Divorcing homeowners in Utah frequently run into mortgage servicer roadblocks when trying to refinance or have a spouse removed from a loan, even when the divorce decree says so. This blog explains…
In the prior discussion, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, attachments, and lived experience without hearing directly…
In the prior two posts, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, relationships, and lived experience without hearing…
Seth Godin observed that every important medical innovation of the last several centuries—handwashing, antibiotics, acknowledging the dangers of smoking—was initially resisted by the medical establishment. Not because the ideas were…
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…
I. The Founding TraumaIn the Meadow, everyone agreed on one thing: voices were dangerous.It hadn’t always been so. Long ago, animals spoke plainly. Some spoke well, somepoorly, some too much.…
This post is the fourth in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
This post is the third in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
This post is the second in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
This post is the first in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, beginning with the strongest…
When ‘Protecting Children’ Really Means Protecting Adults The Loyalty Conflict: A Convenient Scapegoat for Adult Discomfort The most common objection to a child testifying in a custody or parent-time dispute…
Questioning the Assumed Superiority of Custody Evaluators and Guardians ad Litem A foundational assumption in modern custody practice is rarely stated outright, but it governs nearly everything that follows: that…
Evidence, Record-Making, and the Limits of Testimonial Substitution Courts, lawyers, and commissioners in child custody and parent-time disputes often operate on an unspoken assumption: that the only acceptable way to…
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,…
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…
This is not unusual: a spouse suddenly “doesn’t own anything,” yet somehow pays the taxes, insurance, maintenance, or mortgage on a house that’s titled in Mom’s name. Or money gets…
If you have spent any time searching for information about alimony, you already know the truth: most people hate the idea of paying it, most people love the idea of…
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…
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…
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…
Utah courts are tasked with making custody and parent-time decisions based on the best interest of the child. But you cannot know what schedule truly serves a child’s best interest if…
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…
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…
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…
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…
I apologize in advance; I cannot limit myself to just one answer, but I will start off with the “top” idea and then share others. Courts could make custody disputes…
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…
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…
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…
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,…
A single mistake shouldn't cost a parent his or her relationship with his/her child. Yet too often, family courts award sole custody based on isolated incidents or "aberrant behavior" that…
If you get divorced in Utah, you may be surprised to learn that you are required—unless you are excused for good cause—to attend at least one session of mediation before…
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:…
‘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…
Subject: Please Fund Courtroom Live Streaming I’m writing to ask that you support the $450,000 one-time funding request to enable live streaming of district court proceedings statewide. Live streaming public court…
See Pusey v. Pusey, 728 P.2d 119-121 (Utah 1986): Opinion DURHAM, Justice: Plaintiff cross-appeals from that portion of the divorce decree awarding custody of the older son of the marriage to defendant…
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…
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…
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…
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…
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…
In many types of civil litigation, the core issue is not whether time is of the essence, but whether one will eventually recover compensation, and if so, how much. Yes,…
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…
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…
Will ORS automatically adjust the child support withheld from my paycheck when my child support obligation changes? The short answer to this question is no. ORS will not automatically review…
In theory, collaborative divorce sounds ideal. What is "collaborative divorce"? The two spouses discuss together with their lawyers, mental health professional, financial specialist, and sometimes a child psychologist or development specialist…
Contrary to popular belief, Utah law does not, as of the time I write this post (April 2025), presume that the physical child custody award will be equal (50/50). Utah law presumes that legal child…
Conflicting Advice Divorce is many people’s first and only experience with serious civil litigation. Many divorce clients can’t believe how different (and how much more disappointing) the legal system is…
I'm beginning to realize that the amount of subjectivity involved with custody evaluation findings and conclusions is almost absolute, when you have two fit parents; meaning that somebody could ask…
Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…