What Should I Do if My Divorce Is Not Getting Solved Quickly?
This is a great question. Go find a good (a good, not just any) retired divorce attorney (a divorce attorney, not some other kind of attorney who has no idea…
What Do We Do When Equal (50/50) Physical Custody Is Awarded but One Parent Isn’t Bearing the Responsibilities Equal Custody Requires of That Parent?
Recently a Quora.com reader commented on my answer to this question: Is there a primary parent in joint custody in Utah which is also known as “equal” or “50/50” custody? They…
Elder v. Elder – 2024 UT App 68 – enforcement vs. modification
Elder v. Elder - 2024 UT App 68 THE UTAH COURT OF APPEALS BRITTANY LEE ELDER, Appellee, v. MATT BLAKE ELDER, Appellant. Opinion No. 20210902-CA Filed May 9, 2024 Second…
Should You Stay Friends with Your Former Spouse? By Braxton Mounteer
Whether you should be or try to be friends with your spouse after a divorce is a tough question to answer. Many divorced people continue to care about each other…
Is There Anything I Can Do for Winning Custody After the Gal Report Is Favoring My Ex? Is Paying More to My Attorneys Worth It or No?
After you ask, “Is there anything I can do for winning custody after the GAL report is favoring my ex? Is paying more to my attorneys worth it or no?,”…
My Wife Is Divorcing Me Because I Am Not Rich Enough. She Said It Will Take Me Years to Make Her Feel Financially Secure. I Was There for Her When She Had Mental Breakdowns. What Should I Do?
If your wife really is divorcing you, and not merely threatening to divorce you, because 1) you are not rich enough to suit her, and 2) you are not a…
2024 UT App 54 – Tilleman v. Tilleman – custody factors, income, fees
2024 UT App 54 - Tilleman v. Tilleman THE UTAH COURT OF APPEALS MICHAEL ROBERT TILLEMAN, Appellant, v. MICHAL CHRISTINE TILLEMAN, Appellee. Opinion No. 20210637-CA Filed April 11, 2024 Fourth…
2024 UT App 51 – Bailey v. Bailey – evidence, sanctions
2024 UT App 51 - Bailey v. Bailey THE UTAH COURT OF APPEALS AMY L. BAILEY, Appellee, v. DANNY RAY BAILEY, Appellant. Opinion No. 20220534-CA Filed April 11, 2024 Second…
Why Your Witness May Not Be As Good As You Think By Braxton Mounteer
I recently went to trial with my boss for a divorce case. One of the things that stuck out to me was that quite often the witnesses people call in…
You Reap What You Sow.
I’m Braxton Mounteer, a legal assistant. I've written and talked about this problem before, but it's a recurring problem and a serious one. It's hard enough to muster the courage…
Rejecting Fact for Faith: the Inexplicable and Inexcusable Silencing of the PGAL’s Child Client
When a PGAL (private guardian ad litem) is appointed to represent children in a child custody dispute in a Utah divorce case, it would sure be good to know what…
McFarland v. McFarland – 2024 UT App 31 – attorney’s fees awards
McFarland v. McFarland - 2024 UT App 31 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellee, v. NICOLE S. MCFARLAND, Appellant. Opinion No. 20221044-CA, Filed March 14, 2024 Second District…
Have You Heard That Fathers Defeat Mothers’ Claims of DV and Child Abuse by Claiming Parental Alienation?
We all know the aphorism, "If it looks/sounds to good to be true, it probably is [not true]." This also means, however, that if it looks/sounds too 𝙗𝙖𝙙 to be true, it…
Why Get it Straight From the Horse’s Mouth When You Can Get a Truncated Version, Second-Hand?
When a custody evaluator and/or private guardian ad litem is/are appointed in a divorce case in which custody and parent-time of the children is disputed, they usually interview the children…
What Assumptions Can You Make About Someone Who Has Been Divorced Twice?
You can assume whatever you want about anyone or anything, but that does not mean your assumptions are accurate. And there is this from Merriam-Webster: “Although presume and assume both…
I Am Going through a Custody Battle and the Other Parent Is Making False Statements About Me in Court. What Can I Do to Protect Myself and My Child?
If you want just my direct answer to this question, skip to the last paragraph, but I submit that you’ll have a much better understanding of the answer if you…
2024 UT App 28 – Smith v. Smith
2024 UT App 28 - Smith v. Smith THE UTAH COURT OF APPEALS JACQUELINE P. SMITH, Appellee, v. DANIEL H. SMITH, Appellant. Opinion No. 20220697-CA Filed March 7, 2024 Third…
Doing What’s Best for Children by Refusing to Hear From Them on the Subject (And Other Nonsense).
Recently an attorney posed a question on a forum for fellow Utah family law attorneys. The question involved how to find out what the children’s experiences have been with one…
Is Court-Ordered Therapy Over-Used? By Braxton Mounteer, legal assistant.
Whether you believe that everyone needs (or could benefit from) therapy or that it is only for the most dysfunctional families, you, like most people, likely agree some therapy has…
Should You Ask for a Psychological Evaluation in Your Divorce Case? By Braxton Mounteer
The point of a psychological evaluation isn’t to establish if someone merely suffers from any mental or emotional disorder or disorders, but to help determine whether such disorders, if they…
Why Hiding Your Money in a Divorce and/or Child Support Court Case Won’t Work (and why people still try) By Braxton Mounteer
When those who will be ordered to divide assets with a spouse and/or pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their…
Why won’t courts test competing custody and parent-time proposals during the pretrial phase of a case?
