BLANK

Tag: settlement

Home settlement

Thayne v. Thayne – 2022 UT App 122 – Change of Circumstances

2022 UT App 122 THE UTAH COURT OF APPEALS STEPHANIE THAYNE, Appellee, v. DEVIN THAYNE, Appellant. Opinion No. 20200598-CA Filed November 3, 2022 Second District Court, Ogden Department The Honorable Ernest W. Jones No. 204900701 Devin Thayne, Appellant Pro Se…

How do lawyers drag out court cases?

How do lawyers drag out court cases? In some respects, the ways are limited only by the power of one’s imagination, but the most common ways I have experienced in my field of practice (divorce and family law) are: falsely…

Why would a court/judge want the opposing parties to settle?

March 8, 2021

Divorce Fears, Divorce Law, Divorce Preparedness, Judges, Mediation, Men's Divorce Issues, Negotiation, Women's Divorce Issues

out of court settlement, reaching agreement, settle, settlement

Why would a court/judge want the opposing parties to settle? Because if the parties settle, then the judge does not have to preside over a trial in the parties’ case. Utah Family Law, LC | divorceutah.com | 801-466-9277

Are older lawyers better?

Are older lawyers better? If by “older” you mean lawyers who are not fresh out of law school, the answer is: almost always yes. They don’t teach you how to practice law in law school, they teach you how to…

Why do lawyers like to handle large divorce settlements?

October 9, 2020

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness, Settlement

complex, divorce, fees, settlement, value

Why do lawyers like to handle large divorce settlements? The more complex and acrimonious the case and/or the more there is at stake, the more work there is to do. The more work to do, the more money it costs…

If we agree on our divorce terms, do we need attorneys?

July 10, 2020

Attorney Fees, Dirty Tricks, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

agree, agreement, attorney, lawyer, need, settle, settlement

If we agree on our divorce terms, do we need attorneys? In a less complicated divorce, where each party has already agreed to the split of assets, do they each need to hire their own attorney, and why or why…

Should I review the proposed settlement agreement with my own lawyer?

June 27, 2020

Dirty Tricks, Divorce Attorneys, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

agreement, conflict of interest, counsel, hope, independent, proposal, proposed, review, settlement, traps, tricks, trust

In a less complicated divorce, where each party has already agreed to the split of assets, do they each need to hire their own attorney, and why or why not? Should I review the proposed settlement agreement with my own…

How can I turn arguments into negotiations and agreement?

April 9, 2020

Divorce Fears, Divorce Mistakes, Divorce Preparedness, Mediation, Negotiation, Settlement

Jim Camp, mediation, negotiation, settlement, Start with No

How can I turn arguments into negotiations and agreement? If you could only read and apply one book on the subject, I would recommend “Start with No,” by Jim Camp. Here is the link to buy the printed book on…

If we agree on child support and custody, can the judge reject our agreement?

March 12, 2020

Child Custody, Child Support, Custody, Mediation, Settlement

child custody, equitable, fair, feasible, mediation, out of court, reject, settlement

If my husband and I agree on child support and custody in mediation, can the judge reject our agreement? Yes. A judge is not obligated to approve of and adopt as his/her child custody order the agreement the parents may…

Must I engage in all-day divorce mediation or some other time period?

Must I engage in all-day mediation in my divorce action, or for some other specific time period? No, there is no mandatory minimum period of time you must spend in mediation. You don’t have to stay in all-day mediation or…

Can you tell the judge to award no alimony if both parties agree and settle?

October 29, 2019

Amicable Divorce, Divorce Mistakes, Divorce Preparedness, Men's Divorce Issues, Negotiation, Settlement, Women's Divorce Issues

agreeing, agreement, settlement, settling

Well, you can’t dictate to your judge as to what your judge will do, but if you and your spouse agree that no alimony will be awarded and then tell the judge that that is how you and your spouse…

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…

Why doesn’t family law immediately use collaborative law practices to reach decisions?

Because 1) paradoxically, those for whom the true collaborative law process would work best are those who really don’t need collaborative law; and 2) “collaborative law” as it is practiced (as opposed to how it should be practiced) are not the same thing. Now there’s going…

Have you ever told a client he/she would be better off settling a case, only for the client to take the case to trial anyway?

June 6, 2019

Attorney Fees, Coping With Divorce, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

reward, risk, second opinion, settle, settlement, third opinion, trial

Yes, and most of the time when a client decides to take a case to trial over a client’s advice the client does worse than he/she would have if he/she had taken the settlement offer. But not always. Which is…

Good and Bad Advice About Preparing for Mediation

March 29, 2019

Dirty Tricks, Divorce Preparedness, Mediation, Men's Divorce Issues, Settlement, Women's Divorce Issues

bad advice, good advice, mediation, negotiation, prepare, settlement, take care, warning

There’s a lot of advice on how to prepare for and go to mediation successfully. But how good is the advice? Let’s find out. Read this article about how to prepare for a successful mediation (I didn’t write this one):…

A real client’s questions about divorce settlement and mediation

Here is a real client’s questions about divorce settlement and mediation. Don’t worry, I’ve removed the names and changed out the details to protect confidentiality. This client asked a lot of questions that frequently come up, so the client’s e-mail…

Menu