Marri v. Rizwan (2025 UT App 137) – Annulment of Marriage, Fraud
Marri v. Rizwan - 2025 UT App 137 THE UTAH COURT OF APPEALS MIR MARRI, Appellant, v. RABIA RIZWAN, Appellee. Opinion No. 20230034-CA Filed September 18, 2025 Third District Court,…
My Divorcing Spouse and I Are Drowning in Debt. How Do We Apportion Responsibility for It All in the Divorce Case?
In Utah divorce, debt is divided equitably, not equally. Mortgages, credit cards, student loans, and medical bills are treated differently, and creditors can still pursue you even if your ex…
Beyond Specific Legal Arguments, What Is One Significant Way the Court System Could Better Ensure Fairness for All Parents in Child Custody Disputes?
I apologize in advance; I cannot limit myself to just one answer, but I will start off with the “top” idea and then share others. Courts could make custody disputes…
It’s Not Group Therapy: Why “Trauma-Informed” and Other Therapeutic Fads Don’t Belong in Family Law Mediation
Too often (and increasingly as a means of mediators trying to differentiate themselves and offer “higher value propositions”), mediation it is oversold as something “deep” and “transformative”—but that is not…
Judicial Overreach in Utah Child Custody Order: Return to Restraint
In Utah, as in other states, courts deciding child custody and parent-time disputes are charged with applying the “best interests of the child” standard. That standard is necessary, but it…
Compelling Reasons for Permitting Litigants and Their Attorneys to Appear Remotely for Court Hearings
Compelling Reasons for Permitting Litigants and Their Attorneys to Appear Remotely for Court Hearings
World War II’s silk shortage forced the military to abandon a comfortable default; nylon parachutes—stronger, cheaper, and mass-producible—started as a substitute and became the superior standard. COVID-19 did the same…
My Spouse is a Criminal, How Can I Avoid His Downfall?
My Spouse is a Criminal, How Can I Avoid His Downfall?
When people discover that his or her husband or wife is committing crimes or has been convicted of crimes, they often panic. One of the first questions we hear in…
Setting a Litigation Budget in Family Law Cases: An Idea Worth Developing
Setting a Litigation Budget in Family Law Cases: An Idea Worth Developing
Divorce lawyers have long grappled with one of the most disheartening realities of our practice: watching a marital estate, built over years, dissolve not into two separate households, but go…
Utah Motion for Temporary Orders: What They Can Cover, and How to File for One
Utah Motions for Temporary Orders: What They Can Cover, and How to File for One
When a Utah divorce case is commenced, life doesn’t stop while the case is pending. Children still need a consistent schedule. The mortgage, utilities, and insurance bills still come due.…
Don’t Let This Happen to You When Drafting a Legal Custody Child Custody Award
If a parent is awarded sole legal custody of a child, does that award not carry with it an implicit obligation to exercise that sole legal custody power in good…
Alcohol Use Monitoring in Custody and Divorce Cases and Which Monitoring Device and Service to Use: BACtrack vs. Soberlink
When alcohol use (or accusations of it) becomes a custody or parent-time issue, courts want two things: reliable measurements and confidence that the right person took the test. BACtrack and…
Why Don’t My Kids Like Me After the Divorce? I’m Not a Bad Person. Not Even Close. I Haven’t Changed. What Could Have Happened?
One of the most painful parts of a divorce can be if children seem to pull away from you. It’s a situation many divorced and separated parents face: after a…
Guardians ad Litem and Custody Evaluators in Utah: Too Often Biased, Flawed, and Beyond Accountability
In Utah custody disputes, Guardians ad Litem (GALs) and custody evaluators can have enormous influence over the outcome, often so much so that it’s far more than the law actually…
Should I Forgive My Spouse for Abusing Me and/or Our Children?
Forgiveness is a deeply personal decision, and in the context of abuse it can be a life-altering one. But understand that “forgiving” your spouse for abusing you or your children…
My Spouse is Disparaging Me Publicly and/or to Our Children—What Can I Do? What Should I Do?
