Navigating the GAL or PGAL Interview: A Survival Guide
In child custody disputes, the judge acts as the final arbiter, but they rarely get to see the daily reality of a child's life. This is where appointing an attorney…
Why Divorce Decrees Don’t Magically Change Mortgages: What Too Many Utah Homeowners Learn the Hard Way After Divorce
Divorcing homeowners in Utah frequently run into mortgage servicer roadblocks when trying to refinance or have a spouse removed from a loan, even when the divorce decree says so. This blog explains…
The Language Barrier of Divorce: Decoding Divorce Jargon
Divorce is hard enough on its own. Add in legal paperwork packed with unfamiliar terms, and it can feel like you’re suddenly expected to speak a completely new language. For…
What Utah Law Actually Says About Hearing From Children in Custody Cases
In the prior discussion, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, attachments, and lived experience without hearing directly…
When the System Resists Hearing from the One Person Who Actually Lives the Case
Seth Godin observed that every important medical innovation of the last several centuries—handwashing, antibiotics, acknowledging the dangers of smoking—was initially resisted by the medical establishment. Not because the ideas were…
When Can Things Be Submitted to the Court?
Every year, I watch people bring “important” documents to court that the judge will never read. Emails. Text messages. Financial records. Therapist letters. Receipts. Recordings. Sometimes the most important material…
“When in Doubt, Grant the Protective Order” Is Not a Legal Principle
In discussions about protective orders and alleged domestic violence, I often hear a familiar refrain: “Protective orders should be granted liberally even when the question comes down to one person’s…
The Illusion of Protection: Why Utah’s Child Testimony Statute Threatens Due Process and Open Courts
A constitutional critique of Utah Code § 81-9-204(5)(a) Utah, like every state, bears a solemn and compelling responsibility to protect children involved in custody and parent-time disputes. That responsibility is…
The Muzzled Meadow
I. The Founding TraumaIn the Meadow, everyone agreed on one thing: voices were dangerous.It hadn’t always been so. Long ago, animals spoke plainly. Some spoke well, somepoorly, some too much.…
Why Utah Courts Rely on GALs, PGALs, and Custody Evaluators — The Best Case
This post is the first in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, beginning with the strongest…
The Voice of the Child: Why Simple, Factual Testimony Is Often Safer Than Psychological Interpretation
The Danger of Interpretation When Courts Refuse to Hear from the Child Directly When the court relies on a child custody evaluator or Guardian Ad Litem (GAL), it is not…
Klein v. Klein – 2025 UT App 170
Klein v. Klein - 2025 UT App 170 THE UTAH COURT OF APPEALS AMBER KLEIN, Appellee, v. MELVIN JAMES KLEIN, Appellant. Opinion No. 20240231-CA Filed November 20, 2025 Sixth District…
Utah Law Does Not Bar Children From Testifying—Even When a PGAL Is Appointed
Utah law allows a child to be represented by an attorney—either a guardian ad litem (GAL) when there are allegations of child abuse, or by a private guardian ad litem…
How to Protect Your Child From Being Manipulated Into Making False Accusations During a Custody Dispute
A candid, experience-based guide for parents who need the truth without varnish or theatrics. Not every case involves manipulation. Not every professional fails. But when these problems occur—and they do—the…
If Your Spouse Hid Assets by Titling Them in a Parent’s Name, Is That “Smart Protection” or Financial Fraud? How Do You Prove It in Utah Divorce Court?
