Posts by Mark Zocher
What’s the Law on Inheritance Without a Will?
Most people have heard of a last will and testament, which is a legal document that provides instructions for the estate administration of a deceased person’s assets and property. However, when someone dies without a will, it can be difficult for the family to determine how the estate will be distributed. Fortunately, there are inheritance…
Read MoreCommon Questions about Divorces in Utah
Getting divorced from your spouse is never an easy process. On top of filing paperwork and necessary attorney fees, the emotional distress that divorcing parties go through constitutes the unquantifiable cost of a divorce. Whether or not you have children, opting for the dissolution of a marriage and getting a divorce is difficult. What are…
Read MoreFive Questions to Ask When Making a Will
Creating a will and naming heirs are scenarios that are not limited to the movies. They involve an actual legal document that must follow relevant estate law. Drafting wills, estate planning, and estate administration are matters that you should take very seriously. Below are five questions to ask when writing a will: 1) Why do…
Read MoreTermination of Parental Rights in Utah
Being a parent isn’t easy, and it comes with legal rights and responsibilities to your children. However, there are instances when a parent can’t provide for their child’s needs. Under such circumstances, it may be in the best interest of the child to terminate the parental rights of their irresponsible guardian. Termination of parental rights…
Read MoreBad Legal Advice: taking advice from friends, relatives & coworkers vs. taking advice of a lawyer
Over on my How to Use a Lawyer blog, I posted a blog with the title above. For some reason, this seems to continue to happen all the time, but especially in family law matters, where everyone else seems to know better.
Read MoreNo, seriously, if you sit on your rights, you stand to lose them
It is always frustrating to try and help a client who has come to me (the attorney) for help after there have been significant negative events happening in their situation without responding or mitigating the damage. A client may come consult with me, I explain what needs to happen, they don’t do anything to protect…
Read More“Common Law” marriage in Utah
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 this chapter shall be legal…
Read MoreThe connection between child support and visitation/parent time: there is none
In Utah, as I imagine it is in most states, child support and visitation are not connected. In other words, just because a parent doesn’t pay court-ordered child support doesn’t mean the non-paying parent doesn’t get visitation with the children. In other words, not receiving child support that you are owed is not a legal…
Read MoreUtah Divorce 90 Day Waiting Period Loophole Closed
In the 2012 legislative session, the Utah legislature passed a law that closed the loophole to the 90 day waiting period to obtain a divorce. The law for some time has been that there is a 90 day waiting period from the date of filing a divorce to the date the divorce can be granted.…
Read MoreWhy mediations fail
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 are not yet ready to…
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