Corn v. Groce – 2024 UT App 84 – Proving Changed Circumstances
Corn v. Groce - 2024 UT App 84 THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court, Farmington…
Is There a Particular Reason Why One or Both Parties After a Divorce Goes to Extreme Lengths to Make the Other One Look Bad?
Many reasons can account for this (in no particular order of prevalence): Bitterness/Sore loser Revenge/trying to set themselves up for a second bite at the apple in a future petition…
I Know I Should Get a Divorce, but I Don’t Have the Courage to Do So. What Do I Do Now?
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…
Utah Law Question: Discovery Closes in Less Than 28 Days, but Opposing Counsel Just Serve Discovery Requests. Am I Obligated to Respond?
Answer: Almost certainly no. See Dahl v. Harrison, 265 P.3d 139, 2011 UT App 389 (2011). Note: Under the current Utah Rules of Civil Procedure, responses to written discovery requests are due…
How Do I Divorce My Husband After 37 Years and When I Have No Job?
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…
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.…
How Is It to Divorce When You Get Retired?
Usually painful. Perhaps in some ways that are a little different from the pain one would suffer when divorcing young, but still painful. Retirees suffer a unique pain in the…
How Do I Reconnect After Marriage Separation?
Believing that change is inevitable, normal, and survivable. Jonny Thomson made this reel on his Facebook page, “Mini Philosophy,” which I think answers your question about as well as it…
Divorce and Revenge, by Braxton Mounteer, Legal Assistant.
People divorce for many different reasons, but regardless of the reason or reasons for seeking a divorce, the dissolution of a marriage and the breakup of a family usually causes…
In Divorce Cases, Does Family Court Usually Favor Mothers?
Yes. Anyone who denies this fact is lying to you. This does not mean that fathers cannot get a fair shake in child custody cases; they can, but most fathers…
What Paperwork Must I Complete in Family Court to Modify a Utah Child Custody Order?
DIY litigation is difficult in almost every situation. Divorce and family law is no different. You will likely save time and money by hiring a good (a good) attorney in…
What Are Some Strategies for Divorcing a Selfish, Intelligent, and Manipulative Person Without It Becoming a Messy Legal and Emotional Battle?
Spouses of selfish, intelligent, and manipulative people who want to avoid a messy legal and emotional battle are not telling the whole truth about what they want. Implicit in what…
What Are the Key Things You Should Do Protect Yourself During a Divorce?
This is one of the most important questions you need to ask and to answer if you are contemplating divorce or find yourself on the receiving end of a complaint…
I Have a Question About Whether to Divorce.
I decided to divorce my husband of 10 years after years of neglect and feeling unloved. We have a 6-year-old daughter. For the majority of our marriage I was always…
When Should You Settle Your Divorce Case? By Braxton Mounteer, Legal Assistant
Over the course of your divorce, you may be tempted to throw in the towel and give up. You may also be tempted to fight to your last breath. Either…
Why Is My Narc Husband Angry When We Discuss Selling the House When We Are Headed for Divorce?
First, for those of you who don’t know what a “narc” is, let’s address that. A “narc” in this context is a narcissistic spouse. Click here for a more detailed…
My Husband Left Me and Our Kids. How Long Should I Wait Before I File for a Divorce?
You’re asking the wrong question first. Your first question should not be, “How long should I wait before I file for a divorce?,” but “*Should* I even file for a…
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…
Should You Sling Mud at Your Spouse at Any Phase of Your Divorce Case? By Braxton Mounteer, Legal Assistant
If you were not fortunate enough to settle your divorce case on acceptable terms, you now or soon will likely find yourself preparing for trial. Trial will be the day(s)…
If I Got Married Today and My Husband Moved Into My House, if We Get Divorced in 5 Years, Will I Have to Give Him 50% of My House?
Great question (the answer will likely scare you and drive you nuts, but it’s a great question). Divorce court is, in many respects, the wild west. No matter what jurisdiction…
The Utah Divorced Parent’s Yearly Audit
Divorced parents of minor children, here’s a great idea you should implement: conduct a yearly audit to ensure that everything is covered when it comes to the custody and parent-time…
Can My Custody and Parent-Time Order Be”Redone” Because I Was a Vulnerable Adult (My Mental Health Was Suffering) at the Time the Orders of Child Custody and Parent-Time Were Made? I Didn’t Attend the Court Hearing (I Know), but the Entire Thing Unfair to Both the Children and Me.
There is a case in Utah that may almost precisely be on point for the circumstances you describe, Hogge v. Hogge, 649 P.2d 51, 54 (Supreme Court of Utah 1982). Here…
How Does the Divorce Process Begin?
