When Courts Reward What They Could Stop the Result Are Always Tragic
I don’t have all the facts about this. None of us do at this point. And what facts we have may not even be fully “factual,” but we’ve seen this…
Trust Me Is Not Evidence: The Custody Black Box in Utah Family Court
In most courtrooms, a litigant cannot restrict another person’s fundamental rights by repeating untested, out-of-court accusations. If a party tries to prove serious allegations through “someone told me” evidence, the…
The Hard Truth About Grandparents’ Visitation “Rights”
Utah grandparent visitation rights can be court-ordered, but they are hard to win. A grandparent can ask a Utah court for visitation, but Utah law starts with a strong presumption in…
Is the Settlement of Your Real Property Truly Equitable in Your Divorce Case? Why Real Estate “Net Value” Matters
That eagerness to cross the finish line can be so seductive in reaching a divorce settlement agreement. If the division of assets looks 50/50 on paper, it is easy to…
Utah Child Custody and Long-Distance Relocation: “The 150 Miles or More Rule”Explained
Few child custody disputes create more uncertainty than relocation. A parent may wantto move for a new job, remarriage, school, lower housing costs, or to be closer to family.Those reasons…
Divorce Decree Property Awards Survive Death: Slaughter v. Alleman
2026 UT App 85 THE UTAH COURT OF APPEALS JOHN B. ALLEMAN, Petitioner, v. THE HONORABLE CHRISTINE JOHNSON AND APRIL SLAUGHTER, Respondents. APRIL SLAUGHTER, Appellee, v. JOHN B. ALLEMAN, Appellant.…
Divorce Does Not Make Underemployment Invisible in Utah Alimony Cases
When a spouse earns less after divorce is filed, the court does not have to accept the lower number just because it appears on a paycheck. That is one of…
Jenkins v. Jenkins – Imputed Income and Fault-Based Alimony
2026 UT App 86 THE UTAH COURT OF APPEALS KRISTINE JENKINS, Appellee, v. EVAN K. JENKINS, Appellant. Opinion No. 20241206-CA Filed May 29, 2026 Fourth District Court, Provo Department The…
Put the Rules Where the Power Is
Every courthouse hallway has its own atmosphere. People sit on benches waiting for decisions that may affect their children, property, liberty, safety, income, or reputation. Lawyers hurry between hearings. Witnesses…
Does Child Support Cover School Fees and Extracurricular Activities in Utah?
One of the most common sources of conflict between co-parents is not just custody exchanges, holiday schedules, or even the monthly child support payment. Often, it is the steady stream…
The “Best Interests” Standard: Common Factors Judges Consider in Utah Child Custody and Parent-time Disputes
When parents separate or divorce, one of the most important questions is how custody of their children will be determined. Many parents enter the process believing the court will automatically…
“I’ll Give It the Appropriate Weight” Is Not a Rule of Evidence
Few courtroom phrases are more soothing—or more dangerous—than this response to a valid hearsay objection: “I’ll admit it, but I’ll give it the appropriate weight.” The phrase sounds disciplined. It…
The Answer to Commoditization Is Not Better Marketing. It’s Better Lawyering.
