What Are the Divorce Laws in Utah?
While visiting a lawyer’s website is not a bad place to look for answers to this question, it is not the best. If you want to know the divorce laws for Utah, you will want to read the laws and…
What Are the Divorce Laws in Utah?
This is a good but very broad question. Here, in a nutshell, is a good way to start learning the answer: If you want to know the divorce laws in Utah, you will want to read the laws and the…
Is 50/50 custody likely when the parents live in the same neighborhood?
Best Interest of the Child, Court Rules, Custody, Divorce, Divorce Law, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Justice and Equity, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Fitness, Parental Rights, Parenting Plan, Utah, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues
What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part, “What is the likelihood of reverting to 50-50 custody.” Your…
How do you get pet custody after a breakup?
I cannot speak on what the law is in every jurisdiction, but according to Utah (Utah is where I practice divorce and family law), the answers are: If by “breakup” you mean the breakup of a marriage by divorce: Pets…
What can I do if my ex won’t stop taking me to court?!
My ex has been taking me to court for over 4 years to get my joint custody taken away. Her father worked for the courts for 25 years so she hasn’t had to get a lawyer and it’s obviously harassment…
How do you change the name on a deed after a divorce?
In Utah (where I practice divorce and family law), there is more than one way to transfer title to the marital home (assuming the parties own a home), but the most common and conventional way is the same way title…
Is child marriage legal in the United States?
Of a sort, and depending upon the particular state, yes. In some places children (minor children, those who are by law deemed incapable of consenting to marry) can marry with their parents’ permission, under certain conditions. For example, in Utah…
New Laws Affecting Utah Divorce and Family Law in 2022
Here is a summary of new law affecting divorce and family law that was created by the Utah State Legislature in 2022: HB (House Bill) 122 1st Substitute, entitled “Family Terminology Amendments.” This bill amended language regarding marriage and legitimacy.…
How difficult is it to get a divorce from a spouse who has disappeared?
How difficult is it to get a divorce from a spouse who disappeared +10 years back? No note, no trace, no explanation. If you urgently need to remarry, what processes would one need to prepare for? I can’t speak for…
What is MyCase and why should I care?
MyCase is an online system developed by the Utah State Courts system that you can sign up for free of charge and use in your family law case and certain other kinds of cases, but because this is a divorce…
Can a parent with full custody deny visitation due to unsanitary conditions?
Child Custody, Child Custody Modification, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Divorce Court, Divorce Fears, Divorce Law, Equity, Family Law, Joint Legal Custody, Joint Physical Custody, Justice and Equity, Legal Custody, Modification of Child Custody, Physical Custody, Utah, Utah Code, Utah Court Rules, Utah Law
Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for the jurisdiction where I practice divorce and family law (Utah).…
Is it possible to get court transcripts for custody hearings?
Every jurisdiction is different regarding which court hearings are open to the public and whether recordings of their proceedings are available to the public or even to the parties’ themselves. Every jurisdiction is different regarding how court proceedings are recorded…
Can I gain full custody if I’m bipolar?
Best Interest of the Child, Child Custody, Children in Divorce, Co-parenting, Court Orders, Court Rules, Custody, Divorce, Divorce Court, Divorce Law, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mental Illness, Modification of Child Custody, Mothers' Divorce Issues, Parentage, Parental Fitness, Parental Rights, Paternity, Utah, Utah Code, Utah Court Rules, Utah Law, Women's Divorce Issues
I don’t want anything to do with my child’s father. Can I gain full custody if I’m bipolar? First, thank you for being so candid and blunt. This is a question that everyone on both sides of this issue have…
Fox v. Fox 2022 UT App 88 – alimony
Alimony and Support, Appeal, Assets/Debt/Property, Attorney Fees, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Debts, Discovery, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Procedure, Equity, Evidence, Family Law, Fathers' Divorce Issues, Finances, Findings of Fact and Conclusions of Law, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Estate, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Preparing for Divorce, Procedure and Evidence, Property Division, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues
Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District Court, St. George Department The Honorable Matthew L. Bell No.…
Is there anything that can surprise a judge during a divorce proceeding?
Is there anything that can surprise a judge during a contested divorce proceeding? Of course. We’ve all read about cases where all of the circumstantial evidence indicated the defendant is guilty, only to be surprised in the eleventh hour some…
Can you get a post-judgment interest rate higher than the statutory rate?
Did you know you can request a post-judgment interest rate that is higher than the default statutory rate? It’s true. While the court does not have the discretion to lower, stay, or waive statutory interest rate, it does have discretion…
Do both parties have to sign the paperwork for a divorce to be granted?
Do both parties have to sign divorce paperwork in order for a divorce to be granted? It is possible in many jurisdictions (Utah being one of them; if you are not residing in Utah, you’ll need to consult the laws and court…
How do you prove duress in a divorce?
I will answer your question in the context of Utah law because I practice divorce and family law in the state of Utah. First, here is how duress is defined in Utah: ¶ 23 Under Utah law, duress exists when…
Can I get an annulment instead of a divorce?
Many people call me asking about whether they can get an annulment instead of a divorce. Their reasons are almost always the same: “I would prefer to say that I am not divorced.” Although the stigma of divorce is not…
How easy is it to change your child’s last name?
I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law (Utah): Here are the applicable Utah Code sections: 42-1-1. By…