court Archives - Divorce Utah

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

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, Witnesses

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…

Are there significant cultural differences in different courts?

October 3, 2019

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness, Divorce Procedure

attorneys, city, court, cultural differences, judges, lawyers, regions, rural, sophisticated, urban

If you are an attorney who was raised in the northern U.S., but have practiced law in the South, have you noticed cultural differences in the way you are permitted to express yourself in courtrooms in the different areas? I’ve…

Proving Parental Alienation Is Only Half the Battle

September 11, 2019

Divorce Utah

Parental Alienation

court, fraud, judge, parental alienation, proof, remedy

Many parents in a child custody dispute being tried in court are the target of a parental alienation campaign. For some parents, the alienation started long before the court case. For other parents, it’s the court case that leads the…

Do judges get angry at “dead beat dads” who aren’t biological fathers?

August 15, 2019

Divorce Utah

Child Support, Child Support Modification, Paternity

angry, biological father, Child Support, court, deadbeat dad, dna testing, feelings, judge, opinions

Do judges get angry at supposed “dead beat” dads who are not the biological father and refuse to pay child support for a kid that is not theirs? Occasionally. There are some well-publicized instances of men who can prove they…

Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement

June 24, 2019

Divorce Utah

Alimony and Support, Appeal, Court Rules, Division of Marital Property, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Finances, Marital Home, Marital Property, Men's Divorce Issues, Modification of Alimony, Motion Practice, Negotiation, Pension, Personal Property, Petition to Modify Decree of Divorce, Procedure and Evidence, Property Division, QDRO (Qualified Domestic Relations Order), Real Estate/Real Property, Retirement Benefits, Separate Property, Settlement, Spousal Support, Termination of Alimony, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2019, 2019 UT App 106, 401(k), alimony, both parties represented by counsel, court, DEIDRE SUE JANSON, discretion, divorce action, enforceable, extrinsic evidence, Honorable Andrew H. Stone, IRA, Jamie Carpenter Attorney for Appellant, JEFFREY ALAN JANSON, June 20, Kara L. Barton and Ashley Wood Attorneys for Appellee JUDGE MICHELE M. CHRISTIANSEN FORSTER authored this Opinion, marital home, meeting of the minds, motion to set aside a written stipulation, No. 164906327, Opinion No. 20170541-CA, pension, preserve an issue for appeal., purpose of considering extrinsic evidence, QDRO, Salt Lake Department, THE UTAH COURT OF APPEALS, Third District Court, to clarify ambiguous terms in the contract, Woodward formula

2019 UT App 106 – Janson v. Janson – setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed June 20, 2019 Third District Court, Salt Lake Department The…

My list of YouTube videos I like best on successful depositions

December 20, 2018

Divorce Utah

Divorce Court, Divorce Mistakes, Divorce Preparedness

court, deposed, deposition, divorce deposition, judge, testify, testifying, testimony

Here it is: my list of YouTube videos that I like best on how to identify, prepare for, and give a successful deposition. #1 Attorney Richard LaGarde has spent over thirty-five years preparing witnesses for their depositions. During his long and successful…

Marijuana and Child Custody Still Don’t Mix in Utah, You Fools! Ignore This at Your Peril!

December 10, 2018

Divorce Utah

Child Custody, Children in Divorce, Custody

child, child custody, commissioner, court, dispute, illegal, judge, marijuana, medical marijuana, Utah, utah medical cannabis act

No matter what you’re told, marijuana use is STILL ILLEGAL in this state. Illegal use of street drugs, including but not limited to marijuana, can and surely will be used against you in a child custody dispute. And you can’t…

Do underage children have any say in custody in the U.S.?

April 4, 2018

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce, Custody, Joint Legal Custody, Joint Physical Custody, Utah Code

30-3-10(1)(e), child custody, court, desires, interview, judge, preferences

Do underage children have any say in custody in the U.S.? In my jurisdiction where I practice family law (Utah), the answer may be hard to discern by reading the Utah Code, but here it is (I’ll explain it after…

The Difference Between a Case Dismissed “with Prejudice” and a Case Dismissed “without Prejudice”

August 30, 2016

Divorce Utah

Uncategorized, Utah Law

attorney, case, court, judge, Utah, with prejudice, without prejudice

I’m going to explain confusing and counter intuitive legalese by explaining the meaning of case dismissed “with prejudice” versus “without prejudice.” These are the formal legal terms for the different ways cases can be disposed of. Dismissing a case “with…

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