No Remedy Without a Wrong: Why Family Courts Must Stop Rewarding Fabricated Grievances
There is a basic principle at the heart of equity: where there is a legal wrong, there should be a remedy. But the inverse matters just as much: where there…
The “Delete” Trap: Why Wiping Your Hard Drive During a Divorce Can Blow Up Your Case
Deleting digital evidence during a Utah divorce can trigger sanctions, contempt findings, attorney fee awards, and devastating credibility problems. Learn how Utah courts treat destroyed evidence under URCP 26, 26.1,…
NFTs in Divorce: How Courts Value (and Misvalue) Volatile Digital Assets
When a $100,000 asset can become $1,000 before trial, valuation timing—not ownership—is the real fight. If you’re holding NFTs and heading into a divorce, understand this: the court does not…
Deepfakes in Utah Divorce and Child Custody Disputes: Not If But When
A few years ago, the concern was fake law; lawyers citing to AI-generated cases that didn’t exist. That already happened in Utah. See Garner v. Kadince. The next concern is worse:…
Pretrial Disclosures Matter in Utah Divorce Cases: Lessons from Prisbrey v. Prisbrey
There’s been (note the past tense) an assumption that creeps into a lot of divorce cases: If the evidence is important enough, the court will let it in. But in Prisbey v.…
Control Your Communications, Protect Your Case: Choosing Your Inner Circle in Utah Family Law
When you are involved in a divorce, custody dispute, or protective order court case, the desire to talk about it can be strong. You may want advice, validation, or simply…
The Hill AFB Factor: How Active Duty Status Changes a Utah Divorce
If you are stationed at Hill Air Force Base and facing divorce, do not assume your case is “standard.” It isn’t. Military status layers federal law on top of Utah…
The Muzzled Meadow
I. The Founding TraumaIn the Meadow, everyone agreed on one thing: voices were dangerous.It hadn’t always been so. Long ago, animals spoke plainly. Some spoke well, somepoorly, some too much.…
If Your Spouse Hid Assets by Titling Them in a Parent’s Name, Is That “Smart Protection” or Financial Fraud? How Do You Prove It in Utah Divorce Court?
This is not unusual: a spouse suddenly “doesn’t own anything,” yet somehow pays the taxes, insurance, maintenance, or mortgage on a house that’s titled in Mom’s name. Or money gets…
Are Parents Charged With Contempt of Court or Have Their Visitation Rights Suspended When Their Children Report That They Have Been Abusive?
Yes. Why? Contempt of court is defined as: 1) a valid court order; 2) of which the parent has notice; 3) that the parent is capable of obey; 4) but…
If the Other Parent Is Withholding Parent-Time, Can I Bypass Having to Deal With Him/Her and Pick Up Our Child After School Instead?
If the other parent of your child is withholding court-ordered visitation (often now called “parent-time”) with the child from you, can you solve this problem by circumventing/bypassing having to pick…
How Do You Get a House Valuation/Appraisal for a Divorce When Your Spouse Has Remains Living in It?
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…
How to Deal with a Difficult and Dishonest Opposing Party (and his/her lawyer) in Utah Family Law Cases By Braxton Mounteer, Legal Assistant
When you're involved in a family law matter whether it's a divorce, child custody dispute, or a spousal support issue, one of the most frustrating challenges to encounter is an…
What Can a Father Do If, After the Divorce, the Mother, Who Has Custody of the Child, Turns the Child Against the Father?
What can a father do if, after the divorce, the mother, who has custody of the child, turns the child against the father? What can he do? There are many things he…
How Do You Get 3 House Valuations for a Divorce When Your Ex Has Remained Living in It?
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…
What Is the Correct Way to Answer a Yes/No Question in Your Family Law Proceeding?
With rare exception, the correct answer to any yes/no question (also known as a polar question) in your family law proceeding is: “yes,” “no,” or “I don’t know/I don’t remember”…
The Cause of “Protective Orders Disorder” and How to Prevent It.
“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” (Benjamin Franklin) It is undeniable that courts frequently take a "better safe…
A Third Party Refused to Return Child to the Child’s Mother, the Sole Custodian. So Mother Called Law Enforcement Seeking Assistance. But They Refused to Get Involved Saying It’s a Civil Matter. Is That True?
I can't speak to what the law is in all jurisdictions, but I can speak to what the law is in Utah on this subject based upon my experience and…
What May Happen When I Tell the Judge That I Violated a Nocontact Order Because the Paperwork I Received at Court Was Torn and Did Not Say Anything About No Contact?
What will happen? Who knows? What could happen? The court could A) believe your story; B) not believe your story; or C) not believe your story and then come down…
How Should I Deal With an Ex Husband Who Is Reluctant to Move out After the Divorce?
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.…
Two Reforms (Of Many) That I Suggest Are Likely Not What You Think They Would Be.
In my opinion (as a divorce and family law attorney for the past 27 years), a “less is more” approach is needed at this point. What do I mean? For…
My Ex and I Have Joint Custody, but He Hasn’t Been Letting Me See My Child for a Couple of Months Now. Will He Lose Custody if I Go Back to Court and Tell Them About This?
