Is Alimony off the Table Here?
My wife had an affair, got caught when she got pregnant by her lover, and then separated from me to move in with him. She had the baby and she…
In re I.C. – 2025 UT App 20 – thinking of smuggling a child instead of adoption?
In re I.C. - 2025 UT App 20 2025 UT App 20 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF I.C., A PERSON UNDER EIGHTEEN YEARS…
What is Good Evidence in Divorce Proceedings, and What Critical Role Does It Play?
In divorce litigation, strong, compelling evidence is the cornerstone of successfully navigating critical legal determinations. When significant issues such as child custody, child support, property division, marital debt allocation, and…
2024 UT App 43 – domestic violence appeal
State v. Arce - 2024 UT App 43 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JOSE FELIPE ARCE, Appellant. Opinion No. 20220006-CA Filed March 28, 2024 First…
Maryland State Appeals Court Rules That a $7M Adultery Penalty in Postnuptial Agreement Is Enforceable.
On October 26, 2022, the Maryland Court of Special Appeals ruled against a husband who claimed that the infidelity penalty in a postnuptial agreement between him and his wife was…
If your life partner has a low IQ, is divorce an option?
Yes, but not for the reason you may think. In the age of no-fault divorce, you don’t really need to persuade the court to grant you a divorce. Divorce is…
How can I make sure father won’t gain custody?
My husband cheated on me and we're getting a divorce. He begged me not to take his children away, but I want him to suffer. How can I make sure…
What are the 3 main issues that lead to divorce these days?
Every time you hear about divorce, what are the 3 main issues that lead to divorce these days? I have been a divorce and family law attorney for 26 years.…
Nix v. Nix – 2022 UT App 83- insufficient evidence of adultery
2022 UT App 83 THE UTAH COURT OF APPEALS JILL NIX, Appellee, v. ROLAND COMPTON NIX JR., Appellant. Opinion No. 20200691-CA Filed June 30, 2022 Fourth District Court, Provo Department…
Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate
2022 UT App 5 THE UTAH COURT OF APPEALS CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee. Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022 Third District Court, Salt…
How do I best explain to my daughters that I am divorcing their stepmom?
What is the best way for me to explain to my 3 daughters that the reason in which I am divorcing their Assistant Prosecutor stepmother is because I wouldn’t let…
What are legitimate ways to contradict a witness in the court?
If you are asking whether there are “legitimate” ways to make truthful witness look inaccurate or dishonest (meaning there are ways to do it that won’t get you in trouble),…
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…
What are the grounds for filing for a divorce in Utah?
First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have…
I suspect my husband fathered a child with someone else. Can I challenge our divorce ruling?
If I suspect my ex-husband fathered a child with someone else while we were married, can I challenge our divorce ruling? If, by this question, you mean that you are…
Would you tell someone that his/her spouse is cheating?
Would you tell someone that his/her spouse is cheating? First, I need to make clear that my answer is in my capacity as just a member of the public. If…
What happens after an affair when you have kids?
What happens after an affair when you have kids? I will answer as if this question were asked in the belief that the affair will have a profound effect upon…
What happens after an affair when you have kids?
What happens after an affair when you have kids? I’ll answer as if this question were asked in the belief that the affair will have a profound effect upon child…
Can an abortion be claimed as grounds for divorce?
Not directly. While “my wife had an abortion” is not grounds for divorce, you can claim that the abortion led to irreconcilable differences between you and your wife, and irreconcilable…
When did you realize that fighting for your marriage was useless?
When did you realize that fighting for your marriage was useless? Many people ask me questions about “my” divorce. I am not divorced, I never have been, and (God willing),…
No-fault and fault-based divorces: what is the difference?
What are the major differences between fault and no-fault divorces and which one should become more universally standard? It used to be that one could not get a divorce without…
Who gets the house, if one of us had an affair?
After 1.5 years trying to reconcile after my wife's 5 year affair, we are ending our 20-year marriage. Despite two teenage kids and her being a stay-at-home mom, she had…
I had a child from an affair but my husband is raising the baby and is on the birth certificate, can the other man get custody of my child?
I had a child from an affair but my husband is raising the baby and is on the birth certificate, can the other man get custody of my child? I…
