House Bill 193 (HB0198 (utah.gov))
Another bill under consideration during the 2024 Utah legislative session is House Bill 193 (HB0198 (utah.gov)). This bill would, if passed into law, 1) make clear that a “totality of…
H.B. 194
Another potential law up for consideration in the 2024 Utah legislative session is H.B. 194. This bill would, if passed, amend provisions relating to adoption and child placement by amending the…
Why Hiding or Misrepresenting Your Income in a Divorce and/or Child Support Court Case Won’t Work (and why people still try) By Braxton Mounteer
When those who realize they may be ordered to pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their income in the hope…
House Bill 140 (HB0140 (utah.gov)), “Amendments to Custody and Parent-Time”
Today’s post on proposed family law legislation under consideration during the 2024 Utah legislative session is House Bill 140 (HB0140 (utah.gov)), “Amendments to Custody and Parent-Time”. This bill, according to…
House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”
Today’s blog post reviews House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”. It proposes changes to Utah Code § 80-2-602, the law governing when members of the clergy are…
My attorney withdrew as my counsel in my divorce case. What do I do now?
I received a notice from opposing counsel that looks (or contains) something like this: “You are hereby notified of your responsibility to appear personally or appoint counsel.” What does this…
Allegations of Child Abuse vs. Allegations of Parental Alienation
Here's a very, very short news report on the subject of when allegations of child abuse are countered with allegations of parental alienation: https://www.youtube.com/watch?v=44hJ8zWRrik I welcome sincere and rational comments…
How do you survive if the narcissist won custody of your kids and you have to accept it?
Hard truths incoming. When dealing with a co-parent who is afflicted with a personality disorder, do these things, and do them all at the same time: 1) Examine your own…
Parenting before, during, and divorce litigation By Braxton Mounteer, Legal Assistant
Divorce is already hard enough on the parties involved, but it is even harder on the children of the recently separated family. I speak as a child of divorce, who…
Holt v. Holt – 2024 UT App 6 – reasonable time rule
Holt v. Holt - 2024 UT App 6 THE UTAH COURT OF APPEALS RHONDA S. HOLT, Appellee, v. CHRISTOPHER JOHN HOLT, Appellant. Opinion No. 20220090-CA Filed January 11, 2024 Third…
What happens to joint credit cards when you divorce?
In the jurisdiction where I practice divorce law (Utah), the law is NOT that joint debt incurred during the marriage will presumptively remain the debt of both spouses (and thus…
How to prepare for a consultation with a lawyer By Braxton Mounteer, legal assistant
You have just been served with a summons and complaint (or petition) for divorce. Now have to traverse the minefield that is finding a good divorce attorney. It's harder to find a…
Obstacles Fathers Face in Trying to Get Joint Custody of Their Children
I have been asked by a reader to answer two questions. The first: whether I believe courts generally apply a double standard in the treatment of mothers and fathers when…
Why do attorneys tell people not to talk to the police? What if I’m innocent or just want to help them?
Let’s discuss this principle in the context of DUIs, but the principle applies in any situation in which you could be questioned in regard to any crime. What is hard…
When my BPD ex filed for divorce, she went silent on me (provocations, mixed or erratic social media behavior stopped). I counter filed for divorce. Now she’s back to old behavior, unblocked me, jealousy baiting me (bluffing). What is her goal?
If you described your wife accurately, she’s probably trying to do to you exactly what you suspect: annoy, worry, anger, embarrass, and provoke you. You’re wiser than most to ask…
I Can Prepare a Prenuptial Agreement for You, but With Rare, Particular Exception, I Advise Against It.
Most attorney websites that contain “articles” on prenuptial agreements aren’t really articles but thinly veiled sales pitches for prenuptial agreements. This post is not one of those. I have always…
Dirty Tricks to Watch Out for in Divorce
I often encounter sneaky spouses who after separation and/or after a divorce action has been filed, start sending text messages and emails to the other spouse making false claims like:…
Divorce and Social Media By Braxton Mounteer
Most people fundamentally misunderstand what the Internet and social media are. Many believe that social media is a web of interconnections where you can send and receive updates about your…
How likely is a judge to give the non-custodial parent 50-50 parenting time after the primary custodial parent has been the primary parent for three years?
Before you read another word, know this: the answer in these situations is, “It depends on many and varying factors.” Nobody likes that kind of answer, but it’s the truth…
How does filing for divorce affect relationships with family members and friends who don’t agree with the decision? Do people tend to choose sides?
How does filing for divorce affect relationships with family members and friends who don't agree with the decision? Poorly, generally. That should come as no surprise. Do people tend to…
2023 UT App 137 – Lobendahn v. Lobendahn – petition to modify custody
2023 UT App 137 - Lobendahn v. Lobendahn THE UTAH COURT OF APPEALS MARCUS JAMES LOBENDAHN, Appellant and Cross-appellee, v. LEEYEN MOEVAI LOBENDAHN, Appellee and Cross-appellant. Opinion No. 20210278-CA…
Some hard truths about divorce litigation in Utah.
To those of you who ask, “How did I lose that argument in my divorce case? The judge couldn’t say why he/she believed my witness(es) over my spouse’s witness(es)!”: A district…
Client Red Flags By Braxton Mounteer
In my time as a legal assistant in the family law profession, I have observed many different kinds of client behaviors, some better than others. Those behaviors that cause the…
Are couples with prenups more likely to divorce?
Research is hard to come by. Reliable research even harder. But here is what I could find in short order (how accurate it is I cannot say): https://psycnet.apa.org/record/2017-23543-004 Maybruch, C.,…
Have there been any studies of the impact of divorce on children distinguishing between those whose parents divorced after they left home and before?
