Kinsey v. Kinsey – 2024 UT App 120 – Termination of Alimony
Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…
Kinsey v. Kinsey – 2024 UT App 120 – termination of alimony
Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…
How Do You Enforce Court Orders That Have Been Issued in a Utah Divorce Case or Child Custody Case?
Many people who have gone through a divorce case or unmarried parents who have gone through a child custody case find themselves at the end of the case with a…
What Are Some Reasons Why Someone Might Choose to Stay in an Unhappy Marriage Instead of Getting a Divorce, Even if They Have Children and Are Concerned About the Cost?
There are literally thousands of lists you can find online that do an excellent job of identifying the reasons accurately, clearly, and concisely. I recommend that you find them and…
Parental Estrangement and Parental Alienation and Parental Estrangement Are Not the Same Thing By Braxton Mounteer, Legal Assistant.
During a divorce case, one parent or the other often claims that parental alienation or parental estrangement is occurring. Whether the claim is true does not stop these terms from…
How to Fill Out Your Financial Declaration, Paragraph Five. By Braxton Mounteer, Legal Assistant
Paragraph five of your financial declaration is about the amount of taxes on your monthly income that you pay per month (or what the average monthly deduction from your income…
My Ex and I Have Joint Custody, but He Hasn’t Been Letting Me See My Child for a Couple of Months Now. Will He Lose Custody if I Go Back to Court and Tell Them About This?
I’ll assume that what you mean by “my ex and I have joint custody” is you and your ex share physical custody of your child. I’ll also assume that in…
Can What I Post on Social Media Be Used Against Me in a Divorce Case?
Yes. Yes, it can. This does not mean that everything you post on social media will be used against you. Some statements on social media are pretty hard to find fault…
What About My Children? Can They Use Social Media During My Divorce?
Unless the law of your jurisdiction or a court order in your particular case prohibits your children from viewing or posting on social media during the pendency of the divorce…
My Spouse Refuses Divorce but I Need to Be Divorced. My Spouse Says He/She Will Make My Life and the Kids’ Life Hell if I Leave. I Don’t Want to Spend a Fortune on a Lawyer.
Are you a churchgoer? Are you a member of a church? If so, your church may have resources available to members to help them with various legal concerns or problems.…
How Should a Father Respond if His Child Tells Him They Are Getting Divorced?
Honestly and sensitively. This is likely going to be a discussion this child remembers for the rest of his/her life, a parent in this position will need to choose his/her…
If My Ex Husband Had a Secret Bank Account Before We Were Married, Would I Be Entitled to Some of It After the Divorce? I Already Have a Private Investigator Looking Into It. Thanks in Advance!
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…
How Difficult Would It Be to Get Legal Custody Back After Willingly Giving 100% Legal Custody to My Child’s Mother?
In Utah, if you have not had your parental rights terminated, but instead you simply agreed to your child’s parent having custody of the child (with you having little to no…
What Is Dissipation of Marital Assets? How Is It Addressed in Utah Divorce Actions?
We’ll start with this: The marital estate is generally valued at the time of the divorce decree or trial. Goggin v. Goggin, 2013 UT 16, ¶ 49, 299 P.3d 1079. The…
I Want to Divorce but I Have a Kid and I Have Nowhere to Go. What Can I Do? We Are From Different Countries, and We Got Married in His Country. I Left My Family and Friends Come To Join Him.
I don’t know in what country you reside, but if you can safely consult with a divorce attorney there, you need to start your research into whether a realistic path…
Lessons for Protective Order Respondents from the case of State v. Lewis (2024 UT App 96)
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…
Thorup v. Thorup – 2024 UT App 93
Thorup v. Thorup - 2024 UT App 93 THE UTAH COURT OF APPEALS MONA THORUP, Appellee, v. MARCUS THORUP, Appellant. Opinion No. 20220583-CA Filed July 5, 2024 Third District Court, Salt…
2024 UT App 84 – Corn v. Groce – Modification of Parent-Time or Custody
2024 UT App 84 - Corn v. Groce THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court,…
State v. Smith – 2024 UT App 82
State v. Smith - 2024 UT App 82 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. STEVEN TIMOTHY SMITH, Appellant. Opinion No. 20220299-CA Filed May 31, 2024 Fifth…
If I Agreed to Sign up a Prenup With My Billionaire Husband Does That Mean I Would Not Get Anything Not Even a Dollar?
