Divorce Fears Archives

What Can I Legally Do if My Child’s Mother Refuses to Use Car Seat When Traveling With Our Little Child?

What can I legally do if my child’s mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is also the custodial parent with full custody rights, so she…

How Long Does a Child Custody Court Hearing Take?

rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t do much, if anything, during the actual hearing, with the…

Tithing Can Be a Legitimate Personal Expense in the Context of Determining the Alimony Award

Whether my recollection is true or not, I remember being taught in law school that tithing and other regular charitable giving cannot be treated as a personal expense deduction in bankruptcy. It appears that is no longer true (if ever…

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.…

Mower v. Mower – 2023 UT App 10 – Death of Spouse Before Court Rules

2023 UT App 10 THE UTAH COURT OF APPEALS LIDIA V. MOWER, Appellant, v. THOMAS W. MOWER, Appellee. Opinion No. 20210101-CA Filed January 20, 2023 Fourth District Court, American Fork Department The Honorable Roger W. Griffin No. 124100133 Cassie J.…

U.S. Marriage and Divorce Statistics

March 10, 2023

Divorce Utah

Abuse, Adultery, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Child Custody, Child Support, Children in Divorce, Custody, Divorce, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Fault, Finances, Grounds for Divorce, Infidelity, Legal Custody, Legal System, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Parent Time, Parental Rights, Physical Custody, Separation, Settlement, Substance Abuse, Visitation, Women's Divorce Issues

Contributing factors to divorce, Divorce and political affiliation, Divorce effects on children, divorce rate in the United States, Divorce rates by addiction & mental health, Divorce rates by age, Divorce rates by education level, Divorce rates by ethnicity, Divorce rates by financial stability, Divorce rates by gender, Divorce rates by generations, Divorce rates by occupation, Divorce rates by religion, Divorce rates by social media, Divorce rates for interracial couples, Divorce statistics by state, How close friends or family impact divorce rates, How coworkers can increase divorce rates, How divorce affects couples with kids, How parents’ relationships affect divorce rates, Impact of divorce on child custody and child support., Military divorce rates, Same-sex divorce rates, The financial impact of divorce, Top divorce statistics you should know, What are the most common reasons for divorce?, Where you met

My name is Stephanie from flingorlove.com and honestly, I usually wouldn’t bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics and put it all together in a massive blog post…

Myers v. Myers 2023 UT App 20 – Alimony Modification

March 8, 2023

Divorce Utah

Alimony and Support, Coping With Divorce, Court Orders, Dirty Tricks, Divorce, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Fathers' Divorce Issues, Finances, Findings of Fact and Conclusions of Law, Husband's or Wife's Business, Judges, Legal System, Men's Divorce Issues, Modification of Alimony, Modification of Decree of Divorce, Mothers' Divorce Issues, Procedure and Evidence, Termination of Alimony, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

¶ 11, ¶ 14, ¶ 19, ¶ 27, ¶ 28, ¶ 30, ¶ 31, ¶ 42, ¶ 6, ¶ 7, ¶ 8, ¶ 9, ¶¶ 14–15, 1075 (Utah 1985), 1999 UT App 12, 1999 UT App 219, 1999 UT App 41, 2003 UT App 357, 2004 PA Super 37, 2014 UT App 204, 2014 UT App 211, 2017 UT App 150, 2017 UT App 155, 2018 UT App 175, 2018 UT App 189, 2018 UT App 22, 2018 UT App 75, 2019 UT App 207, 2021 UT App 77, 2022 UT App 36, 2022 UT App 88, 2023 UT App 20, 334 P.3d 994, 335 P.3d 378, 402 P.3d 219, 405 P.3d 749, 412 (Utah 1977), 414 P.3d 1023, 424 P.3d 1113, 436 P.3d 294, 437 P.3d 411, 456 P.3d 1159, 496 P.3d 242, 508 P.3d 612, 515 P.3d 481, 565 P.2d 409, 566 (Utah 1985), 700 P.2d 1072, 704 P.2d 564, 80 P.3d 153, 843 A.2d 1247, 973 P.2d 431, 974 P.2d 306, 983 P.2d 1103, ability to pay, alimony, Armendariz v. Armendariz, Barrani v. Barrani, Bukunowski v. Bukunowski, Degao Xu v. Hongguang Zhao, demonstrated need, earning capacity, English v. English, Fox v. Fox, Gerwe v. Gerwe, Jones v. Jones, maximum permissible alimony award, Miner v. Miner, modification of alimony, modifying alimony, Moon v. Moon, Myers v. Myers, need, Nicholson v. Nicholson, Olson v. Olson, Pankhurst v. Pankhurst, Paulsen v. Paulsen, PEEPLES v. PEEPLES, Rehn v. Rehn, Roberts v. Roberts, substantial material change in circumstances, Utah Code § 30-3-5, Utah Court of Appeals, Vanderzon v. Vanderzon, voluntary unemployment, Williamson v. Williamson, Woskob v. Woskob

Myers v. Myers 2023 UT App 20 2023 UT App 20 THE UTAH COURT OF APPEALS AMY R. MYERS, Appellee, v. JACOB W. MYERS, Appellant. Opinion No. 20220002-CA Filed March 2, 2023 Sixth District Court, Richfield Department The Honorable Brody…

