legal Archives

Do attorneys ever have to represent relatives?

November 14, 2022

Court Rules, Divorce Attorneys, Divorce Lawyers, Justice and Equity, Lawyers, Legal System

attorney, conflict of interest, duty, law, lawyer, legal, moral dilemma, officer of the court, relative, representing a relative

Do attorneys ever have to represent relatives or is that a conflict of interest? I will give my personal opinion (as a lawyer, but not as a lawyer giving anyone any particular legal advice) as it applies in the jurisdiction…

What’s it called when a judge gives a party an illegal advantage?

August 3, 2022

Divorce Utah

Judges, Justice and Equity

advantage, etymology, judge, law, legal, legal system, party to an action, prefix, prejudice, prejudicial, suffix, unfair advantage

I believe one term you may be thinking of is “prejudice.” The word “prejudice” has a particular meaning in the law. According to Black’s Law Dictionary (the bible of legal definitions): 2. A preconceived judgment or opinion formed with little…

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 |…

Law from a legal assistant’s point of view, week 40

April 19, 2022

Divorce Utah

Court Orders, Court Rules, Divorce Law, Family Law, Judges, Justice and Equity, Lawyers, Legal Assistant, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

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Law from a legal assistant’s point of view, week 40: Recording family law hearings By Quinton Lister, legal assistant My time as a legal assistant to a divorce and family law attorney in Utah has shown me a side of…

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…

Child refuses to leave noncustodial parent’s house. What happens now?

May 14, 2021

Divorce Utah

Abuse, Addiction, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Petition to Modify Decree of Divorce, Physical Custody, Sole Custody, Women's Divorce Issues

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I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will answer this question in the context of my experience as…

Why are so many Latin terms used in legal (English)?

July 6, 2020

Divorce Utah

Divorce Law, Divorce Lawyers, Legal System

contemporary, cool, english, latin, latin terms, law, learned, legal, modern, shorthand, smart, why

Why are so many Latin terms used in legal (English)? Law is (or was) a learned profession and before information and education was available to everyone, the language of the learned was Latin, which is why there are still many…

Can you legally allow a relative to live in a property you own, rent-free, for years?

April 23, 2020

Divorce Utah

Alimony and Support, Child Support, Marital Debts, Spousal Support

allow, financial declaration, free rent, legal, live, own, relative, rent-free, reside

Can you legally allow a relative to live in a property you own, rent-free, for years? Today’s question is (and I’m serious, it’s a real question from a real person; I didn’t make this up): Can you legally allow a…

Is bigamy legal in America?

January 23, 2020

Divorce Utah

Utah Law

America, bigamy, illegal, legal, united states

No, not yet. Why do I state “not yet”? Because now that the right of marriage has been extended to same-sex couples, it’s easy to imagine a logical and legally valid argument for plural marriage. I even think I might…

Can I protect marital assets from my spouse by “temporarily gifting” them?

November 15, 2019

Divorce Utah

Dirty Tricks, Divorce Costs, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Marital Property

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Can I protect marital assets from my spouse by “temporarily gifting” assets to somebody else until after the divorce is final? Can you? Like is it doable? Sure, you can do it. And many divorcing people do this very thing successfully (meaning they get…

What is the hardest part about a divorce?

May 31, 2018

Divorce Utah

Uncategorized

divorce, hard, hardest part of divorce, legal, psychological

What is the hardest part about a divorce? We’re all different, and divorce affects each of us in different ways, but generally speaking: Legal Standpoint If you’re the one wanting a divorce, the hardest part is usually: how miserable the…

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