Divorce Procedure Archives

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?

August 23, 2022

Divorce Utah

Dirty Tricks, Divorce, Divorce Court, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Procedure, Family Law, Fathers' Divorce Issues, Judges, Justice and Equity, Lawyers, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

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

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

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…

Is the percentage of married people getting a divorce still about 50%?

June 9, 2022

Divorce Utah

Divorce, Divorce Law, Divorce Prevention/Marriage Preservation, Divorce Procedure, Education, Family Law

attorney, divorce, divorce lawyer, divorce rate, family, family law, marriage, marriage rate

Is the percentage of married people getting a divorce still about 50%, or is it now higher? It’s actually a bit less than 50% currently and for the past few years. This is likely not because fewer people are divorcing as it…

Is hiding money from your spouse grounds for divorce?

June 3, 2022

Divorce Utah

Divorce, Divorce Law, Divorce Preparedness, Divorce Procedure, Family Law, Fault, No fault divorce

divorce law, divorce on demand, family law, keeping secrets, money, no-fault divorce, secrets, spouse

In the age of no-fault divorce, you don’t really need to have a good reason (or any reason at all) to get a divorce. So if your spouse is hiding money from you and you want to divorce your spouse…

What will the court do if I do not pick up a letter my ex husband sent?

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…

Can you go back to your ex-spouse after a divorce?

May 25, 2022

Divorce Utah

Divorce, Divorce Fears, Divorce Law, Divorce Procedure, Family Law

amicable divorce, divorce, ex-spouse, husband and wife, marriage, re-marriage, romance

Yes, there is no law (I know of in any jurisdiction of which I am aware, but check in your jurisdiction to be sure) against a divorced couple resuming a romantic relationship or from remarrying. Utah Family Law, LC |…

Horne v. Horne – 2022 UT App 54 – 60(b) motion to set aside

2022 UT App 54 THE UTAH COURT OF APPEALS REBECCA A. HORNE, Appellee, v. TODD D. HORNE, Appellant. Opinion No. 20200845-CA Filed April 28, 2022 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No. 194905732 Mary C.…

Law from a legal assistant’s point of view, week 45

By Quinton Lister, legal assistant I work for a divorce attorney, but I am not pro divorce. I understand that if there were no divorces I would be “out of a job”, but that still does not mean I have…

Twitchell v. Twitchell – 2022 UT App 49 – child custody and support

April 18, 2022

Divorce Utah

Appeal, Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Judges, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parenting Plan, Physical Custody, Preparing for Divorce, Procedure and Evidence, Sole Custody, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Visitation, Women's Divorce Issues

appeal, calculation, child custody, Child Support, child support obligation, conclusions of law, deviate, district court, divorce decree, Domestic Violence, evidence, findings of fact, income, moral character, neglect, Parent Time, physical abuse, physical custody, statutory minimum schedule, trial court, Utah Code § 30-3-10, Utah Code § 30-3-34, Utah Code § 30-3-35, Utah Code § 30-3-35.5, Utah Code § 78B-12-203, Utah Court of Appeals

Twitchell v. Twitchell – 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First District Court, Logan Department The Honorable Brian G. Cannell No.…

Knowles v. Knowles – UT App 47

Knowles v. Knowles – UT App 47 THE UTAH COURT OF APPEALS DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee. Opinion No. 20200032 Filed April 7, 2022 Second District Court, Farmington Department The Honorable David R. Hamilton No. 174700123 …