Divorce or custody litigation often brings out the worst in people. Some spouses can't resist the urge to play the victim or the hero in every story they tell, especially…
Can I Stop My Spouse from Bad Mouthing Me During Our Divorce? By Braxton Mounteer, Legal Assistant
It’s not uncommon during a divorce for one spouse to claim that the other is disparaging them—online, in conversations with mutual friends, or even in front of their children. We…
A Presumption of Equal Physical and Legal Child Custody Should Be the Norm
Most parents in Utah assume that when they separate or divorce, the court will start from a position of splitting custody evenly. That’s a reasonable assumption—shared parenting has become the…
Ross v. Kracht – 2025 UT 22 – Appeal of Termination of Parental Rights
Ross v. Kracht - 2025 UT 22 IN THE SUPREME COURT OF THE STATE OF UTAH JULIE ROSS and GERALD ROSS, Appellees, v. STEVEN KRACHT and DENIELLE KRACHT, Appellants. No. 20230389…
In re Adoption of B.C. – 2025 UT 23 – When Termination Can be Appealed
In re Adoption of B.C. - 2025 UT 23 IN THE SUPREME COURT OF THE STATE OF UTAH In the Matter of the Adoptions of B.C., K.J.C., D.W.C., and B.C.,…
The Overrated Book, The Understated Truth: Atomic Habits and the Indispensable Role of Quantity in “Quality” Parent-time
People rave about Atomic Habits by James Clear. I do not. It’s not a bad book, but not life-changing, at least not for me. Maybe it didn’t move me much…
Protecting Parental Rights: Why Sole Custody Shouldn’t Be the Default Response
A single mistake shouldn't cost a parent his or her relationship with his/her child. Yet too often, family courts award sole custody based on isolated incidents or "aberrant behavior" that…
Ream v. Ream – 2025 UT App 105 – What Does and Does Not Constitute Civil Stalking Injunction Violation
2025 UT App 105 THE UTAH COURT OF APPEALS DEBRA JEAN REAM, Appellant, v. JACOB M. REAM, Appellee. Opinion No. 20230799-CA Filed July 10, 2025 Fourth District Court, Provo Department…
Is Required Divorce Mediation Under the Utah Code a Waste of Time? By Braxton Mounteer, Legal Assistant
If you get divorced in Utah, you may be surprised to learn that you are required—unless you are excused for good cause—to attend at least one session of mediation before…
What Are the Biggest Challenges Men Face During Divorce, and Why Do Some Believe the System Is Unfair to Them?
It is not a matter of beliefs that men are generally (not in every single case, but generally) treated unfairly in divorce. It is a fact. This is why many…
Child Custody and the “Primary Caregiver” Scam
Of the Utah domestic relations commissioners and judges who treat fathers as second-class parents in making temporary and permanent custody and parent-time rulings, they practically gush about the standard for…
Can Your Spouse Legally Take Half of Everything That Is Yours if You Get Divorced?
It depends on what you mean by “yours,” by what you mean by “mine”. First you need to understand that there are two kinds of property in a divorce situation:…
Is Divorce a Battle of Attrition?
‘Can be. ‘Often is, but is not necessarily a war of attrition in all situations. Some divorce cases come to an end not because the court ruled on and resolved…
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…
How Do Fathers Fight for Child Custody?
Do you mean to ask, How do deserving fathers fight: for sole child custody? for joint child custody? for equal child custody? Or do you mean to ask: “How do fathers ‘win’ their…
Taylor v. Taylor – 2025 UT App 94 – postnuptial agreement and alimony
Taylor v. Taylor - 2025 UT App 94 THE UTAH COURT OF APPEALS JACQUELINE KEMPTON TAYLOR, Appellant, v. MARK BENNETT TAYLOR, Appellee. Opinion No. 20230868-CA Filed June 26, 2025 Third…
I Wrote This Email to the Members of the Utah Legislature’s Criminal Justice Appropriations Subcommittee on Behalf of UFLTV
Subject: Please Fund Courtroom Live Streaming I’m writing to ask that you support the $450,000 one-time funding request to enable live streaming of district court proceedings statewide. Live streaming public court…
Sexual Discrimination in Utah Child Custody and Parent-Time Awards – I’m Just Going to Leave This Here (Part 2 of 2)
See Pusey v. Pusey, 728 P.2d 119-121 (Utah 1986): Opinion DURHAM, Justice: Plaintiff cross-appeals from that portion of the divorce decree awarding custody of the older son of the marriage to defendant…
Sexual Discrimination in Utah Child Custody and Parent-time Awards – I’m just going to leave this here (Part 1 of 2)
See Pusey v. Pusey, 728 P.2d 117, 121 (Utah 1986): ZIMMERMAN, Justice (concurring in the result): [I] also believe it is time to discontinue any hint of support for the notion of…
Do You Live in Salt Lake, Summit, or Tooele County and Are Being Denied Parent-time by a Non-compliant Co-parent?
