The Stranger in a Robe: 6 Things Divorce Litigants Do to Their Own Detriment
For most who are going through a divorce, whether as the petitioner or as the respondent, they worry about the big, immediate questions: “Who gets the kids? Who gets the…
If Your Spouse Hid Assets by Titling Them in a Parent’s Name, Is That “Smart Protection” or Financial Fraud? How Do You Prove It in Utah Divorce Court?
This is not unusual: a spouse suddenly “doesn’t own anything,” yet somehow pays the taxes, insurance, maintenance, or mortgage on a house that’s titled in Mom’s name. Or money gets…
Can the Amount of Child Support or Alimony Be Lowered or Eliminated if Your Ex Gets Remarried? In a Utah Divorce Case, Maybe.
People often assume that once their ex remarries, financial obligations from the divorce automatically shrink or disappear. It’s not that simple. In short: when it comes to the effects on child…
Proof, Notice, and Verification Under Utah Law in the Context of Minor Child Expenses: A Practical Guide for Proving Child Health Insurance, Medical Expenses, and Child Care Costs
Utah’s child support statutes—now consolidated under Title 81, Chapter 6 of the Utah Code use the term “verification” repeatedly when describing a parent’s duties to provide proof of child health insurance coverage and…
Stephenson v. Stephenson – 2025 UT App 149 – marital expenses
Stephenson v. Stephenson - 2025 UT App 149 THE UTAH COURT OF APPEALS SHAUNA H. STEPHENSON, Appellee, v. KERRY KAY STEPHENSON, Appellant. Opinion No. 20220469-CA Filed October 17, 2025 Third…
The False Economy of the Cheap Divorce Lawyer
A cheap divorce lawyer almost always costs more in the long run. Low-fee lawyers keep prices low by cutting corners (reusing boilerplate, outsourcing analysis and judgment, and rushing cases to…
The Absentee Lawyer Problem: When Your Attorney Isn’t Being Fully Responsible for the Work
The Absentee Lawyer Problem: When Your Attorney Isn’t Being Fully Responsible for the Work A growing number of divorce clients are unknowingly paying for work their lawyer never actually did.…
Building a Credible Alimony Case Without Games or Gimmicks
Divorce is hard enough without turning it into a credibility war. Alimony — what Utah law calls “spousal support” — exists to help a financially disadvantaged spouse transition without being…
What Impact Are Current Economic Conditions Having on Alimony and Property Division Outcomes in Divorce Cases?
If you’re divorcing now, the economy matters more than you may think. Economic forces shape divorce outcomes in Utah. Current economic conditions are having a very real, measurable effect on…
Why Custody Evaluations in Utah Should Be Recorded and Transparent
In Utah today, custody evaluations are often conducted behind closed doors. The evaluator interviews the parents, the children, and collateral witnesses (neighbors, teachers, extended family, therapists, coaches, pastors, etc.), but…
Solar Panels in Divorce Property Sales…a Hot Mess
Guest blog post by Certified Divorce Real Estate Expert Joe Gordon As solar panels become commonplace in property sales, they’re also emerging as one of the messiest complications to navigate…
Utah Motion for Temporary Orders: What They Can Cover, and How to File for One
Utah Motions for Temporary Orders: What They Can Cover, and How to File for One
When a Utah divorce case is commenced, life doesn’t stop while the case is pending. Children still need a consistent schedule. The mortgage, utilities, and insurance bills still come due.…
In Utah divorce cases, an in-person appraisal is the gold standard for home valuation.
What Is the Home Worth in Your Divorce Case?
(Guest post by Broker and Divorce Real Estate Agent Joe Gordon) While popular and easily accessible, automated valuation models (AVMs)—tools like Zillow’s Zestimate, Redfin Estimate, and other algorithm-based home value…
I Can No Longer Afford My Divorce Attorney. What Should I Tell My Attorney? And What Are My Options if I Proceed Without an Attorney in My Divorce Case?
TL;DR: If you can’t afford your Utah divorce attorney anymore, tell him/her immediately. You may be able to arrange a payment plan, switch to limited scope services, or proceed on your…
Is Required Divorce Mediation Under the Utah Code a Waste of Time? By Braxton Mounteer, Legal Assistant
If you get divorced in Utah, you may be surprised to learn that you are required—unless you are excused for good cause—to attend at least one session of mediation before…
Taylor v. Taylor – 2025 UT App 94 – postnuptial agreement and alimony
Taylor v. Taylor - 2025 UT App 94 THE UTAH COURT OF APPEALS JACQUELINE KEMPTON TAYLOR, Appellant, v. MARK BENNETT TAYLOR, Appellee. Opinion No. 20230868-CA Filed June 26, 2025 Third…
How Do I Manage My divorce Case While I work Full-time? By Braxton Mounteer, Legal Assistant.
