equity Archives

What are the primary concerns in determining parenting issues? Why?

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…

Law from a legal assistant’s point of view, week 25: Roots

January 4, 2022

Divorce Utah

Judges, Justice and Equity, Lawyers, Legal Assistant, Legal System

attorney, equity, injustice, judge, justice, law, lawyer, legal assistant, legal field, legal reform

By Quinton Lister, legal assistant It is hard to change any undesirable thing without looking at and understanding its fundamental components. For instance, with addiction, the issue is often not the behavior itself. The addiction is frequently covering up a…

Law from a legal assistant’s point of view, week 23: Injustice

December 21, 2021

Divorce Utah

Judges, Justice and Equity, Lawyers, Legal Assistant, Legal System

attorney, change, court, equity, injustice, justice, law, lawyer, personal responsibility, rule of law, truth

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…

Law from a legal assistant’s point of view, week 17: Fairness

November 9, 2021

Divorce Utah

Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers, Equity, Family Law, Lawyers, Legal Assistant, Legal System

assistant, equity, fair, fairness, John Rawls, justice, law, legal, legal aid, legal assistant

By Quinton Lister, legal assistant Before I started working as a legal assistant I was a philosophy major at BYU. During that time I read a portion of John Rawls treatise on justice. Mr. Rawls sought to equate justice with fairness. I would try and…

Can a divorced spouse claim rights to a previous primary residence?

April 19, 2021

Divorce Utah

Assets/Debt/Property, Business Interests, Coping With Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Personal Property, Real Estate/Real Property, Special Circumstances, Spouse's Business, Utah Court of Appeals Decisions, Utah Supreme Court Decisions, Valuation, Women's Divorce Issues

245 P.3d 176, 760 P.2d 304, 761 P.2d 1369, 799 P.2d 1166, 802 P.2d 1314, 855 P.2d 260, 9 P.3d 171, achieves, appreciated value, appreciation, augmented, Burt v. Burt, commingled, distributing property, distribution, divorce proceedings, divorced spouse, Dunn v. Dunn, during marriage, efforts, Elman v. Elman, equitable, equitable property division, equity, equity demands, exceptional circumstances, exceptions, extraordinary situations, fair, general rule, just, Kelley v. Kelley, maintained, marital asset, Mortensen v. Mortensen, Noble v. Noble, premarital, premarital property, primary residence, property, protected, Rappleye v. Rappleye, rights, separate, separate property, trial courts

Can a divorced spouse claim rights to a previous primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that is clearly not a marital asset. In the jurisdiction where…

Can a divorced spouse claim rights to a premarital primary residence?

April 15, 2021

Divorce Utah

Assets/Debt/Property, Business Interests, Coping With Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Personal Property, Real Estate/Real Property, Special Circumstances, Spouse's Business, Utah Court of Appeals Decisions, Utah Supreme Court Decisions, Valuation, Women's Divorce Issues

245 P.3d 176, 760 P.2d 304, 761 P.2d 1369, 799 P.2d 1166, 802 P.2d 1314, 855 P.2d 260, 9 P.3d 171, achieves, appreciated value, appreciation, augmented, Burt v. Burt, commingled, distributing property, distribution, divorce proceedings, divorced spouse, Dunn v. Dunn, during marriage, efforts, Elman v. Elman, equitable, equitable property division, equity, equity demands, exceptional circumstances, exceptions, extraordinary situations, fair, general rule, just, Kelley v. Kelley, maintained, marital asset, Mortensen v. Mortensen, Noble v. Noble, premarital, premarital property, primary residence, property, protected, Rappleye v. Rappleye, rights, separate, separate property, trial courts

Can a divorced spouse claim rights to a premarital primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that is clearly not a marital asset. In the jurisdiction where…

Will the court compensate me if my spouse destroys my property?

August 21, 2020

Divorce Utah

Assets/Debt/Property, Marital Estate, Marital Property

equity, marital property, offset, separate property, unequal

I purchased a vehicle on payments prior to marriage; husband burned up vehicle; now it’s a delinquent debt on me, in divorce trial, can it be ask he consumes half of that delinquent debt? Normally your premarital asset would be…

Spouse abused me emotionally, so I get more money in divorce now, right?

August 14, 2020

Divorce Utah

Assets/Debt/Property, Divorce Law, Divorce Mistakes, Divorce Preparedness, Marital Property

distribute, distribution, divide, division, emotional abuse, equitable, equity, marital estate, penalize, punish, unethical behavior

My spouse abused me emotionally, so I get more money in divorce now, right? Strongly believing or feeling that “I deserve” an unequal division of the marital estate does not mean that you do legally deserve any such thing or…

The bitter truth is better than the sweetest lie.

March 30, 2020

Divorce Utah

Judges, Legal System

censure, crude, double standard, equity, freedom, judge, justice, private, public, speech, taste

The bitter truth is better than the sweetest lie. It was recently reported that a California judge has been censured after commenting on “smoking hot” women, proclaiming that he had the “biggest balls in the courthouse” and making other inappropriate…

Tag: equity

What are the primary concerns in determining parenting issues? Why?

Law from a legal assistant’s point of view, week 25: Roots

Law from a legal assistant’s point of view, week 23: Injustice

Law from a legal assistant’s point of view, week 17: Fairness

Can a divorced spouse claim rights to a previous primary residence?

Can a divorced spouse claim rights to a premarital primary residence?

Will the court compensate me if my spouse destroys my property?

Spouse abused me emotionally, so I get more money in divorce now, right?

The bitter truth is better than the sweetest lie.

Divorce and your mortgage: what to know (guest post)

To whom do you turn to when the police won’t protect you from your ex?

In re B.T.B. 2018 UT App 157 – termination of parental rights and what is “strictly necessary”