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…
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…
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…
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…
Always? No. Frequently? Yes. Usually. Yes. Whether they deserve it or not? Usually, yes. Are mothers awarded custody of children as much as they used to be a generation or…
This is a very hard question to answer honestly and sincerely, though at first blush, it may not appear that way. There are very good reasons to divorce in certain…
I am not licensed as an attorney in Indiana, but I will give you my personal opinion (it’s not legal advice) as it applies to the law in the jurisdiction…
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…
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…
Throughout the divorce process you will have to meet many deadlines. The court will even provide you with a list of due dates known as a notice of event due…
This is a great question. Go find a good (a good, not just any) retired divorce attorney (a divorce attorney, not some other kind of attorney who has no idea…
It’s fair. It’s not fair. Frankly, reasonable minds can differ on this question. The governing principle in the USA is still (though it’s subtly and slowly changing) in most jurisdictions…
Recently a Quora.com reader commented on my answer to this question: Is there a primary parent in joint custody in Utah which is also known as “equal” or “50/50” custody? They…
I can give you my personal opinion (not legal advice, but my personal opinion) from my perspective as a lawyer licensed in Utah and who practices divorce and family law…
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…
I would say this: By law I cannot grant a request for a protective order unless a preponderance of the evidence supports the request. If the request lacks the support…
First, we need to learn and understand the term for violating a court order. That term is “contempt of court.” In Utah, one commits contempt of court in a civil…
If you want to know your options and have the time to exercise them, then you need to meet with an attorney immediately to find out what the law requires of you,…
For lawyers and parents (and perhaps even commissioners and judges) who hate child custody determinations (temporary or otherwise) based upon proffer, I share this with you: This court has previously…
The bifurcated inquiry required by Utah law in custody modifications cases where the court must consider whether “there has been a substantial and material change in the circumstances upon which”…
If you care to know: please don't refer to the numbered paragraphs in divorce and family law cases as anything other than paragraph numbers. ¶ So it's "paragraph 4". Not "section…
See 2024 UT App 54 - Tilleman v. Tilleman, which recites many of them: ¶26 . . . Generally, we review a trial court’s custody award for an abuse of discretion. See T.W. v.…
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…
2024 UT App 54 - Tilleman v. Tilleman THE UTAH COURT OF APPEALS MICHAEL ROBERT TILLEMAN, Appellant, v. MICHAL CHRISTINE TILLEMAN, Appellee. Opinion No. 20210637-CA Filed April 11, 2024 Fourth…
2024 UT App 51 - Bailey v. Bailey THE UTAH COURT OF APPEALS AMY L. BAILEY, Appellee, v. DANNY RAY BAILEY, Appellant. Opinion No. 20220534-CA Filed April 11, 2024 Second…
I recently went to trial with my boss for a divorce case. One of the things that stuck out to me was that quite often the witnesses people call in…
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…
First, you need ask a different question before you get to the question of a father’s chances of winning full or primary custody of children in divorce. The question should…
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…
When a PGAL (private guardian ad litem) is appointed to represent children in a child custody dispute in a Utah divorce case, it would sure be good to know what…
I recently accompanied my boss to the trial of a divorce case. If I had had to place a bet on what the judge was thinking at given moment or…
Without knowing more about your criminal record, I can still safely predict that having almost any kind of chronic or significant criminal record reduces your chances of being awarded custody…
Are the court proceedings in your kind of case open to the public? If so, then the grandmother, being a member of the public, may have a right to be…
Yes. Many women (not all, but many more than we'd like to believe unquestionably lie and make outright false or grossly exaggerated domestic violence claims. The temptation to tell such…
A reduction in the alimony award obligation is extremely difficult to obtain. It's designed to be difficult to modify downward, so that only those who 1) are truly unable to…
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…
McFarland v. McFarland - 2024 UT App 31 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellee, v. NICOLE S. MCFARLAND, Appellant. Opinion No. 20221044-CA, Filed March 14, 2024 Second District…
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…
When a custody evaluator and/or private guardian ad litem is/are appointed in a divorce case in which custody and parent-time of the children is disputed, they usually interview the children…
You can assume whatever you want about anyone or anything, but that does not mean your assumptions are accurate. And there is this from Merriam-Webster: “Although presume and assume both…
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…
The easiest of these two questions to answer is the second one, i.e., “Can child support be waiver retrospectively by the child support payee? The answer is yes, if the…
From cnbc.com: 46% of divorced couples say this was the No. 1 conflict in their relationship—and it isn’t money (Published Tuesday, August 15, 2023 2:23 PM EDT; Updated Tue, August 15,…
Yes. A hearing is not the same as a trial. While there may be some similarities, they are not the same thing and do not accomplish the same objectives. The…
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…
Whether you believe that everyone needs (or could benefit from) therapy or that it is only for the most dysfunctional families, you, like most people, likely agree some therapy has…
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…
A better way to conduct court proceedings came along (a long time ago): remote appearances. You read that correctly: the courts in Utah can accommodate appearances by remote video conference.…
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…