One of the most asked questions about divorce (and biggest source of friction between divorce lawyers and their clients) is how you manage your divorce case while working a full-time…
What Evidence Should You Request During the Discovery Process in Your Utah Divorce?
Divorce has many components, one of which often includes litigating in court. Ensuring a fair outcome in your divorce case requires more than just going to court and arguing. One…
Is What a Divorce Attorney Charges a Reliable Indicator (Among Others) of His Skill?
What an attorney bills is not a very reliable indicator of skill or of quality representation. Don’t be surprised if the better attorneys charge more generally than the worse ones,…
Do I Receive Alimony if I’m the One to File for Divorce?
I cannot speak as to what the law is on all jurisdictions, but I can answer this question based upon the law of the jurisdiction where I practice divorce and…
Dividing Retirement Assets in a Utah Divorce
In a Utah divorce, retirement assets are often among the most valuable marital assets to divide. Retirement accounts such as 401(k)s, IRAs, pensions, and government or union retirement plans are…
Should You Depose Your Spouse During Your Divorce Case? By Braxton Mounteer, Legal Assistant
One of the best evidence-gathering tools that a divorce litigant has at his/her disposal is a deposition. What is a deposition? To answer that question, you first need to understand that a…
Can a Utah Attorney Take a Divorce Case on a Contingency Fee Basis? If Not, Why Not?
Divorce lawyers generally can't take cases on a contingency fee basis due to ethical rules and practical considerations: Express ethical prohibitions. Utah’s rules of professional conduct explicitly prohibit contingency fees in…
Divorce Listings & Property Condition: Why It Matters More Than Ever
As you know, we’re operating in a drastically different real estate market than we were even a year ago — and it’s impacting divorcing homeowners in unique and challenging ways.…
What are some good (and bad) reasons for changing one’s divorce lawyer mid-case?
Are there any potential drawbacks to switching lawyers, besides the added expenses and inconvenience? There are good reasons to switch lawyers, even if you realize this mid-case. That stated, there…
Should I Pay My Lawyer to Communicate With the Opposing Party’s Attorney?
Question: Should I pay my lawyer to talk to the opposing party’s attorney? He spent 3 hours last week responding to 12 emails from opposing counsel and I need to…
What does “child support” mean in Utah?
There are actually three different but related types of child support in Utah for divorced and unmarried parents who obtain child support orders either through administrative means or through a…
How to Identify and Avoid Some Common Dirty Tricks in Divorce Cases. By Braxton Mounteer, Legal Assistant
Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…
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…
My Husband Cheated on Me Multiple Times. We Don’t Have Any Children. I Want to File for Divorce and Seek Alimony. What Should I Do?
Find the best lawyer you can and start there; meet with a skilled, diligent, honest lawyer and find out about the divorce process, it’s benefits and detriments, its risks and…
How Do You Get 3 House Valuations for a Divorce When Your Ex Has Remained Living in It?
A house does not need to be vacant to be appraised and evaluated. The appraiser(s) can inspect and evaluate the house while you're spouse or ex-spouse is still living there…
Protecting Yourself Against Overcharges by a Divorce Lawyer By Braxton Mounteer, Legal Assistant
Divorce is stressful enough without the added burden of legal fees and worrying about them. So how do you know if you’re being overcharged by your divorce lawyer? Unclear or…
Dutcher v. Dutcher – 2025 UT App 21
Dutcher v. Dutcher - 2025 UT App 21 THE UTAH COURT OF APPEALS DAVID THOMAS DUTCHER, Appellant, v. AUDREY PARK DUTCHER, Appellee. Opinion No. 20230332-CA Filed February 21, 2025 Third District…
Krajeski v. Krajeski – 2025 UT App 19 – Separate vs. Marital property
Krajeski v. Krajeski - 2025 UT App 19 Oral argument (Utah Court of Appeals archive): https://youtu.be/LoIy9N8wThc THE UTAH COURT OF APPEALS TAMI KRAJESKI, Appellee, v. DAVID L. KRAJESKI, Appellant. Opinion No. 20230174-CA…
Shuttle Mediation: What It Is, and Why Most Divorcing Couples Should Avoid It in Favor of a Better Method
What is shuttle mediation (and yes, you’ll want to know before you go to mediation)? Shuttle mediation is a process where a mediator moves back and forth between two parties…
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.…
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…
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…
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…
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,…
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…
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…
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…
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.…
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…
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,…
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…
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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