This is not unusual: a spouse suddenly “doesn’t own anything,” yet somehow pays the taxes, insurance, maintenance, or mortgage on a house that’s titled in Mom’s name. Or money gets…
Is Alimony Still Necessary? Or Is It an Outdated Relic? A Utah Divorce Lawyer’s Honest, Earnest Take
If you have spent any time searching for information about alimony, you already know the truth: most people hate the idea of paying it, most people love the idea of…
Proof, Notice, and Verification Under Utah Law in the Context of Minor Child Expenses: A Practical Guide for Proving Child Health Insurance, Medical Expenses, and Child Care Costs
Utah’s child support statutes—now consolidated under Title 81, Chapter 6 of the Utah Code use the term “verification” repeatedly when describing a parent’s duties to provide proof of child health insurance coverage and…
A Shield, Not a Gag: Utah’s PGAL Statute Authorizes Representation, Not Substitution
When Utah courts face high-conflict custody disputes, one common suggestion is to appoint what is known as a Private Guardian ad Litem (PGAL)—an attorney ostensibly tasked with “representing the best interests of…
Stephenson v. Stephenson – 2025 UT App 149 – marital expenses
Stephenson v. Stephenson - 2025 UT App 149 THE UTAH COURT OF APPEALS SHAUNA H. STEPHENSON, Appellee, v. KERRY KAY STEPHENSON, Appellant. Opinion No. 20220469-CA Filed October 17, 2025 Third…
How to Reopen Discovery for Good Cause in Utah Family Law Cases
Once discovery closes in your Utah divorce, child custody, or support case, it’s supposed to stay closed. The court expects both sides to be finished gathering evidence and ready for…
What Counts as “New Evidence” After Discovery Closes in a Utah Divorce Case?
When discovery closes in your Utah divorce, child custody, or support case, you can’t keep gathering (or using at trial) new evidence unless it fits a very narrow exception.Many people…
When Discovery Closes, It’s Really Closed: What That Means in Utah Family Law Cases
When discovery closes in your Utah divorce, child custody, or support case, that’s the official end of the evidence-gathering phase. You can’t send out new discovery requests, And you can’t…
Understanding Judicial Discretion and Its Abuses in Utah Family Law
Utah judges and commissioners can—and many often do—bend or ignore laws/rules and facts. Learn how this happens, why appellate oversight rarely corrects it, and what litigants can do to protect…
Pushing Back Against Judicial Micromanagement: Divorce Courts Need to Enforce Law, Not Parent the Parents
Utah divorce and family courts sometimes wander into nanny-court social engineering, issuing orders that treat parents like fools and/or helpless children who can’t be trusted to act sensibly without judicial…
The Two Falsehoods Behind “I Don’t Understand”: Why Claiming Confusion Won’t Help You in Divorce
Disappointment Is Not Synonymous with Misunderstanding Divorce and custody cases are full of hard choices, unfamiliar rules, and outcomes no one loves. It’s normal to be disappointed when a judge…
Building a Credible Alimony Case Without Games or Gimmicks
Divorce is hard enough without turning it into a credibility war. Alimony — what Utah law calls “spousal support” — exists to help a financially disadvantaged spouse transition without being…
I Just Found Out My Former Spouse Won the Lottery—Can I Get Some of That Money?
In Utah, you can share in your spouse’s lottery winnings if the divorce is still pending. After the divorce is final, you cannot reopen the property settlement, but the winnings…
Complacent Rulings, Lasting Damage
“Remember that most people will pretend to operate in your interest while operating in their own.” —Ray Dalio Dalio wasn’t talking about family courts when he wrote this, but he…
The Myth of Utah’s “Standard Parent-Time”
Utah law does not impose a mandatory “standard parent-time” schedule. The schedules in Utah Code § 81-9-302 are only possible options for courts to consider. In practice, however, judges often adopt them with little…
How Social Media and Digital Communication Have Changed Divorce Evidence
The explosion of text messages, emails, and social media has had a significant impact on divorce litigation. The Shift: From He Said/She Said to Digital Receipts Not long ago, custody…
The Most Common Non-Legal Mistakes Divorce Clients Make That Complicate Their Cases
One’s divorce case rarely falls apart just because it is legally or factually weak. More often, it’s the divorcing parties themselves who complicate their cases through avoidable mistakes. Courts in…
Judicial Overreach in Utah Child Custody Order: Return to Restraint
In Utah, as in other states, courts deciding child custody and parent-time disputes are charged with applying the “best interests of the child” standard. That standard is necessary, but it…
How Well Divorce Mediation Works Depends on How Well You and Your Spouse Work Together
Don’t divorce lawyers make mediation harder and more expensive? I'm a divorce lawyer, and I'll be the first to admit it: sometimes lawyers can do more harm than good in the…
Compelling Reasons for Permitting Litigants and Their Attorneys to Appear Remotely for Court Hearings
Compelling Reasons for Permitting Litigants and Their Attorneys to Appear Remotely for Court Hearings
World War II’s silk shortage forced the military to abandon a comfortable default; nylon parachutes—stronger, cheaper, and mass-producible—started as a substitute and became the superior standard. COVID-19 did the same…
My Spouse is a Criminal, How Can I Avoid His Downfall?
