If you are considering filing for divorce—or if your spouse has already filed—you’ve probably consulted with a divorce lawyer (or should). You likely have your own views (and blind spots)…
Divorce has many components, one of which often includes litigating in court. Ensuring a fair outcome in your divorce case requires more than just going to court and arguing. One…
In a Utah divorce, retirement assets are often among the most valuable marital assets to divide. Retirement accounts such as 401(k)s, IRAs, pensions, and government or union retirement plans are…
Beverlin v. Beverlin - 2025 UT App 72 THE UTAH COURT OF APPEALS STEVEN K. BEVERLIN, Appellee, v. GAIL W. BEVERLIN, Appellant. Opinion No. 20230597-CA Filed May 22, 2025 Second…
As you know, we’re operating in a drastically different real estate market than we were even a year ago — and it’s impacting divorcing homeowners in unique and challenging ways.…
Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…
As a legal assistant at a family law firm (and as a soon to be law school graduate), I see firsthand how the current no-fault divorce regime can create problems…
A house does not need to be vacant to be appraised and evaluated. The appraiser(s) can inspect and evaluate the house while you're spouse or ex-spouse is still living there…
The decisions to marry and to end a marriage are not decisions to be taken lightly. If divorce is ever an easy choice, something is terribly wrong. Wrong with the…
Dutcher v. Dutcher - 2025 UT App 21 THE UTAH COURT OF APPEALS DAVID THOMAS DUTCHER, Appellant, v. AUDREY PARK DUTCHER, Appellee. Opinion No. 20230332-CA Filed February 21, 2025 Third District…
Krajeski v. Krajeski - 2025 UT App 19 Oral argument (Utah Court of Appeals archive): https://youtu.be/LoIy9N8wThc THE UTAH COURT OF APPEALS TAMI KRAJESKI, Appellee, v. DAVID L. KRAJESKI, Appellant. Opinion No. 20230174-CA…
We won’t keep you in suspense: yes, you might be able to buy a house before or during the pendency of a divorce case. However, in most cases, you should not.…
In divorce litigation, strong, compelling evidence is the cornerstone of successfully navigating critical legal determinations. When significant issues such as child custody, child support, property division, marital debt allocation, and…
I cannot answer this question as it applies in all jurisdictions, but I can answer it as it applies in Utah, the jurisdiction where I am licensed to practice divorce…
Small v. Small - 2024 UT App 173 THE UTAH COURT OF APPEALS NATHAN DALE SMALL, Appellant, v. TRISHA DAWN SMALL, Appellee. Opinion No. 20230487-CA Filed November 29, 2024 First…
Chlarson v. Chlarson - 2024 UT App 160 THE UTAH COURT OF APPEALS JUSTIN THOMAS CHLARSON, Appellant, v. JACQUELINE NICOLE CHLARSON, Appellee. Opinion No. 20230742-CA Filed November 7, 2024 Second…
2024 UT App 156 THE UTAH COURT OF APPEALS AMANDA GODFREY, Appellee, v. RANDY GODFREY, Appellant. Opinion No. 20210871-CA Filed October 31, 2024 Third District Court, Silver Summit Department The…
2024 UT App 157 THE UTAH COURT OF APPEALS MARI HOIDAL, Appellee and Cross-appellant, v. JOHN BERRY, Appellant and Cross-appellee. Opinion No. 20220291-CA Filed October 31, 2024 Third District Court,…
Duffin v. Duffin - 2024 UT App 154 THE UTAH COURT OF APPEALS JAMES MARLO DUFFIN JR., Appellant, v. BRANDY ELIZABETH DUFFIN, Appellee. Opinion No. 20221046-CA Filed October 31, 2024…
Lunt v. Lunt - 2024 UT App 148 THE UTAH COURT OF APPEALS MEGAN LUNT, Appellee, v. DREW E. LUNT, Appellant. Opinion No. 20220596-CA Filed October 18, 2024 Third District…
We are not meant to be alone. We are meant to be married and to have a family. This is why losing/ending a marriage (and breaking up a family, if…
This is not an easy decision to contemplate for most people of your age. If you married in your twenties, then you are likely at least 57 years old when…
If he wasn’t ordered to move out, and if you weren’t awarded sole possession, occupancy, and use of the marital residence, then he is under no obligation to move out.…
This is an area where the laws differ substantially from jurisdiction to jurisdiction. To know what options may be available to you in your jurisdiction, you need to consult with…
We’ll start with this: The marital estate is generally valued at the time of the divorce decree or trial. Goggin v. Goggin, 2013 UT 16, ¶ 49, 299 P.3d 1079. The…
