rights Archives

How does employment effect finances in divorce?

Are Couples in which the husband didn’t have a full-time job had a chance of divorcing the following year, compared to couples in which the husband did have a full-time job? In my opinion, given that generally husbands still earn…

What is the best and fastest way to switch judges in a family court?

I will answer this question as it applies in my jurisdiction (Utah). First, no one has a right simply to choose your judge or choose to change the judge assigned to your case. One way to get a change of judge is…

How does the legal system protect the visitation rights of non-custodial parents?

How? Not very well, generally. But before I elaborate, let’s ask and answer this question first: is the legal system designed to protect the visitation (“visitation” is also known as “parent-time”) rights of noncustodial parents? The answer to that question…

How can you win with the abduction of your own children? I took my children to New Zealand without the permission of the father.

I don’t know the laws of New Zealand, but I can tell you this: morally, you have no right to do that, unless, perhaps, you absconded with the children to prevent their father from killing them or from causing serious…

Should a child whose rights are not protected be held accountable?

July 8, 2021

Divorce Utah

Best Interest of the Child, Child Abuse, Child Neglect, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

child, denial, denied, protected, rights, unprotected

If one’s rights are not protected, then one’s rights are being denied. And one whose rights are not protected cannot, in one sense, be held accountable/responsible for his/her exercise of those rights, if for no other reason than that one…

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…

Married a short time. He demands discovery going back years. Can he?

Married a short time. He demands discovery going back years. Can he? Married 16 months. He became abusive almost immediately after. I filed for divorce. He and his attorney is requesting bank statements and my previous divorce information -real estate…

Why does someone need an attorney when they can just defend themselves in court?

Why does someone need an attorney when they can just defend themselves in court (pro se)? Why does someone need an attorney when they can just defend themselves in court? It really depends on how you define “need” here. First,…

If a mother served 10 years in prison, what rights does she have on release?

January 27, 2020

Divorce Utah

Grandparent rights, Parental Fitness, Parental Rights

custody, parental rights, prison, release, rights

If a mother who is sentenced to 10 years in prison leaves her children to be raised by their grandmother, has she a right to demand they live with her when she is released? Can the mother demand the children…

How does a “baby prenup” work and is it effective?

October 4, 2019

Divorce Utah

Child Abuse, Child Custody, Child Support, Children in Divorce, Parental Fitness

baby pre-nup, baby prenup, child, children, duties, father, mother, obligations, parent, parents, rights

For others reading this answer to your question who do not know what a “baby prenup” is, let me first describe it: What a “baby prenup” is not A “baby prenup” is not, as the name might connote, a small or…

Tag: rights