The Ugly Side of Divorce: Trial Prep

There is a law of the universe - or my life at least - that says "if something can go wrong, it will go wrong"  There is never a time when this is more true than when doing trial prep.

This comes as a surprise to most clients, but most all of the work that goes into trial happens long before showing up to the courtroom and getting sworn in as a witness.  The attorneys put in hours - HOURS! - meticulously preparing documents to use at trial.  Gathering statements, making charts and other demonstrative documents, organizing things, basically planning out the entire trial - piece by piece - until the case is proven.  Once you've carefully selected or prepared you exhibits, you have to organize them by topic, anticipate the order you'll want to use things, figure out which witness will be able to present the exhibit to the court, digitize the exhibits the exact way you plan to use them, and then put them in neat little binders organized by tabs and make 4 copies.

This all has to be planned, prepared, and sent to the other attorney a full month before trial happens.  That means there are no surprises at trial.  You know a month before trial happens exactly what is coming.  It also means that you don't get to surprise the other side.  Nevertheless, no amount of planning and scheduling to meet your deadlines will prevent the worst from happening.  When the deadline is on and the pressure is building, everything falls apart.  Every. Single. Time.

In order to prepare trial exhibits for a trial I have in October, I responsibly declined Labor Day travel plans so that I could do just such trial preparations as outlined above.  But because everything that can go wrong will go wrong, things didn't go quite as expected.

After spending an embarrassing amount of time trying to get myself into the new building/office suite (think: lost keys, holiday locks, digital keycards that don't work), the scanner wouldn't scan, the printer ran entirely out of paper (we ruin a lot of trees trying to prepare for trial), email inboxes are full and therefore won't send or receive any emails (which doesn't end up mattering because the scanner doesn't work anyway), and stacks of papers end up piled in nearly every corner of the office to the point where we couldn't remember which stuff was trash and which stuff was important.  Somewhere around midnight, I nearly quit my job.  Somewhere around 2 am, I thought to myself "This might actually work out".  And somewhere around 4 am when I was packing up to go home and go to bed, I was elated that 1) everything was done and 2) the documents could prove exactly what I wanted to prove at trial.

Moral of the story: the process is hell but worth it in the end.  I have trial in 4 weeks and I've done 90% of the preparations for my case.  When we show up to court, the clients will never understand that what happens in that courtroom is already planned, known, and reviewed by the judge and attorneys involved.  Instead, they will be overwhelmed by the same emotions that already overwhelmed their attorneys a full month earlier.

Top 10 Tips to Prepare for Court

If you're never been to court, there are a few things you will want to know!  

Is Utah a Pro-Mom State?

If you're divorced with children, or know anyone who is divorced with children, or have ever known someone who had kids with a person they are not married to (or maybe have never been married): this blog is for you!

Parent-time is a complicated issue.  The best place to start is to get information about options.  Utah is not pro-mom or pro-dad; this state is pro-child.  The court will usually try to find the custody arrangement that most closely mirrors what the children have historically experienced, acknowledging that changes will happen when you split one home into two.  As such, there is no one formula because no two families are identical and no two children have the exact same needs.  If one of the parents was a stay-at-home parent, it is more likely that parent will have primary custody of the children after separation or divorce.  If the parents both work and the children have been in a daycare or with a nanny, expect to have similar child care arrangements after a divorce.  Custody schedules are less about tailoring the order around the parents and more about fitting the parents' schedule around the kids' needs.  Both parents are important, certainly, but showing your historical patterns can be key in determining how custody should work.

But there are a few quick things to know:

1. Utah law says that parents will have joint legal custody as a default.  There are ways around this, but you will have some hurdles to overcome.  There is no default regarding physical custody.
2. One parent having sole physical custody doesn't mean that the other parent doesn't have parent-time, nor that the custodial parent gets to choose the other parents' visitation schedule.  It merely means that one parent has less than 111 overnights per year.  There is still a custody schedule and you still have rights.  
3. The new "optional schedule for kids 5 to 18" is not a default parent-time schedule, nor is it the only joint custody schedule available.  If you are interested in joint custody scheduled, more information can be obtained from an attorney or a custody evaluator.

If you have questions about how your parent-time schedule should work or if you are unsure whether you need to update your custody order, call for a free 30 minute consultation. Call Jenna Hatch at Pearson Butler at (801) 996-3859.

The contents of this blog do not constitute legal counsel.  We understand that every case is different.  For legal advice regarding your case, contact an attorney for individualized information.  Attorney-blogger Jenna Hatch can be reached at Pearson Butler at (801) 996-3859.    

Who Am I?

What happens when a recent law school grad takes a job as a divorce attorney in Salt Lake City?  A few losses, a few more wins, and many many adventures!

My name is Jenna Hatch and I am a 30-something year old family law attorney who never meant to practice law.  Go to law school, they said.  You can do anything!, they said. And it was true- mostly.  A year after law school (following many adventures and some soul-searching) I found myself with an unexpected job offer to work as a divorce attorney in Utah.  It was the one thing I was *never* going to do, but the next thing I knew, there I was, Utah's newest litigator.  Here I am, six years later, and I love it. I love helping people - you! - navigate the crazy court system while trying to improve families, homes, and lives generally.

This blog will be the home of information, stories, and adventures.  In short, it is the insider scoop on all things you need to know regarding family law.  Welcome to my life, I hope you enjoy the show!


For more information or for a free 30 minute consultation, contact Pearson Butler at (801) 996-3859 and mention this blog.  We have office located in South Jordan and Bountiful for your convenience.

