Military Divorce in Utah: Will You Lose Your TRICARE Coverage?

In Utah military divorces, TRICARE eligibility is governed by the rigid federal "20/20/20 rule," not state court discretion. This post breaks down the strict requirements for lifetime medical benefits, the…

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Exposing the “Child Whisperer” Myth in Utah Custody and Parent-time

In Utah child custody and parent-time disputes, courts routinely defer to a familiar class of professionals: private guardians ad litem (PGALs) and custody evaluators. These professionals are held up as…

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The Child Still Testifies—Just “Off the Record”?

I. The System’s Logic When courts appoint custody evaluators and/or private guardians ad litem (PLALs), the justification is usually straightforward: The judge does not want children to testify.So instead, the…

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The Thing One Rarely Says Out Loud When Divorce Starts

When divorce or a child custody dispute begins, most people think they know what they’re fighting for. The house. The retirement account. The business. Parent-time. Child support. Alimony. Those are…

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The First Meeting with Your Utah Divorce or Child Custody Attorney

After you’ve hired your attorney, the first meeting between attorney and client—whether in person or by video—is about orientation, risk assessment, and planning. Most people come in overwhelmed and discouraged…

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VA Disability Pay vs. Alimony: Why Your “Tax-Free” Income Still Counts

Veterans often believe their VA disability pay is “untouchable” in divorce. Not exactly. While it cannot be divided as property, courts routinely treat it as income for alimony. Learn how…

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The Obvious Variable No One Addresses: How Gender Distorts Protective Order Decisions – Part II of II

Protective orders are among the most powerful and disruptive tools Utah courts wield—all on an expedited timeline and often on a limited record. The law governing these orders is clearly…

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The Power of the Prepared Client: Why Readiness Is Your Best Legal Strategy

Divorce is a legal process with emotional consequences—but the court does not care how you feel about your case. It cares about what you can prove, and how persuasively. In…

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Part III – Transparency, Deference, and Institutional Design

Legal systems evolve. Practices that function adequately become routine. Routine hardens into assumption. Over time, assumption begins to resemble necessity. Unrecorded child interviews in custody and parent-time cases appear to…

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Part II – Fidelity, Filtering, and the Loss of Context

In most areas of litigation, original testimony is preserved. Depositions are recorded. Hearings are transcribed. Statements given in investigative settings are documented. Context is retained because meaning does not reside…

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The Lack of a Record of Child Interviews in Child Custody Disputes

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…

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Planning “For” Divorce Looks Like Planning “On” Divorce, and Why That Matters

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…

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The “Tooling Up Phase” of Divorce: Why Gathering Your Financial Documents Early Can Save You Thousands of Dollars and Spare You Months of Delay

When people begin thinking about divorce, most want to get it over with quickly. Keep the suffering to a minimum. They want to file immediately, schedule hearings, and get the…

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USFSPA Decoded: Dividing Military Retirement Benefits in a Utah Court

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…

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What I Have to Remind Myself of with a New Divorce Client

When divorce or a child custody dispute begins, most people think they know what they’re fighting for. The house. The retirement account. The business. Parent-time. Child support. Alimony. Those are real issues. They matter. They need…

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The Hill AFB Factor: How Active Duty Status Changes a Utah Divorce

If you are stationed at Hill Air Force Base and facing divorce, do not assume your case is “standard.” It isn’t. Military status layers federal law on top of Utah…

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Perception Isn’t Everything in Divorce Court, But It Often Decides the Close Calls

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…

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Who Is in Charge of a Lawsuit: the Client or the Lawyer?

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,…

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“Not Offered for the Truth of the Matter Asserted”: Meaning, Limits, and Misuse

In court, neither a party nor one of that party’s witnesses can simply claim to repeat what someone else said and expect the judge to treat it as proof. As…

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Navigating the GAL or PGAL Interview: A Survival Guide

In child custody disputes, the judge acts as the final arbiter, but they rarely get to see the daily reality of a child's life. This is where appointing an attorney…

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The Language Barrier of Divorce: Decoding Divorce Jargon

Divorce is hard enough on its own. Add in legal paperwork packed with unfamiliar terms, and it can feel like you’re suddenly expected to speak a completely new language. For…

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When Can Things Be Submitted to the Court?

