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“Common Law” marriage in Utah Posted on July 30, 2012, by
At times the issue of common law marriage arises in the context of divorcing parties, or separating parties, or those who need to establish a legal marriage relationship.  Utah law on the subject is as follows:  30-1-4.5.   Validity of marriage not solemnized. (1) A marriage which is not solemnized according to...
Why mediations fail Posted on February 24, 2012, by
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...
Mediation requires full disclosure Posted on February 17, 2012, by
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...
How to pay child support Posted on February 14, 2012, by
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...
Why mediation works Posted on November 17, 2011, by
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...
Crazy making behavior Posted on November 4, 2011, by
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...
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