I’ll assume that what you mean by “my ex and I have joint custody” is you and your ex share physical custody of your child. I’ll also assume that in…
What About My Children? Can They Use Social Media During My Divorce?
Unless the law of your jurisdiction or a court order in your particular case prohibits your children from viewing or posting on social media during the pendency of the divorce…
If My Ex Husband Had a Secret Bank Account Before We Were Married, Would I Be Entitled to Some of It After the Divorce? I Already Have a Private Investigator Looking Into It. Thanks in Advance!
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…
How to Fill Out Your Financial Declaration, Paragraph Two. By Braxton Mounteer, Legal Assistant
Paragraph two of your financial declaration details the documents that you must attach to your financial declaration (unless they don't exist). It is not optional; they are the documents you are required…
I Want to Live with My Mom but I Have Shared Custody With My Dad. What Do I Do? Can I at 15?
This question is literally asked on a daily basis. It comes up so often. But that means it’s a burning question. I’ll bet it has been answered literally at least…
I Live in Indianapolis, Indiana, I Have a Son at 17 Years Old. I Have Visitation Legal Custody. He Has Him Run Away. What Do I Do?
I am not licensed as an attorney in Indiana, but I will give you my personal opinion (it’s not legal advice) as it applies to the law in the jurisdiction…
Your Divorce Lawyer is Serious About Deadlines By Braxton Mounteer, Legal Assistant
Throughout the divorce process you will have to meet many deadlines. The court will even provide you with a list of due dates known as a notice of event due…
Elder v. Elder – 2024 UT App 68 – enforcement vs. modification
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…
What Would Happen if One Parent Does Not Bring Their Child for a Utah Court-Ordered Custody Exchange?
First, we need to learn and understand the term for violating a court order. That term is “contempt of court.” In Utah, one commits contempt of court in a civil…
Can Child Support (Whether Prospectively or Retrospectively) Be Waived by the Child Support Payee?
The easiest of these two questions to answer is the second one, i.e., “Can child support be waiver retrospectively by the child support payee? The answer is yes, if the…
What happens if the respondent does not show up in family court?
Like winning the lottery, it does happen, but not very often. Parties rarely fail to appear for proceedings in family court. But if and when they do, the court can…
Family Law Legislation for the 2024 Utah State Legislative Session
Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…
Some hard truths about divorce litigation in Utah.
To those of you who ask, “How did I lose that argument in my divorce case? The judge couldn’t say why he/she believed my witness(es) over my spouse’s witness(es)!”: A district…
Lawyers and Deadlines. By Braxton Mounteer
You have just received an email from your lawyer about a deadline that your lawyer needs your help to meet. What should you do? You are already extremely busy with your life and…
Are some cases out there where the counsel has lied to his or her client?
Lawyers’ reputation for lying is, unfortunately, well-founded. There is a Bosnian proverb, “He who will lie for you will lie to you.” Lawyers who lie for their clients (and there…
Last Week, My Ex Came Into Family Court Smelling of Pot but Still the Judge Favors Her Over Me. What Can I Do?
Does your jurisdiction permit people to make use of marijuana recreationally? Or to make use of it with a doctor’s prescription or a “medical marijuana card”? If so, then smelling…
From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them
There is far more to this story than the headline reveals. From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused…
Child refuses to exercise shared custody with the stricter parent
Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I'm a stricter parent unlike my…
Are financial interrogatories relevant in my contempt case?
Are financial interrogatories relevant in my contempt case against my sister for violating my visitation order? While I’m sure something seeming like an argument could be made for their relevance,…
What to do when child won’t comply with the custody award?
What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…
T.W. v. S.A. – 2021 UT App 132 – child custody
2021 UT App 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna…
MacFarland v. MacFarland – 2021 UT App 58
021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second…
Do judges sometimes feel overburdened by the responsibilities of their job?
Yes, and for good reason. First, let me be unusually but sincerely candid: many judges and many of the actions that judges take disappoint me. There are some excellent judges…
State v. Mason – 2021 UT App 41
State v. Mason - 2021 UT App 41 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. VON DEL MASON JR., Appellant. Opinion No. 20190618-CA Filed April 8, 2021…
In court cases, how does taking an oath make any difference?
In court cases, how does taking an oath make any difference? From what I can tell, yes, it appears that taking an oath or affirming to tell the truth before…
Can the courts force you to testify against someone?
Can the courts force you to testify against someone? In a manner of speaking, yes. You do not have the the option of being a witness if you are ordered…
What would happen if a witness in court was asked if they will swear to tell the truth and they said no?
What would happen if a witness in court was asked if they will swear to tell the truth and they said no? If the witness were unwilling to swear or…
What happens if you say no to the oath on the witness stand in court?
What happens if you say no to the oath on the witness stand in court? If you object to being sworn, to taking an oath (as some religions do), then…
2020 UT App 73 – Utah Court of Appeals – civil stalking, contempt, intent
2020 UT App 73 THE UTAH COURT OF APPEALS ALICIA W. KOEHLER, Appellee, MARK STEWART ALLEN, Appellant. Opinion No. 20190395-CA Filed May 7, 2020 Fourth District Court, Provo Department The…