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…
Another Thing I Realized About Why Custody Evaluators Don’t Want Interviews Recorded
I'm beginning to realize that the amount of subjectivity involved with custody evaluation findings and conclusions is almost absolute, when you have two fit parents; meaning that somebody could ask…
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…
The Case for Fault-Based Divorce: A Perspective from the Trenches of Family Law
As a legal assistant at a family law firm (and as a soon to be law school graduate), I see firsthand how the current no-fault divorce regime can create problems…
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…
How to Be a Good Client in Your Utah Divorce Case
Divorce is for most people a very stressful and emotional process. If you are ready to hire a divorce attorney, knowing how to approach working with your attorney can significantly…
How Can I Fight for Child Visitation and My Parental Rights Without a Lawyer in Utah?
No one is required to hire a lawyer to represent him/her in a child custody dispute. If you are involved in a termination of parental rights or child abuse case…
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…
Nelson v. Nelson – 2025 UT App 43 – alimony, income, loan
2025 UT App 43 THE UTAH COURT OF APPEALS VICKI JO NELSON, Appellee, v. JAMES Q. NELSON, Appellant. Opinion No. 20230483-CA Filed March 27, 2025 Third District Court, Salt Lake…
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 Get 3 House Valuations for a Divorce When Your Ex Has Remained 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…
If You Are Not Happy With the Current Child Custody Arrangement, Can You Change It?
I cannot answer this question as it applies to all jurisdictions, but I can answer it as it applies to the jurisdiction where I practice family law (Utah): Merely because you are…
How Can an Unfair Child Custody Arrangement Be Corrected in Utah?
It depends on how you reached this point, and how much time, if any, you have to fix it. If circumstances relevant to the child custody award have materially and…
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…
The Risk and Costs of Asking for a Deadline Extension in Your Divorce By Braxton Mounteer, Legal Assistant
If (or when) you find yourself in the midst of a divorce, you will likely feel like you're caught in a whirlwind of different forces pushing and pulling on you.…
Should I Appeal My Family Law Case in Utah?
It is common for many to be dissatisfied with the results of their family law cases. No matter how hard they fought or how long they worked at it, sometimes…
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…
Do Judges in Family Court Actions Have the Ability to Jail Parents Who Have Not Complied With Parts of the Custody Order for Contempt?
Do judges in family court actions have the ability to jail parents who have not complied with parts of the custody order for contempt? Yes. What are the limitations on…
How Much Should You Interact with Your Divorce Lawyer? A Pragmatic Guide By Braxton Mounteer, Legal Assistant
Divorce confronts one with many complex issues, emotional strain, uncertain outcomes, and often gut-wrenching decisions. One question that most divorcing people do not consider when they retain the services of…
What Should I Do if I Feel Like the County Family Court Judge as Well as My Lawyer Have Not Upheld My Legal Rights as a Parent?
This is a good question because the way you have posed the question reflects the problem many people have with the legal system. Your feeling may stem from the court…
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 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…
Why Does My Ex Want Full Custody Now That I Filed for Child Support?
If a parent has sole or primary physical custody of the children, then not only does that parent typically not end up having to pay child support to the other…
My Dad and I Want Changes to My Child Custody Orders. Dad Says It Will Be Months Before a New Order Can Be Written. Is That Right?
Probably. If your question is, “Does it take a long time to obtain a court order modifying a child custody award?,” the answer is, generally, “Yes.” I can't speak for…
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…
Proposed Utah Family Law Legislation I’m Following During the 2025 Session
There are many bills before the Utah Legislature during their 2025 session that I’m particularly interested in and that I am following. One of them is House Bill 33. HB…
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…
House Bill 281
I like this idea (House Bill 281) https://le.utah.gov/Session/2025/bills/static/HB0281.html Do you like it too? If not, I'd like to know why. Schools are being asked to provide services that have nothing…
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…
Krajeski v. Krajeski – 2025 UT App 19 – Separate vs. Marital property
Krajeski v. Krajeski - 2025 UT App 19 Oral argument (Utah Court of Appeals archive): https://youtu.be/LoIy9N8wThc THE UTAH COURT OF APPEALS TAMI KRAJESKI, Appellee, v. DAVID L. KRAJESKI, Appellant. Opinion No. 20230174-CA…
Can I Buy a House Before or While Going Through a Divorce? Should I?
We won’t keep you in suspense: yes, you might be able to buy a house before or during the pendency of a divorce case. However, in most cases, you should not.…
What Do I Do When I Realize My Divorce Attorney Betrayed Me and Helped My Ex-spouse, so That I Can Set Aside the Divorce Settlement Due to False Representations Made in Our Divorce Settlement Negotiations?
I will answer this in the context of the way this issue is treated in my jurisdiction (Utah). First, understand that to prevail on a claim in court, you must…
Is Therapy Necessary in Utah Divorce?: What You Should Consider
Therapy in the context of this post means “mental health therapy”; meeting with a licensed talking with a psychologist, psychiatrist, or another mental health provider. This kind of therapy is…
Too Many Fraudulently Sought Protective Orders? – The Buck Stops with the Courts
I humbly and respectfully submit that the following clearly do not meet the burden of proof under the preponderance of evidence standard and thus do not support entry of a…
Toward Equal Child Custody Awards in Utah: Progress Made and Still to Be Made
Historically, in the state of Utah, and throughout the United States, cultural bias as to which parent is granted primary custody plays a major role in child custody decisions. Originally,…
How Does Fraudulently Filing for a Protective Order Often Give the Applicants an Insurmountable Unfair Advantage in a Divorce or Child Custody Case?
By exploiting legal mechanisms designed to protect actual victims, here are ways that fraudulently seeking a protective order can create an unfair advantage: Immediate Restriction on Contact and Access Temporary…
The Difference Between Reunification Therapy and Family Systems Therapy By Braxton Mounteer, Legal Assistant
Families often find themselves having to confront their conflict and dysfunction when a divorce is filed. When families face conflict or dysfunction, therapy can (can, not always will, but can)…
Too Many Fraudulently Protective Orders? – The Buck Stops with the Courts
It could have happened as alleged I find the applicant credible (but I won’t mention that a) I also find the respondent equally credible; or b) I can’t articulate a…
The Cause of “Protective Orders Disorder” and Its Cure
A previous post (The Cause of “Protective Orders Disorder” and How to Prevent It.) discussed the trouble caused by granting domestic violence protective orders without a preponderance of evidence. This…
The Cause of “Protective Orders Disorder” and How to Prevent It.
“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” (Benjamin Franklin) It is undeniable that courts frequently take a "better safe…
What is Good Evidence in Divorce Proceedings, and What Critical Role Does It Play?
In divorce litigation, strong, compelling evidence is the cornerstone of successfully navigating critical legal determinations. When significant issues such as child custody, child support, property division, marital debt allocation, and…
Evidentiary Practice in Family Law Proceedings in Utah: A Relaxed Standard
Family law proceedings in Utah (and in all other states, frankly), differ significantly from other areas of civil or criminal litigation, particularly when it comes to evidentiary practices. While the…
The Pros and Cons of Having Your Spouse Investigated by a Private Investigator During a Divorce in Utah. By Braxton Mounteer, Legal Assistant
Many individuals in a divorce consider hiring a private investigator, hoping to uncover information that could affect the outcome of the case. While hiring a private investigator (PI) may seem…