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…
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…
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…
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…
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…
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…
Even if you trust your former spouse to deal with you honestly and in good faith in any matter pertaining to your divorce, why should you communicate in writing with…
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…
Elder v. Elder - 2024 UT App 68 THE UTAH COURT OF APPEALS BRITTANY LEE ELDER, Appellee, v. MATT BLAKE ELDER, Appellant. Opinion No. 20210902-CA Filed May 9, 2024 Second…
Whether you should be or try to be friends with your spouse after a divorce is a tough question to answer. Many divorced people continue to care about each other…
See parent question. I am a divorce lawyer, and after a divorce case ends (meaning a decree of divorce has been issued and case essentially closed), I literally never know…
Yes, it is possible, but not always possible, and when it is possible it is often very difficult to accomplish. Difficult not because custody evaluators are particularly competent (they typically…
"Some false representations contravene the law; some do not. The law does not pretend to punish everything that is dishonest. That would seriously interfere with business, and, besides, could not…
2024 UT App 52 - In re A.S. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S. AND J.S., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
I’m Braxton Mounteer, a legal assistant. I've written and talked about this problem before, but it's a recurring problem and a serious one. It's hard enough to muster the courage…
Did you see this in the news in Utah (from the Salt Lake Tribune)? A Utah man never hit his wife — until he tried to kill her. But how…
Can it be overturned? It is possible. Will it be overturned? The odds don’t favor Dad. While some fathers who are falsely accused do obtain vindication, the odds are against…
The family law legal system likes to portray itself as a shining beacon of justice and equity, but I have seen first-hand that it is not. Whether it is opportunistic…
We all know the aphorism, "If it looks/sounds to good to be true, it probably is [not true]." This also means, however, that if it looks/sounds too 𝙗𝙖𝙙 to be true, it…
If you want just my direct answer to this question, skip to the last paragraph, but I submit that you’ll have a much better understanding of the answer if you…
Recently an attorney posed a question on a forum for fellow Utah family law attorneys. The question involved how to find out what the children’s experiences have been with one…
The point of a psychological evaluation isn’t to establish if someone merely suffers from any mental or emotional disorder or disorders, but to help determine whether such disorders, if they…
When those who will be ordered to divide assets with a spouse and/or pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their…
What do you do when your spouse threatens to walk out and take the children even though you have been an equal and contributing partner in the marriage? It is…
Divorce is already hard enough on the parties involved, but it is even harder on the children of the recently separated family. I speak as a child of divorce, who…
Holt v. Holt - 2024 UT App 6 THE UTAH COURT OF APPEALS RHONDA S. HOLT, Appellee, v. CHRISTOPHER JOHN HOLT, Appellant. Opinion No. 20220090-CA Filed January 11, 2024 Third…
In the jurisdiction where I practice divorce law (Utah), the law is NOT that joint debt incurred during the marriage will presumptively remain the debt of both spouses (and thus…
I have been asked by a reader to answer two questions. The first: whether I believe courts generally apply a double standard in the treatment of mothers and fathers when…
Let’s discuss this principle in the context of DUIs, but the principle applies in any situation in which you could be questioned in regard to any crime. What is hard…
You may be asking yourself, why should I order from the court a copy of the audio recordings of my court hearings? Shouldn’t the court's own notes in the written…
I often encounter sneaky spouses who after separation and/or after a divorce action has been filed, start sending text messages and emails to the other spouse making false claims like:…
To those of you who ask, “How did I lose that argument in my divorce case? The judge couldn’t say why he/she believed my witness(es) over my spouse’s witness(es)!”: A district…
Generally, yes. Utah Family Law, LC | divorceutah.com | 801-466-9277 (48) Are good people suffering more from divorce than bad ones? - Quora
In my time as a legal assistant in the family law profession, I have observed many different kinds of client behaviors, some better than others. Those behaviors that cause the…
Many people complain (justifiably) about child support in this regard: parents who qualify to receive child support or to receive more child support by being unemployed, underemployed or who deliberately…
You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to…
You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to…
State v. Fowers - 2023 UT App 128 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. THOMAS FOWERS, Appellee. Opinion No. 20220073-CA Filed October 26, 2023 Fourth District Court,…
In re A.S.G.-R. - 2023 UT App 126 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S.G.-R., A PERSON UNDER EIGHTEEN YEARS OF AGE. G.R., Appellant,…
In re H.M. - 2023 UT App 122 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.M. AND D.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. G.B., Appellant, v.…
The Utah State Legislature passed this into law an amendment to Utah Code § 77-36-2.1, which was effective May 3, 2023. The newly amended code section now requires police officers to…
Clark v. Clark - 2023 UT App 111 THE UTAH COURT OF APPEALS SUSAN JEANNE CLARK, Appellee, v. RICHARD LEE CLARK, Appellant. Opinion No. 20210713-CA Filed September 28, 2023 Fourth…
Effectively, you can’t. You might be able to verify whether your lawyer is telling the truth about his/her winning record if the lawyer is willing to give you the information…
One of the hardest documents for a Utah divorce litigant to prepare is the financial declaration. I am amazed at the number of clients who don't take this document and…
Lawyers’ reputation for lying is, unfortunately, well-founded. There is a Bosnian proverb, “He who will lie for you will lie to you.” Lawyers who lie for their clients (and there…
Some do (if you can imagine an attorney doing something like that, it’s probably already been done), but they’re outliers, and they are violating both the law and the rules…
The term for representing yourself in court is "pro se" or "pro per". Can you navigate the legal system successfully without a lawyer representing you in your case? Before I…
Who would you believe more in a court case: a person who admits to his/her faults, who honestly discloses all of his/her relevant information (even the information that hurts his/her…
Unless a court were to order that a parent was barred from traveling out of state or out of the country with the children on vacation, a joint legal and…
2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The…