Divorce Court Archives

Is There a Way to Get Legal Action on Child Support for Free?

February 20, 2023

Alienation of Affection, Child Custody, Children in Divorce, Custody, Custody Evaluation, Joint Legal Custody, Joint Physical Custody, Parental Alienation, Sole Custody

alienation, child custody, Divorce Court

That does not bode well for you, if in fact the child will be in the courtroom at the same time you and the judge assigned to your case are in the courtroom (although it is not a common occurrence…

What Happens in a Custody Case Where Both Parents Try to Alienate the Child From the Other Parent and the Rest of Their Family?

February 14, 2023

Divorce Utah

Alienation of Affection, Child Custody, Children in Divorce, Custody, Parental Alienation

child custody, Divorce Court, parental alienation

My guess is that this question applies in two distinct contexts: 1) what does the court do in a child custody case where both parents try to alienate the child from the other parent and the rest of their family?; and 2) what…

Do I have to pay the court to go to trial?

Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this wasn’t widely known: In Utah, do I have to pay…

Is the Johnny Depp divorce trial actually newsworthy?

The divorce trial wasn’t all that newsworthy or memorable (celebrities divorcing is expected), it’s his defamation trial against his ex-wife that is newsworthy. Why? Although his defamation case is not as relevant to the country as news that affects us…

What is MyCase and why should I care?

September 5, 2022

Divorce Utah

Divorce Law, Family Law, Jurisdiction, Justice and Equity, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

Divorce Court, domestic relations, family law, family law case, MyCase, self-service, software, system, Utah, Utah law

MyCase is an online system developed by the Utah State Courts system that you can sign up for free of charge and use in your family law case and certain other kinds of cases, but because this is a divorce…

Are there experts who can evaluate parental alienation for a custody case?

There are “expert” witnesses for virtually any and every issue in legal actions. Can judges be bamboozled by pseudo-scientific expert witnesses? Without question. Do some judges who know that the so-called expert witness’s testimony is pseudo-scientific bunk (or at least…

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…

Do both parties have to sign the paperwork for a divorce to be granted?

Do both parties have to sign divorce paperwork in order for a divorce to be granted? It is possible in many jurisdictions (Utah being one of them; if you are not residing in Utah, you’ll need to consult the laws and court…

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)…

Duffin v. Duffin – 2022 UT App 60

2022 UT App 60 THE UTAH COURT OF APPEALS JAMES M. DUFFIN III, Appellee and Cross-appellant, v. BRANDY E. DUFFIN, Appellant and Cross-appellee. Opinion No. 20200361-CA Filed May 12, 2022 Third District Court, West Jordan Department The Honorable Matthew Bates No. 184400962 T. Jake Hinkins and…

If both parents are wonderful, will the court still favor the mother?

If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about “what happened to me in my divorce” as I am…

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…

How do you win a case against your ex for false accusations?

If you find an attorney who knows a sure-fire, fail-safe way to defend an ex-spouse or an ex-boyfriend/ex-girlfriend against “false accusations,” that attorney is likely a multimillionaire because possessing such a skill/power would be superhuman/miraculous. False accusations exist because they…

What is a costly part of divorce that almost no one thinks of ahead of time?

Every aspect of divorce. Every single one. Two cannot live separately and divorced for less than they did together. Litigation is mind-bogglingly expensive and protracted. Even an uncontested divorce can result in tremendous expenditures incurred to get divorced, a substantial…

Parental alienation

I just read the following comment made by a viewer of my UFLTV parental alienation interview with Kelly Peterson. This viewer wrote, “So basically, parental alienation is proved by documenting the instances of alienation over a long period of time, so that…

What happens after an affair when you have kids?

What happens after an affair when you have kids? I’ll answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you’ve had an extramarital…

Should we put divorcing couples in an adversarial divorce court system?

People who are getting divorced fall into one of two categories: those who want to divorce while doing each other as little harm as possible; and those who don’t care what happens to their spouses in divorce and who are…

How can we change divorce court to make it easier on the children?

Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce cases more litigant focused and tailored to meeting their needs and the needs of their family, instead of tailoring the cases for the convenience of the courts and…

What is a simple truth about divorce that most people ignore?

November 9, 2018

Divorce Utah

Dirty Tricks, Divorce Mistakes, Divorce Preparedness

disappointments, Divorce Court, truths

I hate to write this, but I can’t deny it: One simple truth about divorce that most people ignore is that the legal system does a pretty lousy job of divorce. I’ve even heard a court commissioner say, in court,…

Utah Divorce Timeline – Understanding How Long Divorce Can Takes in the Courts

April 6, 2017

Divorce Utah

Divorce Court, Mediation, Procedure and Evidence, Uncategorized

Divorce Court, divorce procedure, Utah Divorce Court, Utah divorce procedure

The time frames described in this timeline set forth the general sequence of a simple and typical Utah divorce action that goes to trial. Utah Divorce Timeline Unique and special circumstances, rules, or situations could (and likely would) alter the…

Tag: Divorce Court