Uncategorized Archives - Divorce Utah

How can I encourage my child to follow law and legal issues of everyday life?

September 13, 2019

children, example, law, morality, obey, teach

Set an example of being a conscientious law-abiding citizen yourself. “Do as I say, not as I do” is not the way to set a good example. Read “Sermons We See” for a beautiful statement of this principle. Teach your…

New Mexico Supreme Court Abolishes Spousal Communications Privilege

September 6, 2019

Divorce Utah

Uncategorized

abolished, inter-spousal communications, New Mexico, spousal communications, spousal communications privilege, spousal privilege

Seeing no modern justification for the spousal communications privilege, the New Mexico Supreme Court has abolished it in an August 30, 2019 opinion. Spousal communication privilege ‘has outlived its useful life,’ state supreme court says ABA Journal By Debra Cassens…

Which is the best website to learn law?

August 26, 2019

Divorce Utah

Divorce Preparedness, Uncategorized

law, learn, learning, websites

Impossible to say. Just as soon as a great site goes up, another great site seems to go dark. The best way to find what the best websites for you to learn law are to go online and explore those…

Gardner v. Gardner – 2019 UT 28 – alimony – infidelity – tax burden

This opinion is subject to revision before final publication in the Pacific Reporter Gardner v. Gardner – 2019 UT 28 IN THE SUPREME COURT OF THE STATE OF UTAH CHRISTINA L. GARDNER, Appellant, v. NELSON D. GARDNER, Appellee. No. 20170598…

How many years is it likely to be before father’s rights are recognized as equal to mother’s rights in child custody cases?

July 3, 2019

Divorce Utah

Child Custody, Co-parenting, Custody, Divorce Fears, Divorce Law, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Uncategorized

Not many. In fact, in many jurisdictions this has already occurred (many states have, in the past few years, passed laws that presume joint equal custody is in the child’s best interest).[1] In other jurisdictions it’s just around the corner.…

Can you re-file for custody after a judgment has been made?

July 1, 2019

Divorce Utah

Child Custody, Child Custody Modification, Uncategorized

Can you re-file for custody after a judgment has been made? Yes. In the context of a divorce or child custody action (not a termination of parental rights case), the answer is yes, at least in Utah (where I practice…

Are you glad you chose a career in law?

June 6, 2019

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Uncategorized

being a lawyer, the future of law, the future of lawyers

Yes. But if you’re considering a career in law and you’re a young person, I wouldn’t rely on the experience of lawyers a generation ahead of you to determine whether law holds a bright future for you. What used to…

What is the most likely experience for kids who age out of the foster care system?

April 17, 2019

Divorce Utah

Uncategorized

age out, experience, foster care, foster care system?

Funny you should ask, as I just finished up a conference at which a retired judge and family advocate spoke on this very subject. The statistics are tragic. Those that had the greatest impact on me: children raised in foster…

Why Are Criminals Stigmatized After They Do Their Time?

April 11, 2019

Divorce Utah

Uncategorized, Utah Law

convict, crime, ex-con, paid debt to society, served sentence, stigma

When someone serves his/her sentence to do time, and completes it, why is it still not be enough to have paid their ‘debt to society’? Why must they bear the stigma of a criminal long after they paid their debt?…

How is a therapist going to fix my depression?

April 6, 2019

Divorce Utah

Uncategorized

depressed, depression, therapist, therapy

My depression has kept me in bed for years. I spend 80% of my day chasing sleep. People tell me to get help. But how is a therapist going to fix this? It’s treatment people are telling you to seek.…

What was your favorite case, and how did it go down?

March 20, 2019

Divorce Utah

Uncategorized

As an attorney, what was your favorite case, and how did it go down? Winning the argument over whether the children of a divorcing couple should bear their father’s last name, after the husband refused to believe he was the…

What is the most ridiculous thing you and your spouse fight about?

March 19, 2019

Divorce Utah

Uncategorized

Whether food is bad enough to throw out. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-is-the-most-ridiculous-thing-you-and-your-spouse-fight-about/answer/Eric-Johnson-311

Why do some lawyers settle for a plea bargain when they know their client is innocent?

December 25, 2018

Divorce Utah

Uncategorized

guilt, guilty, innocence, innocent, not guilty, plea bargain, plea deal

Many different reasons, but here’s a good example of one reason: because there are times when being innocent may not result in the jury believing you are, in fact, innocent. I had a client (some details of the story are…

If my spouse died without assigning me the survivor’s benefits, can I still get them?

November 13, 2018

Divorce Utah

Uncategorized

If a husband died naming his wife as the one to receive the survivor’s benefits, then how can a wife get a pension? First, do you know if you aren’t already the default recipient of survivor’s benefits merely because you…

Widdison v. Kirkham – 2018 UT App 205 – contempt, attorney’s fees

November 6, 2018

Divorce Utah

Attorney Fees, Divorce Law, Divorce Lawyers, Divorce Mistakes, Uncategorized

2018 UT App 205. contempt, attorney's fees, Widdison v. Kirkham

2018 UT App 205 THE UTAH COURT OF APPEALS JAMIE WIDDISON, Appellee, v. JANAE A. KIRKHAM, Appellant. Opinion No. 20160961-CA Filed November 1, 2018 Third District Court, Salt Lake Department The Honorable Paige Petersen No. 034903241 Larry A. Kirkham, Attorney…

What’s the Funniest Court Case You’ve Seen?

October 30, 2018

Divorce Utah

Evidence, Uncategorized

Here are my top 3: #1) My client was charged with drug possession after a police officer found them in a hard carton cigarette pack (one made out of cardboard) because when he picked it up and shook it, “sounded…

What are the oddest divorce cases you’ve seen?

August 21, 2018

Divorce Utah

Uncategorized

What are the oddest divorce cases you’ve seen? I haven’t encountered anything all that odd, but the most tragicomic case I encountered was one I encountered in my first year as a lawyer: I was involved in a settlement conference…

Using Smart Home Devices to Stalk and Harass

July 4, 2018

Divorce Utah

Abuse, Protective Orders, Stalking, Uncategorized

harassment, phone, protective orders, smart device, smart home, smart phone, stalking, telephone, utilities

Lawyers consider restraining orders to stop abusers from using smart home devices to harass – but you can protect yourself Some domestic abusers are using smart home devices to intimidate, harass, watch and listen to their victims. Lawyers are grappling…

What is the hardest part about a divorce?

May 31, 2018

Divorce Utah

Uncategorized

divorce, hard, hardest part of divorce, legal, psychological

What is the hardest part about a divorce? We’re all different, and divorce affects each of us in different ways, but generally speaking: Legal Standpoint If you’re the one wanting a divorce, the hardest part is usually: how miserable the…

Does Utah recognize common law marriage? What is common law marriage anyway?

May 25, 2018

Divorce Utah

Uncategorized

common law marriage

Does Utah recognize common law marriage? Utah law does provide for recognition of a marriage that was not solemnized (i.e., not made legal by a formal, legal marriage ceremony), but only if the couple meets all of the legal qualifications…