The False Economy of the Cheap Divorce Lawyer
A cheap divorce lawyer almost always costs more in the long run. Low-fee lawyers keep prices low by cutting corners (reusing boilerplate, outsourcing analysis and judgment, and rushing cases to…
The Absentee Lawyer Problem: When Your Attorney Isn’t Being Fully Responsible for the Work
The Absentee Lawyer Problem: When Your Attorney Isn’t Being Fully Responsible for the Work A growing number of divorce clients are unknowingly paying for work their lawyer never actually did.…
Understanding Judicial Discretion and Its Abuses in Utah Family Law
Utah judges and commissioners can—and many often do—bend or ignore laws/rules and facts. Learn how this happens, why appellate oversight rarely corrects it, and what litigants can do to protect…
Pushing Back Against Judicial Micromanagement: Divorce Courts Need to Enforce Law, Not Parent the Parents
Utah divorce and family courts sometimes wander into nanny-court social engineering, issuing orders that treat parents like fools and/or helpless children who can’t be trusted to act sensibly without judicial…
My Spouse Has Disappeared During the Divorce Process, How Can I Find Him/Her?
In Utah, you can still get divorced if your spouse disappears, but only after proving you made a diligent search and using court-approved alternative service of process methods. Missing spouse…
Is the Term “Neurodivergent” Being Bandied About in Family Law Circles as a Way of Manipulating the Courts?
Yes. The term “neurodivergent” is increasingly being used in family law not only as a genuine descriptive category but also as a rhetorical and strategic tool. Here’s how it’s being manipulated: As…
The Most Common Non-Legal Mistakes Divorce Clients Make That Complicate Their Cases
One’s divorce case rarely falls apart just because it is legally or factually weak. More often, it’s the divorcing parties themselves who complicate their cases through avoidable mistakes. Courts in…
Why Are Divorce Cases Often Delayed?
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…
Should I Go Through My Child’s Phone or Other Devices During the Divorce?
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.…
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…
Can You “Buy” a Quicker Divorce Settlement in Utah?
Will offering your spouse more money guarantee a quick Utah divorce settlement? Sometimes. But it often backfires. Here’s how Utah divorce law treats lopsided settlements, when “buying peace” makes sense,…
State v. Hansen – 2025 UT App 121
State v. Hansen - 2025 UT App 121 THE UTAH COURT OF APPEALS STATE OF UTAH,Appellee, v. STEPHANIE HANSEN,Appellant. Opinion No. 20220178-CA Filed August 14, 2025 Fourth District Court, Provo…
Should I Tell My Spouse Before I File for Divorce? Or Will That Put Me at a Disadvantage?
Telling your spouse you are considering divorce before filing can either open the door to a cooperative, low-drama split—or give them time to get the jump on you and hurt…
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…
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…
How to Handle Child Custody When the Mother Is Negatively Influencing the Child?
Although they shouldn't do it, courts will generally treat mothers and fathers differently simply based upon sex. Sexual discrimination, to put it bluntly. Not all courts do this, but many…
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…
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…
How Common Are Cases Where Divorce Proceedings Take a Dramatic Turn Because of Unexpected Evidence, Like in Court Dramas?
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…
Is It Possible to Divorce With Dignity?
Divorce is rarely an easy process. Even in fairly amicable situations, emotions can run high and the temptation to engage in dirty tricks can be strong. However, it is possible—and…
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…
Garner v. Kadince – 2025 UT App 80 – AI, hallucination, fake precedent, sanctions
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…
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…
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…
Should I Pay My Lawyer to Communicate With the Opposing Party’s Attorney?
Question: Should I pay my lawyer to talk to the opposing party’s attorney? He spent 3 hours last week responding to 12 emails from opposing counsel and I need to…
Don’t Play Dirty in Divorce Just Because Your Spouse Does By Braxton Mounteer, Legal Assistant
We’ve all heard some version of this story: the dramatic, knock-down, drag-out divorce. Where every move is a power play and every lawyer is part strategist, part saboteur. If you're…
How to Identify and Avoid Some Common Dirty Tricks in Divorce Cases. By Braxton Mounteer, Legal Assistant
Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…
How Do You Get a House Valuation/Appraisal for a Divorce When Your Spouse Has Remains Living in It?
A house does not need to be vacant to be appraised and evaluated. The appraiser(s) can inspect and evaluate the house while you're spouse or ex-spouse is still living there…
A Family Law Attorney 6 Months Out of Law School Works as an Assistant to One of the Top Family Law Attorneys in the Country. Could This New Attorney Handle an Extremely Wealthy Person’s Child Custody Case? Would Her Boss Let Her?
