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Archive for the ‘Divorce’ Category

In the 2012 legislative session, the Utah legislature passed a law that closed the loophole to the 90 day waiting period to obtain a divorce. The law for some time has been that there is a 90 day waiting period from the date of filing a divorce to the date the divorce can be granted. [...]

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I was attending a continuing legal education seminar the other day entitled, “Domestic Mediation: Who, What, Where, When, Why?,” presented by a local attorney master mediator whom I really respect.  One of the topics covered was the question, “Why Mediations Fail?”  Here are the points that were made: The parties are not yet ready to [...]

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Today I represented a client at mediation.  The mediation did not result in a negotiated agreement that resolved the case.  The mediator did a fine job.  So why didn’t the case get resolved?  The obvious, broad answer is that the parties were unable to reach a compromise, so the real underlying question is, what kept [...]

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Here is a problem we run into all the time: a parent pays the other parent child support with cash, in kind (with stuff like groceries, diapers, etc.) or a check without noting it is “child support.”  Why is this a problem?  Because if the receiving spouse then goes to the court or the Office of Recovery [...]

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Mediation is generally very successful in family law cases.  It provides a safe forum for people to sit down and communicate respectfully regarding their concerns and desires, as well as to have their reality challenged if they are a bit off.  The setting is confidential, so nothing that is said in mediation can be used [...]

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In our community of family law practitioners, we have heard some local mental health treatment providers use the phrase, “crazy making behavior.”  This phrase specifically refers to people who engage in behaviors that make you want to go crazy because they don’t make sense, they are irrational, etc.  There are many reasons that a party [...]

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There is a saying going around our community of family law practitioners that was started by a domestic commissioner here, “I don’t understand zero.” A parent will be hauled into court for failure to pay child support.  The parent will say that they have lost their job, or their income has been reduced for some [...]

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NEWSRELEASE October 5, 2011 UVU’S LEGAL STUDIES PROGRAM TO SPONSOR FREE LEGAL CLINIC Through a joint effort between Utah Valley University’s Legal Studies Program and the local legal community, those in need of legal services will be able to receive free legal advice at a clinic scheduled for Oct. 25 in the UVU Library. “This [...]

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I just posted over on my How to Use a Lawyer blog about just finding that Steve Averett updated his Utah Marriage & Divorce Laws to the 2010 statute.

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I was in court the other day contesting a temporary restraining order (TRO) that had been brought against my client to prohibit my client from enrolling the parties’ children in a new school after my client had moved, even though my client-parent is the primary caregiver. The opposing party-parent claimed that my client-parent, allegedly based on [...]

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