Read more about the article Compelling Reasons for Permitting Litigants and Their Attorneys to Appear Remotely for Court Hearings
Compelling Reasons for Permitting Litigants and Their Attorneys to Appear Remotely for Court Hearings

Compelling Reasons for Permitting Litigants and Their Attorneys to Appear Remotely for Court Hearings

World War II’s silk shortage forced the military to abandon a comfortable default; nylon parachutes—stronger, cheaper, and mass-producible—started as a substitute and became the superior standard. COVID-19 did the same…

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Read more about the article My Spouse is a Criminal, How Can I Avoid His Downfall?
My Spouse is a Criminal, How Can I Avoid His Downfall?

My Spouse is a Criminal, How Can I Avoid His Downfall?

When people discover that his or her husband or wife is committing crimes or has been convicted of crimes, they often panic. One of the first questions we hear in…

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Don’t Let This Happen to You When Drafting a Legal Custody Child Custody Award

If a parent is awarded sole legal custody of a child, does that award not carry with it an implicit obligation to exercise that sole legal custody power in good…

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Can You “Buy” a Quicker Divorce Settlement in Utah?

Will offering your spouse more money guarantee a quick Utah divorce settlement? Sometimes. But it often backfires. Here’s how Utah divorce law treats lopsided settlements, when “buying peace” makes sense,…

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Alcohol Use Monitoring in Custody and Divorce Cases and Which Monitoring Device and Service to Use: BACtrack vs. Soberlink

When alcohol use (or accusations of it) becomes a custody or parent-time issue, courts want two things: reliable measurements and confidence that the right person took the test. BACtrack and…

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Read more about the article What Is the Home Worth in Your Divorce Case?
In Utah divorce cases, an in-person appraisal is the gold standard for home valuation.

What Is the Home Worth in Your Divorce Case?

(Guest post by Broker and Divorce Real Estate Agent Joe Gordon) While popular and easily accessible, automated valuation models (AVMs)—tools like Zillow’s Zestimate, Redfin Estimate, and other algorithm-based home value…

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Why Don’t My Kids Like Me After the Divorce? I’m Not a Bad Person. Not Even Close. I Haven’t Changed. What Could Have Happened?

One of the most painful parts of a divorce can be if children seem to pull away from you. It’s a situation many divorced and separated parents face: after a…

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Guardians ad Litem and Custody Evaluators in Utah: Too Often Biased, Flawed, and Beyond Accountability

In Utah custody disputes, Guardians ad Litem (GALs) and custody evaluators can have enormous influence over the outcome, often so much so that it’s far more than the law actually…

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Should I Tell My Spouse Before I File for Divorce? Or Will That Put Me at a Disadvantage?

Telling your spouse you are considering divorce before filing can either open the door to a cooperative, low-drama split—or give them time to get the jump on you and hurt…

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What Potential Issues and Problems Should I Anticipate and Take Action On Now as a Divorced Parent Whose Minor Children Will Be Going Back to School or Starting at a New School This Fall?

Don’t wait until the first day of school to address custody schedules, school choice, communication with the school, extracurricular costs, or special needs. Review your decree, coordinate with your ex…

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I Want to Propose a Settlement in My Divorce Case. How Do I Know What to Offer?

Are you thinking about offering a settlement in your Utah divorce or child custody case? Here is what you should consider before you make the first move — including how…

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My Lawyer Says That the Things I Think Are Important to My Divorce and Child Custody Case Are not Important (or Not Nearly as Important as I Believe Them to Be). Is My Lawyer Right? How Can I Know? What Do I Do?

Do you wonder whether your divorce lawyer is ignoring what really matters in your divorce or custody case? With this post you will learn why your concerns may be legally…

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My Spouse is Disparaging Me Publicly and/or to Our Children—What Can I Do? What Should I Do?

Divorce or custody litigation often brings out the worst in people. Some spouses can't resist the urge to play the victim or the hero in every story they tell, especially…

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Can I Stop My Spouse from Bad Mouthing Me During Our Divorce? By Braxton Mounteer, Legal Assistant

It’s not uncommon during a divorce for one spouse to claim that the other is disparaging them—online, in conversations with mutual friends, or even in front of their children. We…

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Should You Have Your Spouse or Co-Parent Subject to a Psychological Evaluation in Your Divorce and Child Custody Dispute?