Anything is possible, but it is not likely that a recently licensed lawyer of only 6 months could handle an extremely wealthy person’s child custody case. Extremely wealthy people usually…
How to Deal with a Difficult and Dishonest Opposing Party (and his/her lawyer) in Utah Family Law Cases By Braxton Mounteer, Legal Assistant
When you're involved in a family law matter whether it's a divorce, child custody dispute, or a spousal support issue, one of the most frustrating challenges to encounter is an…
After Divorce, My Ex Uses Parental Controls to Spy on My Parenting Time. Can Tech Custody Agreements Exist?
Yes, they can. Not merely agreements, but binding and enforceable court orders can be made by the court to address such an issue too. They are hard to enforce (because…
Should You Get Divorced? Weighing Your Options in a Difficult Decision By Braxton Mounteer, Legal Assistant
The decisions to marry and to end a marriage are not decisions to be taken lightly. If divorce is ever an easy choice, something is terribly wrong. Wrong with the…
A Big Problem with Child Abuse and Parental Alienation Accusations in Family Court
I can identify the problem by phrasing it in the form of several hypothetical questions to a judge: Is the approach to the allegations going to be, “Because these kinds…
What Can a Father Do If, After the Divorce, the Mother, Who Has Custody of the Child, Turns the Child Against the Father?
What can a father do if, after the divorce, the mother, who has custody of the child, turns the child against the father? What can he do? There are many things he…
How Do You Combat a Narcissistic Husband Who Isolates Your Child During a Divorce?
Warning: my answer is blunt, and it is directed primarily at women/mothers who make (or contemplate making) false claims, but even if you are not making or contemplating making a…
Should High-Profile Divorces Be Granted Extra Privacy Protections in Court, or Should All Divorce Proceedings Be Equally Transparent Regardless of Wealth and Status?
As soon as we start treating people differently, two things happen: 1) the idea of people being treated equally goes out the window and 2) everyone starts claiming, “My case…
Ragsdale v. Fishler – 2025 UT App 36 – civil stalking – free speech
Ragsdale v. Fishler - 2025 UT App 36 THE UTAH COURT OF APPEALS KRISTI RAGSDALE, Appellee and Cross-appellant, v. GEORGE FISHLER, Appellant and Cross-appellee. Opinion No. 20230023-CA Filed March 13, 2025 Third…
A Critical Analysis of Court-Ordered Mental Health Therapy in Utah Family Law
In family law proceedings, particularly those involving child custody disputes, courts frequently order parents and children to engage in mental health therapy. While the ostensible intent behind these orders is…
Reject the Contemporary Utah Custody Evaluation or PGAL Couse of Action: Record the Interviews of the Children Involved in Utah Child Custody Disputes
In legal disputes over the physical custody and parent-time awards, minor children have the greatest stake in the outcome. Minor children who are mature and intelligent enough to articulate their knowledge…
How Should I Communicate With My Spouse During the Pendency of Divorce Proceedings?
This is an extremely good question because I am amazed (as a divorce and family lawyer who has been in practice for 28 years) how divorcing couples and parents communicate…
How Should Parents Document Communications During Custody Disputes?
Great, great question. First, fairly and accurately. Do not selectively cite the other parents communications with you and with others. If you do that, your credibility suffers. Second, relevantly. So…
In re I.C. – 2025 UT App 20 – thinking of smuggling a child instead of adoption?
In re I.C. - 2025 UT App 20 2025 UT App 20 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF I.C., A PERSON UNDER EIGHTEEN YEARS…
What Is the Correct Way to Answer a Yes/No Question in Your Family Law Proceeding?
With rare exception, the correct answer to any yes/no question (also known as a polar question) in your family law proceeding is: “yes,” “no,” or “I don’t know/I don’t remember”…
It Tolls for Thee: The All Too Frequent Tragic Cost and Futility of Family Court
“Quid rides? Mutato nomine et de te fabula narrator. [Why do you laugh ? Change only the name and this story is about you.]” Here’s a deeply disturbing but all…
How Do You Fight an Attorney Who Keeps Asking for and Obtaining Continuances in a Family Court Case?
An unscrupulous opposing party and his/her attorney can find many benefits to delaying the progress of a pending court case, so it comes as no surprise if and when you…
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…
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…
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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