court Archives - Divorce Utah

My attorney just dropped me. What do I do now?

My attorney just dropped me. What do I do now? My attorney in a civil matter dropped me and I just found out yesterday that I have 21 days to get a new attorney, and my time is up in…

Does a Restraining Order Prevent Me from Communicating with the School?

December 1, 2020

Divorce Utah

Children in Divorce, Civil Stalking, Civil Stalking Injunction, Family Law, Protective Orders, Restraining Orders, Utah Code, Utah Law

child, communicating, contact, court, expansive construction, interpretation, judge, prevent, restraining order, school

Does a Restraining Order Prevent Me from Communicating with the School? If a school age child has a restraining order against a parent prohibiting him from coming within a certain distance from the school, can they still call the school…

Can I kick my spouse out of the house without his/her consent?

November 25, 2020

Divorce Utah

Marital Home

abandons, abusive, consent, court, custody, dangerous activities, divorce, Homestead rights—Custody of children, house, kick out, property, provide, spouse, substance abuse, threats, Utah Code § 30-2-10

Can I kick my spouse or our children out of the house or even off the property without their consent when it becomes clear that my spouse and I are headed for divorce? Can I kick my spouse or our…

Can a parent legally keep the other parent from the children?

November 23, 2020

Divorce Utah

Child Custody, Custody

children, contact, court, court order, illegal, married, other parent., parent, unmarried, withhold custody

Can a parent legally keep the other parent from the children? Can a parent (married or unmarried) legally keep the other parent from the children without having gone to court? Yes. It can be done under certain circumstances. In the…

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,…

How can I get full custody, when I don’t trust the other parent with the baby?

November 16, 2020

Divorce Utah

Child Custody, Evidence, Parental Fitness

adequate care, attention, award, baby, child, court, custody, entrusted, facts, father, full custody, independently verifiable, justify, mother, parent, persuade, preponderance of evidence, sole legal, sole physical, sufficient evidence, supervision, trust, unable, unwilling

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

Why do pro se litigants fail so often?

Why do pro se litigants fail so often? And if you’re wondering what a pro se litigant is, here’s the definition: someone who argues his/her own case in a lawsuit, rather than having a lawyer represent him/her and do the…

Why do people need legal advisors if all the laws can be found on the Internet?

Why do people need legal advisors (I’m not referring to litigators) if all the laws can be found on the Internet? Good question, and the answer is simple and clear: There are many times when people need legal experts (and…

What is a motion to bifurcate a divorce in Utah? Why should I care to know?

August 17, 2020

Divorce Utah

Divorce Law, Divorce Preparedness

abandon, bifurcate, bifurcation, court, dissolution, dissolution of marriage, dissolve, divorce, ex-spouse, Rule 42, slow, spouse, Utah law

What is a motion to bifurcate a divorce in Utah, and why should I care to know? By Brian N. Godfrey, Legal Assistant A motion to bifurcate to dissolve your marriage means that the court declares your marriage ended, but…

Do lawyers write down their arguments in full, or just have brief notes?

August 7, 2020

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness, Divorce Procedure

arguments, court, full, improvise, judges, lawyers, notes, presentations

Do lawyers write down their arguments in full, or just have brief notes? It depends upon the lawyer. And there are lawyers who use either or both methods to present their arguments. Some lawyers are quick on their feet and…

What would happen if a witness in court was asked if they will swear to tell the truth and they said no?

June 29, 2020

Divorce Utah

Contempt of Court, Utah Code

78B-1-143, 78B-1-144, affirm, contempt, court, moral, religion, sanctioned, swear, truth, Utah code, witness

What would happen if a witness in court was asked if they will swear to tell the truth and they said no? If the witness were unwilling to swear or affirm to tell the truth, the witness would either not…

Should I accept money from my ex for the kids, even if I’ve already filed in court for child support?

May 15, 2020

Divorce Utah

Child Support, Child Support Enforcement

Child Support, court, file, order, payment, voluntary, volunteer

Should I accept money my ex sent for his kids (not enough to support), even if I already decided to take him to court for child support? I don’t see any reason why you can’t do both: keep the money…

What happens if you say no to the oath on the witness stand in court?

May 12, 2020

Divorce Utah

Contempt of Court, Evidence

affirm, affirmation, court, oath, swear, witness

What happens if you say no to the oath on the witness stand in court? If you object to being sworn, to taking an oath (as some religions do), then you can “affirm” to tell the truth, the whole truth,…

Is it advantageous to lie and sling mud at the other parent to win custody?

Today’s question is: Is it advantageous for the father to file with the court a 2 page document of fabricated lies about mother in a child custody battle as part of the ‘arsenals’ used to win a custody battle and…

Can an abusive father win custody even if they’re not legally married?

March 6, 2020

Divorce Utah

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

abusive father, abusive mother, abusive parent, child custody, court

I’m in an emotionally, verbally, and financially abusive relationship. Can an abusive father win custody even if they’re not legally married? Anybody can do or get anything, if he/she tries hard and the circumstances work in his/her favor. Anybody can…

What happens if you get caught lying in family court?

I’ve been a divorce and family law attorney for 23 years and gone back and forth over the years on my opinion of how the courts feel about and how they treat lying. At this point in my career, I…

Best way to handle a child custody dispute with a mentally ill ex?

January 4, 2020

Divorce Utah

Dirty Tricks, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Mental Illness

care, child custody, court, emotional, harm, interest, mental illness, personality disorders, physical, relevant

After procuring an attorney for the matter, what is the best way to prepare for an upcoming child custody dispute with a PBPD ex? I am amazed at the number of people who believe that courts are interested in whether…

Can you get a restraining order against a minor if you’re an adult?

December 27, 2019

Divorce Utah

Protective Orders, Restraining Orders

adult, burden, child, court, evidence, life, minor, proof, protection against a minor child, protective orders, prove, restraining orders, safety, threat

Certainly. Restraining orders are for the protection of the person needing the protection, and if a child is a threat to your life or safety and you can prove that to the satisfaction of the court, you can get a restraining…

Are bedbugs a basis for modifying child custody or parent-time?

December 4, 2019

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce

bed bugs, child custody, court, environment, Exercise, judge, Modification, modify, Parent Time, perspective, refuse, sanction, sanctions

If one parent has bedbugs and the children will not sleep at the parents home, does the other parent have to make a motion for full custody? Can the parent without bedbugs be sanctioned for failure to coparent? I am…

Why can a child refuse to live with a parent as court ordered?

Why is it OK to allow a 14-year-old child to deny one parent access to him/her without any reason, but it is kidnapping if the child were to refuse to live with either parent and instead live with an adult…

Tag: court