Arb-Med in Divorce: Why the First Reaction May Be Wrong
New ideas are rarely adopted by the average person first. That is a useful point Seth Godin recently made in his blog recently. When you ask ordinary people whether they like a…
When an “Absent” Parent Was Pushed Out
When a parent isn't active in a child's life, most people think they already know why. He must not care. She must have checked out. He must have wanted something…
The Pitfalls of Co-Parenting “Help”: Are Special Masters and Parent Coordinators Worth the Cost in a Utah Custody Dispute? Not Usually.
Special masters and parent coordinators sound like practical solutions to exhausting parenting disputes. When parents keep fighting over exchanges, expenses, holidays, phone calls, school issues, and extracurricular activities, the idea…
Trust Me Is Not Evidence: The Custody Black Box in Utah Family Court
In most courtrooms, a litigant cannot restrict another person’s fundamental rights by repeating untested, out-of-court accusations. If a party tries to prove serious allegations through “someone told me” evidence, the…
The Hard Truth About Grandparents’ Visitation “Rights”
Utah grandparent visitation rights can be court-ordered, but they are hard to win. A grandparent can ask a Utah court for visitation, but Utah law starts with a strong presumption in…
Is the Settlement of Your Real Property Truly Equitable in Your Divorce Case? Why Real Estate “Net Value” Matters
That eagerness to cross the finish line can be so seductive in reaching a divorce settlement agreement. If the division of assets looks 50/50 on paper, it is easy to…
Fear Wearing the Mask of Reason
On the surface, family court looks like a place of reason. There are statutes, rules of evidence, financial declarations, parenting plans, sworn testimony, judicial findings, and orders written in the…
Utah Child Custody and Long-Distance Relocation: “The 150 Miles or More Rule”Explained
Few child custody disputes create more uncertainty than relocation. A parent may wantto move for a new job, remarriage, school, lower housing costs, or to be closer to family.Those reasons…
When Divorce Decrees Outlive the Divorced
A divorce decree is not a suggestion. It is not a handshake. It is not a rough outline of what the parties might do later if everyone feels cooperative. It…
Divorce Decree Property Awards Survive Death: Slaughter v. Alleman
2026 UT App 85 THE UTAH COURT OF APPEALS JOHN B. ALLEMAN, Petitioner, v. THE HONORABLE CHRISTINE JOHNSON AND APRIL SLAUGHTER, Respondents. APRIL SLAUGHTER, Appellee, v. JOHN B. ALLEMAN, Appellant.…
Put the Rules Where the Power Is
Every courthouse hallway has its own atmosphere. People sit on benches waiting for decisions that may affect their children, property, liberty, safety, income, or reputation. Lawyers hurry between hearings. Witnesses…
Does Child Support Cover School Fees and Extracurricular Activities in Utah?
One of the most common sources of conflict between co-parents is not just custody exchanges, holiday schedules, or even the monthly child support payment. Often, it is the steady stream…
The “Best Interests” Standard: Common Factors Judges Consider in Utah Child Custody and Parent-time Disputes
When parents separate or divorce, one of the most important questions is how custody of their children will be determined. Many parents enter the process believing the court will automatically…
“I’ll Give It the Appropriate Weight” Is Not a Rule of Evidence
Few courtroom phrases are more soothing—or more dangerous—than this response to a valid hearsay objection: “I’ll admit it, but I’ll give it the appropriate weight.” The phrase sounds disciplined. It…
PGALs Are Almost Always Appointed for the Court’s Convenience, Not the Child’s Benefit or for the Benefit of Seeking the Truth
For many parents involved in child custody disputes, the phrase “appointing a PGAL” comes up before anyone explains what it means. “PGAL” is short for private guardian ad litem. In…
Walking in Their Shoes: The Reciprocal Argument Rule in Family Law Litigation
Family court is not ordinary litigation. In a business dispute, the parties may fight hard, settle, and never see each other again. In divorce and child custody disputes, the parties…
No Remedy Without a Wrong: Why Family Courts Must Stop Rewarding Fabricated Grievances
There is a basic principle at the heart of equity: where there is a legal wrong, there should be a remedy. But the inverse matters just as much: where there…
Child Custody and Parent-time Awards Need to Incorporate More Humility
Many parents (I’d say even most parents) enter family court hoping someone will fix everything. Believing that: the judge will see through the lies. the custody evaluator will identify the…
How Extended Summer Parent-Time Actually Works Under Utah Code §§ 81-9-302 and 81-9-303
Not every Utah parent is subject to the default parent-time schedules found in Utah Code §§ 81-9-302 and 81-9-303. Many parents operate under customized custody and parent-time provisions created by agreement or court…
Co-Parenting Apps: Useful Tool or Expensive Solution in Search of a Problem?
