Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The…

Continue ReadingBurggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

Can I protect marital assets from my spouse by “temporarily gifting” them?

Can I protect marital assets from my spouse by “temporarily gifting” assets to somebody else until after the divorce is final? Can you? Like is it doable? Sure, you can do it. And many…

Continue ReadingCan I protect marital assets from my spouse by “temporarily gifting” them?

Can you divorce your spouse even if your spouse does want a divorce?

Yes. This is what is known as “no fault divorce”. Every state in the U.S. has no fault divorce laws. Many people believe that “no fault” divorce means that one…

Continue ReadingCan you divorce your spouse even if your spouse does want a divorce?

Is it legal to record threatening callers? Are recordings admissible?

You question has two parts. Part 1: can you legally record phone calls (or an in-person conversation)? ANSWER: It depends on the jurisdiction. Some states won’t allow you to record…

Continue ReadingIs it legal to record threatening callers? Are recordings admissible?

Oldroyd v. Oldroyd – 2019 UT App 155 – premarital property interest, unjust enrichment

Oldroyd v. Oldroyd - 2019 UT App 155 - THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20180257-CA Filed September 26, 2019…

Continue ReadingOldroyd v. Oldroyd – 2019 UT App 155 – premarital property interest, unjust enrichment

What is the best comeback a judge has ever made in court?

I was in a divorce case in which the mother’s attorney was claiming that the father should have limited custodial and parent time with their children because, as the mother’s…

Continue ReadingWhat is the best comeback a judge has ever made in court?

Do married lawyers ever fight each other in court?

Do married lawyers ever fight each other in court? Do you mean to ask whether married lawyers sue each other in court? If that’s your question, the answer is: rarely.…

Continue ReadingDo married lawyers ever fight each other in court?

Martin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer

Martin v. Kristensen - 2019 UT App 127 THE UTAH COURT OF APPEALS YVONNE MARTIN, Appellant, v. PETTER KRISTENSEN AND FRANK O. KRISTENSEN, Appellees. Opinion No. 20160265-CA Filed July 26,…

Continue ReadingMartin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer

Why do courts seem to rule against husbands so unfavorably regarding custody and alimony?

Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or…

Continue ReadingWhy do courts seem to rule against husbands so unfavorably regarding custody and alimony?

Eberhard v. Eberhard – 2019 UT App 114 – modification of alimony

2019 UT App 114 THE UTAH COURT OF APPEALS TODD EBERHARD, Appellant, v. LORI ANN EBERHARD, Appellee. Opinion No. 20170721-CA Filed June 27, 2019 Third District Court, Salt Lake Department…

Continue ReadingEberhard v. Eberhard – 2019 UT App 114 – modification of alimony

Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

Pulham v. Kirsling - 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…

Continue ReadingPulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

How many years is it likely to be before father’s rights are recognized as equal to mother’s rights in child custody cases?

Not many. In fact, in many jurisdictions this has already occurred (many states have, in the past few years, passed laws that presume joint equal custody is in the child’s…

Continue ReadingHow many years is it likely to be before father’s rights are recognized as equal to mother’s rights in child custody cases?

What do most TV shows and movies get wrong about the legal profession?

I’m amazed at the number of people who believe, from what fictitious TV lawyers “accomplish,” that if the lawyers just try hard enough, do enough research, pound the pavement tenaciously,…

Continue ReadingWhat do most TV shows and movies get wrong about the legal profession?

Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement

2019 UT App 106 - Janson v. Janson - setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed…

Continue ReadingJanson v. Janson – 2019 UT App 106 – setting aside settlement agreement

My ex told me I can’t post videos of our children on my social media. What can I do?

I'm a mother of 3. The father has custody and I have visits and overnights. The father told me not to post videos of our children on my social media,…

Continue ReadingMy ex told me I can’t post videos of our children on my social media. What can I do?

Have you ever told a client he/she would be better off settling a case, only for the client to take the case to trial anyway?

Yes, and most of the time when a client decides to take a case to trial over a client’s advice the client does worse than he/she would have if he/she…

Continue ReadingHave you ever told a client he/she would be better off settling a case, only for the client to take the case to trial anyway?

