Is It True That Some Men Pay Their Wives to Avoid Giving up Their House During Divorce Proceedings or Other Agreements?

Yes, it’s true; this happens sometimes. But more broadly speaking, there are all kinds of situations in divorce where both husbands and wives, fathers and mothers make extortionate deals to…

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Why Is Income Earned After a Marriage Considered Marital Property, but Inheritance Earned After a Marriage Is Considered Separate?

I cannot answer this question as it applies in all jurisdictions, but I can answer it as it applies in Utah, the jurisdiction where  I am licensed to practice divorce…

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Calculating Alimony in Utah Divorce Cases

Alimony is not purely a mathematical formula in Utah, but the governing section of the Utah Code (see Section 81-4-502. Determination of alimony) does relay on some basic addition, subtraction, and division. First,…

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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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Hoidal v. Berry – 2024 UT App 157 – Valuation, Separation, Alimony

2024 UT App 157 THE UTAH COURT OF APPEALS MARI HOIDAL, Appellee and Cross-appellant, v. JOHN BERRY, Appellant and Cross-appellee. Opinion No. 20220291-CA Filed October 31, 2024 Third District Court,…

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What Are Some Tips for Divorced Parents on How to Handle the Holidays While Co-parenting?

Know this first: the best things to do are often easier said than done. That stated, they are not that hard to do, but many are not that appealing to…

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Lunt v. Lunt – 2024 UT App 148 – Alimony, Individual Needs, Business Goodwill

Lunt v. Lunt - 2024 UT App 148 THE UTAH COURT OF APPEALS MEGAN LUNT, Appellee, v. DREW E. LUNT, Appellant. Opinion No. 20220596-CA Filed October 18, 2024 Third District…

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In Divorce Cases, Does Family Court Usually Favor Mothers?

Yes. Anyone who denies this fact is lying to you. This does not mean that fathers cannot get a fair shake in child custody cases; they can, but most fathers…

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What Are Some Strategies for Divorcing a Selfish, Intelligent, and Manipulative Person Without It Becoming a Messy Legal and Emotional Battle?

Spouses of selfish, intelligent, and manipulative people who want to avoid a messy legal and emotional battle are not telling the whole truth about what they want. Implicit in what…

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When Should You Settle Your Divorce Case? By Braxton Mounteer, Legal Assistant

Over the course of your divorce, you may be tempted to throw in the towel and give up. You may also be tempted to fight to your last breath. Either…

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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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Dividing Personal Property In Your Divorce Is Not As Hard As It Seems By Braxton Mounteer, Legal Assistant

During the course of a marriage, you will accumulate marital property, and during your divorce, you will need to divide those items. You may be tempted to bicker over every…

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Are You Prolonging Your Divorce? By Braxton Mounteer, Legal Assistant

Almost all people going through a divorce say they want the case disposed of as soon as possible, but I have found that most people slow the process down for…

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What Are Some Reasons Why Someone Might Choose to Stay in an Unhappy Marriage Instead of Getting a Divorce, Even if They Have Children and Are Concerned About the Cost?

There are literally thousands of lists you can find online that do an excellent job of identifying the reasons accurately, clearly, and concisely. I recommend that you find them and…

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What Do Judges Like and Not Like to Hear at Custody Hearings With High Conflict Parents Who Will Not Agree on Custody Terms?

Many attorneys and parents who have been through child custody and parent time disputes before will give you some basic and sound advice; specifically, 1) ensure that your arguments have…

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Parental Estrangement and Parental Alienation and Parental Estrangement Are Not the Same Thing By Braxton Mounteer, Legal Assistant.

During a divorce case, one parent or the other often claims that parental alienation or parental estrangement is occurring. Whether the claim is true does not stop these terms from…

Continue ReadingParental Estrangement and Parental Alienation and Parental Estrangement Are Not the Same Thing By Braxton Mounteer, Legal Assistant.

If My Ex Husband Had a Secret Bank Account Before We Were Married, Would I Be Entitled to Some of It After the Divorce? I Already Have a Private Investigator Looking Into It. Thanks in Advance!

