Divorce Procedure Archives

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

divorce attorneys, divorce lawyers, miserable

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…

Have any tips for representing yourself in family court?

May 29, 2020

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Pro se (representing yourself)

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Have any tips for representing yourself in family court? Do you have a success story as a pro se litigant? First, my answer comes from the perspective of a divorce lawyer. Consider the source as you read my answer, sure,…

Should we award custody to the parent who is a lower risk for COVID-19?

Should we award custody to the parent who is a lower risk for COVID-19? Is it reasonable to give custody to the parent who is a lower health risk to the child during the Chinese coronavirus pandemic? It is reasonable…

2020 UT App 34 – Petrzelka v. Goodwin – alimony, income, retirement funds

2020 UT App 34 THE UTAH COURT OF APPEALS PEGGY PETRZELKA, Appellee, v. JAMES E. GOODWIN, Appellant. Opinion No. 20180923-CA Filed March 5, 2020 First District Court, Logan Department The Honorable Thomas Willmore No. 164100050 Ashley E. Bown, Attorney for…

Must I engage in all-day divorce mediation or some other time period?

Must I engage in all-day mediation in my divorce action, or for some other specific time period? No, there is no mandatory minimum period of time you must spend in mediation. You don’t have to stay in all-day mediation or…

What happens if you get caught lying in family court?

I’ve been a divorce and family law attorney for 23 years and gone back and forth over the years on my opinion of how the courts feel about and how they treat lying. At this point in my career, I…

2019 UT App 207 – Peeples v. Peeples – modification of child custody

January 7, 2020

Divorce Utah

Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Custody Modification, Children in Divorce, Co-parenting, Contempt of Court, Coping With Divorce, Custody, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Expert Witnesses, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, GAL (Guardian ad Litem), Joint Legal Custody, Mediation, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Negotiation, Parenting Plan, Physical Custody, Procedure and Evidence, Protective Orders, Restraining Orders, Sole Custody, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

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2019 UT App 207 – THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt Lake Department The Honorable Andrew H. Stone No. 044901980 Brian…

Is it OK to fill out divorce documents by hand in ink, or must they be typed?

January 3, 2020

Divorce Utah

Court Rules, Divorce Court, Divorce Law, Divorce Preparedness, Divorce Procedure, Men's Divorce Issues, Utah Law, Women's Divorce Issues

It depends upon the court rules of the jurisdiction in which you would be filing your divorce documents are to be filed. In Utah, where I practice divorce and family law, there is no rule barring the filing of documents…