2018 UT App 181 – Chaparro v. Torero – default judgment, findings of fact, child custody

2018 UT App 181 – Chaparro v. Torero THE UTAH COURT OF APPEALS ELDA CHAPARRO, Appellant, v. ENRIQUE TORERO, Appellee. Opinion No. 20170494-CA Filed September 20, 2018 Second District Court,…

Continue Reading2018 UT App 181 – Chaparro v. Torero – default judgment, findings of fact, child custody

2019 UT App 83 – Nave Free v. Free – modification of child support

2019 UT App 83 – Nave Free v. Free THE UTAH COURT OF APPEALS LINDA LEE NAVE-FREE, Appellee, WENLOCK DUANE FREE JR., Appellant. Opinion No. 20170751-CA Filed May 16, 2019…

Continue Reading2019 UT App 83 – Nave Free v. Free – modification of child support

New laws from 2019 Utah Legislative Session – Section 30-3-34 – step parents and others

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34 rather extensively. We discussed some of those changes in…

Continue ReadingNew laws from 2019 Utah Legislative Session – Section 30-3-34 – step parents and others

New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”?

New laws from 2019 Utah Legislative Session - Section 30-3-34 - "best parent"? Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the…

Continue ReadingNew laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”?

How can I get a divorce if I don’t know where my spouse is?

If I'm married with a child (separated for 4 years), how do I get a divorce and establish a child support order, if I don't know where my spouse is?…

Continue ReadingHow can I get a divorce if I don’t know where my spouse is?

Do I need a separate room for my daughter?

As a single father I can only afford a one bedroom apartment for me and daughter, what alternatives do we have? Most courts will not penalize you for having a…

Continue ReadingDo I need a separate room for my daughter?

Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker

2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department…

Continue ReadingCox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker

Marroquin v. Marroquin – 2019 UT App 38 – business valuation, findings

Marroquin v Marroquin - 2019 UT App 38 THE UTAH COURT OF APPEALS HEATHER MARROQUIN, Appellant, v. RENSON AMILICAR MARROQUIN, Appellee. Opinion No. 20170454-CA Filed March 14, 2019 Third District…

Continue ReadingMarroquin v. Marroquin – 2019 UT App 38 – business valuation, findings

What are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable?

What are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable? Said parent is losing time with her child because her…

Continue ReadingWhat are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable?

Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

2018 UT App 238 THE UTAH COURT OF APPEALS DANIELLE MARIE HARTVIGSEN, Appellant, v. RICHARD MYERS HARTVIGSEN, Appellee. Opinion No. 20160069-CA Filed December 28, 2018 Fourth District Court, Provo Department…

Continue ReadingHartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

Have we reached the point where mothers are not immediately deemed the best candidates for child custody?

Almost, but not yet. Until recently, it wasn’t just a cultural norm, but a legal principle that presumed during a child's "tender" years (generally regarded as the age of four…

Continue ReadingHave we reached the point where mothers are not immediately deemed the best candidates for child custody?

Can a Utah court exercise jurisdiction over my divorce, even if I don’t live in Utah?

Yes, under certain circumstances. If you are a non-resident and Utah can still exercise jurisdiction over your case, this is referred to as “long-arm jurisdiction”. The statute which submits non-resident…

Continue ReadingCan a Utah court exercise jurisdiction over my divorce, even if I don’t live in Utah?

Why are there no penalties for false allegations in divorce and custody issues?

Why are there no penalties for false allegations in divorce and custody issues? First, there are penalties meted out; in my opinion few (far too few) in law enforcement, child…

Continue ReadingWhy are there no penalties for false allegations in divorce and custody issues?

As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce?

As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce? There are two types of men who ask this question:…

Continue ReadingAs a man, what steps can I take to safeguard my interests before telling my wife I want a divorce?

Dole v. Dole – 2018 UT App 195 – imputed income, child tax exemption, property division

2018 UT App 195 The Utah Court of Appeals JULIE ANN DOLE, Appellee, v. CHRISTOPHER PATTON DOLE, Appellant. Opinion No. 20160702-CA Filed October 12, 2018 Third District Court, Salt Lake…

Continue ReadingDole v. Dole – 2018 UT App 195 – imputed income, child tax exemption, property division

Stephens v. Stephens – 2018 UT App 196 – modifying child custody and support

2018 UT App 196 The Utah Court of Appeals DONOVAN TODD STEPHENS, Appellee and Cross-appellant, v. BRIDGET NICOLE STEPHENS, Appellant and Cross-appellee. Opinion No. 20170440-CA Filed October 12, 2018 Third…

Continue ReadingStephens v. Stephens – 2018 UT App 196 – modifying child custody and support