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Tag: court

Home court

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

Divorce Utah
Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Law, Divorce Lawyers, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Joint Legal Custody, Joint Physical Custody, Lawyers, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Physical Custody, Women's Divorce Issues
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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,…
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What will happen if the child refuses to go with the custodial parent?

Divorce Utah
Child Custody, Child Custody Modification, Children in Divorce, Court Orders, Custody, Family Law, Fathers' Divorce Issues, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Parent Time, Physical Custody, Sole Custody, Uncategorized, Women's Divorce Issues
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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)…
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Can I force my spouse to divorce me?

Divorce Utah
Coping With Divorce, Court Orders, Court Rules, Divorce, Divorce Causes, Divorce Law, Divorce Preparedness, Family Law, No fault divorce, Utah, Utah Code, Utah Court Rules, Utah Law
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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…
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Law from a legal assistant’s point of view, week 36: Planning

Divorce Utah
Dirty Tricks, Divorce, Divorce Law, Divorce Preparedness, Divorce Procedure, Family Law, Lawyers, Legal Assistant, Legal System
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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…
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Erickson v. Erickson – 2022 UT App 27

Divorce Utah
Appeal, Assets/Debt/Property, Attorney Fees, Business Interests, Business Valuation, Dirty Tricks, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Husband's or Wife's Business, Legal System, Marital Estate, Marital Property, Men's Divorce Issues, Preparing for Divorce, Procedure and Evidence, Property Division, Spouse's Business, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Valuation
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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.…
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Do I need to show up for court if I was never served papers?

Divorce Utah
Court Orders, Court Rules, Judges, Jurisdiction, Lawyers, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law
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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…
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Is it true that family courts get paid from child support payments?

Divorce Utah
Child Care Costs, Child Support, Child Support Enforcement, Court Orders, Court Rules, Divorce Law, Family Law, Judges, ORS (Office of Recovery Services)
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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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What to do when child won’t comply with the custody award?

Divorce Utah
Best Interest of the Child, Child Custody, Child Custody Modification, Contempt of Court, Court Orders, Custodial Interference, Custody, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Order to Show Cause, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Petition to Modify Decree of Divorce, Preparing for Divorce, Utah Code, Visitation, Women's Divorce Issues
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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)…
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Cameras in court, cheap entertainment or a way to achieve justice?

Divorce Utah
Court Orders, Court Rules, Justice and Equity, Legal System, Utah Code, Utah Court Rules
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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…
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What affects the outcome of court cases more?

Divorce Utah
Divorce Attorneys, Divorce Court, Divorce Law, Divorce Lawyers, Evidence, Family Law, Judges, Uncategorized, Utah Law
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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…
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What has a lawyer said that made you question their expertise?

Divorce Utah
Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers, Divorce Mistakes, Family Law, Lawyers
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What’s one thing you’ve heard a lawyer say that made you question their expertise? I was in court for a hearing in a divorce action where opposing counsel objected to a question I asked on the grounds that the question…
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Law from a legal assistant’s point of view, week 23: Injustice

Divorce Utah
Judges, Justice and Equity, Lawyers, Legal Assistant, Legal System
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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…
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How do I find out what my divorce case number was, if I’ve forgotten it?

Divorce Utah
Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Lawyers, Family Law, Hiring a Divorce Lawyer, Lawyers, Legal System
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It’s easy if you know what you’re doing. And if you don’t know what you’re doing, it’s easy to find someone who does know what to do.  In many jurisdictions, it’s difficult to find to look up online the telephone…
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Law from a legal assistant’s point of view, week 21: Never

Divorce Utah
Court Orders, Court Rules, Judges, Lawyers, Legal Assistant, Legal System, Pro se (representing yourself)
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By Quinton Lister, legal assistant I am still new at my job. I have only been a legal assistant since Summer of 2021, but I know for myself that I would never go to court representing myself. There is simply…
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How do I get a copy of my restraining order that I have on my ex?

Divorce Utah
Court Orders, Court Rules, Divorce Attorneys, Divorce Court, Divorce Law, Divorce Lawyers, Restraining Orders
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How do I get a copy of my restraining order that I have on my ex? I lost the original copy. My answer applies to how you can obtain a copy of any order (not just a restraining order) in…
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