change Archives

Does it take time to move on after a midlife divorce?

July 28, 2022

Coping With Divorce, Divorce, Divorce Fears, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

change, continuing, coping, hard divorce, life after divorce, long marriage, misery, move on, necessity

For most people, generally yes. However one may define “move on,” the longer one is married (especially when the couple has lived together for the duration of the marriage and has had children), a divorce is a major upheaval in…

What are the significant changes to family law in the past two centuries?

What are the most important changes to the family law in the 19th century and 20th century up to today, and why? In my opinion (and in no particular order): No-fault divorce Abolition of the doctrine of coverture (femme couvert) …

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…

Law from a legal assistant’s point of view, week 23: Injustice

December 21, 2021

Divorce Utah

Judges, Justice and Equity, Lawyers, Legal Assistant, Legal System

attorney, change, court, equity, injustice, justice, law, lawyer, personal responsibility, rule of law, truth

By Quinton Lister, legal assistant My blog post from this last week has got me thinking about the idea of injustice. So many issues in life are unfair. Even in a democratic republic like the United States of America, there has…

Law from a legal assistant’s point of view, week 16: Self-awareness

November 2, 2021

Divorce Utah

Fathers' Divorce Issues, Lawyers, Legal Assistant, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

change, divorce, divorce law, law, legal assistant, legal system, mindfulness, self-awareness

By Quinton Lister, legal assistant This new experience working in the legal field has been full of unexpected lessons. One is that it really does help to be self-aware. What I mean by that is that so often the things we…

Can I file for divorce and spousal support after being separated from my husband for 5 years?

This is an interesting question because if you have been financially independent of your spouse during your five year separation that implies that you don’t need financial support from your spouse. Contrastingly, if for the past five years you have…

Child refuses to leave noncustodial parent’s house. What happens now?

May 14, 2021

Divorce Utah

Abuse, Addiction, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Petition to Modify Decree of Divorce, Physical Custody, Sole Custody, Women's Divorce Issues

abusing, abusive, addressed, avoid child support, best interest of the child, change, child custody, child’s desires, children, claim, comply, court, court orders, courts, custodial parent, custody order, de facto, de jure, disobey, divorce law, family law, father, independently verifiable proof, legal, legislature, legitimate concern, limitations, live, Modification, modify, modifying, moral, neglectful, neglecting, noncustodial parent., obligation, parent, Parent Time, persuasion imposing, petition, petitioning, physical custody, powerless, punishments, resolved, restrictions, second-class parent, talk, uphill battle 14 years, victimized, violate, visitation, young

I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will answer this question in the context of my experience as…

An Honest Day’s Wages for an Honest Day’s Pay

December 22, 2020

Divorce Utah

Attorney Fees, Lawyer Fees

attorney fees, bad business, billing rates, change, charge, client, lawyer fees, market will bear, morally wrong, nuance, professionals, questioning, raise rates, repent, spin, true value, value, willing to bear, worth

An Honest Day’s Wages for an Honest Day’s Pay Many professionals are encouraged to raise rates to the level that clients are willing to bear (and told this is the right thing to do), rather than charging what makes the…

Can I refuse visitation when a non-custodial parent refuses to take a child to school?

August 26, 2020

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce, Custody, Modification of Child Custody

change, child custody, fail, modify, non-custodial, noncustodial, Parent Time, refuse, refuse visitation, school, withhold visitation

Can I refuse visitation when a non-custodial parent refuses to take a child to school? In the jurisdiction where I practice divorce and family law (Utah), the answer is: Unless you have a court order that allows you to refuse…

How can we change the court system in order to make divorces easier on the children?

How can we change the court system in order to make divorces easier on the children? In my opinion: Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce cases more litigant focused and tailored to meeting their needs…

Should I be nice to my spouse during a divorce?

That depends on what you mean by “nice”. Do you mean “with kindness”? Not necessarily kindness, but certainly decency. You are morally obligated to treat your spouse with decency, but you don’t have to go out of your way to…

What is the safest way to break up with an abusive partner?

April 10, 2019

Divorce Utah

Abuse, Divorce Fears, Divorce Preparedness, Domestic Violence, Men's Divorce Issues, Mental Illness, Women's Divorce Issues

abusive partner, abusive spouse, break up, change, legal system, police, preparation, protection, safety, spousal abuse

What is the safest way to break up with an abusive partner? I heard many horror stories and afraid I might be next. While there is no one “proper” way to break up with an What is the safest way…

What can we do about the laws that are outdated about taking custody of a child?

August 23, 2018

Divorce Utah

Child Custody, Children in Divorce, Divorce Law

change, divorce law, experts, legislation, reform, Utah

What can we do about the laws that are outdated about taking custody of a child? In a clear and concise manner write to A) your state legislators, and B) the judges in your state explaining what law(s) you want…

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