It Has Been Suggested That We Have a Special Master Appointed in Our Case. ‘Good Idea?

No, and I’ll tell you why in the context of discussing a newly proposed Utah Rule of Civil Procedure which would be Rule 53A, entitled “Special masters for parenting disputes…

Continue ReadingIt Has Been Suggested That We Have a Special Master Appointed in Our Case. ‘Good Idea?

What Legal Safeguards Exist to Prevent Abuse of Domestic Violence Restraining Orders?

I am a divorce and family lawyer. So I know that there are laws on the books in my jurisdiction (Utah) and in other jurisdictions throughout the U.S. that make…

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The Overreach of Utah Courts in Ordering Therapy in Divorce and Child Custody Cases

In contemporary Utah divorce and child custody disputes, courts frequently order parents and children to participate in reunification therapy, family systems therapy, or other forms of therapy and counseling. While…

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How Do I Know If My Custody Evaluator and Custody Evaluation Are Any Good? By Braxton Mounteer, Legal Assistant

In your divorce case, you, your spouse (or other parent) and your children may be required to undergo a custody evaluation. The custody evaluation is governed by Utah Code of Judicial Administration Rule…

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Timeline of a Typical Utah Divorce Case: From Start to Finish

While every divorce case is unique, the following outlines the general stages and timeframes involved in a Utah divorce case. Understanding the basic timeline of a typical case in Utah…

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What Is the Real Reason Divorce Rates Are So High in the Western World?

So many in the Western world who could be happily married have lost sight of the purpose of marriage, and so their marriages end in divorce not because of any…

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Why Wouldn’t I Speak Freely With a Law Enforcement Officer if I Have Nothing to Hide and the Officer Seems Sincere in His Questioning?

There are some genuinely nice men and women serving in law enforcement. That stated, any time when a law enforcement officer is asking you questions, be aware that 1) law…

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What Should I Do if My Husband Wants to Divorce Me for Not Giving Him Children?

There is not much you can do to deny a spouse a divorce, if one lives in the U.S. Spouses in the U.S. can file for and obtain a divorce…

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How Do I Get Full Custody of My Child From a Bad Mother?

Ideally, with overwhelming amounts of compelling, objectively verifiable evidence that 1) the mother is unfit to exercise custody of the child; and 2) you are fit to exercise custody of the child. Why overwhelming…

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Should You File an Appeal in Your Divorce Case, If You Are Not Happy with the Result at Trial? By Braxton Mounteer, Legal Assistant

There are a few things that you should be aware of before you decide to pull the trigger on filing an appeal on the outcome of your divorce trial. First,…

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Your divorce Case Deadlines Will Not Wait By Braxton Mounteer, Legal Assistant.

Divorce is one of the most difficult things that someone can experience. Many in the field of psychology rank divorce just behind a spouse’s death on lists of the most…

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If My Ex-husband Quit His Job to Avoid Alimony Does He Still Have to Pay Alimony?

If a spouse (husband or wife) is ordered by the court to pay alimony but then quits his/her job and then tries to claim “I can’t pay alimony because I…

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“A Child Is More Honest in His Interview if He Knows the Interview Is Not Recorded” Makes About as Much Sense as “The Runner Goes Faster if He Knows He Is Not Timed.”

The overwhelming majority of judges and domestic relations commissioners in Utah will refuse to have the interview of children who are the subject of child custody disputes recorded by sound-and-visual…

Continue Reading“A Child Is More Honest in His Interview if He Knows the Interview Is Not Recorded” Makes About as Much Sense as “The Runner Goes Faster if He Knows He Is Not Timed.”

2024 UT App 185 – In re D.A.T.R – adoption appeal

2024 UT App 185 - In re D.A.T.R THE UTAH COURT OF APPEALS IN THE MATTER OF D.A.T.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.K., Appellant, v. T.K. AND…

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Excluding the Public from Divorce Court Hearings and Trials Does More Harm than Good

"Government ought to be all outside and no inside. . . . Everybody knows that corruption thrives in secret places, and avoids public places, and we believe it a fair…

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Absolute Opposition to Recording Child Interviews in Child Custody Dispute Cases Is Groundless.

[Full disclosure: I make no secret of the fact that I have yet to encounter a custody evaluation conducted in Utah that is not pseudo-scientific, incompletely and incompetently documented, and…

Continue ReadingAbsolute Opposition to Recording Child Interviews in Child Custody Dispute Cases Is Groundless.

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)…

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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…

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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…

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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…

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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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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,…

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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,…

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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.…

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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…

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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…

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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…

Continue ReadingA 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?

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…

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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,…

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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…

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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…

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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…

Continue ReadingHow Much or How Little of a “Bulldog” Does a “Good Divorce Lawyer” Have to Be? By Braxton Mounteer, Legal Assistant

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…

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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…

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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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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…

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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…

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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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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…

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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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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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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,…

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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,…

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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…

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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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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…

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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…

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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…

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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.…

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