Family Law Legislation for the 2024 Utah State Legislative Session
Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…
Does an ex-spouse have claims to properties purchased during the marriage but name is not on deed, deed states married man and no mention of the property or distribution in the divorce?
I can answer this question in the context of the law of Utah, which is the jurisdiction where I am licensed to practice divorce and family law. To learn the…
What happens to joint credit cards when you divorce?
In the jurisdiction where I practice divorce law (Utah), the law is NOT that joint debt incurred during the marriage will presumptively remain the debt of both spouses (and thus…
How to prepare for a consultation with a lawyer By Braxton Mounteer, legal assistant
You have just been served with a summons and complaint (or petition) for divorce. Now have to traverse the minefield that is finding a good divorce attorney. It's harder to find a…
I Can Prepare a Prenuptial Agreement for You, but With Rare, Particular Exception, I Advise Against It.
Most attorney websites that contain “articles” on prenuptial agreements aren’t really articles but thinly veiled sales pitches for prenuptial agreements. This post is not one of those. I have always…
Why You Should Always Order Audio Recordings By Braxton Mounteer
You may be asking yourself, why should I order from the court a copy of the audio recordings of my court hearings? Shouldn’t the court's own notes in the written…
How do I enforce my husband’s promise to hire an attorney for me in our divorce?
If by this question you mean to state that your husband told you he would pay for your attorney in the divorce action between the two of you, that could…
Divorce and Social Media By Braxton Mounteer
Most people fundamentally misunderstand what the Internet and social media are. Many believe that social media is a web of interconnections where you can send and receive updates about your…
Some hard truths about divorce litigation in Utah.
To those of you who ask, “How did I lose that argument in my divorce case? The judge couldn’t say why he/she believed my witness(es) over my spouse’s witness(es)!”: A district…
Special masters, parent coordinators, and the infantilization of parents
Special masters and parent coordinators (and co-parenting therapists, co-parent coaches/consultants, and their ilk) were invented for the purpose of unburdening courts from some of the conflict associated with domestic relations…
The Problem with Private Guardians ad Litem. Part 3 of 3
As any attorney can do with any client, a PGAL clearly has the right to argue on a child client's behalf, and the Utah Code makes clear that a PGAL…
The Problem with Private Guardians ad Litem. Part 2 of 3
As any attorney can do with any client, a PGAL clearly has the right to argue on a child client's behalf, and the Utah Code makes clear that a PGAL…
The Problem with Private Guardians ad Litem. Part 1 of 3
Utah Code § 78A-2-705 provides that, “The court may appoint an attorney as a private attorney guardian ad litem to represent the best interests of the minor in any district…
Utah Divorce and Your Financial Declaration: Why it Matters, and How to Prepare It the Right Way
In every Utah divorce case, the parties must prepare what is known as a financial declaration. The parties to a divorce action are required by the rules of court to…
Establishing the existence or absence of business/commercial goodwill value in a divorce.
Sometimes a business is a marital asset. When the value of a business that is a marital asset is divided in divorce, the question of the “goodwill value” of the…
John v. John – 2023 UT App 103
John v. John - 2023 UT App 103 THE UTAH COURT OF APPEALS LUCAS ALLEN JOHN, Appellee, v. CASSANDRA KATHLEEN JOHN, Appellant. Opinion No. 20210506-CA Filed September 14, 2023 Third…
If I Get Married and Divorce Laws Change, Then Can I End the Marriage Before a New Divorce Law Applies Mentioning the Same as the Reason for Divorce?
My answer to your question is going to be a generalized answer to a hypothetical question. Before you take any real-life legal action in relation to real, existing laws, you…
Lawyers and Deadlines. By Braxton Mounteer
You have just received an email from your lawyer about a deadline that your lawyer needs your help to meet. What should you do? You are already extremely busy with your life and…
Why would anyone choose to become a divorce lawyer?
That is a great question. Most lawyers who have tried being divorce and family lawyers hate it and abandon it for other practice areas. I can tell you why I…
How Can You Tell if Your Lawyer Is Lying About Winning Cases if There Is No Evidence of It Online or in Paper Form?
Effectively, you can’t. You might be able to verify whether your lawyer is telling the truth about his/her winning record if the lawyer is willing to give you the information…
Completeness of Documentation By Braxton Mounteer
One of the hardest documents for a Utah divorce litigant to prepare is the financial declaration. I am amazed at the number of clients who don't take this document and…
Are some cases out there where the counsel has lied to his or her client?
Lawyers’ reputation for lying is, unfortunately, well-founded. There is a Bosnian proverb, “He who will lie for you will lie to you.” Lawyers who lie for their clients (and there…
Do family law divorce attorneys of the opposite side stalk and harass their client’s opposition if the client pays for it?
