Oldroyd v. Oldroyd – 2022 UT App 145 – Premarital Property

2022 UT App 145 THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20210073-CA Filed December 22, 2022 Second District Court, Morgan Department…

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What advice would you give to someone who has just started a divorce?

What advice would you give to someone who has just become one of the parties in a divorce proceeding? #1. Know this: divorce law and the divorce process are almost…

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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…

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How does employment effect finances in divorce?

Are Couples in which the husband didn’t have a full-time job had a chance of divorcing the following year, compared to couples in which the husband did have a full-time…

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Child refuses to exercise shared custody with the stricter parent

Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I'm a stricter parent unlike my…

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Has anyone ever been able to prove narcissistic abuse in divorce court?

Yes, it happens quite frequently.*   What people don’t understand is that finding a spouse is a jerk usually doesn’t amount to much in the divorce action.   Most people believe—falsely—that if…

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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…

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Fox v. Fox 2022 UT App 88 – alimony

Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District…

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How do I get a quick, cheap divorce?

Easiest way up front, but usually most foolish, most financially and psychologically expensive in the long term: give your spouse whatever he she wants/demands (while it is possible for your…

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Nix v. Nix – 2022 UT App 83- insufficient evidence of adultery

2022 UT App 83 THE UTAH COURT OF APPEALS JILL NIX, Appellee, v. ROLAND COMPTON NIX JR., Appellant. Opinion No. 20200691-CA Filed June 30, 2022 Fourth District Court, Provo Department…

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How do I stop being afraid of divorcing?

How do I stop being afraid of divorcing? I’m so scared. I’ve been a stay-at-home mother for 18 years. I have health issues. I don’t know if I can provide…

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Beckham v. Beckham, 2022 UT App 65

2022 UT App 65 THE UTAH COURT OF APPEALS VICKI BECKHAM, Appellee, v. RANDALL BECKHAM, Appellant. Opinion No. 20200935-CA Filed May 19, 2022 Third District Court, Salt Lake Department The…

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Horne v. Horne – 2022 UT App 54 – 60(b) motion to set aside

2022 UT App 54 THE UTAH COURT OF APPEALS REBECCA A. HORNE, Appellee, v. TODD D. HORNE, Appellant. Opinion No. 20200845-CA Filed April 28, 2022 Third District Court, Salt Lake…

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How can I help my stepdaughter get away from an abusive mother?

How can I help my 12-year-old step daughter get away from an emotionally abusive mother?  Tell the child’s father (your husband) about the trouble and have him handle it. It’s…

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Twitchell v. Twitchell – 2022 UT App 49 – child custody and support

Twitchell v. Twitchell - 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…

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Corona-Leyva v. Hartman – 2022 UT App 45 – civil stalking injunction

Corona-Leyva v. Hartman - 2022 UT App 45 THE UTAH COURT OF APPEALS  SERGIO CORONA-LEYVA,   Appellee,   JESUS HARTMAN,   Appellant.  Opinion  No. 20200948-CA  Filed April 7, 2022  Fourth District Court, Provo…

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Widdison v. Widdison – 2022 UT App 46 – custody modification

Widdison v. Widdison - 2022 UT App 46   THE UTAH COURT OF APPEALS  NICOLE WIDDISON, Appellant,  LEON BRYANT WIDDISON,  Appellee.  Opinion  No. 20200484-CA  Filed April 7, 2022  Third District…

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Knowles v. Knowles – UT App 47

Knowles v. Knowles - UT App 47  THE UTAH COURT OF APPEALS  DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee.  Opinion  No. 20200032  Filed April 7, 2022  Second District…

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Why do spurned spouses often refuse to cooperate in their own divorce proceedings?

Why do spurned spouses often refuse to participate in certain aspects of their own divorce proceedings despite the headache it creates for all parties involved? Spurned spouses sometimes refuse to…

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What advice would you give to someone whose divorce is going to court?

What advice would you give to someone who has just become one of the parties in a divorce proceeding?  #1. Know this: divorce law and the divorce process are almost…

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Erickson v. Erickson – 2022 UT App 27

THE UTAH COURT OF APPEALS DEAN ERICKSON, Appellee, v. JANICE ERICKSON, Appellant. Opinion No. 20200193-CA Filed March 3, 2022 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy…

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Hillam v. Hillam – 2022 UT App 24 – final and appealable ruling, rule 54(b)

2022 UT App 24 THE UTAH COURT OF APPEALS JOHN DINSDALE HILLAM, Petitioner, v. TARA HILLAM, Respondent and Appellant, v. DUSTIN HANCOCK AS INVESTMENT TRUSTEE, Respondent and Appellee. Opinion No.…

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What is the best DIY book about divorce in the U.S.?

