Negotiation Archives

Taylor v. Taylor – 2022 UT 35 – Divorce Arbitration

IN THE SUPREME COURT OF THE STATE OF UTAH DAVID JENKINS TAYLOR, Appellant, v. JILL MARIE TAYLOR, Appellee. No. 20191090 Heard: April 13, 2022 Filed August 18, 2022 On Certification from the Court of Appeals Third District, Summit County The…

Why would a court/judge want the opposing parties to settle?

March 8, 2021

Divorce Utah

Divorce Fears, Divorce Law, Divorce Preparedness, Judges, Mediation, Men's Divorce Issues, Negotiation, Women's Divorce Issues

out of court settlement, reaching agreement, settle, settlement

Why would a court/judge want the opposing parties to settle? Because if the parties settle, then the judge does not have to preside over a trial in the parties’ case. Utah Family Law, LC | divorceutah.com | 801-466-9277

Are older lawyers better?

Are older lawyers better? If by “older” you mean lawyers who are not fresh out of law school, the answer is: almost always yes. They don’t teach you how to practice law in law school, they teach you how to…

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…

Some trade-offs are unavoidable

October 16, 2020

Divorce Utah

Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Negotiation, Settlement

problems, solution, solving, trade-offs

From Seth Godin: The magic of trade-offs If you make a laptop more powerful, the battery life will suffer and it will get heavier too. Trade-offs. If you make a plane bigger, it won’t land at every airport, and it…

How can I turn arguments into negotiations and agreement?

April 9, 2020

Divorce Utah

Divorce Fears, Divorce Mistakes, Divorce Preparedness, Mediation, Negotiation, Settlement

Jim Camp, mediation, negotiation, settlement, Start with No

How can I turn arguments into negotiations and agreement? If you could only read and apply one book on the subject, I would recommend “Start with No,” by Jim Camp. Here is the link to buy the printed book on…

How much does a collaborative divorce cost?

February 3, 2020

Divorce Utah

Amicable Divorce, Divorce Mistakes, Divorce Preparedness, Mediation, Negotiation, Settlement

ADR, alternative dispute resolution, collaborative divorce, collaborative law, cooperative, cost, lucrative, Mark Baer, mediation, money, scam, trendy

How much does a collaborative divorce cost? Too much, generally. Odds are that if you attempt to settle your divorce through what is called the “collaborative law” process your experience will be a negative one and/or one that cost you…

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

2019, 2019 UT App 207, best interest, bifurcate, bifurcated decree, children failed to demonstrate substantial change in the circumstances, clear error, custody evaluator, December 19, denied visitation, distinction between stipulated and adjudicated decrees, domestic relations commissioner, emotional, emotional abuse, failed to meet burden to prove change in circumstances, five out of every fourteen, guardian ad litem, in “high conflict” cases burden of demonstrating a change in circumstances is higher than normal, incorrect legal standard decree was stipulated rather than adjudicated, intellectual, joint legal custody, modify divorce decree, moral development, motion to dismiss, no change in circumstances, no separate standard that courts are to apply in high-conflict cases when considering whether a substantial change of circumstances is present in the context of a petition to modify, Opinion No. 20180713-CA, overnights, PEEPLES v. PEEPLES, ping-pong custody awards, presence or absence of a substantial change in circumstances, primary physical custody, protective order, reasonable degree of stability, res judicata, school year, settlement conference, sole custody, sole physical custody, stable employment, stable home environment, summertime, Utah Code Ann. § 30-3-10.4(2)(b), Utah Court of Appeals, violations of decree could be resolved in contempt proceedings, violence

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…

Can you tell the judge to award no alimony if both parties agree and settle?

October 29, 2019

Divorce Utah

Amicable Divorce, Divorce Mistakes, Divorce Preparedness, Men's Divorce Issues, Negotiation, Settlement, Women's Divorce Issues

agreeing, agreement, settlement, settling

Well, you can’t dictate to your judge as to what your judge will do, but if you and your spouse agree that no alimony will be awarded and then tell the judge that that is how you and your spouse…

Why doesn’t family law immediately use collaborative law practices to reach decisions?

