Rocky Mountain Law - Family Law - Divorce - Probate - Estate Administration - Bankruptcy - Chapter 7

  What is the process for filing an appeal against a high court judge's decision? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) This totally depends on your jurisdiction. You need to real the rules. For example, in Utah, there are the  Utah Rules of Appellate Procedure . You need to read and follow those if you are in Utah. If you are in New York, then you need to real the  Practice Rules of the Appellate Division  - each set of rules are different — so start there. With that being said, generally, a party who wishes to appeal a high court judge's decision must file a Notice of Appeal with the court within 30 days of the date the order or judgment was issued. This Notice of Appeal must include the court's jurisdiction, the parties involved, and the relief sought. The court will then issue an order granting or denying the appeal. If the appeal is granted, the next step is to file a Record on Appeal. This is a written record of the proceedi...

  What are the benefits and disadvantages of being a custodial or non-custodial parent? Tim Cella used to work at several law firms There are pros and cons to each for sure. It depends on where you want to be. Most people want to be the custodial parent. The primary benefit of being a custodial parent is that it allows the parent to have control over the upbringing of the child. Custodial parents are typically responsible for making decisions regarding the child’s health, education, and other major aspects of the child’s life. This can be beneficial for both the parent and the child, as it allows the parent to be actively involved in the child’s development and growth. Additionally, custodial parents may receive child support from the non-custodial parent, which can help provide financial stability for the child. On the other hand, the primary disadvantage of being a custodial parent is the responsibility associated with the role. Custodial parents are responsible for providing for...

  What is the best state to do joint custody? Tim Cella used to work at several law firms I think the law requires that you do joint custody in the state in which you are residing. You reside in the state where you are domiciled, meaning you have the subjective intent to remain there. I don’t think you can just pick and choose what state you can do joint custody. With that being said, if you’re moving states, please keep in mind that joint custody is a complex part of family law. Generally speaking, the states that are the most favorable to joint custody are those that promote a relationship between both parents and the child, and that work to protect the rights of both parents and the child. I believe all states will want to do this. I know that some states require a period of  mediation  or a parenting plan before joint custody is granted, and other states may have a preference for joint custody over sole custody. Additionally, some states require a court order for join...

  What happens if a spouse hides assets during a divorce? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Just now It’s been a few years, but I remember reading about how a lady won the California lottery and hid it from her husband and got divorced. It was discovered years later and her now ex-husband went back to court because she hid the winnings and failed to disclose. The judge granted the ex-husband all of the money.  The link is here to that case . When a spouse hides assets during a divorce, it can be considered a form of financial fraud known as "asset dissipation," which is a serious offense. In most jurisdictions, asset dissipation is considered a crime, and can be prosecuted. It is also considered a form of civil fraud, and can be grounds for a civil lawsuit. When a spouse is found to have hidden assets during a divorce, the court will usually order them to return the assets, or to pay the other spouse an equitable amount as compensation....