This is an extremely good question because I am amazed (as a divorce and family lawyer who has been in practice for 28 years) how divorcing couples and parents communicate…
Great, great question. First, fairly and accurately. Do not selectively cite the other parents communications with you and with others. If you do that, your credibility suffers. Second, relevantly. So…
Divorce is hard enough on spouses, but perhaps the most painful impact is on their children. The last thing you should do is create confusion, fear, and emotional scars in…
With rare exception, the correct answer to any yes/no question (also known as a polar question) in your family law proceeding is: “yes,” “no,” or “I don’t know/I don’t remember”…
“Quid rides? Mutato nomine et de te fabula narrator. [Why do you laugh ? Change only the name and this story is about you.]” Here’s a deeply disturbing but all…
Dutcher v. Dutcher - 2025 UT App 21 THE UTAH COURT OF APPEALS DAVID THOMAS DUTCHER, Appellant, v. AUDREY PARK DUTCHER, Appellee. Opinion No. 20230332-CA Filed February 21, 2025 Third District…
Most predictably and intuitively: They can take advantage of their greater knowledge of the law and court rules to make better arguments and to outmaneuver you in a case, whether…
Why is divorce so often like a knife fight? Not a literal one, of course, but a figurative battle where the first move can have lasting—often devastating—consequences. Have you ever…
When it comes to divorce trials, one of the most pivotal decisions you’ll make is who to call as a witness. Testimony from well-chosen witnesses can offer critical insights into…
Krajeski v. Krajeski - 2025 UT App 19 Oral argument (Utah Court of Appeals archive): https://youtu.be/LoIy9N8wThc THE UTAH COURT OF APPEALS TAMI KRAJESKI, Appellee, v. DAVID L. KRAJESKI, Appellant. Opinion No. 20230174-CA…
What is shuttle mediation (and yes, you’ll want to know before you go to mediation)? Shuttle mediation is a process where a mediator moves back and forth between two parties…
We won’t keep you in suspense: yes, you might be able to buy a house before or during the pendency of a divorce case. However, in most cases, you should not.…
I will answer this in the context of the way this issue is treated in my jurisdiction (Utah). First, understand that to prevail on a claim in court, you must…
I humbly and respectfully submit that the following clearly do not meet the burden of proof under the preponderance of evidence standard and thus do not support entry of a…
Historically, in the state of Utah, and throughout the United States, cultural bias as to which parent is granted primary custody plays a major role in child custody decisions. Originally,…
By exploiting legal mechanisms designed to protect actual victims, here are ways that fraudulently seeking a protective order can create an unfair advantage: Immediate Restriction on Contact and Access Temporary…
A previous post (The Cause of “Protective Orders Disorder” and How to Prevent It.) discussed the trouble caused by granting domestic violence protective orders without a preponderance of evidence. This…
“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” (Benjamin Franklin) It is undeniable that courts frequently take a "better safe…
In divorce litigation, strong, compelling evidence is the cornerstone of successfully navigating critical legal determinations. When significant issues such as child custody, child support, property division, marital debt allocation, and…
Family law proceedings in Utah (and in all other states, frankly), differ significantly from other areas of civil or criminal litigation, particularly when it comes to evidentiary practices. While the…
In Utah child custody disputes, the voices of children are almost always filtered through court-appointed private guardians ad litem (PGALs) and/or custody evaluators. These intermediaries will claim to represent what…
Many individuals in a divorce consider hiring a private investigator, hoping to uncover information that could affect the outcome of the case. While hiring a private investigator (PI) may seem…
Most of the answer to your question lies in your question itself. If you should be winning the arguments in your case but are losing “due to lack of representation,”…
No, and I’ll tell you why in the context of discussing a newly proposed Utah Rule of Civil Procedure which would be Rule 53A, entitled “Special masters for parenting disputes…
Child custody disputes between parents (whether in a divorce case or between unmarried parents) are among the most bitterly fought cases, as parents fight over the right to be integral…
I am a divorce and family lawyer. So I know that there are laws on the books in my jurisdiction (Utah) and in other jurisdictions throughout the U.S. that make…
In contemporary Utah divorce and child custody disputes, courts frequently order parents and children to participate in reunification therapy, family systems therapy, or other forms of therapy and counseling. While…
In your divorce case, you, your spouse (or other parent) and your children may be required to undergo a custody evaluation. The custody evaluation is governed by Utah Code of Judicial Administration Rule…
Ideally, with overwhelming amounts of compelling, objectively verifiable evidence that 1) the mother is unfit to exercise custody of the child; and 2) you are fit to exercise custody of the child. Why overwhelming…
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,…
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 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…
"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…
[Full disclosure: I make no secret of the fact that I have yet to encounter a custody evaluation conducted in Utah that is not pseudo-scientific, incompletely and incompetently documented, and…
Any old lawyer to look at your case? Well, if you can’t find a good lawyer who is skilled in the area of the law affecting you, it may (may)…
Good point, and good question. Although the amount of time fathers are being awarded with their children is increasing in child custody dispute cases (and has been for the past…
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…
I get calls about this frequently from former and from brand new clients: it may have been half a year or more since the child custody case was resolved, either…
I cannot answer this question as it applies in all jurisdictions, but I can answer it as it applies in Utah, the jurisdiction where I am licensed to practice divorce…
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 THE UTAH COURT OF APPEALS NATHAN DALE SMALL, Appellant, v. TRISHA DAWN SMALL, Appellee. Opinion No. 20230487-CA Filed November 29, 2024 First…
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…
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,…
Once I realized that “negotiating trick” is just a synonym for “manipulation,” at best and “fraud” at worst, I stopped employing such tricks in negotiations. You wouldn’t want to be…
Everyone has seen the movies and shows where a lawyer represents his/her client (in and out of court) like a berzerker. We have heard of the horror stories of innocent…
Do you find yourself involved in a child custody dispute (whether in a divorce case or a parentage/paternity action? If so, has your spouse or your attorney may have proposed…
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…
Your divorce lawyer will tell you about the things you need to do in your case, the documents and other evidence you need to produce, the questions you need to…
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…
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,…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
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