Timeline of a Typical Utah Divorce Case: From Start to Finish
While every divorce case is unique, the following outlines the general stages and timeframes involved in a Utah divorce case. Understanding the basic timeline of a typical case in Utah…
Why Wouldn’t I Speak Freely With a Law Enforcement Officer if I Have Nothing to Hide and the Officer Seems Sincere in His Questioning?
There are some genuinely nice men and women serving in law enforcement. That stated, any time when a law enforcement officer is asking you questions, be aware that 1) law…
What Should I Do if My Husband Wants to Divorce Me for Not Giving Him Children?
There is not much you can do to deny a spouse a divorce, if one lives in the U.S. Spouses in the U.S. can file for and obtain a divorce…
Should You File an Appeal in Your Divorce Case, If You Are Not Happy with the Result at Trial? By Braxton Mounteer, Legal Assistant
There are a few things that you should be aware of before you decide to pull the trigger on filing an appeal on the outcome of your divorce trial. First,…
Your divorce Case Deadlines Will Not Wait By Braxton Mounteer, Legal Assistant.
Divorce is one of the most difficult things that someone can experience. Many in the field of psychology rank divorce just behind a spouse’s death on lists of the most…
If My Ex-husband Quit His Job to Avoid Alimony Does He Still Have to Pay Alimony?
If a spouse (husband or wife) is ordered by the court to pay alimony but then quits his/her job and then tries to claim “I can’t pay alimony because I…
Excluding the Public from Divorce Court Hearings and Trials Does More Harm than Good
"Government ought to be all outside and no inside. . . . Everybody knows that corruption thrives in secret places, and avoids public places, and we believe it a fair…
How Much Can You Stretch The Truth In Your Testimony? By Braxton Mounteer, Legal Assistant
Many people believe that everyone bends the truth from time to time. While the typical “no, that dress does not make you look fat” white lie in your everyday interactions…
Can a Parent Send a Third Party for Child Pick Up for Parenting Time if It’s Not a Part of a Utah Custody and Parent-Time Court Order?
If there is no court order that addresses and controls the question of who can pick up or drop off the children in connection with custody and parent time exchanges,…
Wallace v. Wallace – 2024 UT App 164 – Custody, Non-disparagement
Wallace v. Wallace - 2024 UT App 164 THE UTAH COURT OF APPEALS JAMES DOUGLAS WALLACE, Appellee, v. JOANNA JUNE WALLACE, Appellant. Opinion No. 20220559-CA Filed November 15, 2024 Third…
Small v. Small – 2024 UT App 173 URE 408 and statute of frauds
Small v. Small - 2024 UT App 173 THE UTAH COURT OF APPEALS NATHAN DALE SMALL, Appellant, v. TRISHA DAWN SMALL, Appellee. Opinion No. 20230487-CA Filed November 29, 2024 First…
A Third Party Refused to Return Child to the Child’s Mother, the Sole Custodian. So Mother Called Law Enforcement Seeking Assistance. But They Refused to Get Involved Saying It’s a Civil Matter. Is That True?
I can't speak to what the law is in all jurisdictions, but I can speak to what the law is in Utah on this subject based upon my experience and…
Is Trial In Your Utah Divorce Case a Boxing Match or an Audition? By Braxton Mounteer
Everyone has seen a trial portrayed in a movie or video. An actual trial (especially in a divorce case) is not like television or movies would have you believe. Initially,…
Child Support in Utah
How is child support calculated in Utah? How long does child support last? How is child support enforced? How child support in Utah is calculated. I will explain it both…
Calculating Alimony in Utah Divorce Cases
Alimony is not purely a mathematical formula in Utah, but the governing section of the Utah Code (see Section 81-4-502. Determination of alimony) does relay on some basic addition, subtraction, and division. First,…
Do You Really Think That the Institution of Marriage Should Be Dissolved, Keeping In Mind the Current Rate of Divorces and Infidelities?
Do we need laws, given that so many people break them? It's tempting to believe that if we abolished marriage, we would thus get rid of divorce. While that is…
Why Would a Lawyer Not Take a Case?