I. Introduction A psychological evaluation in a custody or divorce case sounds powerful. You may believe (or even know) your spouse to be manipulative, unstable, or even dangerous. So why…

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Your Spouse May Not Be a Narcissist; He or She May Just Not Get Along with You

By Braxton Mounteer, Legal Assistant One of the most common accusations we hear in divorce cases today is: “My spouse is a narcissist.” It's become the go-to label for bad behavior,…

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Family Lawyers: Why Aren’t More of You Moving the Court to Interview Children Instead of Automatically Requesting PGALs or Custody Evaluators?

Most cases don't need a PGAL or evaluator appointment. Why are court interviews often the better choice?: Quality of evidence: Direct court interviews create objective, recorded testimony rather than subjective, unverifiable,…

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The Overrated Book, The Understated Truth: Atomic Habits and the Indispensable Role of Quantity in “Quality” Parent-time

People rave about Atomic Habits by James Clear. I do not. It’s not a bad book, but not life-changing, at least not for me. Maybe it didn’t move me much…

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Ream v. Ream – 2025 UT App 105 – What Does and Does Not Constitute Civil Stalking Injunction Violation

2025 UT App 105 THE UTAH COURT OF APPEALS DEBRA JEAN REAM, Appellant, v. JACOB M. REAM, Appellee. Opinion No. 20230799-CA Filed July 10, 2025 Fourth District Court, Provo Department…

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I Can’t Believe I’m Giving This Advice, but I Am: Why Every Divorced Parent Should Consider Background Checks on New Partners Who Are or Who Will Be Around Their Kids

If you're divorced and you are, or your ex is, introducing a new boyfriend, girlfriend, or spouse into your minor children’s lives, you should seriously consider running a background check…

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What Are the Biggest Challenges Men Face During Divorce, and Why Do Some Believe the System Is Unfair to Them?

It is not a matter of beliefs that men are generally (not in every single case, but generally) treated unfairly in divorce. It is a fact. This is why many…

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Can Your Spouse Legally Take Half of Everything That Is Yours if You Get Divorced?

It depends on what you mean by “yours,” by what you mean by “mine”. First you need to understand that there are two kinds of property in a divorce situation:…

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Is Divorce a Battle of Attrition?

‘Can be. ‘Often is, but is not necessarily a war of attrition in all situations. Some divorce cases come to an end not because the court ruled on and resolved…

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How Do Fathers Fight for Child Custody?

Do you mean to ask, How do deserving fathers fight: for sole child custody? for joint child custody? for equal child custody? Or do you mean to ask: “How do fathers ‘win’ their…

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My Lawyer Says I Have a Weak Case. I Don’t Believe That. What Should I Do? By Braxton Mounteer, Legal Assistant

If you are considering filing for divorce—or if your spouse has already filed—you’ve probably consulted with a divorce lawyer (or should). You likely have your own views (and blind spots)…

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Taylor v. Taylor – 2025 UT App 94 – postnuptial agreement and alimony

Taylor v. Taylor - 2025 UT App 94 THE UTAH COURT OF APPEALS JACQUELINE KEMPTON TAYLOR, Appellant, v. MARK BENNETT TAYLOR, Appellee. Opinion No. 20230868-CA Filed June 26, 2025 Third…

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How to Handle Child Custody When the Mother Is Negatively Influencing the Child?

Although they shouldn't do it, courts will generally treat mothers and fathers differently simply based upon sex. Sexual discrimination, to put it bluntly. Not all courts do this, but many…

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How Do I Manage My divorce Case While I work Full-time? By Braxton Mounteer, Legal Assistant.

One of the most asked questions about divorce (and biggest source of friction between divorce lawyers and their clients) is how you manage your divorce case while working a full-time…

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What Evidence Should You Request During the Discovery Process in Your Utah Divorce?

Divorce has many components, one of which often includes litigating in court. Ensuring a fair outcome in your divorce case requires more than just going to court and arguing. One…

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Do You Live in Salt Lake, Summit, or Tooele County and Are Being Denied Parent-time by a Non-compliant Co-parent?

Well, then, I have good news and bad news. Good news: you can file a motion with the court to seek relief. Bad news: prepare to wait a while before…

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How to Handle Child Custody When the Mother Is Negatively Influencing the Child?

Do you want the truth? Or, more accurately, the truth as I see it, having practiced divorce and family law for the past 28 years as of the date I…

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Equal Physical Custody – Give It a Chance . . . a Fair Chance

Equal physical custody should be awarded far, far more often than it is currently in Utah. There are so many situations in which we have two loving, fit parents who…

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If the Other Parent Is Withholding Parent-Time, Can I Bypass Having to Deal With Him/Her and Pick Up Our Child After School Instead?

