Uncategorized Archives - Divorce Utah

Are your in-laws still your in-laws if your spouse passes away?

September 28, 2020

death of spouse, in-laws, relationship, survive

Are your in-laws still your in-laws if your spouse passes away? One’s marriage does not bestow any kind of secular/civil legal relationship or status of any kind upon the family members of one’s spouse. One’s status as an “in-law” is…

Lawyers who tell you what you want to hear are lawyers to avoid

September 25, 2020

Divorce Utah

Uncategorized

“When you want to help people, you tell them the truth. When you want to help yourself, you tell them what they want to hear.” ― Thomas Sowell

Divorce litigation in a nutshell

September 12, 2020

Divorce Utah

Uncategorized

Divorce litigation in a nutshell: Let me get this straight; I caught you lying, you denied it, I proved beyond any doubt, and now you are mad at me? ————– Utah Family Law, LC | divorceutah.com | 801-466-9277

Why aren’t lawyers required to be sworn under oath in a court of law?

August 10, 2020

Divorce Utah

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attorneys, lawyers, swear, sworn, testify, witness

Why aren’t lawyers required to be sworn under oath in a court of law? Because the lawyers aren’t testifying. The only people who are sworn to tell the truth are witnesses who give testimony in court, not the lawyers presenting…

A “good” divorce lawyer isn’t much good if you can’t afford him/her.

August 1, 2020

Divorce Utah

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A “good” divorce lawyer isn’t much good if you can’t afford him/her. Sometimes, but rarely, does it make sense to hire a divorce lawyer who does an excellent job with the legal work but who bankrupts you as a result.…

What is the quality difference between a free lawyer (state supplied) and a lawyer you pay for?

July 28, 2020

Divorce Utah

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What is the quality difference between a free lawyer (state supplied) and a lawyer you pay for? A free lawyer and legal services are, in most circumstances, better than no lawyer at all, but there is a limit to these…

State v. Norton – 2020 UT 46 – Utah Supreme Court

July 18, 2020

Divorce Utah

Divorce Fears, Divorce Preparedness, Uncategorized, Utah Court of Appeals, Utah Law, Utah Supreme Court Decisions, Women's Divorce Issues

husband, Rape, Utah Supreme Court, wife

https://www.utcourts.gov/opinions/supopin/State%20v.%20Norton20200713_20180514_46.pdf This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 46 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Respondent, v. LONNIE NORTON, Petitioner. No. 20180514 Heard May 13, 2019…

Can I sell or trade in the family car while divorce proceedings are pending?

Can I sell or trade in the family car while divorce proceedings are pending? How would a spouse in process of divorce go about trading her van that is in both spouses name, if the other spouse is uncooperative? Would…

Father’s Day

June 18, 2020

Divorce Utah

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I hope yours is a happy Father’s Day. For many of you, it won’t be, it hasn’t been for years, and it’s a shame. First, know that I know there are mothers out there whose ex-husbands have destroyed or irreparably…

What will it take for America to finally say “no more guns”?

June 15, 2020

Divorce Utah

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What will it take for America to finally say “no more guns”? When every single American believes (falsely) that guns are not necessary for any purpose whatsoever. And since there will always be a need for guns in this imperfect…

Can a mother keeping the children from the father work against in custody litigation?

Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living in the home as well impact the decision for joint…

Alternative Dispute Resolution in Domestic Relations

June 10, 2020

Divorce Utah

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Alternative Dispute Resolution in Domestic Relations Submitted by Eric K. Johnson Alternative Dispute Resolution in Domestic Relations Let’s Learn Some Useful Statutes and Rules See Utah Code § 30-3-39. Mediation program. (1) There is established a mandatory domestic mediation program…

What actions can a lawyer take if he or she feels a judge is bullying him and violating the law?

May 27, 2020

Divorce Utah

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What actions can a lawyer take if he or she feels a judge is bullying him and violating the law? Here are the rules for my jurisdiction (Utah) that governs the disqualification of a judge: Rule 63A. Change of judge…

My married daughter won’t move her stuff out. What can I do?

May 21, 2020

Divorce Utah

Uncategorized, Women's Divorce Issues

What should you do when your married daughter won’t move her belongings out of her old room in your house and won’t let you move her stuff either? First, you need to understand that unless you contracted with your adult…

If I start crying in court, will that help my case?

May 13, 2020

Divorce Utah

Uncategorized

credible, crying, exploit, gamble, help, hurt, incredible, jaded, lying, manipulate, not credible, sincerity, suckers

If I start crying in court, will that help my case? This is a good question. An old and frequently asked question, but still a good question. The answer is: maybe, but I wouldn’t risk it. Why? Four reasons: 1)…

What did someone do while speaking to a judge that made you say “You gotta be kidding me”?

May 6, 2020

Divorce Utah

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What did someone do while speaking to a judge that made you say “You gotta be kidding me”? “Your Honor, I ask that you look beyond the evidence . . .” Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-did-someone-do-while-speaking-to-a-judge-that-made-you-say-You-gotta-be-kidding-me/answer/Eric-Johnson-311

Are state family court supervisors any good? Why or why not?

May 1, 2020

Divorce Utah

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family court supervisor, parent-coordinator, parent-time coordinator, special master

Like a special master or parent time coordinator? That kind of supervisor? Generally speaking, in my experience and opinion, while they appear to be a good idea in concept, in practice they are not. I’ve never had a good experience…

Do you agree with the decision to temporarily take custody from an ER doctor’s child due to potential exposure to COVID-19?

April 21, 2020

Divorce Utah

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child, coronavirus, COVID-19, custody, doctor, expose, exposure, hospital, judge, risk

Do you think it’s fair that a judge temporarily stripped Dr. Theresa Greene, of North Miami, of custody of her 4-year-old daughter because the doctor works with COVID-19 patients? Do you agree or disagree with the decision of Circuit Court…

Do you think coronavirus and the quarantine will increase divorces?

April 10, 2020

Divorce Utah

Uncategorized

coronavirus, COVID-19, divorce, increase

Today’s question is: Do you think coronavirus and the quarantine will trigger an increase in divorces? Answer: Without question. There are obviously some legitimate reasons to curtail or even totally suspend parent-time if a parent or child is sick with…

Do too many people have unrealistic expectations of what a marriage should be? Is this part of the reason why the divorce rate keeps increasing?

March 13, 2020

Divorce Utah

Uncategorized

divorce rate, high divorce rate, unrealistic expectations

Do too many people have unrealistic expectations of what a marriage should be? Is this part of the reason why the divorce rate keeps increasing? Yes and yes. https://www.quora.com/Do-too-many-people-have-unrealistic-expectations-of-what-a-marriage-should-be-Is-this-part-of-the-reason-why-the-divorce-rate-keeps-increasing/answer/Eric-Johnson-311