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…

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Home Equity Red Flags Every Divorce Attorney (and Client) Should Catch Early

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…

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Even the Best Divorce Lawyer Can’t Turn a Weak Case Into a Strong One

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,…

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A Better Approach to Utah Divorce and Child Custody Litigation

If Utah’s domestic-relations legal system is serious about accuracy, fairness, and reducing unnecessary conflict, then the system needs processes that beneficially affect how cases are litigated and how evidence is…

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Utah Law Does Not Bar Children From Testifying—Even When a PGAL Is Appointed

Utah law allows a child to be represented by an attorney—either a guardian ad litem (GAL) when there are allegations of child abuse, or by a private guardian ad litem…

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How to Protect Your Child From Being Manipulated Into Making False Accusations During a Custody Dispute

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…

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Can the Amount of Child Support or Alimony Be Lowered or Eliminated if Your Ex Gets Remarried? In a Utah Divorce Case, Maybe.

People often assume that once their ex remarries, financial obligations from the divorce automatically shrink or disappear. It’s not that simple. In short: when it comes to the effects on child…

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Is a Brief but Past History of Abuse or Substance Abuse the End of Your Chances for Joint Child Custody in Utah?

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:…

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Proof, Notice, and Verification Under Utah Law in the Context of Minor Child Expenses: A Practical Guide for Proving Child Health Insurance, Medical Expenses, and Child Care Costs

Utah’s child support statutes—now consolidated under Title 81, Chapter 6 of the Utah Code use the term “verification” repeatedly when describing a parent’s duties to provide proof of child health insurance coverage and…

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Why Don’t My Kids Like Me After the Divorce (It May Be Your Fault)

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…

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A Shield, Not a Gag: Utah’s PGAL Statute Authorizes Representation, Not Substitution

When Utah courts face high-conflict custody disputes, one common suggestion is to appoint what is known as a Private Guardian ad Litem (PGAL)—an attorney ostensibly tasked with “representing the best interests of…

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You Must Follow Court Rules, and You Cannot Be a Law Unto Yourself

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…

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If Nobody Agrees That Your Spouse Is the Villain, It May Be You

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.…

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How to Protect Yourself from False Abuse Accusations During Custody Exchanges and Other Interactions

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…

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Utah Courts Don’t Appoint Lawyers in Divorce Cases. Here Is What That Really Means.

In Utah, you don’t get a court-appointed lawyer for a divorce case because a divorce case is a civil, not a criminal, matter. That means even if your divorce case affects your…

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Stephenson v. Stephenson – 2025 UT App 149 – marital expenses

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…

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How to Reopen Discovery for Good Cause in Utah Family Law Cases

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…

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What Counts as “New Evidence” After Discovery Closes in a Utah Divorce Case?

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…

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When Discovery Closes, It’s Really Closed: What That Means in Utah Family Law Cases

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…

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Why a Good Lawyer Often Asks You Questions Before He Answers Yours

People rarely ask plainly the tough questions they actually need answered. In divorce and custody cases, clients often ask surface questions (“How much will this cost?” “Can I get full…

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The False Economy of the Cheap Divorce Lawyer

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…

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Pushing Back Against Judicial Micromanagement: Divorce Courts Need to Enforce Law, Not Parent the Parents

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…

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My Spouse Has Disappeared During the Divorce Process, How Can I Find Him/Her?

In Utah, you can still get divorced if your spouse disappears, but only after proving you made a diligent search and using court-approved alternative service of process methods. Missing spouse…

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Don’t Count on Do-Overs: Meet Your Court Deadlines or Lose Your Rights

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…

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How Social Media and Digital Communication Have Changed Divorce Evidence

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…

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Is the Term “Neurodivergent” Being Bandied About in Family Law Circles as a Way of Manipulating the Courts?

Yes. The term “neurodivergent” is increasingly being used in family law not only as a genuine descriptive category but also as a rhetorical and strategic tool. Here’s how it’s being manipulated: As…

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Divorce Without the Drama: 12 Practical Preparation Steps Anyone Can Take Now

Divorce is a legal process, yes, but it’s also financial, practical, and personal. The smartest moves you can make in divorce are those you make before you file that petition…

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What Advice Would You Give to Someone Who Is Contemplating Divorce?

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…

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Why Are Divorce Cases Often Delayed?

After 28 years of divorce practice (as of the date this post is shared), I've watched countless cases that could have and should resolve in months drag on for a…

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