Can My Ex Legally Let a Sex Offender Be Around My Kids in Utah?
TL;DR: No, not without strict limits. In Utah, no parent may not allow a registered sex offender to be around your children—even in that parent’s own home—without the other parent’s…
I Don’t Think I Can Continue With My Divorce Case. What Should I Do? By Braxton Mounteer, Legal Assistant
If you’re feeling like you can’t go on with your divorce case, know that you’re not alone in feeling that way. And you’re not weak for feeling overwhelmed. Take a…
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…
Child Custody and the “Primary Caregiver” Scam
Of the Utah domestic relations commissioners and judges who treat fathers as second-class parents in making temporary and permanent custody and parent-time rulings, they practically gush about the standard for…
Can Your Spouse Legally Take Half of Everything That Is Yours if You Get Divorced?
It depends on what you mean by “yours,” by what you mean by “mine”. First you need to understand that there are two kinds of property in a divorce situation:…
Is Divorce a Battle of Attrition?
‘Can be. ‘Often is, but is not necessarily a war of attrition in all situations. Some divorce cases come to an end not because the court ruled on and resolved…
How Do Fathers Fight for Child Custody?
Do you mean to ask, How do deserving fathers fight: for sole child custody? for joint child custody? for equal child custody? Or do you mean to ask: “How do fathers ‘win’ their…
Taylor v. Taylor – 2025 UT App 94 – postnuptial agreement and alimony
Taylor v. Taylor - 2025 UT App 94 THE UTAH COURT OF APPEALS JACQUELINE KEMPTON TAYLOR, Appellant, v. MARK BENNETT TAYLOR, Appellee. Opinion No. 20230868-CA Filed June 26, 2025 Third…
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…
How Do I Manage My divorce Case While I work Full-time? By Braxton Mounteer, Legal Assistant.
One of the most asked questions about divorce (and biggest source of friction between divorce lawyers and their clients) is how you manage your divorce case while working a full-time…
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…
Equal Physical Custody – Give It a Chance . . . a Fair Chance
Equal physical custody should be awarded far, far more often than it is currently in Utah. There are so many situations in which we have two loving, fit parents who…
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…
Do I Receive Alimony if I’m the One to File for Divorce?
I cannot speak as to what the law is on all jurisdictions, but I can answer this question based upon the law of the jurisdiction where I practice divorce and…
Is It Advisable to Wait Until the Divorce Is Finalized Before Dating? Does This Still Apply if There Are No Children or Assets Involved in the Divorce?
Yes, it is advisable. You can’t go wrong by waiting to start dating until after your decree of divorce is issued by the court. Personally, I consider it immoral to…
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…
What to Bring to a Consultation with a Divorce Lawyer
Preparing for a consultation with a divorce lawyer is an important step in understanding your rights and options. To make the most of your meeting, consider bringing the following: Provide…
Beverlin v. Beverlin – 2025 UT App 72 – appeal, alimony, attorney fees
Beverlin v. Beverlin - 2025 UT App 72 THE UTAH COURT OF APPEALS STEVEN K. BEVERLIN, Appellee, v. GAIL W. BEVERLIN, Appellant. Opinion No. 20230597-CA Filed May 22, 2025 Second…
Do We Need More and Better Court Intervention in Domestic Relations Cases?
In many types of civil litigation, the core issue is not whether time is of the essence, but whether one will eventually recover compensation, and if so, how much. Yes,…
How to Ensure a Child of Any Age Feels Equally Loved by Both Parents in a 50/50 Custody Arrangement
The goal of a successful 50-50 (equal) physical custody arrangement is that it work as seamlessly as possible for the children, both emotionally and logistically. Simply put, you know it’s…
Helping Children Be and Feel Equally Loved by Both Parents in a 50/50 Custody Arrangement: An Age-Based Guide for Parents
Co-parenting successfully in an equal (50/50) legal and physical custody arrangement requires more than just dividing time. It calls for each parent fostering 1) a strong bond between the child…
What Do Children Whose Parents Were Awarded Equal Physical Custody (50/50) of Them Think of Such a Schedule?
Children's perspectives on shared custody arrangements (equal physical custody being one such arrangement) are complex and nuanced, seeing both benefits and challenges to them. Here is what children typically report about…
Having Experienced 50-50 Custody as a Child to Teen, What Do You Want Parents to Know?
Simply put, normal children of divorced or separated parents want their parents: not to make custody a turf war. Honor your children’s right to a strong loving and trusting, relationship…
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…
Does Utah Law Require Divorced or Single Parents to Pay Child Support in the Form of College Tuition?
Does Utah law require divorced or single parents to pay child support in the form of college tuition for their children? Require it? No. Utah does not require divorced or single…
Divorce Listings & Property Condition: Why It Matters More Than Ever
As you know, we’re operating in a drastically different real estate market than we were even a year ago — and it’s impacting divorcing homeowners in unique and challenging ways.…
Why Collaborative Divorce Usually Isn’t Worth It
In theory, collaborative divorce sounds ideal. What is "collaborative divorce"? The two spouses discuss together with their lawyers, mental health professional, financial specialist, and sometimes a child psychologist or development specialist…
What are some good (and bad) reasons for changing one’s divorce lawyer mid-case?
Are there any potential drawbacks to switching lawyers, besides the added expenses and inconvenience? There are good reasons to switch lawyers, even if you realize this mid-case. That stated, there…
No, Utah Law Does Not Presume that Physical Child Custody Will Be 50/50.
Contrary to popular belief, Utah law does not, as of the time I write this post (April 2025), presume that the physical child custody award will be equal (50/50). Utah law presumes that legal child…
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…
Conflicting Advice
Conflicting Advice Divorce is many people’s first and only experience with serious civil litigation. Many divorce clients can’t believe how different (and how much more disappointing) the legal system is…
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…
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…
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 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…
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…
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…
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…
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