Salt Lake City Divorce Law Blog

Will my Child Have to Testify in Court?

As a child, I was scared of a few things.

 

First among those things was open bodies of water. Yep, if the water wasn't enclosed and I couldn't see the bottom, there was no chance on the green earth I was dipping in my toe.

 

My fear stemmed from the completely irrational idea that a sea monster (think Jaws) would eat me. I know now, as I knew then, that the actual chance of being eaten by a sea monster is essentially zero. But that didn't matter; I was scared just the same.

What Tagliatelle al Ragù Can Teach Us about Practicing Law

I recently spent ten days in Venice with my son for spring break vacation.

 

I've spent a lot of time in Italy over the years. I lived there when I was nineteen and fell in love with the place. My wife sings opera and sings there every so often. I just can't stay away.

 

I am what you would call and Italophile.

 

I especially love Italian food. With all due respect to French food, which declares itself the apex on gastronomy, it ain't got nothin' on la cucina povera.

 

And, perhaps, the summit of Italian food is the Bolognese dish: tagliatelle al ragù.

What Are You Really Paying for When You Hire an Attorney?

96% of divorce and family law cases in America are billed "by the hour."

 

This means attorneys bill for the time spent working on a case. To be more specific, attorneys bill minimum increments of time (e.g., .1 hours (6 minutes), .2 hours (12 minutes)) for each task they work on.

 

So, if you call an attorney and talk about your case for five minutes, you'll be billed either .1 or .2 for the phone call. Same for emails.

Reason 1001 Why You Should Get Paid 100% for the Divorce Cases You Work

This is a post to divorce attorneys, from a divorce attorney.

 

I've been around enough divorce attorneys to know there's an epidemic among us: we don't get paid for the work we do.

 

Well, we get paid some for what we do. But more often than not, clients simply don't pay for the work we do and bill.

 

In large part, this is our fault as attorneys, and here are a few reasons why:

My Ex Is Taking my Kids on Vacation; Can I Get an Itinerary?

When you're married, you probably know where your spouse is almost all the time. At least you have some general idea: work, church, with friends, bowling, wherever.

 

By contrast, when you get divorced, you don't know where your ex is, and that's a healthy thing. You don't get to micromanage each other in divorce (although, believe me, I've seen people try).

 

So, as a general proposition, this not knowing is healthy and normal. There are times, though, where not knowing causes anxiety.

Potential Client Conflict Checks: Why You Should Ask Everyone to Spell Every Name

I'm going to share something: I don't like doing potential client conflict checks on the phone. The universe of conflict checks on people who call in and make appointments is so wide it's bound to create problems.

 

On the phone your intake specialist (or, more accurately for most law firms, your receptionist/phone screener/paralegal/office manager/gopher) has to, within a matter of seconds, run a conflict check to ensure you haven't talked or met with the opposing party to whomever is calling in.

 

Depending on how easy it is to search names in your system and how many people you meet with per month, getting these conflict checks right can be a real problem.

If I Owe Back Alimony and I'm Remarried, Can my Ex Take my New Spouse's Property or Money?

You divorced a few years back, and you've moved on with your life and remarried. Good for you.

 

Now, you've run across some hard times (e.g., lost a job, got injured) and you're behind on your alimony.

 

Usually, this is a problem with an easy fix: you pay a bit more over time until you're caught up. It's not ideal, but it's pretty straightforward.

 

The complication you face is your new spouse. How might this back alimony affect her/him? Can your ex take your new spouse's money or property?

Utah Divorce Order to Show Cause: Order to Show Cause Checklist

This is the last in a series of posts about enforcing Utah divorce decrees.

 

So far, I've provided the following:

 

1. The possible penalties/punishments for violating a divorce decree.

 

2. How to file a motion for contempt (i.e., a motion for an order to show cause).

 

3. A template sworn declaration.

 

4. A template order to show cause.

Utah Divorce Order to Show Cause: Order to Show Cause

In previous posts, I've given you Brown Law's template for its Motion for Order to Show Cause, as well as its Sworn Declaration.

 

I've also laid out what an order to show cause is, and the potential penalties/punishments for violating a divorce decree.

 

Today, I'll give you the third and final document you have to file with the court when you file an order to show cause (i.e., a motion for contempt).

 

This document is the Order to Show Cause itself.

How Long Do You Have to Be Married to Get Alimony in Utah?

Alimony is one of the most discussed topics when people come in for their Roadmap and Recovery Sessions (i.e., new client consultations). And with good reason: it's really important.

 

Alimony will affect how you and your soon-to-be ex will live for the next who-knows-how-many years.

 

It can be a lifeline for a spouse that has stayed at home and raised children. Conversely, it can be a serious burden to a spouse already paying child support.

 

Alimony is really a function of two things: (1) time and (2) need.

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