How Do You Fight an Attorney Who Keeps Asking for and Obtaining Continuances in a Family Court Case?

An unscrupulous opposing party and his/her attorney can find many benefits to delaying the progress of a pending court case, so it comes as no surprise if and when you…

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“A Child Is More Honest in His Interview if He Knows the Interview Is Not Recorded” Makes About as Much Sense as “The Runner Goes Faster if He Knows He Is Not Timed.”

The overwhelming majority of judges and domestic relations commissioners in Utah will refuse to have the interview of children who are the subject of child custody disputes recorded by sound-and-visual…

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Excluding the Public from Divorce Court Hearings and Trials Does More Harm than Good

"Government ought to be all outside and no inside. . . . Everybody knows that corruption thrives in secret places, and avoids public places, and we believe it a fair…

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Wallace v. Wallace – 2024 UT App 164 – Custody, Non-disparagement

Wallace v. Wallace - 2024 UT App 164 THE UTAH COURT OF APPEALS JAMES DOUGLAS WALLACE, Appellee, v. JOANNA JUNE WALLACE, Appellant. Opinion No. 20220559-CA Filed November 15, 2024 Third…

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Godfrey v. Godfrey – 2024 UT App 156 – Broad discretion, Abuse of discretion

2024 UT App 156 THE UTAH COURT OF APPEALS AMANDA GODFREY, Appellee, v. RANDY GODFREY, Appellant. Opinion No. 20210871-CA Filed October 31, 2024 Third District Court, Silver Summit Department The…

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Family Law Legislation for the 2024 Utah State Legislative Session

Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…

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Holt v. Holt – 2024 UT App 6 – reasonable time rule

Holt v. Holt - 2024 UT App 6 THE UTAH COURT OF APPEALS RHONDA S. HOLT, Appellee, v. CHRISTOPHER JOHN HOLT, Appellant. Opinion No. 20220090-CA Filed January 11, 2024 Third…

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Are couples with prenups more likely to divorce?

Research is hard to come by. Reliable research even harder. But here is what I could find in short order (how accurate it is I cannot say): https://psycnet.apa.org/record/2017-23543-004 Maybruch, C.,…

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Special masters, parent coordinators, and the infantilization of parents

Special masters and parent coordinators (and co-parenting therapists, co-parent coaches/consultants, and their ilk) were invented for the purpose of unburdening courts from some of the conflict associated with domestic relations…

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How Long Does a Child Custody Court Hearing Take?

rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t…

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Is the Johnny Depp divorce trial actually newsworthy?

The divorce trial wasn’t all that newsworthy or memorable (celebrities divorcing is expected), it’s his defamation trial against his ex-wife that is newsworthy. Why?  Although his defamation case is not…

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Widdison v. Widdison – 2022 UT App 46 – custody modification

Widdison v. Widdison - 2022 UT App 46   THE UTAH COURT OF APPEALS  NICOLE WIDDISON, Appellant,  LEON BRYANT WIDDISON,  Appellee.  Opinion  No. 20200484-CA  Filed April 7, 2022  Third District…

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Law from a legal assistant’s point of view, week 39: Judges, part III

By Quinton Lister, legal assistant  For those following along at home, you are aware that I have posted about judges before. Through the course of my current employment as a…

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2022 UT App 15 – Miller v. DaSilva – protective order objections

2022 UT App 15 - Miller v. DaSilva http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Miller v. Dasilva20220203_20200719_15.pdf THE UTAH COURT OF APPEALS LISA M. MILLER, Appellant, v. AMY ELIZABETH DASILVA, Appellee. Opinion No. 20200719-CA Filed February…

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Ward v. McGarry – 2021 UT App 51

Ward v. McGarry - 2021 UT App 51  NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.   …

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When do trial lawyers most feel like “they are reading tea leaves”?

In my personal experience, most of the time, with most judges. I’m a divorce and family lawyer in Utah, and family law gives judges such broad discretion that even those…

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Did you ever go to court and realize for the judges and attorneys it’s kind of all a big game?

Yes, in my experience, there are aspects of the legal system and the practice of law that some lawyers and judges see and treat as a game. You see lawyers…

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Recent thoughts about family law

Recent thoughts about family law I’ve been prompted recently to express my thoughts and opinions about the judiciary generally in the family law context. Here are a few thoughts I…

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S.B. 122 just passed! So what? Joint equal physical custody.

S.B. 122 (4th Substitute) passed by the Utah State Legislature March 5, 2021! Who should care and why? The elephant in the room is this: if there is no gender…

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What are the Steps for Getting Divorced in Utah?

What are the Steps for Getting Divorced in Utah? To start the divorce process, you must begin by filing what is called a complaint or a petition for divorce with…

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Is it unreasonable to refuse to reside in the same town where your ex-spouse lives?

Is it unreasonable to refuse to buy a home in the same town or city that an ex-spouse lives in even though it is an affordable location? Not if residing…

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How many states favor mothers in child custody proceedings?

How many states favor giving the child to its mother in a custody hearing? You’re asking a good question, but it’s not the question you think you’re asking. The question…

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Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

Pulham v. Kirsling - 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…

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Why are there no penalties for false allegations in divorce and custody issues?

Why are there no penalties for false allegations in divorce and custody issues? First, there are penalties meted out; in my opinion few (far too few) in law enforcement, child…

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Day v. Barnes – 2018 UT App 143 – objecting party does not bear burden of showing commissioner recommendation was erroneous

Day v. Barnes - 2018 UT App 143 THE UTAH COURT OF APPEALS MACAELA DAY, Appellant and Cross-appellee, v. TYLER BARNES, Appellee and Cross-appellant. Opinion No. 20160974-CA Filed July 27,…

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