Some do (if you can imagine an attorney doing something like that, it’s probably already been done), but they’re outliers, and they are violating both the law and the rules…
What Does a Legal Assistant Think of Going Pro Se? By Braxton Mounteer
The term for representing yourself in court is "pro se" or "pro per". Can you navigate the legal system successfully without a lawyer representing you in your case? Before I…
Important things divorce attorney clients need to know but would easily and freely be forgiven for not knowing without being told. No. 4:
Your attorney cannot do what only you can do. Your attorney cannot answer questions posed to you until you provide your attorney with the information and facts needed to answer…
Important things divorce attorney clients need to know but would easily and freely be forgiven for not knowing without being told. No. 3:
The documents your attorney tells you that you must prepare for your case are, in fact, documents that you must prepare for your case. Failure to prepare them and to…
Important things divorce attorney clients need to know but would easily and freely be forgiven for not knowing without being told. No. 2:
If your attorney calls you, it’s important. Take the call, and if you can’t take the call, then call back ASAP (meaning same day, and not at 4:47 p.m.). Hours…
Important things divorce attorney clients need to know but would easily and freely be forgiven for not knowing without being told. No. 1:
Please check your email. And if you don’t have an email address, you must get one. And then you need to check your email inbox every day. Not just once…
Why Your Lawyer Might Drop Your Case By Braxton Mounteer
So, you have gotten news that your attorney has quit. Your attorney wrote you an email informing you that he or she your counsel either will soon withdraw as your counsel…
How to Avoid Being Called a Liar in a Utah Case By Braxton Mounteer
Who would you believe more in a court case: a person who admits to his/her faults, who honestly discloses all of his/her relevant information (even the information that hurts his/her…
How Creative Writing and Legal Writing are Connected By Braxton Mounteer
How one writes in the legal world and how one writes in the world of creative are both very similar and very different. When I became a legal assistant, I thought…
A Changed Perspective on Justice as a New Legal Assistant By Braxton Mounteer
After working in civil law for a short time (specifically, in divorce and family law), I think that many people have the wrong idea about justice and the court system.…
2023 UT App 60 – Martinez v. Sanchez-Garcia – Material and Substantial Change
2023 UT App 60 - Martinez v. Sanchez-Garcia THE UTAH COURT OF APPEALS DAISY MARTINEZ Appellant, v. FERNANDO SANCHEZ-GARCIA, Appellee. Opinion No. 20210829-CA Filed June 2, 2023 First District Court,…
First Impressions of Being a Legal Assistant as a Writer By Braxton Mounteer
The first thing you should know is that I am a writer. I have authored some short stories and some other things you haven’t heard of. I have been a…
How Long Does a Child Custody Court Hearing Take?
rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t…
What Does It Mean When Your Partner Hires an Attorney and Says He/She Is Going to Fight for Custody of the Children? How Likely Is It That They Will Get Sole Custody of the Kids?
Merely hiring an attorney does not give one an automatic advantage in a divorce and/or child custody case. It can, but it’s not guaranteed. Why? Because some attorneys are incompetent.…
Flat Fee Billing Questions
I am frequently asked questions about my flat fee billing. I bill on a weekly flat fee basis. Usually $500 per week, although the weekly fee can be higher if…
What Made You Want to Become a Family Law Attorney?
Thank you for asking this question. It comes at a time when I've been thinking about this very subject. I am the first lawyer in my family. I am also,…
How Do You Get a Divorce That Involves No Children and No Property or Money if You Haven’t Been Able to Find Your Spouse for Almost 10 Years, and Without Having to Hire a Lawyer?
You probably worry that hiring a lawyer will bankrupt you, and so you’re afraid to get the help a good divorce lawyer could be to you. Before you resolve not…
What are your thoughts on a second marriage?
My answer comes from the perspective of a divorce lawyer who’s been in practice for 26 years. Note that I believe in marriage. Although I am a divorce lawyer myself,…
Do I have to pay the court to go to trial?
Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this…
Do attorneys ever have to represent relatives?
Do attorneys ever have to represent relatives or is that a conflict of interest? I will give my personal opinion (as a lawyer, but not as a lawyer giving anyone…
When it comes to divorce and family law firms, never hire on faith and hope
Do your research with due diligence. Interview a lot of different firms and attorneys (I’m talking 5 to 10, not just 2 or 3—you’ll never get a feel for the…
Why are so many attorneys seemingly against legal separation?
Why are so many attorneys seemingly against legal separation? I truly feel in my circumstance its best for me/us. Is it because they wont make as much money? We have…
How do I file a response in a divorce if the summons is invalid?
How do I file a response in a divorce if missing the court’s address for filing invalidates the summons? Be very careful getting cute with procedural technicalities. If you were…
How can I make my abusive husband divorce me?
Short of holding the proverbial gun to his head (i.e., forcing him to do so against his will), you can’t. While you might contrive to motivate your husband to file…
What are the 3 main issues that lead to divorce these days?
Every time you hear about divorce, what are the 3 main issues that lead to divorce these days? I have been a divorce and family law attorney for 26 years.…
How much should you trust your lawyer? Part 2
This blog is in response to a comment made to a video entitled How much should you trust your lawyer? “The biggest problem I've encountered with attorneys isn't legal competence…
How much should you trust your lawyer?
The more power to be entrusted, the higher the stakes, the less I trust anyone under such conditions. Many of us find or will find ourselves in a situation where…
How do you win a case against your ex for false accusations?
If you find an attorney who knows a sure-fire, fail-safe way to defend an ex-spouse or an ex-boyfriend/ex-girlfriend against “false accusations,” that attorney is likely a multimillionaire because possessing such…