Some people ask this question because they believe an attorney is somehow obligated to accept any and every case he/she is asked to accept. This is not true. Some people…
Chlarson v. Chlarson – 2024 UT App 160 – Divorce and Military Retirement
Chlarson v. Chlarson - 2024 UT App 160 THE UTAH COURT OF APPEALS JUSTIN THOMAS CHLARSON, Appellant, v. JACQUELINE NICOLE CHLARSON, Appellee. Opinion No. 20230742-CA Filed November 7, 2024 Second…
Godfrey v. Godfrey – 2024 UT App 156 – Broad discretion, Abuse of discretion
2024 UT App 156 THE UTAH COURT OF APPEALS AMANDA GODFREY, Appellee, v. RANDY GODFREY, Appellant. Opinion No. 20210871-CA Filed October 31, 2024 Third District Court, Silver Summit Department The…
Hoidal v. Berry – 2024 UT App 157 – Valuation, Separation, Alimony
2024 UT App 157 THE UTAH COURT OF APPEALS MARI HOIDAL, Appellee and Cross-appellant, v. JOHN BERRY, Appellant and Cross-appellee. Opinion No. 20220291-CA Filed October 31, 2024 Third District Court,…
Lerman v. Lerman – 2024 UT App 155 – Child Custody and Domestic Violence
Lerman v. Lerman - 2024 UT App 155 THE UTAH COURT OF APPEALS DEREK LERMAN, Appellee, v. MICHELLE LERMAN, Appellant. Opinion No. 20230913-CA Filed October 31, 2024 Second District Court,…
How Are Jurors Typically Selected for Divorce and Custody Cases in Utah?
Divorce cases are not tried to a jury in any state except one: Texas. In all other states, including Utah, divorce and child custody cases are tried to the bench,…
Duffin v. Duffin – 2024 UT App 154
Duffin v. Duffin - 2024 UT App 154 THE UTAH COURT OF APPEALS JAMES MARLO DUFFIN JR., Appellant, v. BRANDY ELIZABETH DUFFIN, Appellee. Opinion No. 20221046-CA Filed October 31, 2024…
2024 UT App 133 – Bountiful City v. Swenson – Protective Order Violation
2024 UT App 133 - Bountiful City v. Swenson THE UTAH COURT OF APPEALS BOUNTIFUL CITY, Appellant, v. ROBERT TAKASHI SWENSON, Appellee. Opinion No. 20230430-CA Filed September 19, 2024 Second…
Should You Use Utah’s Court-created Forms? By Braxton Mounteer, Legal Assistant
The Utah courts have created a sizeable library of forms; a few that everyone is required to use, and a lot that can be used--optional, in other words--if one wants.…
Lunt v. Lunt – 2024 UT App 148 – Alimony, Individual Needs, Business Goodwill
Lunt v. Lunt - 2024 UT App 148 THE UTAH COURT OF APPEALS MEGAN LUNT, Appellee, v. DREW E. LUNT, Appellant. Opinion No. 20220596-CA Filed October 18, 2024 Third District…
What May Happen When I Tell the Judge That I Violated a Nocontact Order Because the Paperwork I Received at Court Was Torn and Did Not Say Anything About No Contact?
What will happen? Who knows? What could happen? The court could A) believe your story; B) not believe your story; or C) not believe your story and then come down…
Corn v. Groce – 2024 UT App 84 – Proving Changed Circumstances
Corn v. Groce - 2024 UT App 84 THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court, Farmington…
Utah Law Question: Discovery Closes in Less Than 28 Days, but Opposing Counsel Just Serve Discovery Requests. Am I Obligated to Respond?
Answer: Almost certainly no. See Dahl v. Harrison, 265 P.3d 139, 2011 UT App 389 (2011). Note: Under the current Utah Rules of Civil Procedure, responses to written discovery requests are due…
How Should I Deal With an Ex Husband Who Is Reluctant to Move out After the Divorce?
If he wasn’t ordered to move out, and if you weren’t awarded sole possession, occupancy, and use of the marital residence, then he is under no obligation to move out.…
How to Pronounce Certiorari and What It Means.
Today’s question comes from a viewer of the UFTLV channel who wants to know not only what this term means, but how it is properly pronounced! First, the definition: an…
What Paperwork Must I Complete in Family Court to Modify a Utah Child Custody Order?
DIY litigation is difficult in almost every situation. Divorce and family law is no different. You will likely save time and money by hiring a good (a good) attorney in…
What Are Some Strategies for Divorcing a Selfish, Intelligent, and Manipulative Person Without It Becoming a Messy Legal and Emotional Battle?
