court Archives

How Long Do Child Custody Cases Usually Last, if There Isn’t Anything Super Serious or High Stakes Going On?

June 1, 2023

Great question. I wish I had a pleasing answer to it for you. I can’t speak for all jurisdictions, but in Utah (where I practice law and handle child custody disputes), a contested child custody case in which there is…

How Long Does a Child Custody Court Hearing Take?

rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t do much, if anything, during the actual hearing, with the…

What Happens at a Trial Setting/Status Conference in Family Court?

March 23, 2023

Divorce Utah

Divorce

court, status conference

Many things can happen in status conferences in family court proceedings. One kind of status conference is a conference held for the sake of setting the trial date or dates for a case that is ready for trial. Generally speaking,…

In a Divorce, Why Do Courts Want to Know About Other Persons Living in the Home, Not Involved in the Divorce and Their Income?

January 11, 2023

Divorce Utah

Best Interest of the Child, Uncategorized

court, home

There could be many reasons. Here are a few of the most common (not an exhaustive list, but a list of many reasons why a court may want to know about other persons (and/or their income) living in a spouse’s/parent’s…

Should I intentionally botch my hair follicle test?

December 2, 2022

Divorce Utah

Dirty Tricks, Judges, Jurisdiction, Justice and Equity, Lawyers, Legal System

court, criminal, deceive, drug test, evidence, guilty, hair follicle test, innocent, law, legal counsel, legal system, lie

Would it be better to botch my hair follicle test so it reads nothing, or allow the judge and the world to see what I’ve been doing the last 6 months? First, learn the truth about hair follicle drug test…

Legal Luddites

November 21, 2022

Divorce Utah

Divorce Costs, Divorce Court

court, Legal Luddites

Some of the courts where I practice divorce and family law are intent on abandoning the innovation and improvements that remote hearings have brought (and would have otherwise continued to bring) to the overwhelming majority of family law proceedings and…

How is a narcissist exposed in a court of law?

August 9, 2022

Divorce Utah

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 Utah

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

Divorce Utah

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

Divorce Utah

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

Divorce Utah

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

Divorce Utah

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…

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