Parenting apps are now everywhere in modern child custody disputes. Lawyers recommend them. Parenting coordinators recommend them. Guardians ad litem recommend them. Courts sometimes order them. And the companies behind…
When Joint Legal Custody Parents Disagree About an IEP in Utah
Some of the strongest child custody disputes are no longer fought primarily through parent-time schedules, exchange disputes, or even direct allegations of abuse. Increasingly, they are fought through institutions. Schools.…
Divorce Mediation Wastes Time, Money, and Effort. There Is an Obvious Better Way.
The way divorce mediation is conducted in Utah is wildly overrated, yet that fact is one of the best kept secrets in the family law legal profession. To be clear,…
Equal Custody in Utah: Common, Increasingly Favored, but Still Not Presumed
A growing number of divorcing and unmarried parents walk into consultations convinced that Utah law now requires “50/50 (equal) child custody.” Some are absolutely certain of it. They heard it…
The Rule 702 Gap: Why Utah Custody Evaluations Need Real Evidentiary Scrutiny
In a Utah personal injury case, if a doctor testifies that a low-speed collision caused a traumatic brain injury, that opinion will usually face meaningful scrutiny under Rule 702 of…
Beyond 18: When Utah Law Requires Continued Support for Adult Children with Disabilities
Discover how Utah Code § 81-6-101 allows for child support to continue indefinitely for adult children with cognitive disabilities. Learn the legal standards for incapacity and how a Special Needs Trust can…
Divorce Litigants Need (and Deserve) Basic Courtroom Education Before Evidentiary Hearings and Trial
Utah law already recognizes that divorce is a life-altering event. Under Utah Code § 81-4-105, parents must attend an orientation course because the state knows this process is emotionally volatile and…
Credibility Determinations Belong to Courts, Not Custody Evaluators
In a surprising number of child custody disputes, courts make major decisions based heavily on conversations nobody else gets to see or hear. A custody evaluator interviews the child privately.…
Do You Actually Need a Vocational Evaluator? How to Prove Earning Capacity in Utah Divorce Cases
In many Utah divorce, alimony, and child support cases, you may not need to spend thousands of dollars on a vocational evaluator to prove earning capacity. Courts determined whether people…
Why “Reasonable Parent-Time” Often Turns Into Unnecessary Conflict
ABSTRACT: Vague parenting plans built around “reasonable parent-time” often create more conflict, not less. When schedules, holidays, exchanges, and responsibilities are left undefined, parents frequently end up arguing about expectations…
The “Custom-Tailored” Holiday Schedule vs. Utah’s Statutory Plan
One of the most common mistakes parents make in Utah child custody disputes is assuming that a “custom-tailored” holiday schedule must automatically be better than Utah’s standard statutory holiday parent-time…
The “Delete” Trap: Why Wiping Your Hard Drive During a Divorce Can Blow Up Your Case
Deleting digital evidence during a Utah divorce can trigger sanctions, contempt findings, attorney fee awards, and devastating credibility problems. Learn how Utah courts treat destroyed evidence under URCP 26, 26.1,…
Wilson v. Wilson: Utah Court of Appeals Enforces Divorce Mediation Settlement Agreement
Wilson v. Wilson - 2026 UT App 72 THE UTAH COURT OF APPEALS LISA A. WILSON,Appellant, v. BRAD J. WILSON, Appellee. Opinion No. 20240444-CA Filed May 7, 2026 Third District…
Parens Patriae: Why the Court Gets Involved in Your Family
If you’re dealing with a divorce or a child custody dispute, there’s something you need to understand early: This is not just your case. That’s not rhetoric. It’s how the…
Plausible Isn’t Proof: And “Discretion” Doesn’t Fix It
Stephen Petro recently made a point that should be obvious, but in the heat of litigation, often isn’t: A “reasonable” answer is not the same thing as a correct one. A reasonable answer…
The Third Way: A Strategic Exit from the Divorce Court/Mediation Loop
