What Are the Divorce Laws in Utah?
While visiting a lawyer’s website is not a bad place to look for answers to this question, it is not the best. If you want to know the divorce laws for Utah, you will want to read the laws and…
Should I file for a no-fault divorce or for an uncontested divorce?
My spouse and I have no children together and own no property together. Should I file for a no-fault divorce or for an uncontested divorce? It’s not a question of choosing between “no-fault divorce” and “uncontested divorce”. These two terms…
What does temporary custody without prejudice mean?
Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Divorce, Divorce Court, Divorce Law, Divorce Procedure, Family Law, Joint Legal Custody, Joint Physical Custody, Judges, Legal Custody, Legal System, Physical Custody
It means that the child custody order is a temporary, as opposed to a permanent and final, order of the court. Why would a court enter a temporary child custody order? For obvious reasons and necessity. If to parents are…
How do I file a response in a divorce if the summons is invalid?
How do I file a response in a divorce if missing the court’s address for filing invalidates the summons? Be very careful getting cute with procedural technicalities. If you were served with a summons that is defective only because it…
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…
Do you have any experience on how to challenge a void judgment in a family court?
Thanks for asking such a good question. The answer, as it applies in the jurisdiction where I practice divorce and family law (Utah), is found in Utah Rules of Civil Procedure 60(b)(4): Rule 60. Relief from judgment or order. (b)…
How does employment effect finances in divorce?
Are Couples in which the husband didn’t have a full-time job had a chance of divorcing the following year, compared to couples in which the husband did have a full-time job? In my opinion, given that generally husbands still earn…
Child refuses to exercise shared custody with the stricter parent
Best Interest of the Child, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Contempt of Court, Coping With Divorce, Court Orders, Custodial Interference, Custody, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Parenting Plan, Preparing for Divorce, Sole Custody, Utah Law, Women's Divorce Issues
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 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…
If you get a divorce but everything is in your name, do you have to split it?
If you get a divorce but everything is in your name, do you get to keep everything or do you have to split it? I will answer your question in the context of the law of the jurisdiction where I…
How do you win a case against your ex for false accusations?
If you find an attorney who knows a sure-fire, fail-safe way to defend an ex-spouse or an ex-boyfriend/ex-girlfriend against “false accusations,” that attorney is likely a multimillionaire because possessing such a skill/power would superhuman/miraculous. False accusations exist because they often…
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…
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.…
Can an adult child be sued for helping one parent divorce the other?
Taking your question literally: Can? Yes. You can file a lawsuit for any “reason” or no reason at all. Crazy and/or malicious people file crazy/malicious/frivolous/unintelligible lawsuits all the time. Just because you can file a lawsuit does not mean, however,…
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…
Is there anything that can surprise a judge during a divorce proceeding?
Is there anything that can surprise a judge during a contested divorce proceeding? Of course. We’ve all read about cases where all of the circumstantial evidence indicated the defendant is guilty, only to be surprised in the eleventh hour some…
Nix v. Nix – 2022 UT App 83- insufficient evidence of adultery
Adultery, Appeal, Attorney Fees, Discovery, Divorce, Divorce Causes, Divorce Court, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Extramarital affairs/Adultery, Family Law, Fault, Findings of Fact and Conclusions of Law, Grounds for Divorce, Infidelity, Legal System, Men's Divorce Issues, Preparing for Divorce, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues
2022 UT App 83 THE UTAH COURT OF APPEALS JILL NIX, Appellee, v. ROLAND COMPTON NIX JR., Appellant. Opinion No. 20200691-CA Filed June 30, 2022 Fourth District Court, Provo Department The Honorable Darold J. McDade No. 174402122 Seth D. Needs,…
How do you win financially in a divorce?
It depends upon what you mean by “win financially.” Man divorcing people define this term differently, and the differences are extreme. Some people define “winning financially” as: coming away from the divorce action either 1) with as much money and…