Can I petition for annulment if my husband already filed for dissolution of marriage?
I will answer this question based up on the law of the state of Utah, which is the jurisdiction in which I practice divorce and family law. Yes, you can,…
What happens in court if I file for divorce but my husband has an active case on me for child support? Will I get the child?
Whether you “get the child” (meaning whether you will be awarded physical custody of the child) has little to no relevance to the fact that your spouse is seeking child…
Dirty Tricks to Watch Out for in Divorce
I often encounter sneaky spouses who after separation and/or after a divorce action has been filed, start sending text messages and emails to the other spouse making false claims like:…
What Good Parents Need to Know About Child Custody Disputes with an Evil Parent
You hear and read on attorney websites stuff like, “Navigating child custody arrangements during divorce can be challenging.” That’s not the half of it. Child custody disputes with an evil parent…
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…
How likely is a judge to give the non-custodial parent 50-50 parenting time after the primary custodial parent has been the primary parent for three years?
Before you read another word, know this: the answer in these situations is, “It depends on many and varying factors.” Nobody likes that kind of answer, but it’s the truth…
In re R.G. – 2023 UT App 144 THE UTAH COURT OF APPEALS
STATE OF UTAH, IN THE INTEREST OF R.G., A PERSON UNDER EIGHTEEN YEARS OF AGE. G.G., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220635-CA Filed November 24, 2023 Second…
Divorce Mediation – To Good to Be True (For Most People)
I know you want to believe that divorce mediation is the trick to a fast, easy, cheap, amicable divorce. I know you want to believe this, and we know why.…
2023 UT App 137 – Lobendahn v. Lobendahn – petition to modify custody
2023 UT App 137 - Lobendahn v. Lobendahn THE UTAH COURT OF APPEALS MARCUS JAMES LOBENDAHN, Appellant and Cross-appellee, v. LEEYEN MOEVAI LOBENDAHN, Appellee and Cross-appellant. Opinion No. 20210278-CA…
Some hard truths about divorce litigation in Utah.
To those of you who ask, “How did I lose that argument in my divorce case? The judge couldn’t say why he/she believed my witness(es) over my spouse’s witness(es)!”: A district…
Client Red Flags By Braxton Mounteer
In my time as a legal assistant in the family law profession, I have observed many different kinds of client behaviors, some better than others. Those behaviors that cause the…
I’m a US citizen. I got divorced overseas. I have a child custody from an overseas country. What should I do to legalize the overseas court order in the US?
Confer with an attorney in the jurisdiction where you and/or the other parent now reside who has knowledge and experience with registering foreign divorce and child custody orders in the…
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.,…
Evidence and Honesty By Braxton Mounteer
You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to…
Is There Any Realistic Way to Prevent Misappropriating Child Support Funds?
This is a subject that comes up frequently. It comes up frequently not because misappropriating child support is a hard problem to mitigate but because the courts don’t have the…
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…
In re G.H. – 2023 UT App 132 – juvenile court grandparent guardianship
THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF G.H. AND R.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. L.G., Appellant, v. R.G. AND R.G., Appellees. Opinion No. 20220920-CA…
Do you have a desire to get married or remarried some day?
No matter how hard people try to argue against remarriage (or marriage, for that matter), for all but a very, very few of us the arguments aren't true. Going through…
The Problem with Private Guardians ad Litem. Part 3 of 3
As any attorney can do with any client, a PGAL clearly has the right to argue on a child client's behalf, and the Utah Code makes clear that a PGAL…
The Problem with Private Guardians ad Litem. Part 2 of 3
As any attorney can do with any client, a PGAL clearly has the right to argue on a child client's behalf, and the Utah Code makes clear that a PGAL…
In re K.A.S. – 2023 UT App 138 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.S., A PERSON OVER EIGHTEEN YEARS OF AGE.
STATE OF UTAH, Appellee, v. K.S., Appellant. Opinion No. 20210291-CA Filed November 16, 2023 Third District Juvenile Court, Salt Lake Department The Honorable Mark W. May No. 1108274 Monica Maio,…
The Problem with Private Guardians ad Litem. Part 1 of 3
Utah Code § 78A-2-705 provides that, “The court may appoint an attorney as a private attorney guardian ad litem to represent the best interests of the minor in any district…
Evidence and Honesty By Braxton Mounteer
You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to…
Utah Divorce and Your Financial Declaration: Why it Matters, and How to Prepare It the Right Way
In every Utah divorce case, the parties must prepare what is known as a financial declaration. The parties to a divorce action are required by the rules of court to…
Does it not feel weird to anyone that a parent who does not get child custody has to pay child support to the other parent who is enjoying the kids?
I think I know why you think it’s weird. Why have the children live with one parent instead both parents on an equal custody basis? In other words, “I’ll bear…
State v. Fowers – 2023 UT App 128 – violation of protective order
State v. Fowers - 2023 UT App 128 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. THOMAS FOWERS, Appellee. Opinion No. 20220073-CA Filed October 26, 2023 Fourth District Court,…
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…
In re A.S.G.-R. – 2023 UT App 126 – permanent custody and guardianship
In re A.S.G.-R. - 2023 UT App 126 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S.G.-R., A PERSON UNDER EIGHTEEN YEARS OF AGE. G.R., Appellant,…
In re H.M. – 2023 UT App 122 – termination of parental rights
In re H.M. - 2023 UT App 122 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.M. AND D.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. G.B., Appellant, v.…
In re D.S. – 2023 UT App 98 – reversal of termination of parental rights
In re D.S. - 2023 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF D.S. AND K.S., PERSONS UNDER EIGHTEEN YEARS OF AGE. S.S.,…
Why Do Utah Courts Not Allow Child Testimony?