There isn’t one. There can’t be. I’ll explain why and what you can and should do if you want to go the DIY divorce by the book route.  The main…

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2022 UT App 15 – Miller v. DaSilva – protective order objections

2022 UT App 15 - Miller v. DaSilva http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Miller v. Dasilva20220203_20200719_15.pdf THE UTAH COURT OF APPEALS LISA M. MILLER, Appellant, v. AMY ELIZABETH DASILVA, Appellee. Opinion No. 20200719-CA Filed February…

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Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors

Hinds v Hinds-Holm - 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court,…

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Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate

2022 UT App 5  THE UTAH COURT OF APPEALS  CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee.  Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022  Third District Court, Salt…

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Sanders v. Sanders – 2021 UT App 122

2021 UT App 122  THE UTAH COURT OF APPEALS  KRISTINE L. SANDERS, Appellee,  v. TRAVIS JAMES SANDERS, Appellant.  Opinion  No. 20200618-CA  Filed November 12, 2021  Third District Court, Salt Lake Department  The Honorable Todd M. Shaughnessy …

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Johansen v. Johansen – 2021 UT App 130 – compliance with court rules

2021 UT App 130  THE UTAH COURT OF APPEALS  COLTEN JOHANSEN,  Appellee,  KATHY JOHANSEN,  Appellant.  Opinion  No. 20200234-CA  Filed November 26, 2021  Second District Court, Ogden Department  The Honorable Joseph…

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Fischer v. Fischer – 2021 UT App 145 – marital vs. separate property

THE UTAH COURT OF APPEALS  GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee.  Opinion  No. 20200557-CA  Filed December 30, 2021  Seventh District Court, Moab Department  The Honorable Don Torgerson …

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Christmas/Winter Break for Parents Under the Utah Code

Christmas/Winter Break for Parents Under Utah Code § 30-3-35 or (§ 30-3-35.5 for a child 18 months and older) If your Christmas/Winter break starts December 17, 2021 and ends January…

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Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures

Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures By Quinton Lister, legal assistant My minimal exposure to the legal profession as a legal…

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McQuarrie v. McQuarrie – 2021 UT 22 – termination of continuation of alimony

MCQUARRIE v. MCQUARRIE - 2021 UT 22 In the Supreme Court of Utah. Melvin C. MCQUARRIE, Appellant, v. Janette Colledge MCQUARRIE aka Janette Kendall, Appellee. No. 20190902-SC Heard March 5,…

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What is one thing you wish you would have added in your divorce parenting plan?

Here are some provisions that I have seen divorce litigants who did not include them in their divorce settlement agreements wish were included:  a “loser pays” clause for 1) when…

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How do I get free legal advice from a family law attorney on the custody of my 2 nieces?

In my experience, free legal advice is worth what you pay for it, but I understand that there are some (even many) who simply cannot afford an attorney (or believe…

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How does the legal system protect the visitation rights of non-custodial parents?

How? Not very well, generally.  But before I elaborate, let’s ask and answer this question first: is the legal system designed to protect the visitation (“visitation” is also known as…

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What are legitimate ways to contradict a witness in the court?

If you are asking whether there are “legitimate” ways to make truthful witness look inaccurate or dishonest (meaning there are ways to do it that won’t get you in trouble),…

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MacFarland v. MacFarland – 2021 UT App 58

021 UT App 58  THE UTAH COURT OF APPEALS  BRUCE RAY MCFARLAND, Appellant and Cross-appellee,  v.  NICOLE S. MCFARLAND, Appellee and Cross-appellant.  Opinion  No. 20190541-CA  Filed June 4, 2021  Second…

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What happens to child support if the parent paying moves out of the country?

Assuming that you are asking whether a parent who is, in the course of a United States divorce or child custody proceeding, ordered to pay child support, moving out of…

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Do you think it’s fair that Brad Pitt got joint custody of his kids? 

Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does…

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Nakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees

Nakkina v. Mahanthi - 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District…

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Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question.   Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court…

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Ward v. McGarry – 2021 UT App 51

Ward v. McGarry - 2021 UT App 51  NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.   …

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When flawed thinking is tragic thinking (thank goodness)

I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.”  I am as grateful for such comments as I am disheartened by them. Grateful…

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Do you agree with Brad Pitt winning joint custody of his children with Angelina Jolie?

I normally don’t comment on popular culture matters dealing with divorce, but for this question I will make an exception.  I have no idea what kind of parents Angelina Jolie…

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Can there be a prenup that will protect the salary you earn during the marriage?

In the context of alimony, no ( at least not in the jurisdiction where I practice divorce and family law, which is Utah). A prenuptial agreement provision that purports to…

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Am I held to what I said first as a witness, even if I immediately corrected my mistake once I realized it?

It is not merely a question of how quickly the witness corrects his or her answer. Sometimes a lawyer will ask a witness for precise details simply not because those…

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Can I file for divorce and spousal support after being separated from my husband for 5 years?

This is an interesting question because if you have been financially independent of your spouse during your five year separation that implies that you don't need financial support from your…

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