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Why Your Lawyer Might Drop Your Case By Braxton Mounteer

Divorce Utah
Attorney Fees, Business Interests, Divorce, Divorce Attorneys, Divorce Lawyers, Education, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyers, Legal Assistant, Utah
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So, you have gotten news that your attorney has quit. Your attorney wrote you an email informing you that he or she your counsel either will soon withdraw as your counsel or has filed and served a notice of withdrawal of…
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Would You Say Before Marriage Always Sign a Prenuptial Agreement, or Would You Never Agree to Signing One? Why?

Divorce Utah
Court Rules, Divorce, Divorce Court, Divorce Law, Divorce Procedure, Education, Legal System, Prenuptial Agreements, Utah Code, Utah Court Rules, Utah Law
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My opinions on prenuptial agreements have changed over the course of my career as a divorce and family lawyer over the past 26 years. Had you asked me whether I was an advocate for prenuptial agreements at the beginning of…
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Can a Prenuptial Agreement Be Legally Binding if It’s Signed After the Marriage and Before the Divorce?

Divorce Utah
Court Rules, Divorce, Divorce Law, Divorce Procedure, Education, Legal System, Prenuptial Agreements, Utah Court Rules, Utah Law
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I will answer this question in the context of Utah law because I practice law in Utah. The term “prenuptial agreement” means “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” (See Utah…
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If You Were Married in One State but Now Live in Another State, Which State’s Law Would Apply if You Divorce?

Divorce Utah
Court Rules, Divorce, Divorce Court, Divorce Law, Divorce Procedure, Education, Family Law, Jurisdiction, Legal System, Residency
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Many people wonder whether they must file for divorce in the state (or even the country) where they were married, even if they never resided there or no longer reside in that state or country and have not resided there…
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My Spouse Tells Me She Is Going to File a Motion for Temporary Orders. What Does That Mean?

Divorce Utah
Court Orders, Court Rules, Divorce, Divorce Court, Divorce Law, Divorce Procedure, Education, Family Law, Lawyers, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law
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I’m just at the beginning stages of a divorce case, but already in the thick of it. My spouse tells me she is going to have her lawyer file a motion for temporary orders. What does that mean? Good question.…
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I Am 14 and I Want to Live With My Dad. My Parents Have Shared Custody, but My Mom Wants to Keep Me Her Alone (And She’s Not a Good Person). How Do I Stay With My Father Full Time?

Divorce Utah
Best Interest of the Child, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Court Orders, Custody, Divorce, Divorce Law, Education, Family Law, Parent Time, Physical Custody, Relocation, Sole Custody, Utah, Utah Law
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I will answer this question in the context of Utah law because I am licensed as an attorney and practice divorce and family law in the state of Utah. For the typical child in your situation, i.e., one who wants to…
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The Father of My Child Told Me He Can Unilaterally Give Up His Parental Rights. Can He? He Thinks This Way He Will Get Out of Child Support. Can He Do This?

Divorce Utah
Abandonment and Desertion, Best Interest of the Child, Child Care Costs, Child Custody, Child Support, Child Support Modification, Court Orders, Custody, Divorce, Divorce Court, Divorce Law, Education, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Lawyers, Legal System, Men's Divorce Issues, Noncustodial parents, Parent Time, Parental Rights, Physical Custody, Separation, Sole Custody, Termination of Parental Rights, Utah, Utah Code, Utah Law, Women's Divorce Issues
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There is more than one question to answer here. First, does a parent have the unilateral power simply to “give up” his or her parental rights (and accompanying obligations)? No. The only way to terminate a parent’s parental rights and obligations…
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The Importance of Working With Your Lawyer By Braxton Mounteer

Divorce Utah
Coping With Divorce, Divorce, Divorce Attorneys, Divorce Court, Divorce Mistakes, Divorce Preparedness, Education, Family Law, Lawyers, Legal Assistant
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I have noticed three chronic problems with clients in just the few weeks I have been working as a legal assistant. 1) Most clients seem to have an almost allergic reaction to providing required information to the court and to…
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What does it mean when he tries to avoid a legal fight in court for child custody?

Divorce Utah
Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Court Orders, Divorce, Divorce Court, Divorce Law, Education, Family Law, Joint Legal Custody, Joint Physical Custody, Noncustodial parents, Parent Time, Parental Rights, Utah, Utah Law
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It could mean many things when a parent avoids a legal fight in court for child custody. To identify a few things, it could mean: that the parent does not want custody of the child or doesn’t care to litigate…
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THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. CODY BLAIR MURRAY, Appellant. Opinion

Divorce Utah
Appeal, Court Orders, Divorce, Evidence, Family Law, Findings of Fact and Conclusions of Law, Men's Divorce Issues, Protective Orders, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues
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THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. CODY BLAIR MURRAY, Appellant. Opinion No. 20200890-CA Filed May 18, 2023 Second District Court, Ogden Department The Honorable Joseph M. Bean No. 191902454 Emily Adams, Freyja Johnson, and Cherise Bacalski,…
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As a Joint Legal and Physical Custodial Parent, Can I Legally Prevent the Other Parent From Going on a Vacation (Either Out of State or Out of the Country) With Our Child or Children?

