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Does the statute that enables a spouse to not testify against their spouse carry over into divorce if the alleged crime took place during the marriage? 

Divorce Utah
Divorce, Divorce Law, Legal System, Spousal Privilege, Utah Code, Utah Law
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I don’t know the rules as they apply in different jurisdictions, but I can tell you what the rule is in Utah, where I practice divorce and family law.  In Utah, the rule is as follows (see Utah Rules of…
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How long do you pay alimony in Utah?

Divorce Utah
Alimony and Support, Divorce, Divorce Court, Divorce Law, Family Law, Fathers' Divorce Issues, Finances, Legal System, Men's Divorce Issues, Modification of Alimony, Mothers' Divorce Issues, Utah, Utah Code, Utah Law, Women's Divorce Issues
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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…
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What are the primary parenting issues of concern by the court?

Divorce Utah
Best Interest of the Child, Co-parenting, Court Orders, Court Rules, Custody, Divorce, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Justice and Equity, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parental Fitness, Parental Rights, Physical Custody, Utah, Utah Code, Utah Law, Women's Divorce Issues
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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…
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Can I get an annulment instead of a divorce?

Divorce Utah
Annulment of Marriage, Court Orders, Court Rules, Dirty Tricks, Divorce, Divorce Law, Family Law, Utah, Utah Code, Utah Court Rules, Utah Law
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Many people call me asking about whether they can get an annulment instead of a divorce. Their reasons are almost always the same: “I would prefer to say that I am not divorced.”  Although the stigma of divorce is not…
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Duffin v. Duffin – 2022 UT App 60

Divorce Utah
Assets/Debt/Property, Coping With Divorce, Division of Marital Property, Divorce, Divorce Law, Divorce Preparedness, Evidence, Family Law, Findings of Fact and Conclusions of Law, Marital Estate, Marital Home, Marital Property, Real Estate/Real Property, Utah Court of Appeals Decisions, Utah Law
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2022 UT App 60 THE UTAH COURT OF APPEALS JAMES M. DUFFIN III, Appellee and Cross-appellant, v. BRANDY E. DUFFIN, Appellant and Cross-appellee. Opinion No. 20200361-CA Filed May 12, 2022 Third District Court, West Jordan Department The Honorable Matthew Bates No. 184400962 T. Jake Hinkins and…
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How easy is it to change your child’s last name?

Divorce Utah
Court Orders, Court Rules, Family Law, Jurisdiction, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law
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I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law (Utah):  Here are the applicable Utah Code sections:  42-1-1. By…
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Can I force my spouse to divorce me?

Divorce Utah
Coping With Divorce, Court Orders, Court Rules, Divorce, Divorce Causes, Divorce Law, Divorce Preparedness, Family Law, No fault divorce, Utah, Utah Code, Utah Court Rules, Utah Law
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I know of no legal way to force your spouse to filed for divorce against you, but you may not be aware of the fact that your spouse cannot prevent you from divorcing him/her.  Many people do not understand what…
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Noel v. James – 2022 UT App 33 – civil stalking injunction

Divorce Utah
Civil Stalking, Civil Stalking Injunction, Evidence, Findings of Fact and Conclusions of Law, Motion Practice, Restraining Orders, Stalking, Stalking Injunction/Civil Stalking Injunction, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law
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Noel v. James – 2022 UT App 33 THE UTAH COURT OF APPEALS MICHAEL EARL NOEL, Appellee, v. WILLIAM THOMAS JAMES, Appellant. Opinion No. 20200565-CA Filed March 10, 2022 Sixth District Court, Kanab Department The Honorable Marvin D. Bagley No.…
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Should a parent prorate child support to include the child’s 18th birthday?

Divorce Utah
Child Support, Child Support Enforcement, Children in Divorce, Co-parenting, Divorce, Divorce Law, Family Law, Fathers' Divorce Issues, Legal System, Men's Divorce Issues, Modification of Child Support, Mothers' Divorce Issues, Utah, Utah Code, Women's Divorce Issues
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What would you think of a parent who makes the last child support payment prorated 7 days because the child’s 18th birthday falls on the 7th? I see nothing illegal or immoral about the principle of child support ending the…
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Christmas/Winter Break for Parents Under the Utah Code

Divorce Utah
Child Custody, Children in Divorce, Coping With Divorce, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Holiday Parent-time, Joint Physical Custody, Men's Divorce Issues, Mothers' Divorce Issues, Traveling with Children, Utah Code, Utah Law, Visitation, Women's Divorce Issues
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Christmas/Winter Break for Parents Under Utah Code § 30-3-35 or (§ 30-3-35.5 for a child 18 months and older) If your Christmas/Winter break starts December 17, 2021 and ends January 2, 2022 (i.e., school starts back up on Monday, January…
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What are the divorce laws in Utah?

Divorce Utah
Divorce Law, Family Law, Utah, Utah Code, Utah Court Rules, Utah Law
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I don’t want to appear immodest, but honestly, my book is probably the best source in one volume:  https://store.legal.thomsonreuters.com/law-products/Treatises/Utah-Family-Law-2020-2021-ed-Vol-2-Utah-Practice-Series/p/106664782  You can also find the laws governing Utah divorce and family law at the Utah State Legislature’s website, particularly (but not…
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When a restraining order expires, is there some documentation that the respondent can get to prove the expiration?

Divorce Utah
Court Orders, Divorce, Divorce Court, Divorce Law, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Restraining Orders, Utah Code, Utah Law, Women's Divorce Issues
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In Utah, the answer to your question would be: Yes, in the form of the restraining order itself. The restraining order itself states that “[t]he order shall expire by its terms within such time after entry, not to exceed 14…
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What are the laws for joint custody?

Divorce Utah
Child Custody, Custody, Divorce Law, Family Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Physical Custody, Utah, Utah Code, Utah Law
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For the jurisdiction where I practice divorce and family law (Utah), the laws the court must consider are found in Utah Code § 30-3-10, 30-3-10.2, and, if the question of joint equal custody is in issue, § 30-3-35.2. The list…
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MacFarland v. MacFarland – 2021 UT App 58

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Amicable Divorce, Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Co-parenting, Cohabitation, Contempt of Court, Coping With Divorce, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equitable Interest, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Justice and Equity, Legal System, Marital Home, Men's Divorce Issues, Modification of Alimony, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Special Circumstances, Spousal Support, Termination of Alimony, Uncontested Divorce, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues
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021 UT App 58  THE UTAH COURT OF APPEALS  BRUCE RAY MCFARLAND, Appellant and Cross-appellee,  v.  NICOLE S. MCFARLAND, Appellee and Cross-appellant.  Opinion  No. 20190541-CA  Filed June 4, 2021  Second District Court, Farmington Department  The Honorable David J. Williams  No.…
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Can I get a stalking injunction against someone in a different state who stalks via social media?

Divorce Utah
Civil Stalking, Civil Stalking Injunction, Men's Divorce Issues, Protective Orders, Utah Code, Utah Law, Women's Divorce Issues
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How would you go about getting an order of protection against someone in a different state for harassment and stalking via social media? I will answer your question based upon the law of the state of Utah, where I practice…
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