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Infidelity

Home Infidelity

Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court decides matters of alimony, property division, and child custody. I…

Judge says stay away from my paramour. Can judge do that?

Judge says stay away from my paramour. Can judge do that? I became pregnant by my paramour after my husband and I separated. The court order states we are not to have paramours around our child. Will the judge take…

Would you tell someone that his/her spouse is cheating?

Would you tell someone that his/her spouse is cheating? First, I need to make clear that my answer is in my capacity as just a member of the public. If a client of mine (I am a divorce attorney) was…

What happens after an affair when you have kids?

What happens after an affair when you have kids? I will answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you have had…

What happens after an affair when you have kids?

What happens after an affair when you have kids? I’ll answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you’ve had an extramarital…

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…

Should people be allowed to file “alienation of affections” law suits?

October 15, 2019

Adultery, Infidelity

affections, alienated, alienation of affections, comfort, consortium, defendant, family law, intentionally, malice, plaintiff, punitive damages, society, spouse, Utah, wilfully

Allowed to? Yes. I believe that if one can prove that an otherwise happy marriage was destroyed by a homewrecker, one should have a legal cause of action for alienation of affection. But I am in the minority. And indeed,…

Is it illegal to video record people in your home without their knowledge?

October 2, 2019

Dirty Tricks, Discovery, Divorce Fears, Divorce Preparedness, Infidelity, Spousal Spying, Utah Code, Utah Law

crime, hidden camera, house, misdemeanor, secret, surveillance, Utah code, Utah Code § 76-9-401, Utah Code § 76-9-402, video

Not absolutely, but it can be illegal to video record someone in your home without his/her knowledge. Here is the answer for my jurisdiction (Utah): Utah Code § 76-9-401. Definitions. For purposes of this part: (1) “Private place” means a…

Do most marriages end in divorce because of infidelity or money issues?

July 23, 2019

Adultery, Divorce Prevention/Marriage Preservation, Infidelity

adultery, commitment, finances, financial strain, infidelity, money, poor, too much money

I think infidelity, IF you define infidelity broadly, meaning not simply adultery but a general lack of commitment to one another. Lack of devotion, care, and consideration for your spouse leads to indifference, then apathy, and eventually, contempt. Finances can…

Hypothetically speaking, would you divorce over adultery, if you have kids?

July 5, 2019

Adultery, Children in Divorce, Divorce Prevention/Marriage Preservation, Fathers' Divorce Issues, Infidelity, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

cause, children, divorce, fault, forgive, forgiveness, repentant, unrepentant

Not simply because of an affair, no. It is certainly understandable if one desires to divorce a spouse who has committed adultery. The law understands this as well, which is why adultery is grounds for divorce in every state in…

If my spouse cheats, and we divorce will I get custody of my children?

May 1, 2019

Adultery, Child Custody, Children in Divorce, Divorce Mistakes, Fathers' Divorce Issues, Infidelity, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

adultery, child custody, infidelity

In response to the question, “If my spouse cheats, and we divorce, will I get custody of the children because of my spouse’s infidelity?,” the answer is unequivocally “no.” No state in the United States awards custody to the cheated-on…

Is having an affair a misdemeanor or a felony in Utah?

March 22, 2019

Adultery, Divorce Law, Infidelity

adultery, crime, felony, Idaho, infidelity, Massachusetts, Michigan, misdemeanor, Oklahoma, Utah, Wisconsin

In the jurisdiction where I practice (Utah), the law is: Utah 76-7-103. Adultery. (1) A married person commits adultery when he voluntarily has sexual intercourse with a person other than his spouse. (2) Adultery is a class B misdemeanor. There…

A list of common, but very good, Utah divorce questions (with answers)

ERIC, MY HUSBAND AND I HAVE BEEN MARRIED FOR 20+ YEARS. WE HAVE 4 CHILDREN TOGETHER 3 OF WHOM ARE STILL MINOR CHILDREN. I WAS WONDERING IF YOU MIGHT BE WILLING TO ANSWER A FEW QUESTIONS FOR ME (IN ALL…

What is the divorce rate for professional firefighters?

September 29, 2018

Adultery, Infidelity

What is the divorce rate for professional firefighters? High. They have a lot of spare time, and idle hands are the devil’s workshop. Lots of infidelity among firefighters. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-is-the-divorce-rate-for-professional-firefighters/answer/Eric-Johnson-311

Can a wife expect a property to be split equally if she cheated?

May 30, 2018

Adultery, Alimony and Support, Assets/Debt/Property, Division of Marital Property, Divorce Law, Divorce Preparedness, Infidelity, Marital Property, Men's Divorce Issues, Women's Divorce Issues

adultery, alimony, division, infidelity, marital property, property

Can a wife expect a property to be split between partners if she cheated on her partner in the US (assuming no contract has been signed)? Yes. People who are not divorce lawyers think that courts really hate and really…

Christensen v. Christensen – 2017 UT App 120 – July 20, 2017

August 2, 2017

Alimony and Support, Child Support, Children in Divorce, Cohabitation, Divorce Court, Divorce Law, Divorce Procedure, Evidence, Infidelity, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

Christensen v. Christensen – 2017 UT App 120 – July 20, 2017 THE UTAH COURT OF APPEALS ELENA KAY CHRISTENSEN, Appellee, v. BRENT CHRISTENSEN, Appellant. Opinion No. 20150994-CA Filed July 20, 2017 Second District Court, Ogden Department The Honorable Ernest…

If my spouse is cheating on me, will I get full custody of our children?

July 20, 2017

Adultery, Alimony and Support, Child Custody, Child Support, Infidelity

If I have evidence of my spouse cheating on me, how likely am I to get full custody of my children? Most divorce/custody cases are complicated and rarely are decided on one issue alone. The short answer to your question…

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