Divorce Utah
Appeal, Best Interest of the Child, Change of Circumstances, Child Custody, Child Protective Order, Children in Divorce, Co-parenting, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Law, Divorce Mistakes, Divorce Procedure, Education, Joint Legal Custody, Joint Physical Custody, Legal Custody, Legal System, Mediation, Modification of Parent-time, Negotiation, Parent Time, Parental Rights, Parenting Plan, Physical Custody, Special Circumstances, Spousal Privilege, Traveling with Children, Utah, Utah Code, Utah Law
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Unless a court were to order that a parent was barred from traveling out of state or out of the country with the children on vacation, a joint legal and custodial parent has an unfettered right to travel with the…
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A Changed Perspective on Justice as a New Legal Assistant By Braxton Mounteer

Divorce Utah
Divorce, Divorce Court, Divorce Law, Divorce Lawyers, Education, Family Law, Legal Assistant, Legal System, Utah, Utah Law
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After working in civil law for a short time (specifically, in divorce and family law), I think that many people have the wrong idea about justice and the court system. When someone is asked to explain justice, they would say…
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Knight v. Knight – 2023 UT App 86 – trusts and alimony

Divorce Utah
Alimony and Support, Discovery, Division of Marital Property, Divorce, Divorce Court, Divorce Law, Divorce Procedure, Family Law, Finances, Marital Estate, Utah Law
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Knight v. Knight – 2023 UT App 86 THE UTAH COURT OF APPEALS JARED M. KNIGHT, Appellee, v. REBECCA B. KNIGHT, Appellant. Opinion No. 20210080-CA Filed August 10, 2023 Third District Court, Salt Lake Department The Honorable Robert P. Faust…
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Why Don’t All Divorced Wives Get Half of Their Husbands’ Property?

Divorce Utah
Alimony and Support, Assets/Debt/Property, Cohabitation, Coping With Divorce, Court Orders, Court Rules, Debts, Divorce, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Procedure, Education, Equitable Interest, Equity, Finances, Lawyers, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Pension, Personal Property, Pets in divorce, Postnuptial Agreements, Premarital property, Prenuptial Agreements, Property Division, Real Estate/Real Property, Relocation, Residency, Separate Property, Separation, Separation Agreements, Settlement, Utah, Utah Code, Utah Court Rules, Utah Law
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Because divorce is not about a spouse (man or woman) getting “half of everything”. Depending upon whether a state is a “community property” state or an “equitable distribution” state, here is how property is divided between spouses in a divorce:…
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The Father of My Child Has Visitation Rights Ordered by Court, Yet He Will Be in a Different State During His Visitation Time, but Wants His Aunt to Take Over. Do I Have to Allow His Aunt Visitation While He’s on Vacation?

Divorce Utah
Abandonment and Desertion, Best Interest of the Child, Child Abuse, Child Care Costs, Child Custody, Co-parenting, Court Orders, Court Rules, Custody, Custody Evaluation, Daycare, Divorce, Divorce Court, Divorce Law, Education, Family Law, Fathers' Divorce Issues, Guardianship, Joint Legal Custody, Joint Physical Custody, Legal System, Men's Divorce Issues, Modification of Parent-time, Noncustodial parents, Parent Time, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Residency, Spousal Privilege, Supervised Parent-time, Supervised Visitation, Traveling with Children, Utah, Utah Code, Utah Court Rules, Utah Law, Visitation
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This is a good question and one that arises frequently in one form or another; a parent either can’t or won’t provide personal care and supervision of the parties’ children his/her scheduled parent-time or custody yet does not want the…
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If a Family Court Judge Orders That a School District Provide Certain Documents and the District Does Not Respond at All, Believing That the Court Has No Jurisdiction, Can the Order Be Enforced, or Is Something Else Going on That I Don’t Understand?

Divorce Utah
Best Interest of the Child, Coping With Divorce, Court Orders, Court Rules, Divorce, Divorce Mistakes, Family Law, Jurisdiction, Utah, Utah Code, Utah Law
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If the court does not have jurisdiction to issue an order to the school district or has issued a defective order, then the school district has every right to oppose the order. If the court has jurisdiction to issue an…
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Court Proceedings from the Perspective of a New Legal Assistant By Braxton Mounteer

Divorce Utah
Court Rules, Divorce, Divorce Attorneys, Divorce Court, Divorce Procedure, Family Law, Lawyers, Legal Assistant, Utah, Utah Court Rules, Utah Law
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I have finished my first week as a legal assistant. In that time, I have been to a few court proceedings. Previous to taking this job as a legal assistant, my only interaction with the court was being summoned for…
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2023 UT App 60 – Martinez v. Sanchez-Garcia – Material and Substantial Change

Divorce Utah
Appeal, Best Interest of the Child, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Divorce, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Physical Custody, Judges, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Sole Custody, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues
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2023 UT App 60 – Martinez v. Sanchez-Garcia THE UTAH COURT OF APPEALS DAISY MARTINEZ Appellant, v. FERNANDO SANCHEZ-GARCIA, Appellee. Opinion No. 20210829-CA Filed June 2, 2023 First District Court, Logan Department The Honorable Brian G. Cannell No. 154100308 Ashley…
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