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We need more consistency in family law, more predictability

January 13, 2021

Men's Divorce Issues, Uncategorized, Women's Divorce Issues

common, continuity, law, reliability

We need more consistency in family law, more predictability. Divorce lawyers who know the law deserve commissioners and judges they can expect to be consistent and predictable. Cases with similar facts too rarely have similar outcomes because there is way too much inconsistency in the application of…

If a parent disappears for five years, what are his/her chances of winning child custody?

December 15, 2020

Abandonment and Desertion, Child Custody, Child Neglect, Children in Divorce, Custody, Uncategorized

abandon, abandonment, child abandonment and child custody, child custody, custody, disappear, disappears, parent

If a parent disappears for five years, what are his/her chances of winning child custody? As long as 1) Dad’s story/situation isn’t worse than Mom’s, and 2) Dad’s not responsible for Mom being out of the picture for 5 years,…

What are ways divorcees reach a mutual agreement when splitting up their assets?

December 9, 2020

agreement, arguments, assets, ationalize, claims, dividing, division, divorce, divorcees, effort, false, fatuous, gift, greed, justify, lopsided, marital property, money more trouble than the property is worth, parents, pettiness, petty, self-defeating, separate property, splitting up, time, want, wasting

What are ways divorcees reach a mutual agreement when splitting up their assets? What they often do (but shouldn’t): rationalize and justify their greed and pettiness in advancing their “arguments”* for why they should get what they want. This results…

My ex allows our children to watch TikTok. Is this grounds for seeking full custody?

December 8, 2020

child, child custody, children, custody, ex, ex-spouse, full custody, grounds, sole legal, sole physical, TikTok

My ex allows our children to watch TikTok. Is this grounds for seeking full custody? I forbade my child from watching TikTok because I worry it lowers IQ. However, my ex-spouse allows them to use it at their house. Is…

I know a friend on TikTok who has abusive parents. How can I report or get him help?

I know a friend on TikTok who has a lot of severe PTSD and trauma due to several incidents, and he also has abusive parents. How can I report him to child support and get help for him? Do you…

How can a mother leave the father of her baby and get full custody, when she does not trust him to look after the baby by himself?

How can a mother leave the father of her baby and get full custody, when she does not trust him to look after the baby by himself? The mother (or any parent in such a situation) would need to prove,…

Can an unmarried parent legally keep the other parent from the children without having gone to court?

November 13, 2020

Child Custody, Children in Divorce, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Uncategorized, Women's Divorce Issues

child custody, court order, father, mother, police, unmarried parent, unmarried parents

Can an unmarried parent legally keep the other parent from the children without having gone to court? Yes. In the absence of a court order to the contrary, it is not illegal for one parent to keep the children from…

The easy mediocre vs. the hard excellence: I hate this restaurant

November 6, 2020

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness, Uncategorized

easy, excellence, hard, hiring a divorce attorney, hiring a divorce lawyer, mediocre, value

Today’s post features Seth Godin’s blog (the link to his blog post is provided below). After you read it, ask yourself whether can you guess why this Seth Godin blog post applies so when it comes to hiring a divorce…

Does marital law really allow change of surnames?

November 2, 2020

husbands, last names, men, surnames, wives, women

Does marital law really allow change of surnames? Can a couple be legally married without change of last names? While in the U.S.A. traditionally women would (and many still do) change their surnames (last names) to that of their husbands,…

New COVID Eviction Declaration form

October 29, 2020

eviction, forcible entry and detainer, landlord, lessee, lessor, rent, tenant

On October 2, 2020, the Utah Supreme Court and Utah Judicial Council issued an updated Administrative Order. The Order included the following change: In Forcible Entry and Detainer cases, requires plaintiffs to submit a declaration indicating compliance with COVID relief laws either…

What quality about lawyers do you like the least?

October 8, 2020

What quality about lawyers do you like the least? I am a lawyer and I deeply dislike most lawyers, especially divorce lawyers (of which I am one). Why? I find most (most, not all) divorce lawyers to be: dishonest venal…

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

“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 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

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

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

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 Fears, Divorce Preparedness, Uncategorized, 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

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…

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