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Archive for the ‘Divorce’ Category

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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When a spouse grossly misuses property of the marriage, to include cash or money earned by either of the spouses, this is termed “waste of the marital estate.” Examples of waste of the marital estate include, but are not limited to money spent on extramarital relationships or gambling.  Marital assets expended on habits or hobbies by [...]

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I just happened to run across this interesting article, “Best & Worst Times – Financially – to Split Up.”  Interesting thoughts, though I don’t necessarily agree with everything in the article (see my prior posts on those subjects).  

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The most common extra-marital asset or property that a spouse may receive  during the marriage is an inheritance from a spouse’s parent(s).  This asset is not treated as income like wages or other earnings earned during the marriage, in part, because the spouse did not receive the inheritance due to the receiving spouse’s efforts during the [...]

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The biggest difficulty in separating out each spouse’s property and/or debts from marital property, or the “marital estate,” is that most times spouses will commingle their property and/or debts during the marriage.  Unless a very clear accounting is kept making it clear that the intent of the spouses was to maintain the property or debt [...]

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