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Tag: court

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How is a narcissist exposed in a court of law?

August 9, 2022

Court Orders, Court Rules, Divorce, Divorce Court, Divorce Law, Mental Illness, Personality Disorders

BPD, court, court of law, Divorce Court, mental health concerns, narcissist, NPD, personality disorders, rules

You’re not asking the best question. First, understand that many divorcing people see their spouses as “narcissistic” because at the time of divorce they tend to see the worst in everything about their spouses. Little personality quirks and foibles of…

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…

Would the divorce rate drop if the parties had to see a psychologist first?

What do you think would be the rate of divorce in marriages if psychologists were to be consulted in court by couples before proceeding to see the lawyer for divorce? Your intentions are good, your proposal won’t work. Short answer:…

Is staying with parents during pregnancy grounds for filing for divorce?

July 14, 2022

Divorce, Divorce Court, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, No fault divorce, Women's Divorce Issues

court, divorce, divorce law, grounds for divorce, irreconcilable differences, judges, jurisdiction, no-fault divorce, separation

You don’t have to come up with creative reasons for getting a divorce anymore in the age of no-fault divorce (in the U.S.A.). You don’t have to find a reason to blame your spouse for seeking a divorce from your…

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…

How would my fiancé go about getting any sort of custody for his child?

That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so that your fiancé can explain the situation to the lawyer,…

What will happen if the child refuses to go with the custodial parent?

What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers to stay with the father? This situation (and this question)…

What should I tell my lawyer who says that a motion to dismiss is not real?

May 16, 2022

Court Orders, Court Rules, Judges, Lawyers, Legal System, Uncategorized

attorney, court, court orders, court rules, file, judges, law, lawyer, legal practice, motion, motion to dismiss

What should I say to my lawyer who told me that a motion to dismiss isn’t really a thing so we cannot file one? It may be that a motion to dismiss is in fact not possible (not permitted by…

Can I force my spouse to divorce me?

I know of no legal way to force your spouse to filed for divorce against you, but you may not be aware of the fact that your spouse cannot prevent you from divorcing him/her. Many people do not understand what…

Do I need to show up for court if I was never served papers?

April 1, 2022

Court Orders, Court Rules, Judges, Lawyers, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

acceptance of service, court, court order, legal documents, service, South Carolina, Utah

Do I need to show up for court if I was never served papers? I live in South Carolina. I cannot speak for or about the jurisdiction of South Carolina because I practice law in Utah (so you need to…

Law from a legal assistant’s point of view, week 36: Planning

By Quinton Lister, legal assistant Planning is something that I have always aspired to do in my life but being a legal assistant has helped me realize that there is a level of planning I have never experienced, comprehended, or…

Erickson v. Erickson – 2022 UT App 27

THE UTAH COURT OF APPEALS DEAN ERICKSON, Appellee, v. JANICE ERICKSON, Appellant. Opinion No. 20200193-CA Filed March 3, 2022 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy No. 174901105 Albert N. Pranno, Attorney for Appellant Jordan M.…

Do I need to show up for court if I was never served papers?

February 24, 2022

Court Orders, Court Rules, Judges, Jurisdiction, Lawyers, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

attorneys, court, court papers, judges, lawyers, legal system, notice of hearing, rule of thumb

Do I need to show up for court if I was never served papers? I live in South Carolina. I cannot speak for or about the jurisdiction of South Carolina because I practice law in Utah (so you need to…

Is it true that family courts get paid from child support payments?

February 23, 2022

Child Care Costs, Child Support, Child Support Enforcement, Court Orders, Court Rules, Divorce Law, Family Law, Judges, ORS (Office of Recovery Services)

Child Support, child support payment, court, divorce and family law, family court, finances, judges, lawyers, Office of Recovery Services (ORS)

Is it true that family courts get paid from child support payments? Can someone explain it to me or link me to an article that explains it? The courts do not collect child support, they issue orders that and title…

What to do when child won’t comply with the custody award?

What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers to stay with the father? This situation (and this question)…

Reform that reforms nothing

February 2, 2022

Custody, Divorce, Divorce Law, Family Law, Utah, Utah Court Rules, Witness

civil procedure, court, court rules, critique, legal opinion, reform, Utah law, Utah rules

Commencing May 21, 2022, a new rule of the Utah Rules of Civil Procedure will be in force: Rule 100A. While I love the intention behind Rule 100A, reviewing the rule reveals it to be poorly structured, and I do…

Cameras in court, cheap entertainment or a way to achieve justice?

January 20, 2022

Court Orders, Court Rules, Justice and Equity, Legal System, Utah Code, Utah Court Rules

accountability, cameras in courtrooms, court, court rules, law, legal system, public good, transparency

Are cameras in the courtroom, a cheap form of reality television, or a better way to achieve justice? This is a subject that is near and dear to my heart, both as a lawyer and as a news reporter. It’s…

What affects the outcome of court cases more?

December 31, 2021

Divorce Attorneys, Divorce Court, Divorce Law, Divorce Lawyers, Evidence, Family Law, Judges, Uncategorized, Utah Law

court, divorce, divorce law, evidence, judges, law, lawyers, legal case, trial

What affects the outcome of court cases more, the relative strengths and experience of the opposing lawyers, actual facts, relevant law, or some other factor? I answer this question in the context of divorce and family law, not all legal…

What are some ways to not appear judgmental as a lay witness?

December 29, 2021

Court Rules, Lawyers, Legal System, Testimony, Witness

court, facts, hearing, judge, lawyers, lay witness, testimony, trial, witness

What are some examples of how to not appear judgmental as a lay witness in court? Tell the !@#$% truth, not stories you hope will dupe the court into doing what you want or what the party who called you…

What is a court proceeding?

December 23, 2021

Court Orders, Court Rules, Lawyers, Legal System

attorney, court, definition, judges, law, lawyers, legal aid, legal definition, legal system, proceedings

According to Black’s Law Dictionary (11th ed. 2019): PROCEEDING proceeding (16c) 1. The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the entry of judgment. Any procedural means for seeking…

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