I can’t speak to what the law governing prenuptial agreements is in any jurisdiction other than the one in which I practice divorce and family law (Utah), but as to…
Taking Your Divorce Case to Trial Requires Just as Much from You as It Does of Your Lawyer, By Braxton Mounteer, Legal Assistant
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…
If Your Husband Files for Divorce, Can He Ask You to Leave the House Immediately?
I can't speak for the law in all jurisdictions, but I can tell you what the law is where I practice divorce law (Utah). Can your spouse ask you to…
Do You Lose Parental Rights Automatically When You Get Divorced if You Do Not File for Visitation or Custody?
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…
I Want to Live with My Mom but I Have Shared Custody With My Dad. What Do I Do? Can I at 15?
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…
Are You Fighting for Your Kids or Are You Protecting Your Financial Future? By Braxton Mounteer, Legal Assistant
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…
What Can Be Done if a Prenuptial Agreement Does Not Meet the Requirements for Validity in Your State? What Are the Available Options for Handling This Situation?
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…
When Is It Appropriate to Leave a Marriage if Your Spouse Does Not Contribute Financially or Emotionally and Has No Intention of Doing So Due to a Sense of Entitlement From Their Upbringing?
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 Live in Indianapolis, Indiana, I Have a Son at 17 Years Old. I Have Visitation Legal Custody. He Has Him Run Away. What Do I Do?
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…
Can My Spouse Take out a Loan Using Our House as Collateral After I File for a Divorce?
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…
Why All Communications with Your Former Spouse Should be in Writing By Braxton Mounteer, Legal Assistant.
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…
Holding Marital Property Hostage During a Divorce Just Makes You Look Petty By Braxton Mounteer, Legal Assistant
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…
Your Divorce Lawyer is Serious About Deadlines By Braxton Mounteer, Legal Assistant
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…
What Should I Do if My Divorce Is Not Getting Solved Quickly?
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…
What Do We Do When Equal (50/50) Physical Custody Is Awarded but One Parent Isn’t Bearing the Responsibilities Equal Custody Requires of That Parent?
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…
What Can I Do if My Ex Doesn’t Let My Daughter Come for My Parenting Time Which Is Summer? Our Divorce Is Not Finalized Yet.
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 – enforcement vs. modification
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…
Should You Stay Friends with Your Former Spouse? By Braxton Mounteer
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…
Will Having a Child Will Possibly Save Your Marriage? By Braxton Mounteer, Legal Assistant
Have you ever heard that having a child will fix certain problems in marriage? That it will help bring a couple in a strained marriage closer together and thus fix,…
Is There Anything I Can Do for Winning Custody After the Gal Report Is Favoring My Ex? Is Paying More to My Attorneys Worth It or No?
After you ask, “Is there anything I can do for winning custody after the GAL report is favoring my ex? Is paying more to my attorneys worth it or no?,”…
My Wife Is Divorcing Me Because I Am Not Rich Enough. She Said It Will Take Me Years to Make Her Feel Financially Secure. I Was There for Her When She Had Mental Breakdowns. What Should I Do?
If your wife really is divorcing you, and not merely threatening to divorce you, because 1) you are not rich enough to suit her, and 2) you are not a…
Is It Possible to Discredit a Biased Custody Evaluation Full of Unsubstantiated and False Claims?
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 – custody factors, income, fees
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 52 – In re A.S. – child neglect, photographing genitals
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.…
2024 UT App 51 – Bailey v. Bailey – evidence, sanctions
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…
You Reap What You Sow.
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…
What Are My Chances of Gaining Full or Primary Custody of My Child as a Father?
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…
You Can’t Tell What The Judge Is Thinking By Braxton Mounteer, Legal Assistant
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…
What Are the Odds That I Can Get Custody of My Daughter if I Have a Serious Criminal Record?
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…
Do Many Women Lie About DV in Divorce and Child Custody Court Cases?
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…
Why Condemn Children to Sole Custody Awards When They Have Two Fit Parents?
One of the arguments that some fathers make when they encounter the double standard applied to mothers and fathers in child custody disputes (resulting in a denial of equal legal…