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…
Should married couples have a mandatory cooling-off period before they can file for divorce? And if so how long should the cooling off period be? Society desperately needs to reverse…
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…
UPDATE on new Utah Rules of Civil Procedure Rule 109: Utah Court Notices notices@utcourts.gov via usblists.utahbar.org 8:57 AM to utahstatebarnews Subject: [UtahStateBarNews] Notice of new effective date for Rule 109…
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…
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…
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,…
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…
If by your question you are asking whether a man can initiate divorce proceedings against his wife after she leaves the country without any indication that she intends to return,…
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,…
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…
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,…
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…
Section 30-3-10 provides some of the criteria the court must consider in analyzing and making its custody award. With the legalization of medical marijuana, the Utah legislature amended Section 30-3-10…
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…
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…
Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34. That code section provides that a noncustodial parent will…
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?…
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…
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…
If a spouse "refuses to sign the divorce papers" would the divorce be in limbo? No. The days of a spouse preventing a divorce due to a refusal to agree…
In the jurisdiction where I practice (Utah), the law is: Utah 76-7-103. Adultery. (1) A married person commits adultery when he voluntarily has sexual intercourse with a person other than…
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…
The Utah Supreme Court has adopted a new effective date for newly created rule 109 of the Utah Rules of Civil Procedure. The rule was formerly effective May 1, 2019, but is…
As a lawyer, what are top things you wish your clients would stop saying/doing? What a great question. Thank you for asking. I have a three-part answer: 1) for all…
Winning the argument over whether the children of a divorcing couple should bear their father’s last name, after the husband refused to believe he was the children’s (they were twins)…
I learned from this article (see the link below) a few things I didn't know about computer and online evidence in divorce and child custody cases. You'd be wise to read…
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…
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…
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…
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…
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…
2018 UT App 205 THE UTAH COURT OF APPEALS JAMIE WIDDISON, Appellee, v. JANAE A. KIRKHAM, Appellant. Opinion No. 20160961-CA Filed November 1, 2018 Third District Court, Salt Lake Department…
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:…
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…
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…
If a witness won’t come to trial and testify for you voluntarily, then yes, you need to pay your witnesses. Expert witnesses set their own expert witness testimony fees. Some…
Erickson v. Erickson - 2018 UT App 184 THE UTAH COURT OF APPEALS KIT RICHARD ERICKSON, Appellant, v. SHANDI ERICKSON, Appellee. Opinion No. 20170100-CA Filed September 27, 2018 Third District…
Here are the reasons, as I see them, why too many divorce cases cost so much and take so long to finish (in no particular order): 1. Some divorce lawyers…
Why do judges tell people not to break court orders but then do nothing when the court order is broken? Reason #1: because of the principle of “easier said than…
What is one of the biggest challenges of a Divorce lawyer? First, read Donald Baranski’s answer to this question (which provided below); it’s excellent, and any divorce client would be…
My parents got divorced when I was 3. I’m currently 14. My mom has full custody of me, but I want to live with my dad full time in Denver,…
What are the major differences between fault and no-fault divorces and which one should become more universally standard? It used to be that one could not get a divorce without…
How does custody of children work if the parents live in different states? I’ll answer this question in the context of Utah’s family law (I practice divorce and family law…
There are many, many factors the judge will consider. I’ll list them. First and foremost is: distance between the parents. If the parents don’t live close enough to each other…
Child Support: does a father with joint custody who lost his job have the right to claim child support, if the mother is employed? My answer applies for the State…
What can we do about the laws that are outdated about taking custody of a child? In a clear and concise manner write to A) your state legislators, and B)…
How can I refuse to divorce my wife now, as I just lost my sister, and my wife told me just before my sister died, that I will never see…
What are legal ways one can prevent having to pay spousal support in case of a divorce? Do you really mean “What are legally and equitably valid ways one can prevent having…
This opinion is subject to revision before final publication in the Pacific Reporter Hahn v. Hahn - 2018 UT App 135 IN THE UTAH COURT OF APPEALS RANDY R. HAHN,…