Many divorce and family lawyers want to earn more. Few ask what they must do differently to be worth more. Lawyers complain about being commoditized. They complain that clients shop…
Walking in Their Shoes: The Reciprocal Argument Rule in Family Law Litigation
Family court is not ordinary litigation. In a business dispute, the parties may fight hard, settle, and never see each other again. In divorce and child custody disputes, the parties…
No Remedy Without a Wrong: Why Family Courts Must Stop Rewarding Fabricated Grievances
There is a basic principle at the heart of equity: where there is a legal wrong, there should be a remedy. But the inverse matters just as much: where there…
How Extended Summer Parent-Time Actually Works Under Utah Code §§ 81-9-302 and 81-9-303
Not every Utah parent is subject to the default parent-time schedules found in Utah Code §§ 81-9-302 and 81-9-303. Many parents operate under customized custody and parent-time provisions created by agreement or court…
When Joint Legal Custody Parents Disagree About an IEP in Utah
Some of the strongest child custody disputes are no longer fought primarily through parent-time schedules, exchange disputes, or even direct allegations of abuse. Increasingly, they are fought through institutions. Schools.…
Equal Custody in Utah: Common, Increasingly Favored, but Still Not Presumed
A growing number of divorcing and unmarried parents walk into consultations convinced that Utah law now requires “50/50 (equal) child custody.” Some are absolutely certain of it. They heard it…
The Rule 702 Gap: Why Utah Custody Evaluations Need Real Evidentiary Scrutiny
In a Utah personal injury case, if a doctor testifies that a low-speed collision caused a traumatic brain injury, that opinion will usually face meaningful scrutiny under Rule 702 of…
Beyond 18: When Utah Law Requires Continued Support for Adult Children with Disabilities
Discover how Utah Code § 81-6-101 allows for child support to continue indefinitely for adult children with cognitive disabilities. Learn the legal standards for incapacity and how a Special Needs Trust can…
Credibility Determinations Belong to Courts, Not Custody Evaluators
In a surprising number of child custody disputes, courts make major decisions based heavily on conversations nobody else gets to see or hear. A custody evaluator interviews the child privately.…
Wilson v. Wilson: Utah Court of Appeals Enforces Divorce Mediation Settlement Agreement
Wilson v. Wilson - 2026 UT App 72 THE UTAH COURT OF APPEALS LISA A. WILSON,Appellant, v. BRAD J. WILSON, Appellee. Opinion No. 20240444-CA Filed May 7, 2026 Third District…
Parens Patriae: Why the Court Gets Involved in Your Family
If you’re dealing with a divorce or a child custody dispute, there’s something you need to understand early: This is not just your case. That’s not rhetoric. It’s how the…
Plausible Isn’t Proof: And “Discretion” Doesn’t Fix It
Stephen Petro recently made a point that should be obvious, but in the heat of litigation, often isn’t: A “reasonable” answer is not the same thing as a correct one. A reasonable answer…
The Third Way: A Strategic Exit from the Divorce Court/Mediation Loop
Divorce cases spiral and stagnate because the system allows for posturing and delay without consequence. The courts are overwhelmed and apathetic. Mediation, as typically structured, does not require resolution. Without…
NFTs in Divorce: How Courts Value (and Misvalue) Volatile Digital Assets
When a $100,000 asset can become $1,000 before trial, valuation timing—not ownership—is the real fight. If you’re holding NFTs and heading into a divorce, understand this: the court does not…
How So-Called Temporary Orders Subtly Decide Your Case
“Temporary orders” sound harmless. Interim. A placeholder until the whole case gets decided. That’s not how they function in the real world. In virtually every Utah divorce and child custody…
The “Easy Way Out” That Can Cost You Your Kids in Utah: Why Pleas in Abeyance in DV Cases and Innocence Don’t Mix
You’re sitting there with a domestic violence (DV) criminal charge hanging over your head. And you’re innocent. Yet you’re scared. You're distressed. You’re tired. You want it over. Then comes the…
Can You Win Child Custody If Someone Else Is Raising Your Kids During the Week?
This question is more common than you might think. Some may be in this situation: “I want custody for stability.” “I need custody because it affects support.” “I’m the better…
Hiding Cryptocurrency in a Utah Divorce: Harder Than You Think, More Expensive Than It’s Worth
People hear “crypto” (cryptocurrency; Bitcoin, Ethereum, etc.) and assume “untraceable.” That assumption gets tested quickly in a divorce. In Utah divorce disputes over property division, cryptocurrency is treated like any…
Using Smart Home Tech to Spy on a Spouse in a Utah Divorce Case?
The modern Utah home is a goldmine of digital data. In a divorce or child custody dispute, it often becomes something else: a surveillance system one spouse tries to weaponize…
Pretrial Disclosures Matter in Utah Divorce Cases: Lessons from Prisbrey v. Prisbrey
There’s been (note the past tense) an assumption that creeps into a lot of divorce cases: If the evidence is important enough, the court will let it in. But in Prisbey v.…
Why Most Divorce Case Settlement Offers Fail: They Ask for Too Much
Most people think settlement is where they finally get to ask for everything they want. It’s not. Settlement—especially in child custody disputes—is where you ask for what you could realistically…
You Can’t Decide What You Haven’t Examined: What Most Utah Courts Knowingly Miss in Child Custody Decisions
The Missing Step Courts in child custody disputes routinely make determinations without ever hearing from the child directly—or even reviewing a complete and reliable record of someone who did. That…
Military Divorce in Utah: Will You Lose Your TRICARE Coverage?
