Education Archives

What advice would you give to someone who has just started a divorce?

What advice would you give to someone who has just become one of the parties in a divorce proceeding? #1. Know this: divorce law and the divorce process are almost surely not what you think they are. They are scarier,…

Do you have any experience on how to challenge a void judgment in a family court?

October 12, 2022

Divorce Utah

Divorce, Divorce Procedure, Education, Evidence, Family Law

excusable neglect, family court, fraus, Grant relief, inadvertences, mistakes, newly discovered evidence, Rule 60(b), Void Judgement

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)…

When do courts value the marital estate?

When do courts value the marital estate? At time of separation, or at the time the court enters the Decree of Divorce? This is a question that often causes divorcing people’s heart to sink. I’ll tell you why, but first,…

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…

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

change of custody, criteria, custody, elements, factors, lose custody, loss of custody, modification of custody, modify custody, mother, Utah child custody, Utah Code §30-3-10, Utah Code §30-3-10.2

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…

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

180 days, answer, complaint, counterclaim, decree of divorce, discovery, divorce case, divorce education course, divorce orientation course, divorce timeline, expensive, fight, financial declaration, initial disclosures, longer, mediation, petition, petitioner, process, respondent, step by step, summary, summons, temporary orders, timeline, trial

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…

Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

2018 UT App 238 THE UTAH COURT OF APPEALS DANIELLE MARIE HARTVIGSEN, Appellant, v. RICHARD MYERS HARTVIGSEN, Appellee. Opinion No. 20160069-CA Filed December 28, 2018 Fourth District Court, Provo Department The Honorable Lynn W. Davis No. 064402132 Danielle Marie Hartvigsen,…

If my ex makes the kids late for school, am I responsible?

March 28, 2018

Divorce Utah

Best Interest of the Child, Child Abuse, Child Custody, Education, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

non-compliance, noncompliance, Parent Time, school, truancy, visitation

What happens if a non-custodial parent habitually brings a son back days late from a visitation, resulting in unexcused absences from school (kindergarten)? Am I responsible for the truancy? The school district/truancy officer can’t offer any advice. What happens (present…

Child Custody and Where the Children Attend School

March 27, 2018

Divorce Utah

Best Interest of the Child, Child Custody, Children in Divorce, Coping With Divorce, Custody, Dirty Tricks, Divorce Mistakes, Divorce Preparedness, Education, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Physical Custody, Women's Divorce Issues

How is the school that a child will be attending decided if the parents are separated and live in two different school zones? Real-world, gritty answer that you may not like, but nevertheless already knew: whichever parent persuades the judge…