The legal process of initiating a divorce begins (in the U.S.A.) with filing a lawsuit. A divorce action is a legal action filed in court, just as a lawsuit for…
Dividing Personal Property In Your Divorce Is Not As Hard As It Seems By Braxton Mounteer, Legal Assistant
During the course of a marriage, you will accumulate marital property, and during your divorce, you will need to divide those items. You may be tempted to bicker over every…
Are You Prolonging Your Divorce? By Braxton Mounteer, Legal Assistant
Almost all people going through a divorce say they want the case disposed of as soon as possible, but I have found that most people slow the process down for…
Kinsey v. Kinsey – 2024 UT App 120 – Termination of Alimony
Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…
Is It Time to Recognize “Semi-cohabitation” as a Basis for at Least Reducing the Alimony Award?
Currently in Utah, alimony, the Utah Code provides, at § 30-3-5(11)(a), which will, effective September 1, 2024, be renumbered as § 81-4-504(1), as follows: (11)(a) The court has continuing jurisdiction…
Kinsey v. Kinsey – 2024 UT App 120 – termination of alimony
Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…
What Are Some Reasons Why Someone Might Choose to Stay in an Unhappy Marriage Instead of Getting a Divorce, Even if They Have Children and Are Concerned About the Cost?
There are literally thousands of lists you can find online that do an excellent job of identifying the reasons accurately, clearly, and concisely. I recommend that you find them and…
Parental Estrangement and Parental Alienation and Parental Estrangement Are Not the Same Thing By Braxton Mounteer, Legal Assistant.
During a divorce case, one parent or the other often claims that parental alienation or parental estrangement is occurring. Whether the claim is true does not stop these terms from…
Can’t I Claim an Offset or Credit for the Children’s Other Expenses That I’ve Paid?
My ex-spouse is the primary custodial parent, and I am ordered to pay child support. My ex wastes child support money and/or doesn't spend it on the needs of our…
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…
Can What I Post on Social Media Be Used Against Me in a Divorce Case?
Yes. Yes, it can. This does not mean that everything you post on social media will be used against you. Some statements on social media are pretty hard to find fault…
My Spouse Refuses Divorce but I Need to Be Divorced. My Spouse Says He/She Will Make My Life and the Kids’ Life Hell if I Leave. I Don’t Want to Spend a Fortune on a Lawyer.
Are you a churchgoer? Are you a member of a church? If so, your church may have resources available to members to help them with various legal concerns or problems.…
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 Difficult Would It Be to Get Legal Custody Back After Willingly Giving 100% Legal Custody to My Child’s Mother?
In Utah, if you have not had your parental rights terminated, but instead you simply agreed to your child’s parent having custody of the child (with you having little to no…
How to Fill Out Your Financial Declaration, Paragraph Four. By Braxton Mounteer, Legal Assistant
Paragraph four of your financial declaration deals with your gross monthly income. Your gross monthly income is your income from all sources. This includes, your income from employment, your work,…
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…
Thorup v. Thorup – 2024 UT App 93
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…
2024 UT App 84 – Corn v. Groce – Modification of Parent-Time or Custody
2024 UT App 84 - Corn v. Groce THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court,…
State v. Smith – 2024 UT App 82
State v. Smith - 2024 UT App 82 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. STEVEN TIMOTHY SMITH, Appellant. Opinion No. 20220299-CA Filed May 31, 2024 Fifth…
I Have a Court Date Coming Up, but I Don’t Speak English (Or Don’t Speak or Understand It Well). What Can I Do?
Did you know that if you are not fluent in English and have a court date coming up, the court will provide you with an interpreter IF you make the…
If I Agreed to Sign up a Prenup With My Billionaire Husband Does That Mean I Would Not Get Anything Not Even a Dollar?
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…
Taking Your Divorce Case to Trial Requires Just as Much from You as It Does of Your Lawyer, By Braxton Mounteer, Legal Assistant
Taking your divorce case to trial is almost always a long, complicated, and emotionally exhausting process. You may be tempted to believe you can leave all of the work to…
People Who Are Getting an Extremely-Contested Divorce W/O Paying for Lawyers, Need Step-By-Step Directions in Their State! If There Were Uncontested Divorces, There Would Be No Divorces at All, Because Both Partners Would Be Getting Along Perfectly?
Sure, they need that. It is a great idea. Where there is a demand to be filled, markets arise to fill them. It would be a great benefit to people…
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…
Are You Fighting for Your Kids or Are You Protecting Your Financial Future? By Braxton Mounteer, Legal Assistant
An accusation that gets thrown around a lot in a divorce action is that a parent doesn’t actually want to spend time with his or her children. Usually it's an…
How Often Do Mothers Get Full Custody of Their Children After Divorce?
Always? No. Frequently? Yes. Usually. Yes. Whether they deserve it or not? Usually, yes. Are mothers awarded custody of children as much as they used to be a generation or…
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…
Can My Spouse Take out a Loan Using Our House as Collateral After I File for a Divorce?
This is a good question and one that often comes up in divorce cases. I cannot speak for the law in all jurisdictions, but as this question applies in the…