Well, then, I have good news and bad news. Good news: you can file a motion with the court to seek relief. Bad news: prepare to wait a while before…
How to Handle Child Custody When the Mother Is Negatively Influencing the Child?
Do you want the truth? Or, more accurately, the truth as I see it, having practiced divorce and family law for the past 28 years as of the date I…
Equal Physical Custody – Give It a Chance . . . a Fair Chance
Equal physical custody should be awarded far, far more often than it is currently in Utah. There are so many situations in which we have two loving, fit parents who…
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…
Do I Receive Alimony if I’m the One to File for Divorce?
I cannot speak as to what the law is on all jurisdictions, but I can answer this question based upon the law of the jurisdiction where I practice divorce and…
Dividing Retirement Assets in a Utah Divorce
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…
Can My Spouse Keep My Property After I Have Been Removed or Moved Out of the Marital Home? By Braxton Mounteer
This is a common and important question that arises in a divorce. If you are out of the marital home—whether by court order (such as a protective order) or voluntarily—and…
Do We Need More and Better Court Intervention in Domestic Relations Cases?
In many types of civil litigation, the core issue is not whether time is of the essence, but whether one will eventually recover compensation, and if so, how much. Yes,…
Miner v. Miner – 2025 UT App 64 – modifying alimony, attorney’s fees
Miner v. Miner - 2025 UT App 64 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, v. JOHN E. MINER, Appellant. Opinion No. 20230278-CA Filed May 8, 2025 Fifth…
Will ORS automatically adjust the child support withheld from my paycheck when my child support obligation changes? By Braxton Mounteer, Legal Assistant
Will ORS automatically adjust the child support withheld from my paycheck when my child support obligation changes? The short answer to this question is no. ORS will not automatically review…
What Are Some Types of 50-50 Custody? Can One Parent Be the Custodial Parent in 50- 50 Custody With the Same Equal Time?
Great question (and follow up questions). What are some types of 50-50 custody? No matter what you call it (whether “50–50” or “50/50″), the meaning is the same: the children…
Protecting Yourself From a Spouse Who Has No Regard for Ethics, the Law, or Morality. By Braxton Mounteer
A fair and equitable divorce is the best that any decent person who goes through the divorce process can honestly hope for. If you know you that you will be dealing…
Why Collaborative Divorce Usually Isn’t Worth It
In theory, collaborative divorce sounds ideal. What is "collaborative divorce"? The two spouses discuss together with their lawyers, mental health professional, financial specialist, and sometimes a child psychologist or development specialist…
Yes, Equal Custody Is a Great Idea and Should Be Awarded Far More Often Than It Is Now, but That Doesn’t Mean Equal Custody Can Always Work.
Where both parents are fit parents and want to be as involved as possible in rearing that child—both out of a personal interest in enjoying parenthood and out of commitment…
When Does Child Support End Under Utah Law? Once a Child Reaches Majority? Sooner? Later?
This question perennially arises at graduation time, and it’s graduation time when I write this post. Unless your Utah-issued decree of divorce contains provisions for child support that deviate from…
Yes, Equal Custody Is a Great Idea and Should Be Awarded Far More Often Than It Is Now, but That Doesn’t Mean All Judges Agree.
Where both parents are fit parents and want to be as involved as possible in rearing that child—both out of a personal interest in enjoying parenthood and out of commitment…
Is Alimony off the Table Here?
My wife had an affair, got caught when she got pregnant by her lover, and then separated from me to move in with him. She had the baby and she…