Divorce cases spiral and stagnate because the system allows for posturing and delay without consequence. The courts are overwhelmed and apathetic. Mediation, as typically structured, does not require resolution. Without…
When No Good Deed Goes Unpunished in Divorce
Good behavior in a marriage is often the wrong behavior in a divorce action (and vice versa) Divorce changes the rules midstream. That is the part most people don’t see…
How Much a Divorce Really Costs (and Why It Gets Out of Control)
Ask some lawyers or clients what a divorce costs and you’ll get an estimate. But divorce doesn’t have a fixed price (often even when a lawyer quotes you a seemingly…
NFTs in Divorce: How Courts Value (and Misvalue) Volatile Digital Assets
When a $100,000 asset can become $1,000 before trial, valuation timing—not ownership—is the real fight. If you’re holding NFTs and heading into a divorce, understand this: the court does not…
How So-Called Temporary Orders Subtly Decide Your Case
“Temporary orders” sound harmless. Interim. A placeholder until the whole case gets decided. That’s not how they function in the real world. In virtually every Utah divorce and child custody…
Why Mediation Often Fails (Even When Both People Want to Settle)
Mediation is supposed to be where divorce cases get resolved. And to be fair, a lot of them do. But a surprising number don’t. Not because one or both people…
Parenting Apps: A (Paid) Solution Looking for a Problem
Everyone in family law has heard the pitch: download a parenting app, pay a monthly fee, and suddenly your co-parenting problems become organized, documented, and “court-ready.” It sounds responsible. It…
Digital Housekeeping Before Divorce in Utah: Why You Must Change Your Passwords First
Before you file for divorce, your spouse may already have access to more of your life than you realize; your emails, financial accounts, personal documents, and even your private communications…
What Actually Happens When You File for Divorce in Utah (And Why It Takes So Long)
When most people think about divorce, many may picture a courtroom, a judge, and a decision. But this process is a long, costly, and discouraging one. A typical contested divorce or…
Get to the Point
There’s a simple way to reduce confusion and wasted time: answer the question that was asked—first, directly, and without detours. In law, this matters more than most people realize. When…
The “Easy Way Out” That Can Cost You Your Kids in Utah: Why Pleas in Abeyance in DV Cases and Innocence Don’t Mix
You’re sitting there with a domestic violence (DV) criminal charge hanging over your head. And you’re innocent. Yet you’re scared. You're distressed. You’re tired. You want it over. Then comes the…
Can You Win Child Custody If Someone Else Is Raising Your Kids During the Week?
This question is more common than you might think. Some may be in this situation: “I want custody for stability.” “I need custody because it affects support.” “I’m the better…
Deepfakes in Utah Divorce and Child Custody Disputes: Not If But When
A few years ago, the concern was fake law; lawyers citing to AI-generated cases that didn’t exist. That already happened in Utah. See Garner v. Kadince. The next concern is worse:…
Hiding Cryptocurrency in a Utah Divorce: Harder Than You Think, More Expensive Than It’s Worth
People hear “crypto” (cryptocurrency; Bitcoin, Ethereum, etc.) and assume “untraceable.” That assumption gets tested quickly in a divorce. In Utah divorce disputes over property division, cryptocurrency is treated like any…
Using Smart Home Tech to Spy on a Spouse in a Utah Divorce Case?
The modern Utah home is a goldmine of digital data. In a divorce or child custody dispute, it often becomes something else: a surveillance system one spouse tries to weaponize…
The Legal Assistant’s Role: What Actually Keeps Your Case from Falling Apart
When people think about a divorce or child custody dispute, they picture court—hearings, arguments, big decisions. And it’s the day-to-day work in most cases that decides whether cases are won…
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