How Do You Get 3 House Valuations for a Divorce When Your Ex Has Remained Living in It?

A house does not need to be vacant to be appraised and evaluated. The appraiser(s) can inspect and evaluate the house while you're spouse or ex-spouse is still living there…

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Chlarson v. Chlarson – 2024 UT App 160 – Divorce and Military Retirement

Chlarson v. Chlarson - 2024 UT App 160 THE UTAH COURT OF APPEALS JUSTIN THOMAS CHLARSON, Appellant, v. JACQUELINE NICOLE CHLARSON, Appellee. Opinion No. 20230742-CA Filed November 7, 2024 Second…

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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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If I Got Married Today and My Husband Moved Into My House, if We Get Divorced in 5 Years, Will I Have to Give Him 50% of My House?

Great question (the answer will likely scare you and drive you nuts, but it’s a great question). Divorce court is, in many respects, the wild west. No matter what jurisdiction…

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Merrill v. Merrill – 2024 UT App 94 – Tax Rate, Expenses, Affect on Income Calculation

Merrill v. Merrill - 2024 UT App 94 THE UTAH COURT OF APPEALS LUTISHA MERRILL, Appellee, v. JOHN RICHARD MERRILL, Appellant. Opinion No. 20210785-CA Filed July 11, 2024 Third District…

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Thorup v. Thorup – 2024 UT App 93

Thorup v. Thorup - 2024 UT App 93 THE UTAH COURT OF APPEALS MONA THORUP, Appellee, v. MARCUS THORUP, Appellant. Opinion No. 20220583-CA Filed July 5, 2024 Third District Court, Salt…

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On What Basis Should the Couple Share Half of Property in Divorce if One Contributes Significantly More Than the Other? How Is It Fair?

It’s fair. It’s not fair. Frankly, reasonable minds can differ on this question. The governing principle in the USA is still (though it’s subtly and slowly changing) in most jurisdictions…

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Is There A Better Way To Conduct Court Proceedings?

A better way to conduct court proceedings came along (a long time ago): remote appearances.  You read that correctly: the courts in Utah can accommodate appearances by remote video conference.…

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Why Hiding Your Money in a Divorce and/or Child Support Court Case Won’t Work (and why people still try) By Braxton Mounteer

When those who will be ordered to divide assets with a spouse and/or pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their…

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Does an ex-spouse have claims to properties purchased during the marriage but name is not on deed, deed states married man and no mention of the property or distribution in the divorce?

I can answer this question in the context of the law of Utah, which is the jurisdiction where I am licensed to practice divorce and family law. To learn the…

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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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Divorce and Social Media By Braxton Mounteer

Most people fundamentally misunderstand what the Internet and social media are. Many believe that social media is a web of interconnections where you can send and receive updates about your…

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Establishing the existence or absence of business/commercial goodwill value in a divorce.

Sometimes a business is a marital asset. When the value of a business that is a marital asset is divided in divorce, the question of the “goodwill value” of the…

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Why Don’t All Divorced Wives Get Half of Their Husbands’ Property?

Because divorce is not about a spouse (man or woman) getting “half of everything”. Depending upon whether a state is a “community property” state or an “equitable distribution” state, here…

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2023 UT App 62 – Cox v. Cox – Adequacy of Court Findings

2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…

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Oldroyd v. Oldroyd – 2022 UT App 145 – Premarital Property

2022 UT App 145 THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20210073-CA Filed December 22, 2022 Second District Court, Morgan Department…

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When do courts value the marital estate?

When do courts value the marital estate? At time of separation, or at the time the court enters the Decree of Divorce?  This is a question that often causes divorcing…

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What are the significant changes to family law in the past two centuries?

What are the most important changes to the family law in the 19th century and 20th century up to today, and why? In my opinion (and in no particular order): …

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Fischer v. Fischer – 2021 UT App 145 – marital vs. separate property

THE UTAH COURT OF APPEALS  GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee.  Opinion  No. 20200557-CA  Filed December 30, 2021  Seventh District Court, Moab Department  The Honorable Don Torgerson …

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MacFarland v. MacFarland – 2021 UT App 58

021 UT App 58  THE UTAH COURT OF APPEALS  BRUCE RAY MCFARLAND, Appellant and Cross-appellee,  v.  NICOLE S. MCFARLAND, Appellee and Cross-appellant.  Opinion  No. 20190541-CA  Filed June 4, 2021  Second…

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Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question.   Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court…

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Will my spouse be legally an owner of a company that I start just because of being my spouse?

Will my spouse be legally an owner of a company that I start just because of being my spouse? It is possible. A nonowner spouse can be awarded a portion…

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