Utah Archives

How Do I Handle a Narcissist Ex-husband in the Visitation of Children if I Have the Primary Custody? He Is Very Manipulative to Our Kids.

February 28, 2023

Alienation of Affection, Joint Legal Custody, Joint Physical Custody, Legal Assistant, Modification of Child Custody, Parental Alienation, Utah

joint custody, parental alienation, Utah Divorce Court

I generally wouldn’t recommend trying to get the assistance of the court to remedy this problem. The legal system is not designed to address this problem well, if at all. And even when it can do something worthwhile, the legal…

Flat Fee Billing Questions

February 27, 2023

Divorce Utah

Attorney Fees, Divorce Attorneys, Divorce Costs, Divorce Lawyers, Divorce Preparedness, Finances, Lawyer Fees, Lawyers, Utah

attorney fees, billing rates, flat fee

I am frequently asked questions about my flat fee billing. I bill on a weekly flat fee basis. Usually $500 per week, although the weekly fee can be higher if the case is a an unusually challenging or demanding one.…

When the Spouse Who Moved Out Does Not Get His Stuff by the Deadline of the Final Divorce Agreement, Can the Other Spouse Who Bought Out Marital Home Keep It or Sell It?

February 23, 2023

Divorce Utah

Court Rules, Property Division, Uncategorized, Utah, Utah Code, Utah Law

abandoned property, bailment, conversion

Great question, and one that arises often in divorce. If the decree of divorce provides for what happens to unclaimed/unpossessed property, you would rely on the court’s orders as articulated in the decree. Rarely does this happen, but read your…

Is There a Way to Get Legal Action on Child Support for Free?

February 16, 2023

Divorce Utah

Attorney Fees, Child Care Costs, Child Support, Child Support Calculation, Divorce Costs, Lawyer Fees, Utah, Utah Code

Child Support, free legal services, inexpensive legal services

Free or inexpensively? Yes, there are ways. Each jurisdiction has different ways of providing these free and/or inexpensive legal services. With rare, if any, exception, these free and/or inexpensive legal services are limited to those who are poor, those who…

What Steps Can You Take To Get a Reform on Child Support Law?

January 13, 2023

Divorce Utah

Child Support, Utah, Utah Law

child support laws, law reform

This is controversy that’s been raging for decades, but we could be at a tipping point soon. The question is what will it take to reach it? Having money always helps. Getting the sympathetic ears of your local legislators is…

See Clearly to Succeed in Divorce

December 26, 2022

Divorce Utah

Divorce, Divorce Law, Utah, Utah Law

divorce, Utah divorce

Click here to see what a flower looks like to a human eye and to see what the same flower looks like to a honeybee’s eyes. How you perceive the divorce process and how judges and lawyers perceive it are…

Is 50/50 custody likely when the parents live in the same neighborhood?

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…

Do I have to pay the court to go to trial?

Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this wasn’t widely known: In Utah, do I have to pay…

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…

How long do you pay alimony in Utah?

The law governing the duration of alimony is pretty simple and straightforward: See Utah Code § 30-3-5, subsections (1)(c) and (11)(e): (1) As used in this section: ***** (c) “Length of the marriage” means, for purposes of alimony, the number…

How long do you pay alimony in Utah?

October 7, 2022

Divorce Utah

Alimony and Support, Utah, Utah Code

alimony, Alimony and Support, Utah Code § 30-3-5

In Utah, the law governing the duration of alimony is pretty simple and straightforward: See Utah Code § 30-3-5, subsections (1)(c) and (11)(e), which provides: (1) As used in this section: ***** (c) “Length of the marriage” means, for purposes…

When are my ex’s things deemed abandoned?

I was awarded the house in the divorce. My ex’s things are still here and he/she won’t pick them up. When are they deemed abandoned? Utah Code § 67-4a-201 provides, in pertinent part that property is presumed abandoned if the…

Is child marriage legal in the United States?

September 20, 2022

Divorce Utah

Court Orders, Court Rules, Family Law, Utah, Utah Code, Utah Court Rules, Utah Law

adults, child marriage, children, family law, law, marriage, state law, united states, Utah law

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

September 15, 2022

Divorce Utah

Divorce Law, Family Law, Utah, Utah Code, Utah Court Rules, Utah Law

2022 Utah legislative session, Child Support, divorce law, domestic relations cases, family law, Parent Time, protective orders, Utah, Utah law, Utah Legislature

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 are the primary parenting issues of concern by the court?

What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections of the Utah Code when making a legal and physical…

What can you do if your ex-husband does not want to pay school fees?

What can you do if your husband does not want to pay school fees for his children when you are divorced? First, it is not necessarily a given that a divorced parent must pay for a child’s school fees. I…

What is MyCase and why should I care?

September 5, 2022

Divorce Utah

Divorce Law, Family Law, Jurisdiction, Justice and Equity, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

Divorce Court, domestic relations, family law, family law case, MyCase, self-service, software, system, Utah, Utah law

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…