This is an area where the laws differ substantially from jurisdiction to jurisdiction. To know what options may be available to you in your jurisdiction, you need to consult with…

Continue ReadingIf My Ex Husband Had a Secret Bank Account Before We Were Married, Would I Be Entitled to Some of It After the Divorce? I Already Have a Private Investigator Looking Into It. Thanks in Advance!

What Is Dissipation of Marital Assets? How Is It Addressed in Utah Divorce Actions?

We’ll start with this: The marital estate is generally valued at the time of the divorce decree or trial. Goggin v. Goggin, 2013 UT 16, ¶ 49, 299 P.3d 1079. The…

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Is it possible for a husband to set conditions for getting back together after a separation or divorce, even if the divorce has already been filed?

This question is best answered in two parts. Can a husband dictate what his wife “must do” to reconcile with him? Obviously he cannot. Reconciliation is a mutual decision. Even…

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What do I have to do to modify the child custody and/or parent-time award?

“I want more time with my children.” “Our children want to spend more time with me.” “My ex-spouse does not exercise the time he/she was awarded with our children.” What…

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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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I Have a Court Date Coming Up, but I Don’t Speak English (Or Don’t Speak or Understand It Well). What Can I Do?

Did you know that if you are not fluent in English and have a court date coming up, the court will provide you with an interpreter IF you make the…

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How to Fill Out Your Financial Declaration, Paragraph One. By Braxton Mounteer, Legal Assistant

If you find yourself involved in a Utah divorce action (whether child support will be an issue or not) or an action over the support of minor children in Utah…

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If I Agreed to Sign up a Prenup With My Billionaire Husband Does That Mean I Would Not Get Anything Not Even a Dollar?

I can’t speak to what the law governing prenuptial agreements is in any jurisdiction other than the one in which I practice divorce and family law (Utah), but as to…

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Taking Your Divorce Case to Trial Requires Just as Much from You as It Does of Your Lawyer, By Braxton Mounteer, Legal Assistant

Taking your divorce case to trial is almost always a long, complicated, and emotionally exhausting process. You may be tempted to believe you can leave all of the work to…

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People Who Are Getting an Extremely-Contested Divorce W/O Paying for Lawyers, Need Step-By-Step Directions in Their State! If There Were Uncontested Divorces, There Would Be No Divorces at All, Because Both Partners Would Be Getting Along Perfectly?

Sure, they need that. It is a great idea. Where there is a demand to be filled, markets arise to fill them. It would be a great benefit to people…

Continue ReadingPeople Who Are Getting an Extremely-Contested Divorce W/O Paying for Lawyers, Need Step-By-Step Directions in Their State! If There Were Uncontested Divorces, There Would Be No Divorces at All, Because Both Partners Would Be Getting Along Perfectly?

Do You Lose Parental Rights Automatically When You Get Divorced if You Do Not File for Visitation or Custody?

Make sure you understand the terms you and others may be using in asking and discussing this question. If you are a parent of minor children, and you are involved…

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Are You Fighting for Your Kids or Are You Protecting Your Financial Future? By Braxton Mounteer, Legal Assistant

An accusation that gets thrown around a lot in a divorce action is that a parent doesn’t actually want to spend time with his or her children. Usually it's an…

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What Can Be Done if a Prenuptial Agreement Does Not Meet the Requirements for Validity in Your State? What Are the Available Options for Handling This Situation?

While I am a divorce and family lawyer (licensed in Utah), I do not claim to be an expert on the subject of prenuptial agreements. That stated (and acknowledging that…

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When Is It Appropriate to Leave a Marriage if Your Spouse Does Not Contribute Financially or Emotionally and Has No Intention of Doing So Due to a Sense of Entitlement From Their Upbringing?

This is a very hard question to answer honestly and sincerely, though at first blush, it may not appear that way. There are very good reasons to divorce in certain…

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I Live in Indianapolis, Indiana, I Have a Son at 17 Years Old. I Have Visitation Legal Custody. He Has Him Run Away. What Do I Do?