Do you want to know where the real money is most often made in divorce and family law cases? Child custody and parent-time disputes, hands down. Rarely do the parents…
Is There a Primary Parent in Joint Custody in Utah Which Is Also Known as “Equal” or “50/50” Custody?
Utah, like many states, has struggled with the very concept of equal (“50/50”) custody of children for years. While progress has been made (especially in the past few years), we…
What Must or Should I Do In This Situation?
What do I do If custody order says visitation is from 4 - 8 meeting at police station when there is no school but if there is school that day…
My spouse is threatening to take the children away, but I’ve done nothing wrong. What can I do to protect them and me?
What do you do when your spouse threatens to walk out and take the children even though you have been an equal and contributing partner in the marriage? It is…
Lamb v. Lamb, 2024 UT App 16 – divorce, custody, business, home equity
2024 UT App 16 THE UTAH COURT OF APPEALS JOSEPH EARL LAMB, Appellee, v. SONYA ELIZABETH LAMB, Appellant. Opinion No. 20210787-CA Filed February 8, 2024 Third District Court, Salt Lake…
House Bill 157 (HB0157 (utah.gov)), “Child Custody Factor Amendments”.
This post discusses another proposed family law bill under consideration for the 2024 Utah legislative session, House Bill 157 (HB0157 (utah.gov)), “Child Custody Factor Amendments”. This bill, if passed, would…
Why Hiding or Misrepresenting Your Income in a Divorce and/or Child Support Court Case Won’t Work (and why people still try) By Braxton Mounteer
When those who realize they may be ordered to pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their income in the hope…
Allegations of Child Abuse vs. Allegations of Parental Alienation
Here's a very, very short news report on the subject of when allegations of child abuse are countered with allegations of parental alienation: https://www.youtube.com/watch?v=44hJ8zWRrik I welcome sincere and rational comments…
How do you survive if the narcissist won custody of your kids and you have to accept it?
Hard truths incoming. When dealing with a co-parent who is afflicted with a personality disorder, do these things, and do them all at the same time: 1) Examine your own…
Parenting before, during, and divorce litigation By Braxton Mounteer, Legal Assistant
Divorce is already hard enough on the parties involved, but it is even harder on the children of the recently separated family. I speak as a child of divorce, who…
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…
Holt v. Holt – 2024 UT App 6 – reasonable time rule
Holt v. Holt - 2024 UT App 6 THE UTAH COURT OF APPEALS RHONDA S. HOLT, Appellee, v. CHRISTOPHER JOHN HOLT, Appellant. Opinion No. 20220090-CA Filed January 11, 2024 Third…
Clarke v. Clarke – 2023 UT App 160
2023 UT App 160 THE UTAH COURT OF APPEALS EDWIN M. CLARKE, Appellee, v. ANGOZI R.S. CLARKE, Appellant. Opinion No. 20220067-CA Filed December 29, 2023 Third District Court, Silver Summit…
How To Talk To Your Former Spouse By Braxton Mounteer
Regardless of your feelings towards your ex-spouse, if you have children, you will have to talk or otherwise communicate to your ex (and do so often) about the minor children…
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…
Dirty Tricks to Watch Out for in Divorce
I often encounter sneaky spouses who after separation and/or after a divorce action has been filed, start sending text messages and emails to the other spouse making false claims like:…
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…
How does filing for divorce affect relationships with family members and friends who don’t agree with the decision? Do people tend to choose sides?
How does filing for divorce affect relationships with family members and friends who don't agree with the decision? Poorly, generally. That should come as no surprise. Do people tend to…
2023 UT App 137 – Lobendahn v. Lobendahn – petition to modify custody
2023 UT App 137 - Lobendahn v. Lobendahn THE UTAH COURT OF APPEALS MARCUS JAMES LOBENDAHN, Appellant and Cross-appellee, v. LEEYEN MOEVAI LOBENDAHN, Appellee and Cross-appellant. Opinion No. 20210278-CA…
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…
Client Red Flags By Braxton Mounteer
In my time as a legal assistant in the family law profession, I have observed many different kinds of client behaviors, some better than others. Those behaviors that cause the…
Evidence and Honesty By Braxton Mounteer
You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to…
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…
State v. Fowers – 2023 UT App 128 – violation of protective order
State v. Fowers - 2023 UT App 128 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. THOMAS FOWERS, Appellee. Opinion No. 20220073-CA Filed October 26, 2023 Fourth District Court,…
In re H.M. – 2023 UT App 122 – termination of parental rights
In re H.M. - 2023 UT App 122 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.M. AND D.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. G.B., Appellant, v.…
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…
Clark v. Clark – 2023 UT App 111 – divorce, exhibits, dissipation
Clark v. Clark - 2023 UT App 111 THE UTAH COURT OF APPEALS SUSAN JEANNE CLARK, Appellee, v. RICHARD LEE CLARK, Appellant. Opinion No. 20210713-CA Filed September 28, 2023 Fourth…
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…
