Do You Actually Need a Vocational Evaluator? How to Prove Earning Capacity in Utah Divorce Cases

In many Utah divorce, alimony, and child support cases, you may not need to spend thousands of dollars on a vocational evaluator to prove earning capacity. Courts determined whether people…

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Why “Reasonable Parent-Time” Often Turns Into Unnecessary Conflict

ABSTRACT: Vague parenting plans built around “reasonable parent-time” often create more conflict, not less. When schedules, holidays, exchanges, and responsibilities are left undefined, parents frequently end up arguing about expectations…

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The “Custom-Tailored” Holiday Schedule vs. Utah’s Statutory Plan

One of the most common mistakes parents make in Utah child custody disputes is assuming that a “custom-tailored” holiday schedule must automatically be better than Utah’s standard statutory holiday parent-time…

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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,…

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Parens Patriae: Why the Court Gets Involved in Your Family

If you’re dealing with a divorce or a child custody dispute, there’s something you need to understand early: This is not just your case. That’s not rhetoric. It’s how the…

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The Third Way: A Strategic Exit from the Divorce Court/Mediation Loop

Divorce cases spiral and stagnate because the system allows for posturing and delay without consequence. The courts are overwhelmed and apathetic. Mediation, as typically structured, does not require resolution. Without…

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When No Good Deed Goes Unpunished in Divorce

Good behavior in a marriage is often the wrong behavior in a divorce action (and vice versa) Divorce changes the rules midstream. That is the part most people don’t see…

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How Much a Divorce Really Costs (and Why It Gets Out of Control)

Ask some lawyers or clients what a divorce costs and you’ll get an estimate. But divorce doesn’t have a fixed price (often even when a lawyer quotes you a seemingly…

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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…

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Emergency Contacts: A List of Local Resources for Families in Crisis (Utah Family Law Guide)

Family law emergencies do not follow business hours. What you do—or fail to do—in the first moments of a crisis often dictates your success in court months later. CRITICAL: If you…

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How So-Called Temporary Orders Subtly Decide Your Case

“Temporary orders” sound harmless. Interim. A placeholder until the whole case gets decided. That’s not how they function in the real world. In virtually every Utah divorce and child custody…

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Why Mediation Often Fails (Even When Both People Want to Settle)

Mediation is supposed to be where divorce cases get resolved. And to be fair, a lot of them do. But a surprising number don’t. Not because one or both people…

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Parenting Apps: A (Paid) Solution Looking for a Problem

Everyone in family law has heard the pitch: download a parenting app, pay a monthly fee, and suddenly your co-parenting problems become organized, documented, and “court-ready.” It sounds responsible. It…

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Digital Housekeeping Before Divorce in Utah: Why You Must Change Your Passwords First

Before you file for divorce, your spouse may already have access to more of your life than you realize; your emails, financial accounts, personal documents, and even your private communications…

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What Actually Happens When You File for Divorce in Utah (And Why It Takes So Long)

When most people think about divorce, many may picture a courtroom, a judge, and a decision. But this process is a long, costly, and discouraging one. A typical contested divorce or…

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The “Easy Way Out” That Can Cost You Your Kids in Utah: Why Pleas in Abeyance in DV Cases and Innocence Don’t Mix

You’re sitting there with a domestic violence (DV) criminal charge hanging over your head. And you’re innocent. Yet you’re scared. You're distressed. You’re tired. You want it over. Then comes the…

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Can You Win Child Custody If Someone Else Is Raising Your Kids During the Week?

This question is more common than you might think. Some may be in this situation: “I want custody for stability.” “I need custody because it affects support.” “I’m the better…

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Hiding Cryptocurrency in a Utah Divorce: Harder Than You Think, More Expensive Than It’s Worth

People hear “crypto” (cryptocurrency; Bitcoin, Ethereum, etc.) and assume “untraceable.” That assumption gets tested quickly in a divorce. In Utah divorce disputes over property division, cryptocurrency is treated like any…

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Using Smart Home Tech to Spy on a Spouse in a Utah Divorce Case?

The modern Utah home is a goldmine of digital data. In a divorce or child custody dispute, it often becomes something else: a surveillance system one spouse tries to weaponize…

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The Legal Assistant’s Role: What Actually Keeps Your Case from Falling Apart

When people think about a divorce or child custody dispute, they picture court—hearings, arguments, big decisions. And it’s the day-to-day work in most cases that decides whether cases are won…

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You Can’t Decide What You Haven’t Examined: What Most Utah Courts Knowingly Miss in Child Custody Decisions

The Missing Step Courts in child custody disputes routinely make determinations without ever hearing from the child directly—or even reviewing a complete and reliable record of someone who did. That…

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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…

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Military Divorce in Utah: Will You Lose Your TRICARE Coverage?

In Utah military divorces, TRICARE eligibility is governed by the rigid federal "20/20/20 rule," not state court discretion. This post breaks down the strict requirements for lifetime medical benefits, the…

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The Social Media Trap: How One Facebook Post Can Impact Your Utah Child Custody Case

In a Utah custody case, your conduct is not limited to what happens in your home—it extends to what you choose to share online. Social media is not personal or…

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When Courts Refuse to Hear Directly From Children in Child Custody and Parent-Time Disputes

The Basic Logic of Factfinding The Protection Rationale The Expertise Rationale The Record Disappears Credibility Cannot Be Tested The Court’s Position: Real Constraints, Imperfect Tools Institutional Convenience One of the…

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The Child Still Testifies—Just “Off the Record”?