Spouses of selfish, intelligent, and manipulative people who want to avoid a messy legal and emotional battle are not telling the whole truth about what they want. Implicit in what…
What Are the Key Things You Should Do Protect Yourself During a Divorce?
This is one of the most important questions you need to ask and to answer if you are contemplating divorce or find yourself on the receiving end of a complaint…
I Have a Question About Whether to Divorce.
I decided to divorce my husband of 10 years after years of neglect and feeling unloved. We have a 6-year-old daughter. For the majority of our marriage I was always…
When Should You Settle Your Divorce Case? By Braxton Mounteer, Legal Assistant
Over the course of your divorce, you may be tempted to throw in the towel and give up. You may also be tempted to fight to your last breath. Either…
Why Is My Narc Husband Angry When We Discuss Selling the House When We Are Headed for Divorce?
First, for those of you who don’t know what a “narc” is, let’s address that. A “narc” in this context is a narcissistic spouse. Click here for a more detailed…
My Husband Left Me and Our Kids. How Long Should I Wait Before I File for a Divorce?
You’re asking the wrong question first. Your first question should not be, “How long should I wait before I file for a divorce?,” but “*Should* I even file for a…
Two Reforms (Of Many) That I Suggest Are Likely Not What You Think They Would Be.
In my opinion (as a divorce and family law attorney for the past 27 years), a “less is more” approach is needed at this point. What do I mean? For…
Can My Custody and Parent-Time Order Be”Redone” Because I Was a Vulnerable Adult (My Mental Health Was Suffering) at the Time the Orders of Child Custody and Parent-Time Were Made? I Didn’t Attend the Court Hearing (I Know), but the Entire Thing Unfair to Both the Children and Me.
There is a case in Utah that may almost precisely be on point for the circumstances you describe, Hogge v. Hogge, 649 P.2d 51, 54 (Supreme Court of Utah 1982). Here…
How Does the Divorce Process Begin?
The legal process of initiating a divorce begins (in the U.S.A.) with filing a lawsuit. A divorce action is a legal action filed in court, just as a lawsuit for…
McPherson v. Copp – 2024 UT App 107 – common law marriage, undisclosed witnesses
2024 UT App 107 THE UTAH COURT OF APPEALS SEAN MCPHERSON, Appellee, v. LYNN COPP, Appellant. Opinion No. 20220404-CA Filed August 1, 2024 Third District Court, Silver Summit Department The…
Kinsey v. Kinsey – 2024 UT App 120 – Termination of Alimony
Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…
Is It Time to Recognize “Semi-cohabitation” as a Basis for at Least Reducing the Alimony Award?
Currently in Utah, alimony, the Utah Code provides, at § 30-3-5(11)(a), which will, effective September 1, 2024, be renumbered as § 81-4-504(1), as follows: (11)(a) The court has continuing jurisdiction…
Kinsey v. Kinsey – 2024 UT App 120 – termination of alimony
Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…
How to Fill Out Your Financial Declaration, Paragraph 6. By Braxton Mounteer, Legal Assistant
Paragraph 6 of your financial declaration addresses your after-tax income. Your after-tax income is a simple calculation. Take your gross monthly income (calculated in paragraph 4) and subtract your monthly…
How Do You Enforce Court Orders That Have Been Issued in a Utah Divorce Case or Child Custody Case?
Many people who have gone through a divorce case or unmarried parents who have gone through a child custody case find themselves at the end of the case with a…
What Do Judges Like and Not Like to Hear at Custody Hearings With High Conflict Parents Who Will Not Agree on Custody Terms?
Many attorneys and parents who have been through child custody and parent time disputes before will give you some basic and sound advice; specifically, 1) ensure that your arguments have…
How to Fill Out Your Financial Declaration, Paragraph Five. By Braxton Mounteer, Legal Assistant
Paragraph five of your financial declaration is about the amount of taxes on your monthly income that you pay per month (or what the average monthly deduction from your income…
Can’t I Claim an Offset or Credit for the Children’s Other Expenses That I’ve Paid?
My ex-spouse is the primary custodial parent, and I am ordered to pay child support. My ex wastes child support money and/or doesn't spend it on the needs of our…