In Utah military divorces, TRICARE eligibility is governed by the rigid federal "20/20/20 rule," not state court discretion. This post breaks down the strict requirements for lifetime medical benefits, the…
Everyone Loses When Courts Don’t Hear From the Child Directly
I. The Illusion of Protection In Utah child custody disputes, courts have (but should not have) a choice: hear from the child directly or receive their life story through a…
The Social Media Trap: How One Facebook Post Can Impact Your Utah Child Custody Case
In a Utah custody case, your conduct is not limited to what happens in your home—it extends to what you choose to share online. Social media is not personal or…
Exposing the “Child Whisperer” Myth in Utah Custody and Parent-time
In Utah child custody and parent-time disputes, courts routinely defer to a familiar class of professionals: private guardians ad litem (PGALs) and custody evaluators. These professionals are held up as…
The First Meeting with Your Utah Divorce or Child Custody Attorney
After you’ve hired your attorney, the first meeting between attorney and client—whether in person or by video—is about orientation, risk assessment, and planning. Most people come in overwhelmed and discouraged…
VA Disability Pay vs. Alimony: Why Your “Tax-Free” Income Still Counts
Veterans often believe their VA disability pay is “untouchable” in divorce. Not exactly. While it cannot be divided as property, courts routinely treat it as income for alimony. Learn how…
The Obvious Variable No One Addresses: How Gender Distorts Protective Order Decisions
Protective orders are among the most powerful and disruptive tools Utah courts wield—all on an expedited timeline and often on a limited record. The law governing these orders is clearly…
Digital Housekeeping Before Divorce in Utah: Why You Must Change Your Passwords First
Before you file for divorce, your spouse may already have access to more of your life than you realize—your emails, financial accounts, personal documents, and even your private communications with…
Structure, Confidence, and the Integrity of Process – Conclusion
This series has examined a focused procedural question: whether interviews with children in custody disputes should be preserved through authenticated contemporaneous verbatim record via unedited audio-visual capture. The discussion has…
Part III – Transparency, Deference, and Institutional Design
Legal systems evolve. Practices that function adequately become routine. Routine hardens into assumption. Over time, assumption begins to resemble necessity. Unrecorded child interviews in custody and parent-time cases appear to…
Part II – Fidelity, Filtering, and the Loss of Context
In most areas of litigation, original testimony is preserved. Depositions are recorded. Hearings are transcribed. Statements given in investigative settings are documented. Context is retained because meaning does not reside…
Part I – The Fragility Rationale and the Case for Making and Preserving Records
The Fragility Rationale The most common justification for not making and keeping a record of child testimony rests on fragility. Knowing that the interview will be recorded, it is said,…
Planning “For” Divorce Looks Like Planning “On” Divorce, and Why That Matters
Financial advisors, wealth managers, and business consultants increasingly tell clients to “plan for divorce.” Some divorce lawyers say the same thing. I do not, especially for young people contemplating marriage…
Erring on the Side of Caution — Until You’re the One Paying for It
“Better safe than sorry.” Few phrases sound more humane. In the context of domestic violence, it feels morally unassailable. Why wouldn’t we err on the side of safety? Whatever it…
The “Tooling Up Phase” of Divorce: Why Gathering Your Financial Documents Early Can Save You Thousands of Dollars and Spare You Months of Delay
When people begin thinking about divorce, most want to get it over with quickly. Keep the suffering to a minimum. They want to file immediately, schedule hearings, and get the…
USFSPA Decoded: Dividing Military Retirement Benefits in a Utah Court
For Utah divorcing couples: A clear, practical discussion on how military retirement is divided under the Uniformed Services Former Spouses’ Protection Act (USFSPA) and Utah’s equitable distribution law — including…
- 1
- 2
- 3
- 4
- …
- 18
- Go to the next page