From cnbc.com: 46% of divorced couples say this was the No. 1 conflict in their relationship—and it isn’t money (Published Tuesday, August 15, 2023 2:23 PM EDT; Updated Tue, August 15,…
Yes. A hearing is not the same as a trial. While there may be some similarities, they are not the same thing and do not accomplish the same objectives. The…
Recently an attorney posed a question on a forum for fellow Utah family law attorneys. The question involved how to find out what the children’s experiences have been with one…
Whether you believe that everyone needs (or could benefit from) therapy or that it is only for the most dysfunctional families, you, like most people, likely agree some therapy has…
The point of a psychological evaluation isn’t to establish if someone merely suffers from any mental or emotional disorder or disorders, but to help determine whether such disorders, if they…
A better way to conduct court proceedings came along (a long time ago): remote appearances. You read that correctly: the courts in Utah can accommodate appearances by remote video conference.…
In re Adoption of M.A. - 2024 UT 6 This opinion is subject to revision before final publication in the Pacific Reporter 2024 UT 6 IN THE SUPREME COURT OF…
When those who will be ordered to divide assets with a spouse and/or pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their…
Do you want to know where the real money is most often made in divorce and family law cases? Child custody and parent-time disputes, hands down. Rarely do the parents…
Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…
Like winning the lottery, it does happen, but not very often. Parties rarely fail to appear for proceedings in family court. But if and when they do, the court can…
Utah, like many states, has struggled with the very concept of equal (“50/50”) custody of children for years. While progress has been made (especially in the past few years), we…
What do I do If custody order says visitation is from 4 - 8 meeting at police station when there is no school but if there is school that day…
What do you do when your spouse threatens to walk out and take the children even though you have been an equal and contributing partner in the marriage? It is…
What are the child custody factors that judges consider when determining what's in a child's best interest in custody disputes according to Utah’s family law statutes? The main factors are…
2024 UT App 16 THE UTAH COURT OF APPEALS JOSEPH EARL LAMB, Appellee, v. SONYA ELIZABETH LAMB, Appellant. Opinion No. 20210787-CA Filed February 8, 2024 Third District Court, Salt Lake…
There are plenty of things you can do (plenty of activity in which you can engage), but whether any of it will do any good is the question. The answer…
I am a divorce and family lawyer. I think you’d be hard-pressed to find a court anywhere in this country (USA) that would consider a mother temporarily receiving unemployment benefits…
Another bill under consideration during the 2024 Utah legislative session is House Bill 193 (HB0198 (utah.gov)). This bill would, if passed into law, 1) make clear that a “totality of…
This post discusses another proposed family law bill under consideration for the 2024 Utah legislative session, House Bill 157 (HB0157 (utah.gov)), “Child Custody Factor Amendments”. This bill, if passed, would…
Another potential law up for consideration in the 2024 Utah legislative session is H.B. 194. This bill would, if passed, amend provisions relating to adoption and child placement by amending the…
When those who realize they may be ordered to pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their income in the hope…
Today’s post on proposed family law legislation under consideration during the 2024 Utah legislative session is House Bill 140 (HB0140 (utah.gov)), “Amendments to Custody and Parent-Time”. This bill, according to…
It addresses the validation and recognition of a marriage regardless of the race, ethnicity, or national original of the parties to the marriage, and would repeal a current provision in…
Today’s blog post reviews House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”. It proposes changes to Utah Code § 80-2-602, the law governing when members of the clergy are…
I received a notice from opposing counsel that looks (or contains) something like this: “You are hereby notified of your responsibility to appear personally or appoint counsel.” What does this…
Today’s blog post treats another proposed law that is up for consideration during the 2024 Utah legislative session: House Bill 129 (HB0129 (utah.gov)), entitled “Child Support Requirements”. This bill would,…
Today’s blog post treats another proposed law that is up for consideration during the 2024 Utah legislative session: House Bill 81 (HB0081 (utah.gov)), entitled “Domestic Violence Modifications”. It would add…
Today’s blog post treats House Bill 20, one of several proposed family law-related pieces of legislation for the 2024 Utah legislative session. H.B. 20 is entitled “Parental Rights Amendments” According…
Here's a very, very short news report on the subject of when allegations of child abuse are countered with allegations of parental alienation: https://www.youtube.com/watch?v=44hJ8zWRrik I welcome sincere and rational comments…
Hard truths incoming. When dealing with a co-parent who is afflicted with a personality disorder, do these things, and do them all at the same time: 1) Examine your own…
Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…
According to the "General Description" of H.B. 272, what's not to like?: Highlighted Provisions: This bill: ▸ defines terms; ▸ in certain proceedings involving child custody: specifies requirements for the admission of expert…
I can answer this question in the context of the law of Utah, which is the jurisdiction where I am licensed to practice divorce and family law. To learn the…
You have to show that the trial court that made the child custody decision committed an appealable error. Many people believe that an appeal of a trial court’s decision is…
Holt v. Holt - 2024 UT App 6 THE UTAH COURT OF APPEALS RHONDA S. HOLT, Appellee, v. CHRISTOPHER JOHN HOLT, Appellant. Opinion No. 20220090-CA Filed January 11, 2024 Third…
In the jurisdiction where I practice divorce law (Utah), the law is NOT that joint debt incurred during the marriage will presumptively remain the debt of both spouses (and thus…
You have just been served with a summons and complaint (or petition) for divorce. Now have to traverse the minefield that is finding a good divorce attorney. It's harder to find a…
I have been asked by a reader to answer two questions. The first: whether I believe courts generally apply a double standard in the treatment of mothers and fathers when…
I will start out my answer by acknowledging that reasonable minds can differ on the merits of a “parenting app,” also known as a “co-parenting app”. I will continue my…
Let’s discuss this principle in the context of DUIs, but the principle applies in any situation in which you could be questioned in regard to any crime. What is hard…
Much. And much that you can prevent, once you know what to avoid, what to do, and why. Profiteering mediators. It’s hard to find anyone selling goods or services these days…
Most attorney websites that contain “articles” on prenuptial agreements aren’t really articles but thinly veiled sales pitches for prenuptial agreements. This post is not one of those. I have always…
2023 UT App 157 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.T. AND A.T., PERSONS UNDER EIGHTEEN YEARS OF AGE. F.R., Appellant, v. STATE OF…
2023 UT App 160 THE UTAH COURT OF APPEALS EDWIN M. CLARKE, Appellee, v. ANGOZI R.S. CLARKE, Appellant. Opinion No. 20220067-CA Filed December 29, 2023 Third District Court, Silver Summit…
Alimony is a hotly debated subject, whether one is divorced or not. As with most controversial topics, misinformation seems to find its way into the discussion. Alimony is not nearly…
Regardless of your feelings towards your ex-spouse, if you have children, you will have to talk or otherwise communicate to your ex (and do so often) about the minor children…
Many fathers and those who care about them ask this question. It’s no wonder why. But beware. "Father's Rights Attorney" is, for the most part, a scam. Don't misunderstand me:…
I can’t speak for all jurisdictions, but in the jurisdiction where I practice divorce and family law (Utah), child support awards are generally, in my opinion, 1) too high, 2)…
You may be asking yourself, why should I order from the court a copy of the audio recordings of my court hearings? Shouldn’t the court's own notes in the written…