In What Specific Ways Can a Family Law Attorney Take Advantage of a Pro SE Party in a Divorce Case?

Most predictably and intuitively: They can take advantage of their greater knowledge of the law and court rules to make better arguments and to outmaneuver you in a case, whether…

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House Bill 281

I like this idea (House Bill 281) https://le.utah.gov/Session/2025/bills/static/HB0281.html Do you like it too? If not, I'd like to know why. Schools are being asked to provide services that have nothing…

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Divorce Is Too Often Like A Knife Fight By Braxton Mounteer, Legal Assistant

Why is divorce so often like a knife fight? Not a literal one, of course, but a figurative battle where the first move can have lasting—often devastating—consequences. Have you ever…

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Who Should You Call as a Witness in Your Divorce Trial? By Braxton Mounteer, Legal Assistant

When it comes to divorce trials, one of the most pivotal decisions you’ll make is who to call as a witness. Testimony from well-chosen witnesses can offer critical insights into…

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Should You Forgive Your Spouse for Cheating? It’s Not That Simple. By Braxton Mounteer, Legal Assistant

There’s no sugarcoating it—infidelity, cheating in a marriage is devastating for most people. It rocks the foundation of everything you’ve built together. It’s the kind of betrayal that makes you question…

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What Do I Do When I Realize My Divorce Attorney Betrayed Me and Helped My Ex-spouse, so That I Can Set Aside the Divorce Settlement Due to False Representations Made in Our Divorce Settlement Negotiations?

I will answer this in the context of the way this issue is treated in my jurisdiction (Utah). First, understand that to prevail on a claim in court, you must…

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Is Therapy Necessary in Utah Divorce?: What You Should Consider

Therapy in the context of this post means “mental health therapy”; meeting with a licensed talking with a psychologist, psychiatrist, or another mental health provider. This kind of therapy is…

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Too Many Fraudulently Sought Protective Orders? – The Buck Stops with the Courts

I humbly and respectfully submit that the following clearly do not meet the burden of proof under the preponderance of evidence standard and thus do not support entry of a…

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Toward Equal Child Custody Awards in Utah: Progress Made and Still to Be Made

Historically, in the state of Utah, and throughout the United States, cultural bias as to which parent is granted primary custody plays a major role in child custody decisions. Originally,…

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How Does Fraudulently Filing for a Protective Order Often Give the Applicants an Insurmountable Unfair Advantage in a Divorce or Child Custody Case?

By exploiting legal mechanisms designed to protect actual victims, here are ways that fraudulently seeking a protective order can create an unfair advantage: Immediate Restriction on Contact and Access Temporary…

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The Difference Between Reunification Therapy and Family Systems Therapy By Braxton Mounteer, Legal Assistant

Families often find themselves having to confront their conflict and dysfunction when a divorce is filed. When families face conflict or dysfunction, therapy can (can, not always will, but can)…

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Too Many Fraudulently Protective Orders? – The Buck Stops with the Courts

It could have happened as alleged I find the applicant credible (but I won’t mention that a) I also find the respondent equally credible; or b) I can’t articulate a…

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The Cause of “Protective Orders Disorder” and Its Cure

A previous post (The Cause of “Protective Orders Disorder” and How to Prevent It.) discussed the trouble caused by granting domestic violence protective orders without a preponderance of evidence. This…

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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…

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What is Good Evidence in Divorce Proceedings, and What Critical Role Does It Play?

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…

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Evidentiary Practice in Family Law Proceedings in Utah: A Relaxed Standard

Family law proceedings in Utah (and in all other states, frankly), differ significantly from other areas of civil or criminal litigation, particularly when it comes to evidentiary practices. While the…

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A Better Approach to Acquiring Child Testimonial Evidence in Child Custody Disputes

In Utah child custody disputes, the voices of children are almost always filtered through court-appointed private guardians ad litem (PGALs) and/or custody evaluators. These intermediaries will claim to represent what…

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If you are losing a child custody case you should be winning (due to lack of representation and inability to show the judge the truth of the situation), how do you turn things around? is there a way to find out what the judge is thinking? A way to know if you’re changing the judge’s mind?

Most of the answer to your question lies in your question itself. If you should be winning the arguments in your case but are losing “due to lack of representation,”…

Continue ReadingIf you are losing a child custody case you should be winning (due to lack of representation and inability to show the judge the truth of the situation), how do you turn things around? is there a way to find out what the judge is thinking? A way to know if you’re changing the judge’s mind?

It Has Been Suggested That We Have a Special Master Appointed in Our Case. ‘Good Idea?

No, and I’ll tell you why in the context of discussing a newly proposed Utah Rule of Civil Procedure which would be Rule 53A, entitled “Special masters for parenting disputes…

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The Prejudicial Impact of False Abuse Accusations on Husbands and Fathers in Utah Divorce and Custody Disputes

Child custody disputes between parents (whether in a divorce case or between unmarried parents) are among the most bitterly fought cases, as parents fight over the right to be integral…

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The Overreach of Utah Courts in Ordering Therapy in Divorce and Child Custody Cases

In contemporary Utah divorce and child custody disputes, courts frequently order parents and children to participate in reunification therapy, family systems therapy, or other forms of therapy and counseling. While…

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How Do I Know If My Custody Evaluator and Custody Evaluation Are Any Good? By Braxton Mounteer, Legal Assistant

In your divorce case, you, your spouse (or other parent) and your children may be required to undergo a custody evaluation. The custody evaluation is governed by Utah Code of Judicial Administration Rule…

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Timeline of a Typical Utah Divorce Case: From Start to Finish

While every divorce case is unique, the following outlines the general stages and timeframes involved in a Utah divorce case. Understanding the basic timeline of a typical case in Utah…

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What Is the Real Reason Divorce Rates Are So High in the Western World?