Merrill v. Merrill - 2024 UT App 94 THE UTAH COURT OF APPEALS LUTISHA MERRILL, Appellee, v. JOHN RICHARD MERRILL, Appellant. Opinion No. 20210785-CA Filed July 11, 2024 Third District…
Thorup v. Thorup - 2024 UT App 93 THE UTAH COURT OF APPEALS MONA THORUP, Appellee, v. MARCUS THORUP, Appellant. Opinion No. 20220583-CA Filed July 5, 2024 Third District Court, Salt…
If you find yourself involved in a Utah divorce action (whether child support will be an issue or not) or an action over the support of minor children in Utah…
I can’t speak to what the law governing prenuptial agreements is in any jurisdiction other than the one in which I practice divorce and family law (Utah), but as to…
I can't speak for the law in all jurisdictions, but I can tell you what the law is where I practice divorce law (Utah). Can your spouse ask you to…
It’s fair. It’s not fair. Frankly, reasonable minds can differ on this question. The governing principle in the USA is still (though it’s subtly and slowly changing) in most jurisdictions…
Elder v. Elder - 2024 UT App 68 THE UTAH COURT OF APPEALS BRITTANY LEE ELDER, Appellee, v. MATT BLAKE ELDER, Appellant. Opinion No. 20210902-CA Filed May 9, 2024 Second…
McFarland v. McFarland - 2024 UT App 31 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellee, v. NICOLE S. MCFARLAND, Appellant. Opinion No. 20221044-CA, Filed March 14, 2024 Second District…
When those who will be ordered to divide assets with a spouse and/or pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their…
2024 UT App 16 THE UTAH COURT OF APPEALS JOSEPH EARL LAMB, Appellee, v. SONYA ELIZABETH LAMB, Appellant. Opinion No. 20210787-CA Filed February 8, 2024 Third District Court, Salt Lake…
When those who realize they may be ordered to pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their income in the hope…
I can answer this question in the context of the law of Utah, which is the jurisdiction where I am licensed to practice divorce and family law. To learn the…
Holt v. Holt - 2024 UT App 6 THE UTAH COURT OF APPEALS RHONDA S. HOLT, Appellee, v. CHRISTOPHER JOHN HOLT, Appellant. Opinion No. 20220090-CA Filed January 11, 2024 Third…
In the jurisdiction where I practice divorce law (Utah), the law is NOT that joint debt incurred during the marriage will presumptively remain the debt of both spouses (and thus…
I know you want to believe that divorce mediation is the trick to a fast, easy, cheap, amicable divorce. I know you want to believe this, and we know why.…
In my time as a legal assistant in the family law profession, I have observed many different kinds of client behaviors, some better than others. Those behaviors that cause the…
In divorce actions, be sure to distinguish between the different tax treatment of Roth and traditional IRAs. Investopedia.com stated it clearly and concisely: “The traditional IRA allows you to contribute…
Generally: It appears that the law in Utah is that the trial court is not required to consider hypothetical and/or future tax consequences of the disposition of the marital estate. See Howell v. Howell,…
Sometimes a business is a marital asset. When the value of a business that is a marital asset is divided in divorce, the question of the “goodwill value” of the…
Clark v. Clark - 2023 UT App 111 THE UTAH COURT OF APPEALS SUSAN JEANNE CLARK, Appellee, v. RICHARD LEE CLARK, Appellant. Opinion No. 20210713-CA Filed September 28, 2023 Fourth…
In re Harding Trust - 2023 UT App 81 – family trust 2023 UT App 81 THE UTAH COURT OF APPEALS IN THE MATTER OF THE A. DEAN HARDING MARITAL AND…
This is a more complex question than it might at first appear. First, we need to address the matter of people who confuse beliefs with facts. If I had a…
Because divorce is not about a spouse (man or woman) getting “half of everything”. Depending upon whether a state is a “community property” state or an “equitable distribution” state, here…
2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…
2023 UT App 10 THE UTAH COURT OF APPEALS LIDIA V. MOWER, Appellant, v. THOMAS W. MOWER, Appellee. Opinion No. 20210101-CA Filed January 20, 2023 Fourth District Court, American Fork…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
© Copyright 2025 Utah Family Law LC. All Rights Reserved. A Sites by Sara Website