Comments for Family Law Explained

Comment on Divorce by paulwaldron

paulwaldron — Thu, 26 Jan 2012 23:28:18 +0000

Ian, In Utah, all other things being equal (meaning that the Decree of Divorce generally follows the statutory provisions regarding child custody and parent-time as found in Sections 30-3-10 through 30-3-10.9 and 30-3-32 through 30-3-40, U.C.A.), pursuant to Section 30-3-37, U.C.A. you can request a hearing, even an expedited hearing (see subsection (12)) before the court to review the parent-time order. A more aggressive option is to file a petition to modify your decree of divorce. The court will look at the factors found in the statutes cited above, as well as the factors found in Rule 4-903, Uniform custody evaluations, Rules of Judicial Administration, especially subsection (5). A noncustodial parent must marshal significant facts to overcome the status quo of the existing ordered custody arrangement. Oft times the noncustodial parent will have to engage an expert witness in the form of a custody evaluator, which is considered quite costly to most parents. If the facts and circumstances are right and the noncustodial parent can gather enough evidence/facts (witnesses, documents, other experts), a custody evaluation is not always necessary. However, if a parent decides to proceed without a custody evaluation because of expense, that saved expense is often then expended on the lawyer having to prepare all the evidence for presentation to the court at trial that the custody evaluator would otherwise have considered and included in the custody evaluation report. Another benefit to a custody evaluation is that it often leads to the parties to settlement without having to go to trial. This is not to say that a custody evaluation is always the best way to go for a parent, but is an option to be carefully considered by a parent with their lawyer before deciding whether or not to take that course of action. To summarize, a parent in Utah has two options to protect their visitation rights, request a hearing before the court by motion or petition the court to modify the existing court orders regarding custody and parent-time.

Comment on Divorce by Ian

Ian — Thu, 26 Jan 2012 21:55:25 +0000

I’m a noncustodial parent that has visitation rights every other weekend with my daughter. The mother is threatening to take the child and leave. My question is what can I do to protect my visitation and rights to see my child so that she isn’t taken away from me (out of state) ?

Comment on Extra-marital property by Property Settlement

Property Settlement — Sat, 10 Dec 2011 20:00:54 +0000

There are several factors to a family law financial property settlement which the court will consider. These factors can include:
1. Assets held by each party including superannuation
2. Domestic duties performed by either party such as household chores
3. Who looked after the children
4. Gifts received by either party
5. How much did each party contribute financially
6. Any inheritances

Comment on Extra-marital property by paulwaldron

paulwaldron — Sat, 10 Dec 2011 15:31:54 +0000

This specific comment appears to be specific to Australia, but it is generally true in many, many other jurisdictions. These kinds of cases are cases “in equity” rather than “at law,” meaning that the court has great latitude to come up with a “fair” result rather than a legally determined “money judgment.” Generally “just and equitable” means that the court will start from a position of equal (50/50), but may move from that based on the specific facts of a case and what may seem “fair” to one party in these cases may not seem so to the court or the other party.

Comment on Why mediation works by paulwaldron

paulwaldron — Sat, 10 Dec 2011 15:26:39 +0000

Absolutely! Family law cases are generally not well suited for traditional courts, but often traditional courts are the only forum seen for resolution. Collaborative law is better alternative in most family law cases, and people seeking relief in these kinds of cases should seriously consider collaborative law.

Comment on “I don’t understand zero” by paulwaldron

paulwaldron — Sat, 10 Dec 2011 15:24:35 +0000

This comment appears to relate specifically to Australian family law, though something similar exists in many other jurisdictions.

Comment on How to avoid a divorce by not getting married by paulwaldron

paulwaldron — Sat, 10 Dec 2011 15:23:34 +0000

This comment appears to relate to Australian family law.

Comment on Extra-marital property by Property Settlement

Property Settlement — Sat, 10 Dec 2011 04:45:50 +0000

Under the law, courts are required to find a “just and equitable” outcome when couples end their relationship and their property needs to be divided between them. The term “just and equitable” is a legal expression for what most people would call “fair”. So, what courts are required to do is come up with a “fair” result.

Comment on Crazy making behavior by Divorce Book how to hire nd managed your divorce

Divorce Book how to hire nd managed your divorce — Sat, 10 Dec 2011 04:42:29 +0000

This book, written by the founder of Aussie Divorce, is about doing your divorce ‘well’. It demystifies the divorce process and helps you keep an eye on your objectives. It will also keep money in your pocket – not your lawyers, and is an excellent resource when compiling all your information and choosing your lawyer.

Written with the assistance of an experienced Family Court Barrister.

Comment on Why mediation works by Collaborative Family Law

Collaborative Family Law — Sat, 10 Dec 2011 04:04:48 +0000

If your marriage is ending, you may feel overwhelmed. Collaborative Family Law (also called Collaborative Divorce or Collaborative Practice) is a structured process that provides an alternative to going to court. The Collaborative approach offers you the opportunity to focus on what is important to you, your family and your future.