When Should You Get a Lawyer to Look At Your Case?
Any old lawyer to look at your case? Well, if you can’t find a good lawyer who is skilled in the area of the law affecting you, it may (may)…
How Can Family Courts Claim to Comply With the Equal Protection Clause When Fathers Receive Primary Custody in Less Than 20% of Cases?
Good point, and good question. Although the amount of time fathers are being awarded with their children is increasing in child custody dispute cases (and has been for the past…
How Much Can You Stretch The Truth In Your Testimony? By Braxton Mounteer, Legal Assistant
Many people believe that everyone bends the truth from time to time. While the typical “no, that dress does not make you look fat” white lie in your everyday interactions…
What to Do When Your Ex Is Threatening to Take Me Back to Court to Change Custody or Reduce Parent-Time
I get calls about this frequently from former and from brand new clients: it may have been half a year or more since the child custody case was resolved, either…
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…
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…
Can a Parent Send a Third Party for Child Pick Up for Parenting Time if It’s Not a Part of a Utah Custody and Parent-Time Court Order?
If there is no court order that addresses and controls the question of who can pick up or drop off the children in connection with custody and parent time exchanges,…
2024 UT App 169 – Ward v. McGarry – imputation of income
2024 UT App 169 - Ward v. McGarry THE UTAH COURT OF APPEALS SARA WARD, Appellant, v. MEREDITH MCGARRY, Appellee. Opinion No. 20230365-CA Filed November 15, 2024 Third District Court,…
In re Adoption of K.R.S. – 2024 UT App 165
In re Adoption of K.R.S. - 2024 UT App 165 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF K.R.S., A PERSON UNDER EIGHTEEN YEARS OF AGE.…
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…
Small v. Small – 2024 UT App 173 URE 408 and statute of frauds
Small v. Small - 2024 UT App 173 THE UTAH COURT OF APPEALS NATHAN DALE SMALL, Appellant, v. TRISHA DAWN SMALL, Appellee. Opinion No. 20230487-CA Filed November 29, 2024 First…
A Third Party Refused to Return Child to the Child’s Mother, the Sole Custodian. So Mother Called Law Enforcement Seeking Assistance. But They Refused to Get Involved Saying It’s a Civil Matter. Is That True?
I can't speak to what the law is in all jurisdictions, but I can speak to what the law is in Utah on this subject based upon my experience and…
The Voice of Reason in a Discussion of Domestic Violence and Child Custody
On October 31, 2024, the Utah Court of Appeals issued it opinion in the case of Lerman v. Lerman (2024 UT App 155). It is a decision Utah sorely needed for how to…
Is Trial In Your Utah Divorce Case a Boxing Match or an Audition? By Braxton Mounteer
Everyone has seen a trial portrayed in a movie or video. An actual trial (especially in a divorce case) is not like television or movies would have you believe. Initially,…
What is Your Best Negotiating Trick?
Once I realized that “negotiating trick” is just a synonym for “manipulation,” at best and “fraud” at worst, I stopped employing such tricks in negotiations. You wouldn’t want to be…
Child Support in Utah
How is child support calculated in Utah? How long does child support last? How is child support enforced? How child support in Utah is calculated. I will explain it both…
How Much or How Little of a “Bulldog” Does a “Good Divorce Lawyer” Have to Be? By Braxton Mounteer, Legal Assistant
Everyone has seen the movies and shows where a lawyer represents his/her client (in and out of court) like a berzerker. We have heard of the horror stories of innocent…
If You Need to Talk to the Police, Is It OK to Let Them Step Inside Your Front Door if It Is Cold, Rainy, or Snowy Outside?
No. I wish I could tell you that it's worth the risk to show the police a little kindness, but they'll just exploit it. So not merely, no, but hell…
Is There a Viable Alternative to a Custody Evaluation?
Do you find yourself involved in a child custody dispute (whether in a divorce case or a parentage/paternity action? If so, has your spouse or your attorney may have proposed…
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,…
Do You Really Think That the Institution of Marriage Should Be Dissolved, Keeping In Mind the Current Rate of Divorces and Infidelities?
Do we need laws, given that so many people break them? It's tempting to believe that if we abolished marriage, we would thus get rid of divorce. While that is…
Why Would a Lawyer Not Take a Case?
Some people ask this question because they believe an attorney is somehow obligated to accept any and every case he/she is asked to accept. This is not true. Some people…
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…
Do I Have to Do What My Divorce Lawyer Tells Me to Do? By Braxton Mounteer, Legal Assistant
Your divorce lawyer will tell you about the things you need to do in your case, the documents and other evidence you need to produce, the questions you need to…
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…
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,…
Lerman v. Lerman – 2024 UT App 155 – Child Custody and Domestic Violence
Lerman v. Lerman - 2024 UT App 155 THE UTAH COURT OF APPEALS DEREK LERMAN, Appellee, v. MICHELLE LERMAN, Appellant. Opinion No. 20230913-CA Filed October 31, 2024 Second District Court,…
How Are Jurors Typically Selected for Divorce and Custody Cases in Utah?
