Can I Buy a House Before or While Going Through a Divorce? Should I?
We won’t keep you in suspense: yes, you might be able to buy a house before or during the pendency of a divorce case. However, in most cases, you should not.…
Comparatively Fewer Proposed Family Law Legislation for the Utah Legislature 2025 Session
2025 has comparatively fewer proposed family law bills that in recent years, but there are still some important and interesting proposals. Here is a list of the proposed bills pertaining…
What Do I Do When I Realize My Divorce Attorney Betrayed Me and Helped My Ex-spouse, so That I Can Set Aside the Divorce Settlement Due to False Representations Made in Our Divorce Settlement Negotiations?
I will answer this in the context of the way this issue is treated in my jurisdiction (Utah). First, understand that to prevail on a claim in court, you must…
Is Therapy Necessary in Utah Divorce?: What You Should Consider
Therapy in the context of this post means “mental health therapy”; meeting with a licensed talking with a psychologist, psychiatrist, or another mental health provider. This kind of therapy is…
Too Many Fraudulently Sought Protective Orders? – The Buck Stops with the Courts
I humbly and respectfully submit that the following clearly do not meet the burden of proof under the preponderance of evidence standard and thus do not support entry of a…
Toward Equal Child Custody Awards in Utah: Progress Made and Still to Be Made
Historically, in the state of Utah, and throughout the United States, cultural bias as to which parent is granted primary custody plays a major role in child custody decisions. Originally,…
2025 UT App 12 – Schmidt v. Petersen – civil stalking – burden of proof
2025 UT App 12 - Schmidt v. Petersen 2025 UT App 12 THE UTAH COURT OF APPEALS STEPHEN EDWARD SCHMIDT, Appellant, v. KYLE JEFFERY PETERSEN, Appellee. Opinion No. 20230287-CA Filed…
How Does Fraudulently Filing for a Protective Order Often Give the Applicants an Insurmountable Unfair Advantage in a Divorce or Child Custody Case?
By exploiting legal mechanisms designed to protect actual victims, here are ways that fraudulently seeking a protective order can create an unfair advantage: Immediate Restriction on Contact and Access Temporary…
The Difference Between Reunification Therapy and Family Systems Therapy By Braxton Mounteer, Legal Assistant
Families often find themselves having to confront their conflict and dysfunction when a divorce is filed. When families face conflict or dysfunction, therapy can (can, not always will, but can)…
Too Many Fraudulently Protective Orders? – The Buck Stops with the Courts
It could have happened as alleged I find the applicant credible (but I won’t mention that a) I also find the respondent equally credible; or b) I can’t articulate a…
The Cause of “Protective Orders Disorder” and Its Cure
A previous post (The Cause of “Protective Orders Disorder” and How to Prevent It.) discussed the trouble caused by granting domestic violence protective orders without a preponderance of evidence. This…
The Cause of “Protective Orders Disorder” and How to Prevent It.
“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” (Benjamin Franklin) It is undeniable that courts frequently take a "better safe…
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…
Evidentiary Practice in Family Law Proceedings in Utah: A Relaxed Standard
Family law proceedings in Utah (and in all other states, frankly), differ significantly from other areas of civil or criminal litigation, particularly when it comes to evidentiary practices. While the…
A Better Approach to Acquiring Child Testimonial Evidence in Child Custody Disputes
In Utah child custody disputes, the voices of children are almost always filtered through court-appointed private guardians ad litem (PGALs) and/or custody evaluators. These intermediaries will claim to represent what…
The Pros and Cons of Having Your Spouse Investigated by a Private Investigator During a Divorce in Utah. By Braxton Mounteer, Legal Assistant
Many individuals in a divorce consider hiring a private investigator, hoping to uncover information that could affect the outcome of the case. While hiring a private investigator (PI) may seem…
If you are losing a child custody case you should be winning (due to lack of representation and inability to show the judge the truth of the situation), how do you turn things around? is there a way to find out what the judge is thinking? A way to know if you’re changing the judge’s mind?
Most of the answer to your question lies in your question itself. If you should be winning the arguments in your case but are losing “due to lack of representation,”…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
“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…
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…
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…
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…
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…
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