This series has examined a focused procedural question: whether interviews with children in custody disputes should be preserved through authenticated contemporaneous verbatim record via unedited audio-visual capture. The discussion has…
The Fragility Rationale The most common justification for not making and keeping a record of child testimony rests on fragility. Knowing that the interview will be recorded, it is said,…
A 5-part series Series Introduction Modern legal systems run on records. Depositions are transcribed. Hearings are recorded. Police interrogations are preserved. Financial transactions generate digital trails. Making and preserving records…
Financial advisors, wealth managers, and business consultants increasingly tell clients to “plan for divorce.” Some divorce lawyers say the same thing. I do not, especially for young people contemplating marriage…
“Better safe than sorry.” Few phrases sound more humane. In the context of domestic violence, it feels morally unassailable. Why wouldn’t we err on the side of safety? Whatever it…
For Utah divorcing couples: A clear, practical discussion on how military retirement is divided under the Uniformed Services Former Spouses’ Protection Act (USFSPA) and Utah’s equitable distribution law — including…
Utah’s 2026 legislative session includes a proposal that deserves attention well beyond juvenile court. House Bill 372—particularly its substitute versions—revisits Guardian ad Litem (GAL) duties and standards in child welfare proceedings.…
Utah divorce law is statutory. Judges don’t invent custody standards or alimony rules on a whim. They apply what the Legislature has enacted. But statutes do not apply themselves. Judges…
People who hire a lawyer tend to assume one of two extremes. Either: “I hired the lawyer, so the lawyer does what I say.” Or: “The lawyer is the professional,…
The "Rules for Thee, But Not for Me" Phenomenon The legal system is built on procedure. For an attorney, failing to file a motion on time or improperly authenticating a…
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…
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…
Divorce and family law cases are often described in terms of lawyers: legal advice, strategy, negotiations, and court appearances. None of that works unless the case itself is properly built…
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…
Guest post by Joe Gordon Broker / Owner / Certified Divorce Real Estate Expert Direct: 801-577-6304 Email: Joe@Gordon-RealEstate.com www.UtahDivorceRealEstate.com This practice tip comes to you after a heartbreaking case where the…
A wide river ran through the village.A wooden bridge connected the banks. The villagers depended on the bridge. They crossed it to go to work, to the market, to visit…
(Yes—even the “harmless” ones) One of the most common and most avoidable mistakes people make during a divorce is communicating too freely, too casually, or too confidently with their spouse…
Evidence, Record-Making, and the Limits of Testimonial Substitution Courts, lawyers, and commissioners in child custody and parent-time disputes often operate on an unspoken assumption: that the only acceptable way to…
There’s a persistent belief in the divorce and custody world that the “right” divorce and child custody lawyer can work miracles. That if you hire someone clever enough, aggressive enough,…
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…
The short answer: No — you have hope, but you have work to do. Utah custody law has changed significantly in past generation, but the core principles are the same:…
After a divorce that involved minor children of the parties, many of those party parents wonder why their kids become or seem to become distant or resentful. In Utah, children’s…
People often come into court thinking they can game or “outsmart the system.” They’ve read something online, talked to a friend who claims to have “pulled one over on the…
In Utah divorces, casting your spouse as the villain without proof can wreck your credibility and your custody case. Self-reflection and evidence—not drama—win the day. Divorce brings out strong emotions.…
False allegations of abuse—whether physical, emotional, or “stalking”—are among the most destructive things that can happen to a parent in a custody dispute. Once the words “abuse” and/or stalking is/are…
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…
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…
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 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…
A cheap divorce lawyer almost always costs more in the long run. Low-fee lawyers keep prices low by cutting corners (reusing boilerplate, outsourcing analysis and judgment, and rushing cases to…
The Absentee Lawyer Problem: When Your Attorney Isn’t Being Fully Responsible for the Work A growing number of divorce clients are unknowingly paying for work their lawyer never actually did.…
When people think of divorce, they tend to picture lawyers, judges, and endless e-mails and paperwork. But that’s just the legal side of the divorce ordeal. The emotional strain, the…
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…
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…
Courts (and the orders that govern them) mean it when they set deadlines. If you miss one, you can lose claims, defenses, evidence, or even your entire case. Excuses like…
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…
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…
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…
Divorce is almost always harder, slower, more expensive, and more damaging—financially and emotionally—than people expect. Unless you are married to someone truly abusive or irreparably toxic, the better course is…
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…
Why this comes up Divorce makes parents hyper-vigilant. A child’s smartphone can feel like the master key to what’s really happening—messages with the other parent, photos, social media, location history.…
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…
If a parent is awarded sole legal custody of a child, does that award not carry with it an implicit obligation to exercise that sole legal custody power in good…
Will offering your spouse more money guarantee a quick Utah divorce settlement? Sometimes. But it often backfires. Here’s how Utah divorce law treats lopsided settlements, when “buying peace” makes sense,…
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…
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…
Telling your spouse you are considering divorce before filing can either open the door to a cooperative, low-drama split—or give them time to get the jump on you and hurt…
Don’t wait until the first day of school to address custody schedules, school choice, communication with the school, extracurricular costs, or special needs. Review your decree, coordinate with your ex…
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…
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…