Divorce Procedure Archives

Father has 50/50 custody. Now ex is trying to take it away. What to do?

May 7, 2021

Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Child Support Modification, Children in Divorce, Co-parenting, Coping With Divorce, Custody, Custody Evaluation, Dirty Tricks, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parenting Plan, Physical Custody, Sole Custody, Women's Divorce Issues

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I am a father who has exercised at least 50/50 custody with my ex. Now she’s trying to take me to court for full custody and me getting every other weekend visits. How can I avoid losing 50/50 custody? First,…

Can a mother lose custody even if the child is still very young?

April 2, 2021

Divorce Utah

Best Interest of the Child, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Education, Evidence, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Legal System, Men's Divorce Issues, Mental Illness, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Personality Disorders, Preparing for Divorce, Sole Custody, Stepchildren, Stepparents, Supervised Parent-time, Supervised Visitation, Utah Code, Women's Divorce Issues

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Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very young (e.g., under 5 years old)? Oh, heck yeah. Many…

How long does it take a divorce to become final if one party is refusing the divorce?

March 24, 2021

Divorce Utah

Amicable Divorce, Coping With Divorce, Dirty Tricks, Divorce, Divorce Costs, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Fathers' Divorce Issues, Judges, Men's Divorce Issues, Mothers' Divorce Issues, Uncontested Divorce, Women's Divorce Issues

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How long does it take a divorce to become final if one party is refusing the divorce? It can take an amazingly, shockingly long time. One of the most frustrating things about this experience is that while you clearly have…

What policies and factors determine how child support is calculated?

March 16, 2021

Divorce Utah

Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Divorce, Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Physical Custody, Women's Divorce Issues

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What policies and factors determine how child support is calculated? This is a good question and a question that many parents ask. Every state in U.S. has child support calculation guidelines and formulae to determine which parent pays child support…

Why do I pay child support if we have joint custody and we both work?

I know two people that separated and share custody and both have jobs yet he pays child support? How does this work? This is a great question and a question that many parents ask. I will answer it using the…

Do parents who share joint equal custody pay child support?

Do parents who share joint equal physical custody of their children pay child support? If my spouse and I were to agree to share joint equal physical custody (50-50) of our child or children, would one of us still end…

S.B. 122 passes, despite opposition from the State Bar Family Law Section.

March 6, 2021

Divorce Utah

Child Custody, Children in Divorce, Custody, Divorce Attorneys, Divorce Fears, Divorce Lawyers, Divorce Procedure, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Unwed Parents, Utah Law, Women's Divorce Issues

2021 legislative session, joint equal physical custody, s.b. 122, Utah State Legislature

S.B. 122 passes, despite transparently self-serving and disingenuous opposition from the State Bar Family Law Section. The Family Law Section’s stated opposition to the first iteration of S.B. 122 and to the general concept of a presumption of joint equal…

Do you need a reason to get a divorce?

Do you need a reason to get a divorce? Not really, at least not in the jurisdiction where I practice divorce law (Utah). Even if you get a “no fault” divorce (“no fault divorce” means that you don’t have to…

Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself?

Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself? It certainly can. It depends upon the…

Do I have to respond to discovery questions in a divorce?

Do I have to respond to discovery questions in a divorce? Yes, unless you can persuade the court that some or all of the discovery requests: violate the rules governing discovery, such as exceeding the number of discovery requests allowed; are unreasonable…

Why is it difficult for a father to get child custody?

February 13, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Court Orders, Custody, Custody Evaluation, Dirty Tricks, Divorce, Divorce Attorneys, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Holiday Parent-time, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parentage, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Paternity, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Procedure and Evidence, Sole Custody, Uncategorized, Women's Divorce Issues

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Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society at large) that generally: mothers are better parents than fathers;…

If I can’t find an attorney, can it honestly be said I got a fair trial?

If I can’t find an attorney, can it honestly be said I got a fair trial? If a person seeks legal representation in a court, and every attorney they tries to hire refuses to represent them, can he receive a…

When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)?

When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)? In Utah, where I practice divorce and family law, the answer is: no. When a lawyer…

Utah Divorce Case Timeline Summary

November 30, 2020

Divorce Utah

Amicable Divorce, Assets/Debt/Property, Attorney Fees, Coping With Divorce, Court Rules, Discovery, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Education and Orientation Courses, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Education, Evidence, Family Law, Findings of Fact and Conclusions of Law, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Mediation, Men's Divorce Issues, Pension, Personal Property, Preparing for Divorce, Settlement, Utah Court Rules, Utah Law

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Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more they fight and the more things they fight over, the…

How can I find my spouse’s response to my divorce petition?

October 30, 2020

Divorce Utah

Divorce Procedure

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How can I find my spouse’s response to my divorce petition? You should have received a copy at the same time when she filed her response with the court. She or her attorney (if she is represented by an attorney)…

Do lawyers write down their arguments in full, or just have brief notes?

August 7, 2020

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness, Divorce Procedure

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Do lawyers write down their arguments in full, or just have brief notes? It depends upon the lawyer. And there are lawyers who use either or both methods to present their arguments. Some lawyers are quick on their feet and…

What happens if you are served divorce papers yet don’t sign them?

July 15, 2020

Divorce Utah

Divorce Court, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure

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What happens if you are served divorce papers yet don’t sign them? I will answer this question as it applies in the jurisdiction where I practice divorce law (Utah): If by “served divorce papers” you mean that you are served…

How many back and forth claims and counterclaims are allowed in a child custody battle?

July 14, 2020

Divorce Utah

Child Custody, Custody, Divorce Law, Divorce Preparedness, Divorce Procedure

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How many back and forth claims and counterclaims are allowed in a child custody battle? Here’s one way to count (I’ll use the jurisdiction where I practice divorce and family law (Utah) as an example): A child custody case (whether…

Is being a divorce lawyer miserable?

June 8, 2020

Divorce Utah

Child Abuse, Child Custody, Child Support, Children in Divorce, Coping With Divorce, Custody, Custody Evaluation, Divorce Attorneys, Divorce Lawyers, Divorce Procedure, Expert Witnesses, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Women's Divorce Issues

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Is being a divorce lawyer miserable? Miserable? Can be (and is) for some divorce attorneys, but for me it’s chronically discouraging. Sure, the human pain and betrayal to which we are exposed is saddening, as is the toll divorce takes on…

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…