That's a good question. One that I've wondered about myself, but I don't know of any such studies. That doesn't mean they don't exist, it's just that I don't know…
Must trial courts consider the tax consequences in divorce?
Generally: It appears that the law in Utah is that the trial court is not required to consider hypothetical and/or future tax consequences of the disposition of the marital estate. See Howell v. Howell,…
State v. Fowers – 2023 UT App 128 – violation of protective order
State v. Fowers - 2023 UT App 128 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. THOMAS FOWERS, Appellee. Opinion No. 20220073-CA Filed October 26, 2023 Fourth District Court,…
In re H.M. – 2023 UT App 122 – termination of parental rights
In re H.M. - 2023 UT App 122 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.M. AND D.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. G.B., Appellant, v.…
John v. John – 2023 UT App 103
John v. John - 2023 UT App 103 THE UTAH COURT OF APPEALS LUCAS ALLEN JOHN, Appellee, v. CASSANDRA KATHLEEN JOHN, Appellant. Opinion No. 20210506-CA Filed September 14, 2023 Third…
Clark v. Clark – 2023 UT App 111 – divorce, exhibits, dissipation
Clark v. Clark - 2023 UT App 111 THE UTAH COURT OF APPEALS SUSAN JEANNE CLARK, Appellee, v. RICHARD LEE CLARK, Appellant. Opinion No. 20210713-CA Filed September 28, 2023 Fourth…
How Can the Legal System Better Support Parents Who Lose Custody Battles?
It does not matter whether or how the legal system could support or better support parents who lose child custody cases because it is not the purpose of the legal…
Completeness of Documentation By Braxton Mounteer
One of the hardest documents for a Utah divorce litigant to prepare is the financial declaration. I am amazed at the number of clients who don't take this document and…
Are some cases out there where the counsel has lied to his or her client?
Lawyers’ reputation for lying is, unfortunately, well-founded. There is a Bosnian proverb, “He who will lie for you will lie to you.” Lawyers who lie for their clients (and there…
Do family law divorce attorneys of the opposite side stalk and harass their client’s opposition if the client pays for it?
Some do (if you can imagine an attorney doing something like that, it’s probably already been done), but they’re outliers, and they are violating both the law and the rules…
Blake v. Smith – 2023 UT App 78 – child custody, child support
Blake v. Smith - 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20,…
If One Parent Gets Primary Custody, Does This Mean That He/She Can Make All Decisions Regarding the Kids Without Any Input From the Other Parent?
There are two kinds of child custody, not just one. Those two different kinds are legal custody and physical custody. Legal custody is the power of a parent to make…
Last Week, My Ex Came Into Family Court Smelling of Pot but Still the Judge Favors Her Over Me. What Can I Do?
Does your jurisdiction permit people to make use of marijuana recreationally? Or to make use of it with a doctor’s prescription or a “medical marijuana card”? If so, then smelling…
2023 UT App 60 – Martinez v. Sanchez-Garcia – Material and Substantial Change
2023 UT App 60 - Martinez v. Sanchez-Garcia THE UTAH COURT OF APPEALS DAISY MARTINEZ Appellant, v. FERNANDO SANCHEZ-GARCIA, Appellee. Opinion No. 20210829-CA Filed June 2, 2023 First District Court,…
First Impressions of Being a Legal Assistant as a Writer By Braxton Mounteer
The first thing you should know is that I am a writer. I have authored some short stories and some other things you haven’t heard of. I have been a…
Divorce Is Often a “Cure” Worse Than the Disease
In response to this question, "Have you ever thought someone was making a mistake by getting a divorce?,” I stated (and I summarize here) some people need to divorce. It’s…
2023 UT App 62 – Cox v. Cox – Adequacy of Court Findings
2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…
What Can I Legally Do if My Child’s Mother Refuses to Use Car Seat When Traveling With Our Little Child?
What can I legally do if my child's mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is…
How Long Does a Child Custody Court Hearing Take?
rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t…
Tithing Can Be a Legitimate Personal Expense in the Context of Determining the Alimony Award
Whether my recollection is true or not, I remember being taught in law school that tithing and other regular charitable giving cannot be treated as a personal expense deduction in…
Nelson v. Nelson – 2023 UT App 38 – Claim Preclusion and Child Support
2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The…
Mower v. Mower – 2023 UT App 10 – Death of Spouse Before Court Rules
2023 UT App 10 THE UTAH COURT OF APPEALS LIDIA V. MOWER, Appellant, v. THOMAS W. MOWER, Appellee. Opinion No. 20210101-CA Filed January 20, 2023 Fourth District Court, American Fork…
U.S. Marriage and Divorce Statistics
My name is Stephanie from flingorlove.com and honestly, I usually wouldn't bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics…
Myers v. Myers 2023 UT App 20 – Alimony Modification
Myers v. Myers 2023 UT App 20 2023 UT App 20 THE UTAH COURT OF APPEALS AMY R. MYERS, Appellee, v. JACOB W. MYERS, Appellant. Opinion No. 20220002-CA Filed March…
The New Utah Code §§ 30-3-35 and 30-3-35.1 Holiday Parent-Time Schedules
From KSL.com: New Utah law brings confusion, contention for some divorced parents this holiday season https://www.ksl.com/article/50538686/new-utah-law-brings-confusion-contention-for-some-divorced-parents-this-holiday-season Utah Family Law, LC | divorceutah.com | 801-466-9277
Wellman v. Kawasaki – 2023 UT App 11 – Alimony
2023 UT App 11 THE UTAH COURT OF APPEALS DAVID WELLMAN, Appellee, v. KRISTIN KAWASAKI, Appellant. Opinion No. 20210265-CA Filed February 2, 2023 Fourth District Court, Provo Department The Honorable…
- Go to the previous page
- 1
- …
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- …
- 12
- Go to the next page