Because 1) paradoxically, those for whom the true collaborative law process would work best are those who really don’t need collaborative law; and 2) “collaborative law” as it is practiced (as opposed to how it should be practiced) are not the same thing. Now there’s going…

Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement

June 24, 2019

Divorce Utah

Alimony and Support, Appeal, Court Rules, Division of Marital Property, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Finances, Marital Home, Marital Property, Men's Divorce Issues, Modification of Alimony, Motion Practice, Negotiation, Pension, Personal Property, Petition to Modify Decree of Divorce, Procedure and Evidence, Property Division, QDRO (Qualified Domestic Relations Order), Real Estate/Real Property, Retirement Benefits, Separate Property, Settlement, Spousal Support, Termination of Alimony, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2019, 2019 UT App 106, 401(k), alimony, both parties represented by counsel, court, DEIDRE SUE JANSON, discretion, divorce action, enforceable, extrinsic evidence, Honorable Andrew H. Stone, IRA, Jamie Carpenter Attorney for Appellant, JEFFREY ALAN JANSON, June 20, Kara L. Barton and Ashley Wood Attorneys for Appellee JUDGE MICHELE M. CHRISTIANSEN FORSTER authored this Opinion, marital home, meeting of the minds, motion to set aside a written stipulation, No. 164906327, Opinion No. 20170541-CA, pension, preserve an issue for appeal., purpose of considering extrinsic evidence, QDRO, Salt Lake Department, THE UTAH COURT OF APPEALS, Third District Court, to clarify ambiguous terms in the contract, Woodward formula

2019 UT App 106 – Janson v. Janson – setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed June 20, 2019 Third District Court, Salt Lake Department The…

A real client’s questions about divorce settlement and mediation

Here is a real client’s questions about divorce settlement and mediation. Don’t worry, I’ve removed the names and changed out the details to protect confidentiality. This client asked a lot of questions that frequently come up, so the client’s e-mail…

A Spouse’s Questions about the Divorce Mediation Process

May 14, 2018

Divorce Utah

Attorney Fees, Coping With Divorce, Dirty Tricks, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Mediation, Negotiation, Settlement

Questions: If we go to mediation, can I hire an attorney after to review the documents from mediation before I sign anything? What if I hire an attorney before we meet with a mediator? Do I have to tell the…

Divorce is on the horizon for my parents. What do I do?

April 18, 2018

Divorce Utah

Coping With Divorce, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Men's Divorce Issues, Negotiation, Special Circumstances, Women's Divorce Issues

parents' divorce

Mom is treating Dad so bad that I think a divorce is on the horizon. Nobody is supportive. What do I do as a son? Love and support your parents, both of them. Even if your mother is mistreating your…

February 13, 2018

Divorce Utah

Dirty Tricks, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Mediation, Negotiation

So many divorcing people pin so much hope on mediation and settlement. While a fair negotiated settlement is obviously desirable, negotiation is only as valuable as it is effective. With that in mind, read this and understand better when negotiation…

What is the best way to get the courts to follow the laws already on books and the constitution for custody battles?

January 26, 2018

Divorce Utah

Appeal, Coping With Divorce, Court Rules, Dirty Tricks, Divorce Attorneys, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Hiring a Divorce Lawyer, Negotiation, Preparing for Divorce, Procedure and Evidence, Settlement

What is the best way to get the courts to follow the laws already on the books and the constitution for custody battles? To be frank, in my opinion there is not a lot you can do successfully within the…

5 Things Divorce Will Never Save You From

December 29, 2017

Divorce Utah

Dirty Tricks, Divorce Attorneys, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Finances, Hiring a Divorce Lawyer, Men's Divorce Issues, Mothers' Divorce Issues, Negotiation, Settlement, Women's Divorce Issues

5 Things Divorce Will Never Save You From Make sure you know what you’re doing before you make a decision you can’t undo. Are you feeling frustrated, unsatisfied, and even turned off by your spouse? Your expectations about how things…

Can I sue for the child support I paid after our child started living with me?

QUESTION: Can I sue my child’s mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code § 78B-12-108 provides (in part), that except in cases of…

Are Settlement Negotiations in a Divorce Case Admissible Evidence?

October 19, 2017

Divorce Utah

Divorce Law, Divorce Procedure, Evidence, Men's Divorce Issues, Negotiation, Women's Divorce Issues

Is there a legal remedy where an ex-husband and wife in the middle of a custody battle can speak freely and off the record through their lawyers without fear of what’s said being used against each other? If you are…

Can I Negotiate with My Spouse, If My Spouse Has a Lawyer?

October 13, 2017

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Mediation, Negotiation, Settlement

Is there a legal remedy where an ex-husband and wife in the middle of a custody battle can speak freely and off the record through their lawyers without fear of what’s said being used against each other? If you are…