I am not licensed as an attorney in Indiana, but I will give you my personal opinion (it’s not legal advice) as it applies to the law in the jurisdiction…

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Can My Spouse Take out a Loan Using Our House as Collateral After I File for a Divorce?

This is a good question and one that often comes up in divorce cases. I cannot speak for the law in all jurisdictions, but as this question applies in the…

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Holding Marital Property Hostage During a Divorce Just Makes You Look Petty By Braxton Mounteer, Legal Assistant

You may have the idea that you can leverage his or her favorite or most valued things to get a more favorable outcome in your divorce. Holding property that rightfully…

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What Should I Do if My Divorce Is Not Getting Solved Quickly?

This is a great question. Go find a good (a good, not just any) retired divorce attorney (a divorce attorney, not some other kind of attorney who has no idea…

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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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What Do We Do When Equal (50/50) Physical Custody Is Awarded but One Parent Isn’t Bearing the Responsibilities Equal Custody Requires of That Parent?

Recently a Quora.com reader commented on my answer to this question: Is there a primary parent in joint custody in Utah which is also known as “equal” or “50/50” custody? They…

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Elder v. Elder – 2024 UT App 68 – enforcement vs. modification

Elder v. Elder - 2024 UT App 68 THE UTAH COURT OF APPEALS BRITTANY LEE ELDER, Appellee, v. MATT BLAKE ELDER, Appellant. Opinion No. 20210902-CA Filed May 9, 2024 Second…

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Second-Hand Testimony Is and Never Will Be Better Than the Witness’s Own Testimony in His/Her Own Voice

For lawyers and parents (and perhaps even commissioners and judges) who hate child custody determinations (temporary or otherwise) based upon proffer, I share this with you: This court has previously…

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Is It Common for Ex-spouses to Continue Supporting Each Other Financially and Emotionally After a Divorce? What Are Some Potential Solutions for This Situation?

See parent question. I am a divorce lawyer, and after a divorce case ends (meaning a decree of divorce has been issued and case essentially closed), I literally never know…

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Is There Anything I Can Do for Winning Custody After the Gal Report Is Favoring My Ex? Is Paying More to My Attorneys Worth It or No?

After you ask, “Is there anything I can do for winning custody after the GAL report is favoring my ex? Is paying more to my attorneys worth it or no?,”…

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Is It Possible to Discredit a Biased Custody Evaluation Full of Unsubstantiated and False Claims?

Yes, it is possible, but not always possible, and when it is possible it is often very difficult to accomplish. Difficult not because custody evaluators are particularly competent (they typically…

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Why Your Witness May Not Be As Good As You Think By Braxton Mounteer

I recently went to trial with my boss for a divorce case. One of the things that stuck out to me was that quite often the witnesses people call in…

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What Are My Chances of Gaining Full or Primary Custody of My Child as a Father?

First, you need ask a different question before you get to the question of a father’s chances of winning full or primary custody of children in divorce. The question should…

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What Are the Odds That I Can Get Custody of My Daughter if I Have a Serious Criminal Record?

Without knowing more about your criminal record, I can still safely predict that having almost any kind of chronic or significant criminal record reduces your chances of being awarded custody…

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Do Many Women Lie About DV in Divorce and Child Custody Court Cases?

Yes. Many women (not all, but many more than we'd like to believe unquestionably lie and make outright false or grossly exaggerated domestic violence claims. The temptation to tell such…

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I Was Just Laid Off, Through No Fault of My Own, and Don’t Know How Soon I’ll Find Work Again or How Much I Might Actually Earn Once I Do. How Do I Get the Court to Reduce or Terminate My Alimony Obligation?

A reduction in the alimony award obligation is extremely difficult to obtain. It's designed to be difficult to modify downward, so that only those who 1) are truly unable to…

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Fair Treatment in Court by Braxton Mounteer, Legal Assistant.

The family law legal system likes to portray itself as a shining beacon of justice and equity, but I have seen first-hand that it is not. Whether it is opportunistic…

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