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…
After 28 years of divorce practice (as of the date this post is shared), I've watched countless cases that could have and should resolve in months drag on for a…
Why this comes up Divorce makes parents hyper-vigilant. A child’s smartphone can feel like the master key to what’s really happening—messages with the other parent, photos, social media, location history.…
Don’t divorce lawyers make mediation harder and more expensive? I'm a divorce lawyer, and I'll be the first to admit it: sometimes lawyers can do more harm than good in the…
Love vs. Law In Utah, stepparents have no inherent visitation rights during the pendency of divorce proceedings or after the court issues the divorce decree. Unless you qualify under the…
(For educational purposes only. Consult your attorney before you considering using these in your own case.) GAL Acting Like a Witness Without Being Sworn “Your Honor, I object. The Guardian…
For generations, the billable hour has been the dominant billing tool of the legal profession. Consequently, courts, attorneys, and even clients have assessed “reasonableness” of an attorney’s fees against the…
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…
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…
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…
Are you thinking about offering a settlement in your Utah divorce or child custody case? Here is what you should consider before you make the first move — including how…
Do you wonder whether your divorce lawyer is ignoring what really matters in your divorce or custody case? With this post you will learn why your concerns may be legally…
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…
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…
I. Introduction A psychological evaluation in a custody or divorce case sounds powerful. You may believe (or even know) your spouse to be manipulative, unstable, or even dangerous. So why…
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 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 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.,…
In Utah, divorce-related child custody disputes often escalate over parenting flaws that wouldn’t justify state intervention outside divorce. This approach is flawed because it creates a double standard that unfairly…
By Braxton Mounteer, Legal Assistant One of the most common accusations we hear in divorce cases today is: “My spouse is a narcissist.” It's become the go-to label for bad behavior,…
Most cases don't need a PGAL or evaluator appointment. Why are court interviews often the better choice?: Quality of evidence: Direct court interviews create objective, recorded testimony rather than subjective, unverifiable,…
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…
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…
TL;DR: No, not without strict limits. In Utah, no parent may not allow a registered sex offender to be around your children—even in that parent’s own home—without the other parent’s…
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…
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:…
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…
If you are considering filing for divorce—or if your spouse has already filed—you’ve probably consulted with a divorce lawyer (or should). You likely have your own views (and blind spots)…
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…
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…
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…
Divorce has many components, one of which often includes litigating in court. Ensuring a fair outcome in your divorce case requires more than just going to court and arguing. One…
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…
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…
In my 28 years’ experience, it’s not common. Indeed, if divorce cases took dramatic turns routinely, they couldn’t be considered dramatic turns. That stated, very true a skilled divorce lawyer…
Given that the 3rd District requires mediation under § 81-9-102(a). (Expedited Parent-time Enforcement Program (emphasis on “expedited”), before it will hear motions to enforce and for sanctions (MTEs) that allege court-ordered…
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…
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…
Yes, it is advisable. You can’t go wrong by waiting to start dating until after your decree of divorce is issued by the court. Personally, I consider it immoral to…
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…
Garner v. Kadince - 2025 UT App 80 THE UTAH COURT OF APPEALS MATTHEW GARNER, Petitioner, v. KADINCE, INC.; JARED HALES; AND AARON VENEZIA, Respondents. Per Curiam Opinion No. 20250188-CA…
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,…
One of the best evidence-gathering tools that a divorce litigant has at his/her disposal is a deposition. What is a deposition? To answer that question, you first need to understand that a…
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? The short answer to this question is no. ORS will not automatically review…
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…
Does Utah law require divorced or single parents to pay child support in the form of college tuition for their children? Require it? No. Utah does not require divorced or single…
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…
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…
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…