Divorce Does Not Make Underemployment Invisible in Utah Alimony Cases
When a spouse earns less after divorce is filed, the court does not have to accept the lower number just because it appears on a paycheck. That is one of…
Jenkins v. Jenkins – Imputed Income and Fault-Based Alimony
2026 UT App 86 THE UTAH COURT OF APPEALS KRISTINE JENKINS, Appellee, v. EVAN K. JENKINS, Appellant. Opinion No. 20241206-CA Filed May 29, 2026 Fourth District Court, Provo Department The…
Child Custody and Parent-time Awards Need to Incorporate More Humility
Many parents (I’d say even most parents) enter family court hoping someone will fix everything. Believing that: the judge will see through the lies. the custody evaluator will identify the…
Not Malicious, But Misaligned: Why Utah Protective Order Hearings Have Become Functionally Rigged
Utah’s protective order system was not designed to punish innocent people. It was designed to prevent violence. That distinction matters. Over time, the framework has developed a structural imbalance. The…
Should You Get Divorced? Weighing Your Options in a Difficult Decision By Braxton Mounteer, Legal Assistant
The decisions to marry and to end a marriage are not decisions to be taken lightly. If divorce is ever an easy choice, something is terribly wrong. Wrong with the…
Is Filing an Uncontested Divorce an Admission of Fault by the Petitioner?
No. Merely filing for divorce is not an admission of fault by the petitioner. That stated, there is nothing that prevents a divorce petitioner from admitting fault in his/her petition…
Should You Forgive Your Spouse for Cheating? It’s Not That Simple. By Braxton Mounteer, Legal Assistant
There’s no sugarcoating it—infidelity, cheating in a marriage is devastating for most people. It rocks the foundation of everything you’ve built together. It’s the kind of betrayal that makes you question…
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.…
Is this a first principle?
If you can get a no-fault divorce, meaning that you can just walk away from a marriage because you don't want it anymore, why could that same person seek alimony?…
What Assumptions Can You Make About Someone Who Has Been Divorced Twice?
You can assume whatever you want about anyone or anything, but that does not mean your assumptions are accurate. And there is this from Merriam-Webster: “Although presume and assume both…
2023 UT App 62 – Cox v. Cox – Adequacy of Court Findings
2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…
U.S. Marriage and Divorce Statistics
My name is Stephanie from flingorlove.com and honestly, I usually wouldn't bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics…
Mintz v. Mintz – 2023 UT App 17
Mintz v. Mintz - 2023 UT App 17 THE UTAH COURT OF APPEALS RAYNA ELIZABETH MINTZ, Appellant and Cross-appellee, v. GLEN RYAN MINTZ, Appellee and Cross-appellant. Opinion No. 20200507-CA Filed…
How do I file a response in a divorce if the summons is invalid?
How do I file a response in a divorce if missing the court’s address for filing invalidates the summons? Be very careful getting cute with procedural technicalities. If you were…
Has anyone ever been able to prove narcissistic abuse in divorce court?
Yes, it happens quite frequently.* What people don’t understand is that finding a spouse is a jerk usually doesn’t amount to much in the divorce action. Most people believe—falsely—that if…
Nix v. Nix – 2022 UT App 83- insufficient evidence of adultery
2022 UT App 83 THE UTAH COURT OF APPEALS JILL NIX, Appellee, v. ROLAND COMPTON NIX JR., Appellant. Opinion No. 20200691-CA Filed June 30, 2022 Fourth District Court, Provo Department…
Is hiding money from your spouse grounds for divorce?
In the age of no-fault divorce, you don’t really need to have a good reason (or any reason at all) to get a divorce. So if your spouse is hiding…
Erring on the side of caution is not merely cowardly, it is evil
Erring on the side of caution is not merely cowardly, not merely corrupt, it is evil. We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than…
In re A.B. – 2021 UT App 91
THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. K.T., Appellant, v.. S.T. AND T.T., Appellees. Opinion No. 20200342-CA Filed August 26, 2021 Third District Juvenile Court, Salt…
Do courts make awards in divorce to “punish” adultery?
Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court…
Can I file for divorce and spousal support after being separated from my husband for 5 years?
This is an interesting question because if you have been financially independent of your spouse during your five year separation that implies that you don't need financial support from your…
How hard did you have to fight to get custody of your child after divorce as a father? What was the biggest problem you faced?
Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the…
My spouse opens accounts in my name, forges my signature. How to stop it?
My spouse opens accounts in my name, steals checks, forges my signature. How do I get my spouse to stop? Without telling me, my spouse opens store accounts in my…
Why do lawyers get paid no matter the results?
Why do lawyers get paid no matter the results? Your question assumes a false fact. Lawyers are not always paid no matter the results. One example is a contingency fee…
2020 UT App 171 – Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, v. BRENDA MILLER, Appellee
2020 UT App 171 - Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, BRENDA MILLER, Appellee. Opinion No. 20190748-CA Filed December 24, 2020 Second District Court, Farmington…
What advice would you give me before divorce, if I’m not in the wrong?
What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…
Why do kids think it’s their fault when their parents divorce?
Why do kids think it's their fault when their parents divorce? Among the things little children believe is that the world reacts to them, exists and functions because of them.…
How do you divorce when your doesn’t want to go through with it?
How do you divorce when your doesn’t want to go through with it? Does it require both parties to cooperate? I cannot speak for all jurisdictions, but here is the…
Are irreconcilable differences the same as an at-fault divorce?
No. There are two kind of grounds for divorce: fault and no-fault. Irreconcilable differences are an example of no-fault grounds for divorce. Before no-fault divorce laws were passed (and every…
Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony
2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The…
What is the easiest way to request alimony in a divorce?
In my jurisdiction (Utah) it would be as easy as making the request in the complaint for divorce, i.e., “Petitioner requests that he/she be awarded alimony.” If by your question…
If a spouse “refuses to sign the papers” is the divorce in limbo?
If a spouse "refuses to sign the divorce papers" would the divorce be in limbo? No. The days of a spouse preventing a divorce due to a refusal to agree…
No-fault and fault-based divorces: what is the difference?
What are the major differences between fault and no-fault divorces and which one should become more universally standard? It used to be that one could not get a divorce without…