If a Parent Refuses to Work, Does That Mean the Other Parent Pays Higher Child Support?
In Utah, a parent is not required to have a job and it's likely that a court cannot order a parent to get a job and earn money. If that parent…
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…
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…
KSL News Story “Child and Family Services speaks to lawmakers after 12-year-old’s death”
In this KSL.com news article, written by Garna Meijia, reporting on the Department of Child and Family Services (DCFS) addressed the Rules Review and General Oversight Committee. Please read more…
How to Pronounce Certiorari and What It Means.
Today’s question comes from a viewer of the UFTLV channel who wants to know not only what this term means, but how it is properly pronounced! First, the definition: an…
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…
THE BEST PERSON TO “SPEAK FOR A CHILD” IS THE CHILD HIMSELF/HERSELF, NOT A GUARDIAN AD LITEM
“Speak your mind—even if your voice shakes. . . . When you least expect it, someone may actually listen to what you have to say.” — Maggie Kuhn I have…
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…
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…
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…
How to Fill Out Your Financial Declaration, Paragraph 6. By Braxton Mounteer, Legal Assistant
Paragraph 6 of your financial declaration addresses your after-tax income. Your after-tax income is a simple calculation. Take your gross monthly income (calculated in paragraph 4) and subtract your monthly…
How Do You Enforce Court Orders That Have Been Issued in a Utah Divorce Case or Child Custody Case?
Many people who have gone through a divorce case or unmarried parents who have gone through a child custody case find themselves at the end of the case with a…
How to Fill Out Your Financial Declaration, Paragraph Five. By Braxton Mounteer, Legal Assistant
Paragraph five of your financial declaration is about the amount of taxes on your monthly income that you pay per month (or what the average monthly deduction from your income…
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…
What About My Children? Can They Use Social Media During My Divorce?
Unless the law of your jurisdiction or a court order in your particular case prohibits your children from viewing or posting on social media during the pendency of the divorce…
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…
If Someone Is Caught Breaking a Protection Order and They Go to Court for That Can the Person Who Needed the P.O. Go to Court to Speak out About the Violation?
Yes, but it depends upon what you mean by “can the person who needed the P.O. go to court to speak out about the violation?” If the person who needed…
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,…
What Is Dissipation of Marital Assets? How Is It Addressed in Utah Divorce Actions?
We’ll start with this: The marital estate is generally valued at the time of the divorce decree or trial. Goggin v. Goggin, 2013 UT 16, ¶ 49, 299 P.3d 1079. The…
Is it possible for a husband to set conditions for getting back together after a separation or divorce, even if the divorce has already been filed?
This question is best answered in two parts. Can a husband dictate what his wife “must do” to reconcile with him? Obviously he cannot. Reconciliation is a mutual decision. Even…
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…
Lessons for Protective Order Respondents from the case of State v. Lewis (2024 UT App 96)
On July 11, 2024, the Utah Court of Appeals issued its decision in the case of State v. Lewis (2024 UT App 96). The appellant, Kevin Lewis (Kevin), appealed his conviction for…
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 91 – In re R.D. – Juvenile Court Jurisdiction – Parental Presumption
2024 UT App 91 – In re R.D. THE UTAH COURT OF APPEALS IN THE INTEREST OF R.D. AND Z.J., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.J., Appellant, v. N.J.…
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…
How to Fill Out Your Financial Declaration, Paragraph One. By Braxton Mounteer, Legal Assistant
If you find yourself involved in a Utah divorce action (whether child support will be an issue or not) or an action over the support of minor children in Utah…
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…
If Your Husband Files for Divorce, Can He Ask You to Leave the House Immediately?
I can't speak for the law in all jurisdictions, but I can tell you what the law is where I practice divorce law (Utah). Can your spouse ask you 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…
Do You Lose Parental Rights Automatically When You Get Divorced if You Do Not File for Visitation or Custody?
Make sure you understand the terms you and others may be using in asking and discussing this question. If you are a parent of minor children, and you are involved…
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…
What Can Be Done if a Prenuptial Agreement Does Not Meet the Requirements for Validity in Your State? What Are the Available Options for Handling This Situation?
While I am a divorce and family lawyer (licensed in Utah), I do not claim to be an expert on the subject of prenuptial agreements. That stated (and acknowledging that…
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…
Holding Marital Property Hostage During a Divorce Just Makes You Look Petty By Braxton Mounteer, Legal Assistant
You may have the idea that you can leverage his or her favorite or most valued things to get a more favorable outcome in your divorce. Holding property that rightfully…