If the other parent of your child is withholding court-ordered visitation (often now called “parent-time”) with the child from you, can you solve this problem by circumventing/bypassing having to pick…

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How Common Are Cases Where Divorce Proceedings Take a Dramatic Turn Because of Unexpected Evidence, Like in Court Dramas?

In my 28 years’ experience, it’s not common. Indeed, if divorce cases took dramatic turns routinely, they couldn’t be considered dramatic turns. That stated, very true a skilled divorce lawyer…

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Is It Possible to Divorce With Dignity?

Divorce is rarely an easy process. Even in fairly amicable situations, emotions can run high and the temptation to engage in dirty tricks can be strong. However, it is possible—and…

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Is What a Divorce Attorney Charges a Reliable Indicator (Among Others) of His Skill?

What an attorney bills is not a very reliable indicator of skill or of quality representation. Don’t be surprised if the better attorneys charge more generally than the worse ones,…

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Do I Receive Alimony if I’m the One to File for Divorce?

I cannot speak as to what the law is on all jurisdictions, but I can answer this question based upon the law of the jurisdiction where I practice divorce and…

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Dividing Retirement Assets in a Utah Divorce

In a Utah divorce, retirement assets are often among the most valuable marital assets to divide. Retirement accounts such as 401(k)s, IRAs, pensions, and government or union retirement plans are…

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Is It Advisable to Wait Until the Divorce Is Finalized Before Dating? Does This Still Apply if There Are No Children or Assets Involved in the Divorce?

Yes, it is advisable. You can’t go wrong by waiting to start dating until after your decree of divorce is issued by the court. Personally, I consider it immoral to…

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Can My Spouse Keep My Property After I Have Been Removed or Moved Out of the Marital Home? By Braxton Mounteer

This is a common and important question that arises in a divorce. If you are out of the marital home—whether by court order (such as a protective order) or voluntarily—and…

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Do Kids Like 50/50 Custody Schedules?

Some do, some don't. Generally, however, when both parents live in the same neighborhood, so that their children are able to get to school, interact with the same friends, attend…

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What to Bring to a Consultation with a Divorce Lawyer

Preparing for a consultation with a divorce lawyer is an important step in understanding your rights and options. To make the most of your meeting, consider bringing the following: Provide…

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Beverlin v. Beverlin – 2025 UT App 72 – appeal, alimony, attorney fees

Beverlin v. Beverlin - 2025 UT App 72 THE UTAH COURT OF APPEALS STEVEN K. BEVERLIN, Appellee, v. GAIL W. BEVERLIN, Appellant. Opinion No. 20230597-CA Filed May 22, 2025 Second…

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Should You Depose Your Spouse During Your Divorce Case? By Braxton Mounteer, Legal Assistant

One of the best evidence-gathering tools that a divorce litigant has at his/her disposal is a deposition. What is a deposition?  To answer that question, you first need to understand that a…

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What Do Children Whose Parents Were Awarded Equal Physical Custody (50/50) of Them Think of Such a Schedule?

Children's perspectives on shared custody arrangements (equal physical custody being one such arrangement) are complex and nuanced, seeing both benefits and challenges to them. Here is what children typically report about…

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Miner v. Miner – 2025 UT App 64 – modifying alimony, attorney’s fees

Miner v. Miner - 2025 UT App 64 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, v. JOHN E. MINER, Appellant. Opinion No. 20230278-CA Filed May 8, 2025 Fifth…

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Can a Utah Attorney Take a Divorce Case on a Contingency Fee Basis? If Not, Why Not?

Divorce lawyers generally can't take cases on a contingency fee basis due to ethical rules and practical considerations: Express ethical prohibitions. Utah’s rules of professional conduct explicitly prohibit contingency fees in…

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What Are Some Types of 50-50 Custody? Can One Parent Be the Custodial Parent in 50- 50 Custody With the Same Equal Time?

Great question (and follow up questions). What are some types of 50-50 custody? No matter what you call it (whether “50–50” or “50/50″), the meaning is the same: the children…

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Protecting Yourself From a Spouse Who Has No Regard for Ethics, the Law, or Morality. By Braxton Mounteer

A fair and equitable divorce is the best that any decent person who goes through the divorce process can honestly hope for. If you know you that you will be dealing…

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Divorce Listings & Property Condition: Why It Matters More Than Ever

As you know, we’re operating in a drastically different real estate market than we were even a year ago — and it’s impacting divorcing homeowners in unique and challenging ways.…

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