Legal Help Blog

You started a divorce, hired a great attorney that was recommended to you, and now costs are ballooning out of control. It's been 9 months and it feels like you're no closer to a divorce settlement than when you started. The reason you're not done is likely for one of two reasons: Your spouse is being unreasonable. You are being unreasonable. No, it's not your attorney. Despite the wide range of talents in the legal field here in Utah, I feel confident in stating that they all are competent in the basic flow of divorce cases and can and want to get you to the finish line (or risk malpractice). Some attorneys are better at negotiation than others, but all of them are likely smart enough to identify a good deal and tell you to take it. It's either you or your spouse, and -- spoiler -- it's probably you. You Should Be More Reasonable If your divorce has stalled, you need to ask yourself why. Take an honest look at everything you're asking for. Are

Custodial interference is where a parent refuses to honor a parent time order. Parents not following a parent time order are at risk for custodial interference. If you do not have an order, there is no custodial interference. This article will help you understand what you need to do if the other parent is refusing to let you contact the child, or what you should do if the other parent wants contact. 1. What You Should Do If You Cannot See Your Children. This is a common problem. One parent moves out and the other has the children. The parent with the children is withholding parent time, and you are feeling powerless and are missing your children. These situations are a difficult one to bear. Unfortunately, calling the police will not help, and unless the children are in danger of immediate and irreparable harm, there's little you can do to change things immediately. Your best course of action if there's no danger is to immediately file with the court. File a petition for

If you failed to follow a condition of probation, you will receive a notice to appear for an Order to Show Cause hearing. This article will help you know what to expect, and what to do in Utah. Order to Show Cause: What to Expect You will will have certain conditions you will need to comply with as a result of probation. You almost always will have to pay a fine, and not violate any further laws. Depending on the type of conviction, you may need to get an evaluation for drug, alcohol or domestic violence treatment. This is not an exhaustive list, and you should refer to your probation agreement for further requirements. After your conviction, you were, at some point, sentenced to do certain things. You may have heard the judge say that you were being sentenced to pay $1500 and serve 180 days in jail. You may have also heard the judge say that he is suspending all but $600 dollars (for example) and all 180 days in jail. What this means is that as long as you were successful on pr

Christmas Holiday Parent Time is the most confusing of all holiday parent time. This article will help you understand how to determine who gets time when, and how long it should last. 1. When does Christmas Holiday Parent Time begin and end? The answer to this question is simple, but you wouldn't think so based on how many statutes you have to read. The simple answer is that Christmas break, for purposes of parent time, begins the day they get out of school for break, and ends the evening before they go back to school. 2. How Long is the Break for Parent Time Purposes? For the purposes of parent time, you start counting from the day they get out of school and count all the way to the day before they go back. This is the total amount of days, and is an important number to help you determine how long and when each parent should exercise parent time. 3. How Long Is Each Parent's Chunk of Christmas Holiday Parent Time? Once you have the total number of days, divide i

A protective order is one possible way to protect yourself from further abuse. In order to get a protective order, you will need to do a few things. This article will focus on what you need to know and do to get a protective order. It will also help you to know what you need to do if you are served with an order. A protective order can be the first step towards taking back control of your life. 1. Prerequisites for a Protective Order The first thing you need to know is that a protective order is only available to individuals who have been abused or subject to domestic violence, or who were placed in a situation where they reasonably feared that they would be abused. If you are a victim of domestic violence, you may be reluctant to admit that you are a victim. The courts are looking for physical abuse, however. If your spouse is causing you emotional abuse, this is not the proper avenue for protection. Domestic violence opens the door to other potential abuses, including felo

Alimo ny is an important part of any divorce. In my experience, alimony is often misunderstood by the spouse who is going to pay, and the spouse who needs support. The paying spouse often perceives alimony as the greatest injustice a court can inflict. The spouse who needs support often does not want alimony because they don't want to be unfair to the other spouse, or they seek an unreasonable amount. Whether you are paying alimony, or receiving it, this article will help you determine what is fair, and when it is even warranted. 1. The Court Sees Your Income as Belonging to Both Spouses. A typical marriage has one person working and another person staying home. Sometimes both parties work, but often one spouse works and makes more than the other. The court sees your marriage as a legal partnership, and income of one spouse belongs to both partners. Unless you have some agreement stating otherwise, the court will want to make sure that the other spouse is taken care of. The

A petition for divorce or custody is the gateway to getting your decree. If you want child support or a set schedule to see your children, you will need a decree. This guide will focus on parenting issues. You can find information on real property, personal property and alimony in their corresponding articles. What follows is 5 Tips For your Petition and navigating your divorce. 1. Go For the Status Quo on Custody. Do you want your divorce to go fast? Do you want to save money? One question you will have to answer when drafting your petition is whether you want sole or joint custody of your children. In Utah, Custody is split into two types: Physical, and Legal. Simply put, physical custody dictates how often each parent has the children residing with them. Legal custody governs decision making and access to records for your child. In Utah, courts will default to joint legal custody, unless you can show a good reason why not. As far as physical custody goes, the courts will often