Divorce cases are not tried to a jury in any state except one: Texas. In all other states, including Utah, divorce and child custody cases are tried to the bench,…
Duffin v. Duffin – 2024 UT App 154
Duffin v. Duffin - 2024 UT App 154 THE UTAH COURT OF APPEALS JAMES MARLO DUFFIN JR., Appellant, v. BRANDY ELIZABETH DUFFIN, Appellee. Opinion No. 20221046-CA Filed October 31, 2024…
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…
2024 UT App 133 – Bountiful City v. Swenson – Protective Order Violation
2024 UT App 133 - Bountiful City v. Swenson THE UTAH COURT OF APPEALS BOUNTIFUL CITY, Appellant, v. ROBERT TAKASHI SWENSON, Appellee. Opinion No. 20230430-CA Filed September 19, 2024 Second…
State v. King – 2024 UT App 151 – Domestic Violence – Evidence – Effective Counsel
State v. King - 2024 UT App 151 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v.. PHILLIP MASON KING, Appellant. Opinion No. 20210710-CA Filed October 24, 2024 Second…
In re J.M. – 2024 UT App 147 – Termination of Parental Rights
In re J.M. - 2024 UT App 147 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.M., S.M., L.M., AND J.A.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. N.M., Appellant, V. STATE OF UTAH, Appellee. Opinion…
Should You Use Utah’s Court-created Forms? By Braxton Mounteer, Legal Assistant
The Utah courts have created a sizeable library of forms; a few that everyone is required to use, and a lot that can be used--optional, in other words--if one wants.…
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…
If a Parent Refuses to Work, Does That Mean the Other Parent Pays Higher Child Support?
In Utah, a parent is not required to have a job and it's likely that a court cannot order a parent to get a job and earn money. If that parent…
What May Happen When I Tell the Judge That I Violated a Nocontact Order Because the Paperwork I Received at Court Was Torn and Did Not Say Anything About No Contact?
What will happen? Who knows? What could happen? The court could A) believe your story; B) not believe your story; or C) not believe your story and then come down…
In re adoption of D.K.A.T. – 2024 UT App 145 – Contested Adoption
In re adoption of D.K.A.T. - 2024 UT App 145 THE UTAH COURT OF APPEALS In re adoption of D.K.A.T. - 2024 UT App 145 IN THE MATTER OF THE…
In re Estate of Wright; Anderson v. Shayesteh – 2024 UT App 146 – Unsolemnized Marriage
In re Estate of Wright; Anderson v. Shayesteh - 2024 UT App 146 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ESTATE OF SHEILA ANNE WRIGHT, AHMAD RAY…
Is There a Particular Reason Why One or Both Parties After a Divorce Goes to Extreme Lengths to Make the Other One Look Bad?
Many reasons can account for this (in no particular order of prevalence): Bitterness/Sore loser Revenge/trying to set themselves up for a second bite at the apple in a future petition…
I Know I Should Get a Divorce, but I Don’t Have the Courage to Do So. What Do I Do Now?
We are not meant to be alone. We are meant to be married and to have a family. This is why losing/ending a marriage (and breaking up a family, if…
Utah Law Question: Discovery Closes in Less Than 28 Days, but Opposing Counsel Just Serve Discovery Requests. Am I Obligated to Respond?
Answer: Almost certainly no. See Dahl v. Harrison, 265 P.3d 139, 2011 UT App 389 (2011). Note: Under the current Utah Rules of Civil Procedure, responses to written discovery requests are due…
How Do I Divorce My Husband After 37 Years and When I Have No Job?
This is not an easy decision to contemplate for most people of your age. If you married in your twenties, then you are likely at least 57 years old when…
How Should I Deal With an Ex Husband Who Is Reluctant to Move out After the Divorce?
If he wasn’t ordered to move out, and if you weren’t awarded sole possession, occupancy, and use of the marital residence, then he is under no obligation to move out.…
How Is It to Divorce When You Get Retired?
Usually painful. Perhaps in some ways that are a little different from the pain one would suffer when divorcing young, but still painful. Retirees suffer a unique pain in the…
How Do I Reconnect After Marriage Separation?
Believing that change is inevitable, normal, and survivable. Jonny Thomson made this reel on his Facebook page, “Mini Philosophy,” which I think answers your question about as well as it…
KSL News Story “Child and Family Services speaks to lawmakers after 12-year-old’s death”
In this KSL.com news article, written by Garna Meijia, reporting on the Department of Child and Family Services (DCFS) addressed the Rules Review and General Oversight Committee. Please read more…
Divorce and Revenge, by Braxton Mounteer, Legal Assistant.
People divorce for many different reasons, but regardless of the reason or reasons for seeking a divorce, the dissolution of a marriage and the breakup of a family usually causes…
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…
How to Pronounce Certiorari and What It Means.
Today’s question comes from a viewer of the UFTLV channel who wants to know not only what this term means, but how it is properly pronounced! First, the definition: an…