My Spouse is a Criminal, How Can I Avoid His Downfall?
When people discover that his or her husband or wife is committing crimes or has been convicted of crimes, they often panic. One of the first questions we hear in…
Why Don’t My Kids Like Me After the Divorce? I’m Not a Bad Person. Not Even Close. I Haven’t Changed. What Could Have Happened?
One of the most painful parts of a divorce can be if children seem to pull away from you. It’s a situation many divorced and separated parents face: after a…
Guardians ad Litem and Custody Evaluators in Utah: Too Often Biased, Flawed, and Beyond Accountability
In Utah custody disputes, Guardians ad Litem (GALs) and custody evaluators can have enormous influence over the outcome, often so much so that it’s far more than the law actually…
Should I Forgive My Spouse for Abusing Me and/or Our Children?
Forgiveness is a deeply personal decision, and in the context of abuse it can be a life-altering one. But understand that “forgiving” your spouse for abusing you or your children…
I Can No Longer Afford My Divorce Attorney. What Should I Tell My Attorney? And What Are My Options if I Proceed Without an Attorney in My Divorce Case?
TL;DR: If you can’t afford your Utah divorce attorney anymore, tell him/her immediately. You may be able to arrange a payment plan, switch to limited scope services, or proceed on your…
I Want to Propose a Settlement in My Divorce Case. How Do I Know What to Offer?
Are you thinking about offering a settlement in your Utah divorce or child custody case? Here is what you should consider before you make the first move — including how…
My Lawyer Says That the Things I Think Are Important to My Divorce and Child Custody Case Are not Important (or Not Nearly as Important as I Believe Them to Be). Is My Lawyer Right? How Can I Know? What Do I Do?
Do you wonder whether your divorce lawyer is ignoring what really matters in your divorce or custody case? With this post you will learn why your concerns may be legally…
My Spouse is Disparaging Me Publicly and/or to Our Children—What Can I Do? What Should I Do?
Divorce or custody litigation often brings out the worst in people. Some spouses can't resist the urge to play the victim or the hero in every story they tell, especially…
Can I Stop My Spouse from Bad Mouthing Me During Our Divorce? By Braxton Mounteer, Legal Assistant
It’s not uncommon during a divorce for one spouse to claim that the other is disparaging them—online, in conversations with mutual friends, or even in front of their children. We…
A Presumption of Equal Physical and Legal Child Custody Should Be the Norm
Most parents in Utah assume that when they separate or divorce, the court will start from a position of splitting custody evenly. That’s a reasonable assumption—shared parenting has become the…
Reforming Child Custody in Utah Divorce: A Parental Fitness Approach
In Utah, divorce-related child custody disputes often escalate over parenting flaws that wouldn’t justify state intervention outside divorce. This approach is flawed because it creates a double standard that unfairly…
Family Lawyers: Why Aren’t More of You Moving the Court to Interview Children Instead of Automatically Requesting PGALs or Custody Evaluators?
Most cases don't need a PGAL or evaluator appointment. Why are court interviews often the better choice?: Quality of evidence: Direct court interviews create objective, recorded testimony rather than subjective, unverifiable,…
The Overrated Book, The Understated Truth: Atomic Habits and the Indispensable Role of Quantity in “Quality” Parent-time
People rave about Atomic Habits by James Clear. I do not. It’s not a bad book, but not life-changing, at least not for me. Maybe it didn’t move me much…
Protecting Parental Rights: Why Sole Custody Shouldn’t Be the Default Response
A single mistake shouldn't cost a parent his or her relationship with his/her child. Yet too often, family courts award sole custody based on isolated incidents or "aberrant behavior" that…
Can My Ex Legally Let a Sex Offender Be Around My Kids in Utah?
TL;DR: No, not without strict limits. In Utah, no parent may not allow a registered sex offender to be around your children—even in that parent’s own home—without the other parent’s…
Is Required Divorce Mediation Under the Utah Code a Waste of Time? By Braxton Mounteer, Legal Assistant
If you get divorced in Utah, you may be surprised to learn that you are required—unless you are excused for good cause—to attend at least one session of mediation before…