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…
In a surprising number of child custody disputes, courts make major decisions based heavily on conversations nobody else gets to see or hear. A custody evaluator interviews the child privately.…
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…
ABSTRACT: Vague parenting plans built around “reasonable parent-time” often create more conflict, not less. When schedules, holidays, exchanges, and responsibilities are left undefined, parents frequently end up arguing about expectations…
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…
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,…
Wilson v. Wilson - 2026 UT App 72 THE UTAH COURT OF APPEALS LISA A. WILSON,Appellant, v. BRAD J. WILSON, Appellee. Opinion No. 20240444-CA Filed May 7, 2026 Third District…
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…
Stephen Petro recently made a point that should be obvious, but in the heat of litigation, often isn’t: A “reasonable” answer is not the same thing as a correct one. A reasonable answer…
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…
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…
Ask some lawyers or clients what a divorce costs and you’ll get an estimate. But divorce doesn’t have a fixed price (often even when a lawyer quotes you a seemingly…
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…
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…
“Temporary orders” sound harmless. Interim. A placeholder until the whole case gets decided. That’s not how they function in the real world. In virtually every Utah divorce and child custody…
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…
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…
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…
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…
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…
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…
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…
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…
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:…
People hear “crypto” (cryptocurrency; Bitcoin, Ethereum, etc.) and assume “untraceable.” That assumption gets tested quickly in a divorce. In Utah divorce disputes over property division, cryptocurrency is treated like any…
The modern Utah home is a goldmine of digital data. In a divorce or child custody dispute, it often becomes something else: a surveillance system one spouse tries to weaponize…
When people think about a divorce or child custody dispute, they picture court—hearings, arguments, big decisions. And it’s the day-to-day work in most cases that decides whether cases are won…
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.…
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…
The Missing Step Courts in child custody disputes routinely make determinations without ever hearing from the child directly—or even reviewing a complete and reliable record of someone who did. That…
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…
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…
I. The Illusion of Protection In Utah child custody disputes, courts have (but should not have) a choice: hear from the child directly or receive their life story through a…
In a Utah custody case, your conduct is not limited to what happens in your home—it extends to what you choose to share online. Social media is not personal or…
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 Basic Logic of Factfinding The Protection Rationale The Expertise Rationale The Record Disappears Credibility Cannot Be Tested The Court’s Position: Real Constraints, Imperfect Tools Institutional Convenience One of the…
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…
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…
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…
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…
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…
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…
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…
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 with…
This series has examined a focused procedural question: whether interviews with children in custody disputes should be preserved through authenticated contemporaneous verbatim record via unedited audio-visual capture. The discussion has…
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…
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 Fragility Rationale The most common justification for not making and keeping a record of child testimony rests on fragility. Knowing that the interview will be recorded, it is said,…
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…
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…