce, Divorce Causes, Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Divorce Prevention/Marriage Preservation
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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…
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Can I protect marital assets from my spouse by “temporarily gifting” them?

Divorce Utah
Dirty Tricks, Divorce Costs, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Marital Property
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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…
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Has anyone you know been framed for domestic violence?

Divorce Utah
Abuse, Amicable Divorce, Dirty Tricks, Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Domestic Violence, Men's Divorce Issues, Mental Illness, Protective Orders, Utah Law, Women's Divorce Issues
I’m a divorce and family lawyer, and so the crimes I see people framed for or manipulated into “committing” are domestic violence types. It’s frighteningly easy to do. Before I go any further, I note: virtually every time I write…
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Should we put divorcing couples in an adversarial divorce court system?

Divorce Utah
Best Interest of the Child, Children in Divorce, Co-parenting, Coping With Divorce, Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues
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People who are getting divorced fall into one of two categories: those who want to divorce while doing each other as little harm as possible; and those who don’t care what happens to their spouses in divorce and who are…
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Can I ask a lawyer, “Would you elaborate your legal fees?”?

Divorce Utah
Attorney Fees, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Lawyer Fees
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Of course you can ask the attorney to explain the basis for his/her legal fees and services pricing. Any attorney worth his/her salt and who has the requisite amount of humility and empathy will be willing to provide you with…
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Can you fire your divorce lawyer? Yes!

Divorce Utah
Coping With Divorce, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness
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Fire your lawyer? What can you do if you think your lawyer is doing a bad job representing you? Can you fire your lawyer? Your question is really two questions, and they’re both good questions: 1. If you think your lawyer is…
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Why doesn’t family law immediately use collaborative law practices to reach decisions?

Divorce Utah
Coping With Divorce, Dirty Tricks, Division of Marital Property, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Mediation, Men's Divorce Issues, Negotiation, Women's Divorce Issues
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Because 1) paradoxically, those for whom the true collaborative law process would work best are those who really don’t need collaborative law; and 2) “collaborative law” as it is practiced (as opposed to how it should be practiced) are not the same thing. Now there’s going…
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Does an ongoing divorce make one a lame duck at work?

Divorce Utah
Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness
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I believe what you mean to ask is, “Does an ongoing Divorce make you unable to focus and be productive at work?” The answer to that question is: for most people, yes. When Divorce Increases Productivity at Work Some people…
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Why is it common for the custodial parent to villainize the ex to their child?

Divorce Utah
Amicable Divorce, Best Interest of the Child, Child Abuse, Child Custody, Co-parenting, Coping With Divorce, Custodial Interference, Custody, Dirty Tricks, Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal System, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Parent Time, Parental Alienation, Parental Fitness, Parental Rights, Physical Custody, Women's Divorce Issues
I don’t know if it is common for one parent in a divorce (custodial or non-custodial) to villainize their ex to the child, but we know it happens frequently and any time it occurs is too often. And let’s clarify…
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Do married lawyers ever fight each other in court?

Divorce Utah
Coping With Divorce, Dirty Tricks, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness
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Do married lawyers ever fight each other in court? Do you mean to ask whether married lawyers sue each other in court? If that’s your question, the answer is: rarely. The reason is because they know how costly and miserable…
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“Anyone know of a low cost or pro bono lawyer that can help me in my divorce and custody case?”

Divorce Utah
Attorney Fees, Divorce Attorneys, Divorce Costs
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“Anyone know of a low cost or pro bono lawyer that can help me in my divorce and custody case?” I get this question so often. Don’t hate me for this, but it really annoys me. Don’t get me wrong.…
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Martin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer

Divorce Utah
Attorney Fees, Divorce Costs, Divorce Law, Divorce Mistakes, Expert Witnesses, Finances, Marital Home, Marital Property, Postnuptial Agreements, Prenuptial Agreements, Real Estate/Real Property, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law
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Martin v. Kristensen – 2019 UT App 127 THE UTAH COURT OF APPEALS YVONNE MARTIN, Appellant, v. PETTER KRISTENSEN AND FRANK O. KRISTENSEN, Appellees. Opinion No. 20160265-CA Filed July 26, 2019 Third District Court, Salt Lake Department The Honorable Todd…
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What happens if marriage is abolished, since there are too many divorce rates and cheating affairs?

Divorce Utah
Adultery, Children in Divorce, Divorce Causes, Divorce Costs, Divorce Prevention/Marriage Preservation
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If that happens, then we will then have taken another step—and a big one—on the road to hell. Although the old joke, “the leading cause of divorce is marriage” may be humorous, it’s terrible logic. Abolishing marriage would not “solve”…
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Have you ever told a client he/she would be better off settling a case, only for the client to take the case to trial anyway?

Divorce Utah
Attorney Fees, Coping With Divorce, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness
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Yes, and most of the time when a client decides to take a case to trial over a client’s advice the client does worse than he/she would have if he/she had taken the settlement offer. But not always. Which is…
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How to Identify a Good Divorce Lawyer, from the Client’s Perspective

Divorce Utah
Amicable Divorce, Coping With Divorce, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness
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Unfortunately, it’s almost impossible to identify a good lawyer without using his/her services for a while to see if you “got it right” on your choice. There are, however, a few good rules of thumb to help you avoid a…
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