So many in the Western world who could be happily married have lost sight of the purpose of marriage, and so their marriages end in divorce not because of any…

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What Should I Do if My Husband Wants to Divorce Me for Not Giving Him Children?

There is not much you can do to deny a spouse a divorce, if one lives in the U.S. Spouses in the U.S. can file for and obtain a divorce…

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How Do I Get Full Custody of My Child From a Bad Mother?

Ideally, with overwhelming amounts of compelling, objectively verifiable evidence that 1) the mother is unfit to exercise custody of the child; and 2) you are fit to exercise custody of the child. Why overwhelming…

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Your divorce Case Deadlines Will Not Wait By Braxton Mounteer, Legal Assistant.

Divorce is one of the most difficult things that someone can experience. Many in the field of psychology rank divorce just behind a spouse’s death on lists of the most…

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If My Ex-husband Quit His Job to Avoid Alimony Does He Still Have to Pay Alimony?

If a spouse (husband or wife) is ordered by the court to pay alimony but then quits his/her job and then tries to claim “I can’t pay alimony because I…

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“A Child Is More Honest in His Interview if He Knows the Interview Is Not Recorded” Makes About as Much Sense as “The Runner Goes Faster if He Knows He Is Not Timed.”

The overwhelming majority of judges and domestic relations commissioners in Utah will refuse to have the interview of children who are the subject of child custody disputes recorded by sound-and-visual…

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Excluding the Public from Divorce Court Hearings and Trials Does More Harm than Good

"Government ought to be all outside and no inside. . . . Everybody knows that corruption thrives in secret places, and avoids public places, and we believe it a fair…

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Absolute Opposition to Recording Child Interviews in Child Custody Dispute Cases Is Groundless.

[Full disclosure: I make no secret of the fact that I have yet to encounter a custody evaluation conducted in Utah that is not pseudo-scientific, incompletely and incompetently documented, and…

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When Should You Get a Lawyer to Look At Your Case?

Any old lawyer to look at your case? Well, if you can’t find a good lawyer who is skilled in the area of the law affecting you, it may (may)…

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How Much Can You Stretch The Truth In Your Testimony? By Braxton Mounteer, Legal Assistant

Many people believe that everyone bends the truth from time to time. While the typical “no, that dress does not make you look fat” white lie in your everyday interactions…

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What to Do When Your Ex Is Threatening to Take Me Back to Court to Change Custody or Reduce Parent-Time

I get calls about this frequently from former and from brand new clients: it may have been half a year or more since the child custody case was resolved, either…

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Can a Parent Send a Third Party for Child Pick Up for Parenting Time if It’s Not a Part of a Utah Custody and Parent-Time Court Order?

If there is no court order that addresses and controls the question of who can pick up or drop off the children in connection with custody and parent time exchanges,…

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Wallace v. Wallace – 2024 UT App 164 – Custody, Non-disparagement

Wallace v. Wallace - 2024 UT App 164 THE UTAH COURT OF APPEALS JAMES DOUGLAS WALLACE, Appellee, v. JOANNA JUNE WALLACE, Appellant. Opinion No. 20220559-CA Filed November 15, 2024 Third…

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Small v. Small – 2024 UT App 173 URE 408 and statute of frauds

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…

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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…

Continue ReadingA 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?

Child Support in Utah

How is child support calculated in Utah? How long does child support last? How is child support enforced? How child support in Utah is calculated. I will explain it both…

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Is There a Viable Alternative to a Custody Evaluation?

Do you find yourself involved in a child custody dispute (whether in a divorce case or a parentage/paternity action? If so, has your spouse or your attorney may have proposed…

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Calculating Alimony in Utah Divorce Cases

Alimony is not purely a mathematical formula in Utah, but the governing section of the Utah Code (see Section 81-4-502. Determination of alimony) does relay on some basic addition, subtraction, and division. First,…

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Why Would a Lawyer Not Take a Case?

Some people ask this question because they believe an attorney is somehow obligated to accept any and every case he/she is asked to accept. This is not true. Some people…

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Chlarson v. Chlarson – 2024 UT App 160 – Divorce and Military Retirement

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…

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Do I Have to Do What My Divorce Lawyer Tells Me to Do? By Braxton Mounteer, Legal Assistant

Your divorce lawyer will tell you about the things you need to do in your case, the documents and other evidence you need to produce, the questions you need to…

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Lerman v. Lerman – 2024 UT App 155 – Child Custody and Domestic Violence

Lerman v. Lerman - 2024 UT App 155 THE UTAH COURT OF APPEALS DEREK LERMAN, Appellee, v. MICHELLE LERMAN, Appellant. Opinion No. 20230913-CA Filed October 31, 2024 Second District Court,…

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How Are Jurors Typically Selected for Divorce and Custody Cases in Utah?

Divorce cases are not tried to a jury in any state except one: Texas. In all other states, including Utah, divorce and child custody cases are tried to the bench,…

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2024 UT App 133 – Bountiful City v. Swenson – Protective Order Violation

2024 UT App 133 - Bountiful City v. Swenson THE UTAH COURT OF APPEALS BOUNTIFUL CITY, Appellant, v. ROBERT TAKASHI SWENSON, Appellee. Opinion No. 20230430-CA Filed September 19, 2024 Second…

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Should You Use Utah’s Court-created Forms? By Braxton Mounteer, Legal Assistant

The Utah courts have created a sizeable library of forms; a few that everyone is required to use, and a lot that can be used--optional, in other words--if one wants.…

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Lunt v. Lunt – 2024 UT App 148 – Alimony, Individual Needs, Business Goodwill

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…

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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…

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