divorce law Archives

What Made You Want to Become a Family Law Attorney?

December 23, 2022

Divorce Attorneys, Divorce Law, Divorce Lawyers

Thank you for asking this question. It comes at a time when I’ve been thinking about this very subject. I am the first lawyer in my family. I am also, at this point, the only lawyer in my family. I’ve…

Is 50/50 custody likely when the parents live in the same neighborhood?

What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part, “What is the likelihood of reverting to 50-50 custody.” Your…

When it comes to divorce and family law firms, never hire on faith and hope

October 28, 2022

Divorce Utah

Divorce, Divorce Attorneys, Divorce Lawyers, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyers, Legal Assistant

divorce law, divorce law office, divorce lawyer, good lawyer, law office, law staff

Do your research with due diligence. Interview a lot of different firms and attorneys (I’m talking 5 to 10, not just 2 or 3—you’ll never get a feel for the diversity of competence and incompetence unless you do). Don’t be…

Can a child who wants to, testify of his/her desires regarding the child custody award?

Am I, as an 11-year-old, allowed to go to court in a situation where my parents are divorced to see if I can get my dad to have full custody of me even though my mom doesn’t abuse me? What…

Why are so many attorneys seemingly against legal separation?

Why are so many attorneys seemingly against legal separation? I truly feel in my circumstance its best for me/us. Is it because they wont make as much money? We have already started the divorce process. Can it be switched? I…

How long do you pay alimony in Utah?

The law governing the duration of alimony is pretty simple and straightforward: See Utah Code § 30-3-5, subsections (1)(c) and (11)(e): (1) As used in this section: ***** (c) “Length of the marriage” means, for purposes of alimony, the number…

Why is it so easy to get married, and so hard to get divorced?

Why is it so easy to get married, and so hard to get divorced? Shouldn’t it be the other way around? This is a perceptive question. It would not not be that hard to get divorced if you were to…

New Laws Affecting Utah Divorce and Family Law in 2022

September 15, 2022

Divorce Utah

Divorce Law, Family Law, Utah, Utah Code, Utah Court Rules, Utah Law

2022 Utah legislative session, Child Support, divorce law, domestic relations cases, family law, Parent Time, protective orders, Utah, Utah law, Utah Legislature

Here is a summary of new law affecting divorce and family law that was created by the Utah State Legislature in 2022: HB (House Bill) 122 1st Substitute, entitled “Family Terminology Amendments.” This bill amended language regarding marriage and legitimacy.…

What are the primary parenting issues of concern by the court?

What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections of the Utah Code when making a legal and physical…

Taylor v. Taylor 2022 UT 35 – Divorce Arbitration

August 29, 2022

Divorce Utah

Arbitration, Utah, Utah Court of Appeals Decisions

arbitration, divorce law, private judge

IN THE SUPREME COURT OF THE STATE OF UTAH DAVID JENKINS TAYLOR, Appellant, v. JILL MARIE TAYLOR, Appellee. No. 20191090 Heard: April 13, 2022 Filed August 18, 2022 On Certification from the Court of Appeals Third District, Summit County The…

What will the court do if I do not sign a letter sent by my ex-husband?

What will the court do if I do not pick up a letter my ex-husband sent that needs to be signed by me from the courts about his back court ordered alimony of $20,000.00 that he is in default already and has…

Can a parent with full custody deny visitation due to unsanitary conditions?

Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for the jurisdiction where I practice divorce and family law (Utah).…

Can a 16-year-old child choose not to have visitation with a parent?

Technically, no. Practicably/pragmatically, yes. Technically, a minor child (even a child of 16 years of age) does not have the legal right to choose whether he or she will comply with the parent time “visitation” scheduling orders that a court…

Can you go back to your ex-spouse after a divorce?

July 25, 2022

Divorce Utah

Divorce, Divorce Court, Divorce Law, Family Law, Legal System, Utah, Utah Code, Utah Law

divorce, divorce law, ex-spouse, family, family law, jurisdiction, law, legal, spouse, Utah law

Yes, there is no law (I know of in any jurisdiction of which I am aware, but check in your jurisdiction to be sure) against a divorced couple resuming a romantic relationship or from remarrying. Utah Family Law, LC |…

Are divorce records public?

I cannot speak for all jurisdictions, but for the jurisdiction where I practice divorce law the answer is “yes”. See Utah Code § 30-3-4(2)(b): §30-3-4. Pleadings–Decree–Use of affidavit–Private records (b) If the court finds that there are substantial interests favoring…

If each parent is fully capable, will the court still give full custody to mom?

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 not divorced.…

How do I get a quick, cheap divorce?

Easiest way up front, but usually most foolish, most financially and psychologically expensive in the long term: give your spouse whatever he she wants/demands (while it is possible for your spouse to make a proposal for a divorce settlement that…

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…

Is there anything that can surprise a judge during a divorce proceeding?

Is there anything that can surprise a judge during a contested divorce proceeding? Of course. We’ve all read about cases where all of the circumstantial evidence indicated the defendant is guilty, only to be surprised in the eleventh hour some…

Can a non-custodial parent claim the child tax credit?

Yes, and the IRS has provided this summary (among other publications) to show non-custodial parents how: https://www.irs.gov/pub/irs-pdf/p4449.pdf Here is an excerpt from that IRS publication: Claiming Your Child as a Dependent Generally, because of the residency test, a child of…

Tag: divorce law