No Remedy Without a Wrong: Why Family Courts Must Stop Rewarding Fabricated Grievances
There is a basic principle at the heart of equity: where there is a legal wrong, there should be a remedy. But the inverse matters just as much: where there…
Co-Parenting Apps: Useful Tool or Expensive Solution in Search of a Problem?
Parenting apps are now everywhere in modern child custody disputes. Lawyers recommend them. Parenting coordinators recommend them. Guardians ad litem recommend them. Courts sometimes order them. And the companies behind…
When Joint Legal Custody Parents Disagree About an IEP in Utah
Some of the strongest child custody disputes are no longer fought primarily through parent-time schedules, exchange disputes, or even direct allegations of abuse. Increasingly, they are fought through institutions. Schools.…
Divorce Mediation Wastes Time, Money, and Effort. There Is an Obvious Better Way.
The way divorce mediation is conducted in Utah is wildly overrated, yet that fact is one of the best kept secrets in the family law legal profession. To be clear,…
Divorce Litigants Need (and Deserve) Basic Courtroom Education Before Evidentiary Hearings and Trial
Utah law already recognizes that divorce is a life-altering event. Under Utah Code § 81-4-105, parents must attend an orientation course because the state knows this process is emotionally volatile and…
Do You Actually Need a Vocational Evaluator? How to Prove Earning Capacity in Utah Divorce Cases
In many Utah divorce, alimony, and child support cases, you may not need to spend thousands of dollars on a vocational evaluator to prove earning capacity. Courts determined whether people…
The “Custom-Tailored” Holiday Schedule vs. Utah’s Statutory Plan
One of the most common mistakes parents make in Utah child custody disputes is assuming that a “custom-tailored” holiday schedule must automatically be better than Utah’s standard statutory holiday parent-time…
The “Delete” Trap: Why Wiping Your Hard Drive During a Divorce Can Blow Up Your Case
Deleting digital evidence during a Utah divorce can trigger sanctions, contempt findings, attorney fee awards, and devastating credibility problems. Learn how Utah courts treat destroyed evidence under URCP 26, 26.1,…
Parens Patriae: Why the Court Gets Involved in Your Family
If you’re dealing with a divorce or a child custody dispute, there’s something you need to understand early: This is not just your case. That’s not rhetoric. It’s how the…
The Third Way: A Strategic Exit from the Divorce Court/Mediation Loop
Divorce cases spiral and stagnate because the system allows for posturing and delay without consequence. The courts are overwhelmed and apathetic. Mediation, as typically structured, does not require resolution. Without…
When No Good Deed Goes Unpunished in Divorce
Good behavior in a marriage is often the wrong behavior in a divorce action (and vice versa) Divorce changes the rules midstream. That is the part most people don’t see…
NFTs in Divorce: How Courts Value (and Misvalue) Volatile Digital Assets
When a $100,000 asset can become $1,000 before trial, valuation timing—not ownership—is the real fight. If you’re holding NFTs and heading into a divorce, understand this: the court does not…
Emergency Contacts: A List of Local Resources for Families in Crisis (Utah Family Law Guide)
Family law emergencies do not follow business hours. What you do—or fail to do—in the first moments of a crisis often dictates your success in court months later. CRITICAL: If you…
Why Mediation Often Fails (Even When Both People Want to Settle)
Mediation is supposed to be where divorce cases get resolved. And to be fair, a lot of them do. But a surprising number don’t. Not because one or both people…
Parenting Apps: A (Paid) Solution Looking for a Problem
Everyone in family law has heard the pitch: download a parenting app, pay a monthly fee, and suddenly your co-parenting problems become organized, documented, and “court-ready.” It sounds responsible. It…
Digital Housekeeping Before Divorce in Utah: Why You Must Change Your Passwords First
Before you file for divorce, your spouse may already have access to more of your life than you realize; your emails, financial accounts, personal documents, and even your private communications…
What Actually Happens When You File for Divorce in Utah (And Why It Takes So Long)
When most people think about divorce, many may picture a courtroom, a judge, and a decision. But this process is a long, costly, and discouraging one. A typical contested divorce or…
Get to the Point
There’s a simple way to reduce confusion and wasted time: answer the question that was asked—first, directly, and without detours. In law, this matters more than most people realize. When…
The “Easy Way Out” That Can Cost You Your Kids in Utah: Why Pleas in Abeyance in DV Cases and Innocence Don’t Mix
You’re sitting there with a domestic violence (DV) criminal charge hanging over your head. And you’re innocent. Yet you’re scared. You're distressed. You’re tired. You want it over. Then comes the…
Second Marriages and First Impressions: The Stories About an Ex—and the Mistakes People Make by Believing Them
The most dangerous stories in a second marriage are often the ones only one person can verify. Everyone has a past. Everyone has an explanation for why a prior relationship…
Can You Win Child Custody If Someone Else Is Raising Your Kids During the Week?
This question is more common than you might think. Some may be in this situation: “I want custody for stability.” “I need custody because it affects support.” “I’m the better…
Deepfakes in Utah Divorce and Child Custody Disputes: Not If But When
A few years ago, the concern was fake law; lawyers citing to AI-generated cases that didn’t exist. That already happened in Utah. See Garner v. Kadince. The next concern is worse:…
Pretrial Disclosures Matter in Utah Divorce Cases: Lessons from Prisbrey v. Prisbrey
There’s been (note the past tense) an assumption that creeps into a lot of divorce cases: If the evidence is important enough, the court will let it in. But in Prisbey v.…
Why Most Divorce Case Settlement Offers Fail: They Ask for Too Much
Most people think settlement is where they finally get to ask for everything they want. It’s not. Settlement—especially in child custody disputes—is where you ask for what you could realistically…
Control Your Communications, Protect Your Case: Choosing Your Inner Circle in Utah Family Law
When you are involved in a divorce, custody dispute, or protective order court case, the desire to talk about it can be strong. You may want advice, validation, or simply…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
“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…
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…
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…
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…
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…
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,…
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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