See parent question. I am a divorce lawyer, and after a divorce case ends (meaning a decree of divorce has been issued and case essentially closed), I literally never know how the divorced couple interacts afterward unless their interactions result in the violation of provisions of the decree, or circumstances change so substantially and materially from what they were at the time the decree of divorce was entered that modifying the decree becomes either necessary or warranted. If a court orders an ex-spouse to pay child support and/or alimony, then clearly that ex-spouse will be supportin ..read more

If you care to know: please don’t refer to the numbered paragraphs in divorce and family law cases as anything other than paragraph numbers. ¶ So it’s “paragraph 4”. Not “section 4”. Not “clause 4”. Not “subdivision 4”. Not “part 4”. Not “article 4”. Not “item 4”. Not “segment 4”. Just paragraph 4. ¶ 4. Thank you. Utah Family Law, LC | divorceutah.com | 801-466-9277 The post How to Refer to Numbered Paragraphs in Divorce and Family Law Cases appeared first on Divorce Utah ..read more

See 2024 UT App 54 – Tilleman v. Tilleman, which recites many of them: ¶26 . . . Generally, we review a trial court’s custody award for an abuse of discretion. See T.W. v. S.A., 2021 UT App 132, ¶ 15, 504 P.3d 163. “This discretion is broad; indeed, as long as the court exercises it within the confines of the legal standards we have set, and the facts and reasons for the decision are set forth fully in appropriate findings and conclusions, we will not disturb the resulting award.” Id. (quotation simplified). But whether the court correctly interpreted the legal st ..read more

Talk to a good (a good) lawyer about whether you even have the right to “inherit” from your ex-husband’s brothers. Unless there are bizarre circumstances at work here, odds are you have no rights to your ex-husband’s brothers’ decedents’ estates. Talk to a good lawyer who handles wills and probate matters to find out. Heck, bring your husband along to the meeting, so that he learn first-hand from the lawyer himself (that way he can’t tell you that “you don’t understand” if you come back from the lawyer’s office by yourself and tell your husband what the lawyer told you). As for a husband who t ..read more

Have you ever heard that having a child will fix certain problems in marriage? That it will help bring a couple in a strained marriage closer together and thus fix, or facilitate fixing, the problems that you have in your relationship with your spouse? Probably not, in my view. But why? Wouldn’t it be safe to assume that the person you married would reorganize his/her priorities in order to love and support the new addition to your family? I don’t think so. I have never seen a baby magically fix relationship troubles. I have, however, seen already fragile relationships snap under the added wei ..read more

Good reasons? Or any and all reasons? In no particular order: The abuse is not bad enough (or perceived as not bad enough) to justify terminating the relationship. Otherwise stated, the detriments of terminating the relationship outweigh the loss of the benefits of the relationship. Fear of being unable to provide for the physical needs of the children if one has to be the sole breadwinner This is why some abuse victims “abandon” their children when they leave/escape an abusive relationship—because they know or believe they can’t take care of the kids by themselves. Sometimes they truly aba ..read more

After you ask, “Is there anything I can do for winning custody after the GAL report is favoring my ex? Is paying more to my attorneys worth it or no?,” then you need to ask these questions: Is the GAL’s report favoring my ex accurate? Otherwise stated, “Am I unfit to be awarded custody (whether that be sole custody or joint custody or equal custody?” If you are unfit to be awarded the custody you want or any kind of custody, you may have different and bigger obstacles than the GAL’s report standing in your way. If the GAL’s report favoring you ex is inaccurate and/or biased, are the inaccuraci ..read more

Yes, it is possible, but not always possible, and when it is possible it is often very difficult to accomplish. Difficult not because custody evaluators are particularly competent (they typically are not, in my experience) but because the family law system appears to love custody evaluations. And why does the system love custody evaluations? One main reason: it takes the job of reviewing and analyzing the child custody evidence off the judge’s plate. Another reason: some courts honestly find custody evaluations truly informative. In fairness, a custody evaluator who gathers relevant facts, an ..read more

“Some false representations contravene the law; some do not. The law does not pretend to punish everything that is dishonest. That would seriously interfere with business, and, besides, could not be done. The line between honesty and dishonesty is a narrow, shifting one and usually lets those get by that are the most subtle and already have more than they can use.” Utah Family Law, LC | divorceutah.com | 801-466-9277  The post Clarence Darrow, from The Story of My Life excerpt appeared first on Divorce Utah ..read more

2024 UT App 54 – Tilleman v. Tilleman THE UTAH COURT OF APPEALS MICHAEL ROBERT TILLEMAN, Appellant, v. MICHAL CHRISTINE TILLEMAN, Appellee. Opinion No. 20210637-CA Filed April 11, 2024 Fourth District Court, Provo Department The Honorable M. James Brady No. 164402522 Julie J. Nelson, Attorney for Appellant, Douglas B. Thayer, Andy V. Wright, and Jessica Griffin Anderson, Attorneys for Appellee JUDGE GREGORY K. ORME authored this Opinion, in which JUDGES DAVID N. MORTENSEN and RYAN M. HARRIS concurred. ORME, Judge: ¶1        Michael Robert Tilleman (Father) an ..read more