Utah Statutory Parent-Time: 30-3-35

30-3-35.  Minimum schedule for parent-time for children 5 to 18 years of age. 

(1)	The parent-time schedule in this section applies to children 5 to 18 years of age.

(2)

If the parties do not agree to a parent-time schedule, the following schedule shall be considered the minimum parent-time to which the noncustodial parent and the child shall be entitled. (a) (i) (A) One weekday evening to be specified by the noncustodial parent or the court, or Wednesday evening if not specified, from 5:30 p.m. until 8:30 p.m.; (B) at the election of the noncustodial parent, one weekday from the time the child's school is regularly dismissed until 8:30 p.m., unless the court directs the application of Subsection (2)(a)(i); or (C) at the election of the noncustodial parent, if school is not in session, one weekday from approximately 9 a.m., accommodating the custodial parent's work schedule, until 8:30 p.m. if the noncustodial parent is available to be with the child, unless the court directs the application of Subsection (2)(a)(i)(A) or (2)(a)(i)(B). (ii) Once the election of the weekday for the weekday evening parent-time is made, it may not be changed except by mutual written agreement or court order. (b) (i) (A) Alternating weekends beginning on the first weekend after the entry of the decree from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year; (B) at the election of the noncustodial parent, from the time the child's school is regularly dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of Subsection (2)(b)(i)(A); or (C) at the election of the noncustodial parent, if school is not in session, on Friday from approximately 9 a.m., accommodating the custodial parent's work schedule, until 7 p.m. on Sunday, if the noncustodial parent is available to be with the child unless the court directs the application of Subsection (2)(b)(i)(A) or (2)(b)(i)(B). (ii) A step-parent, grandparent, or other responsible adult designated by the noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the individual, and the parent will be with the child by 7 p.m. (iii) Elections should be made by the noncustodial parent at the time of entry of the divorce decree or court order, and may be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the child's schedule. (iv) Weekends include any "snow" days, teacher development days, or other days when school is not scheduled and which are contiguous to the weekend period. (c) Holidays include any "snow" days, teacher development days after the children begin the school year, or other days when school is not scheduled, contiguous to the holiday period, and take precedence over the weekend parent-time. Changes may not be made to the regular rotation of the alternating weekend parent-time schedule; however, birthdays take precedence over holidays and extended parent-time, except Mother's Day and Father's Day; birthdays do not take precedence over uninterrupted parent-time if the parent exercising uninterrupted time takes the child away from that parent's residence for the uninterrupted extended parent-time. (d) If a holiday falls on a regularly scheduled school day, the noncustodial parent shall be responsible for the child's attendance at school for that school day. (e) (i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period. (ii) (A) At the election of the noncustodial parent, parent-time over a scheduled holiday weekend may begin from the time the child's school is regularly dismissed at the beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend; or (B) at the election of the noncustodial parent, if school is not in session, parent-time over a scheduled holiday weekend may begin at approximately 9 a.m., accommodating the custodial parent's work schedule, the first day of the holiday weekend until 7 p.m. on the last day of the holiday weekend, if the noncustodial parent is available to be with the child unless the court directs the application of Subsection (2)(e)(ii)(A). (iii) A step-parent, grandparent, or other responsible individual designated by the noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the individual, and the parent will be with the child by 7 p.m. (iv) Elections should be made by the noncustodial parent at the time of the divorce decree or court order, and may be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the child's schedule. (f) In years ending in an odd number, the noncustodial parent is entitled to the following holidays: (i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday; (ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled; (iii) spring break beginning at 6 p.m. on the day school lets out for the holiday until 7 p.m. on the Sunday before school resumes; (iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday; (v) Labor Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled; (vi) the fall school break, if applicable, commonly known as U.E.A. weekend beginning at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled; (vii) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the holiday; and (viii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire holiday period is equally divided. (g) In years ending in an even number, the noncustodial parent is entitled to the following holidays: (i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday; (ii) President's Day beginning at 6 p.m. on Friday until 7 p.m. on Monday unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled; (iii) Memorial Day beginning at 6 p.m. on Friday until Monday at 7 p.m., unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled; (iv) July 24 beginning at 6 p.m. on the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday; (v) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the holiday; (vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.; (vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m.; and (viii) the second portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b), beginning 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or at 7 p.m. if there are an even number of days for the holiday period, so long as the entire Christmas holiday period is equally divided. (h) The custodial parent is entitled to the odd year holidays in even years and the even year holidays in odd years. (i) Father's Day shall be spent with the natural or adoptive father every year beginning at 9 a.m. until 7 p.m. on the holiday. (j) Mother's Day shall be spent with the natural or adoptive mother every year beginning at 9 a.m. until 7 p.m. on the holiday. (k) Extended parent-time with the noncustodial parent may be: (i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays; (ii) two weeks shall be uninterrupted time for the noncustodial parent; and (iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent. (l) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation. (m) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days prior to the end of the child's school year to the other parent and if notification is not provided timely the complying parent may determine the schedule for extended parent-time for the noncomplying parent. (n) Telephone contact shall be at reasonable hours and for a reasonable duration. (o) Virtual parent-time, if the equipment is reasonably available and the parents reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration, provided that if the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration: (i) the best interests of the child; (ii) each parent's ability to handle any additional expenses for virtual parent-time; and (iii) any other factors the court considers material.

(3)	Any elections required to be made in accordance with this section by either parent concerning parent-time shall be made a part of the decree and made a part of the parent-time order.

(4)	Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended beyond the hours designated in Subsection (2)(g)(vi).