I. The System’s Logic When courts appoint custody evaluators and/or private guardians ad litem (PLALs), the justification is usually straightforward: The judge does not want children to testify.So instead, the…

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The First Meeting with Your Utah Divorce or Child Custody Attorney

After you’ve hired your attorney, the first meeting between attorney and client—whether in person or by video—is about orientation, risk assessment, and planning. Most people come in overwhelmed and discouraged…

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VA Disability Pay vs. Alimony: Why Your “Tax-Free” Income Still Counts

Veterans often believe their VA disability pay is “untouchable” in divorce. Not exactly. While it cannot be divided as property, courts routinely treat it as income for alimony. Learn how…

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The Power of the Prepared Client: Why Readiness Is Your Best Legal Strategy

Divorce is a legal process with emotional consequences—but the court does not care how you feel about your case. It cares about what you can prove, and how persuasively. In…

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Digital Housekeeping Before Divorce in Utah: Why You Must Change Your Passwords First

Before you file for divorce, your spouse may already have access to more of your life than you realize—your emails, financial accounts, personal documents, and even your private communications with…

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Structure, Confidence, and the Integrity of Process – Conclusion

This series has examined a focused procedural question: whether interviews with children in custody disputes should be preserved through authenticated contemporaneous verbatim record via unedited audio-visual capture. The discussion has…

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Part III – Transparency, Deference, and Institutional Design

Legal systems evolve. Practices that function adequately become routine. Routine hardens into assumption. Over time, assumption begins to resemble necessity. Unrecorded child interviews in custody and parent-time cases appear to…

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Part I – The Fragility Rationale and the Case for Making and Preserving Records

The Fragility Rationale The most common justification for not making and keeping a record of child testimony rests on fragility. Knowing that the interview will be recorded, it is said,…

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USFSPA Decoded: Dividing Military Retirement Benefits in a Utah Court

For Utah divorcing couples: A clear, practical discussion on how military retirement is divided under the Uniformed Services Former Spouses’ Protection Act (USFSPA) and Utah’s equitable distribution law — including…

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What I Have to Remind Myself of with a New Divorce Client

When divorce or a child custody dispute begins, most people think they know what they’re fighting for. The house. The retirement account. The business. Parent-time. Child support. Alimony. Those are real issues. They matter. They need…

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The Calendar and the Calculator in Harmony: Fully Serving the Best Interest of the Child

When parents separate, two instruments immediately begin to shape a child's future: the calendar (time) and the calculator (money). Both matter. Neither is optional. And neither compensates for the absence…

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Trust Without Verification: The Custody Evaluation Transparency Problem

When the interviews that shape custody decisions remain inside a black box, the court is asked to trust what it cannot independently verify. In Utah child custody disputes, custody evaluations…

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Should a Guardian ad Litem Speak for the Child—or Over the Child?

Utah’s 2026 legislative session includes a proposal that deserves attention well beyond juvenile court. House Bill 372—particularly its substitute versions—revisits Guardian ad Litem (GAL) duties and standards in child welfare proceedings.…

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Perception Isn’t Everything in Divorce Court, But It Often Decides the Close Calls

Utah divorce law is statutory. Judges don’t invent custody standards or alimony rules on a whim. They apply what the Legislature has enacted. But statutes do not apply themselves. Judges…

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Who Is in Charge of a Lawsuit: the Client or the Lawyer?

People who hire a lawyer tend to assume one of two extremes. Either: “I hired the lawyer, so the lawyer does what I say.” Or: “The lawyer is the professional,…

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Bahsoun v. Mooney – 2026 UT App 18

Bahsoun v. Mooney - 2026 UT App 18 2026 UT App 18 THE UTAH COURT OF APPEALS MAZEN BAHSOUN,Appellee, v. COLLEEN ELIZABETH MOONEY, Appellant. Per Curiam OpinionNo. 20251317-CA Filed February…

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The Difference Between “Joint Custody” and Equal Custody in Utah Child Custody Disputes

In Utah, "joint physical custody" doesn't have to mean a perfect 50/50 split, though that is increasingly common (increasingly common, not the default—the system still treats mothers more favorably than…

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The Price of Professionalism: The Pro Se Paradox in Family Court

The "Rules for Thee, But Not for Me" Phenomenon The legal system is built on procedure. For an attorney, failing to file a motion on time or improperly authenticating a…

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Navigating the GAL or PGAL Interview: A Survival Guide

In child custody disputes, the judge acts as the final arbiter, but they rarely get to see the daily reality of a child's life. This is where appointing an attorney…

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What Utah Law Actually Says About Hearing From Children in Custody Cases

In the prior discussion, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, attachments, and lived experience without hearing directly…

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When the System Resists Hearing from the One Person Who Actually Lives the Case

Seth Godin observed that every important medical innovation of the last several centuries—handwashing, antibiotics, acknowledging the dangers of smoking—was initially resisted by the medical establishment. Not because the ideas were…

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“When in Doubt, Grant the Protective Order” Is Not a Legal Principle

In discussions about protective orders and alleged domestic violence, I often hear a familiar refrain: “Protective orders should be granted liberally even when the question comes down to one person’s…

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Home Equity Red Flags Every Divorce Attorney (and Client) Should Catch Early

Guest post by Joe Gordon Broker / Owner / Certified Divorce Real Estate Expert Direct: 801-577-6304 Email: Joe@Gordon-RealEstate.com www.UtahDivorceRealEstate.com This practice tip comes to you after a heartbreaking case where the…

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The Emperor Has No Clothes: When Do Credentials Prove Superior Skill in Interviewing Children?

Questioning the Assumed Superiority of Custody Evaluators and Guardians ad Litem A foundational assumption in modern custody practice is rarely stated outright, but it governs nearly everything that follows: that…

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