I had lunch today with a former legal assistant of mine who is now a law student in Arizona. Over the summer he shadowed judges in Maricopa County during their…
Mandatory Lethality Assessments on Domestic Violence Calls. In Other Words: Pandora’s Box
The Utah State Legislature passed this into law an amendment to Utah Code § 77-36-2.1, which was effective May 3, 2023. The newly amended code section now requires police officers to…
What do I do when my ex uses doctor’s appointments in our child support issue on court when we have 50/50 decision making, but I have the final say to any decision made? Will it be used against me?
If I understand your question correctly, you're wondering if the court will fault for your ex-spouse's claims that you are failing to act responsibly when it comes to making and…
Should mutual friends choose sides in a divorce?
There’s more to consider than just the mutual friendship. Such as whether someone is seriously in the wrong. You wouldn’t (or shouldn’t) fail to report a friend for committing murder.…
Is it a good idea to major in sociology, social work, community, and health? I want to become a family lawyer.
Family law is, for most lawyers, a miserable practice area. You have to have the right personality and constitution for it. If you want to be a family lawyer to…
John v. John – 2023 UT App 103
John v. John - 2023 UT App 103 THE UTAH COURT OF APPEALS LUCAS ALLEN JOHN, Appellee, v. CASSANDRA KATHLEEN JOHN, Appellant. Opinion No. 20210506-CA Filed September 14, 2023 Third…
If I Get Married and Divorce Laws Change, Then Can I End the Marriage Before a New Divorce Law Applies Mentioning the Same as the Reason for Divorce?
My answer to your question is going to be a generalized answer to a hypothetical question. Before you take any real-life legal action in relation to real, existing laws, you…
Clark v. Clark – 2023 UT App 111 – divorce, exhibits, dissipation
Clark v. Clark - 2023 UT App 111 THE UTAH COURT OF APPEALS SUSAN JEANNE CLARK, Appellee, v. RICHARD LEE CLARK, Appellant. Opinion No. 20210713-CA Filed September 28, 2023 Fourth…
Lawyers and Deadlines. By Braxton Mounteer
You have just received an email from your lawyer about a deadline that your lawyer needs your help to meet. What should you do? You are already extremely busy with your life and…
In re R.G. – 2023 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF R.G., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.M., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220629-CA Filed September 28, 2023 Second District Juvenile Court, Ogden Department The Honorable Tasha Williams No. 1183589 Colleen K. Coebergh, Attorney for Appellant Sean D. Reyes, Carol L.C. Verdoia, and John M. Peterson, Attorneys for Appellee Martha Pierce, Guardian ad Litem
Appellee. Opinion No. 20220629-CA Filed September 28, 2023 Second District Juvenile Court, Ogden Department The Honorable Tasha Williams No. 1183589 Colleen K. Coebergh, Attorney for Appellant Sean D. Reyes, Carol…
Why would anyone choose to become a divorce lawyer?
That is a great question. Most lawyers who have tried being divorce and family lawyers hate it and abandon it for other practice areas. I can tell you why I…
If You File for Divorce, Do You Have to Serve Your Spouse With Papers?
Your spouse must be served with the summons and divorce complaint or petition before the case can proceed. In my jurisdiction (as I believe it to be the case in…
How Can You Tell if Your Lawyer Is Lying About Winning Cases if There Is No Evidence of It Online or in Paper Form?
Effectively, you can’t. You might be able to verify whether your lawyer is telling the truth about his/her winning record if the lawyer is willing to give you the information…
If you file for divorce, do you have to serve your spouse with papers?
Your spouse must be served with the summons and divorce complaint or petition before the case can proceed. In my jurisdiction (as I believe it to be the case in…
Completeness of Documentation By Braxton Mounteer
One of the hardest documents for a Utah divorce litigant to prepare is the financial declaration. I am amazed at the number of clients who don't take this document and…
How can you tell if your lawyer is lying about winning cases if there is no evidence of it online or in paper form?
Effectively, you can’t. You might be able to verify whether your lawyer is telling the truth about his/her winning record if the lawyer is willing to give you the information…
Are some cases out there where the counsel has lied to his or her client?
Lawyers’ reputation for lying is, unfortunately, well-founded. There is a Bosnian proverb, “He who will lie for you will lie to you.” Lawyers who lie for their clients (and there…
Do family law divorce attorneys of the opposite side stalk and harass their client’s opposition if the client pays for it?
Some do (if you can imagine an attorney doing something like that, it’s probably already been done), but they’re outliers, and they are violating both the law and the rules…
What Does a Legal Assistant Think of Going Pro Se? By Braxton Mounteer
The term for representing yourself in court is "pro se" or "pro per". Can you navigate the legal system successfully without a lawyer representing you in your case? Before I…
Important things divorce attorney clients need to know but would easily and freely be forgiven for not knowing without being told. No. 3:
The documents your attorney tells you that you must prepare for your case are, in fact, documents that you must prepare for your case. Failure to prepare them and to…
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