The New Utah Code §§ 30-3-35 and 30-3-35.1 Holiday Parent-Time Schedules

From KSL.com: New Utah law brings confusion, contention for some divorced parents this holiday season https://www.ksl.com/article/50538686/new-utah-law-brings-confusion-contention-for-some-divorced-parents-this-holiday-season Utah Family Law, LC | divorceutah.com | 801-466-9277

Wellman v. Kawasaki – 2023 UT App 11 – Alimony

March 3, 2023

Divorce Utah

Alimony and Support, Appeal, Coping With Divorce, Court Orders, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Findings of Fact and Conclusions of Law, Judges, Men's Divorce Issues, Procedure and Evidence, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

¶ 14, 2014 UT App 211, 2015 UT 79, 2021 UT App 77, 335 P.3d 378, 459 P.3d 276, 496 P.3d 242, 700 P.2d 1072 (Utah 1985), Dahl v. Dahl, equalize the standards of living of each party, financial declaration, Jones v. Jones, Miner v. Miner, need must constitute the maximum permissible alimony award, prevent recipient spouse from becoming a public charge, purposes of alimony, Roberts v. Roberts, standard of living that existed during the marriage, statutory alimony factors, supporting] financial documentation, Utah Code § 30-3-5(10), Utah law, Utah R. Civ. P. 26.1(c).

2023 UT App 11 THE UTAH COURT OF APPEALS DAVID WELLMAN, Appellee, v. KRISTIN KAWASAKI, Appellant. Opinion No. 20210265-CA Filed February 2, 2023 Fourth District Court, Provo Department The Honorable Christine S. Johnson No. 174402919 Mary Deiss Brown, Attorney for…

Oldroyd v. Oldroyd – 2022 UT App 145 – Premarital Property

February 1, 2023

Divorce Utah

Appeal, Assets/Debt/Property, Coping With Divorce, Division of Marital Property, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Equitable Interest, Equity, Family Law, Findings of Fact and Conclusions of Law, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Prenuptial Agreements, Preparing for Divorce, Property Division, Special Circumstances, Utah Court of Appeals Decisions, Women's Divorce Issues

2022, 2022 UT App 145, acquiring interest in a spouse’s premarital property, contributions, December 22, equitable division, extraordinary situation exception, interest in spouse’s premarital property, Judge Noel S. Hyde, Morgan Department, Oldroyd v. Farrell Lynn Oldroyd, Opinion No. 20210073-CA, premarital property, premaritally acquired, property contribution exception, Second District Court, spouse’s premarital property, Utah Court of Appeals

2022 UT App 145 THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20210073-CA Filed December 22, 2022 Second District Court, Morgan Department The Honorable Noel S. Hyde No. 134500028 Brent D. Wride,…

Are Divorce Lawyers Ethically Supposed to at Least Attempt to Dissuade a Client From Divorcing?

January 20, 2023

Divorce Utah

Divorce, Divorce Causes, Divorce Fears

broken marriage, divorce

Great question. Thank you for asking. The answer (at least for the jurisdiction where I practice divorce law (Utah)) is: no, a lawyer has no ethical obligation to dissuade a client from seeking a divorce. That does not mean, however,…

What advice would you give to someone who has just started a divorce?

What advice would you give to someone who has just become one of the parties in a divorce proceeding? #1. Know this: divorce law and the divorce process are almost surely not what you think they are. They are scarier,…

What can I do if my ex won’t stop taking me to court?!

My ex has been taking me to court for over 4 years to get my joint custody taken away. Her father worked for the courts for 25 years so she hasn’t had to get a lawyer and it’s obviously harassment…

Is the Johnny Depp divorce trial actually newsworthy?

The divorce trial wasn’t all that newsworthy or memorable (celebrities divorcing is expected), it’s his defamation trial against his ex-wife that is newsworthy. Why? Although his defamation case is not as relevant to the country as news that affects us…

Child refuses to exercise shared custody with the stricter parent

Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I’m a stricter parent unlike my ex who lets him play computer games all day and…

Why do people not complain about people who shouldn’t marry?

October 3, 2022

Divorce Utah

Divorce, Divorce Fears, Divorce Law, Divorce Prevention/Marriage Preservation, Family Law, Uncategorized

divorce, divorce prevention, marriage, mental illness, people who shouldn't marry, preventative laws, prevention, romance, romantic, stupidity

Why do people complain about the high divorce rate, but don’t complain about people who shouldn’t marry? There will never be an effective, morally acceptable way to prevent the following kinds of people from marrying (and thus reducing the divorce…

Why is it so easy to get married, and so hard to get divorced?

Why is it so easy to get married, and so hard to get divorced? Shouldn’t it be the other way around? This is a perceptive question. It would not not be that hard to get divorced if you were to…

Can a parent with full custody deny visitation due to unsanitary conditions?

Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for the jurisdiction where I practice divorce and family law (Utah).…

Does it take time to move on after a midlife divorce?

July 28, 2022

Divorce Utah

Coping With Divorce, Divorce, Divorce Fears, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

change, continuing, coping, hard divorce, life after divorce, long marriage, misery, move on, necessity

For most people, generally yes. However one may define “move on,” the longer one is married (especially when the couple has lived together for the duration of the marriage and has had children), a divorce is a major upheaval 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:…