It Tolls for Thee: The All Too Frequent Tragic Cost and Futility of Family Court
“Quid rides? Mutato nomine et de te fabula narrator. [Why do you laugh ? Change only the name and this story is about you.]” Here’s a deeply disturbing but all…
Proposed Utah Family Law Legislation I’m Following During the 2025 Session
There are many bills before the Utah Legislature during their 2025 session that I’m particularly interested in and that I am following. One of them is House Bill 33. HB…
How Do You Fight an Attorney Who Keeps Asking for and Obtaining Continuances in a Family Court Case?
An unscrupulous opposing party and his/her attorney can find many benefits to delaying the progress of a pending court case, so it comes as no surprise if and when you…
In What Specific Ways Can a Family Law Attorney Take Advantage of a Pro SE Party in a Divorce Case?
Most predictably and intuitively: They can take advantage of their greater knowledge of the law and court rules to make better arguments and to outmaneuver you in a case, whether…
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…
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,…
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…
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…
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…
What Are the Material Differences Between a Lawyer and an Attorney?
In common usage in the United States, there is effectively no material difference between the terms "lawyer" and "attorney"—they are generally used interchangeably. However, there are some technical distinctions worth…
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,”…
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 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…
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…
“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…
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…
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)…
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,…
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…
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…
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…
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…
2024 UT App 158 – State v. Campbell – Stalking
2024 UT App 158 - State v. Campbell THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. RHUAN CAMPBELL, Appellant. Per Curiam Opinion No. 20230192-CA Filed November 7, 2024 Third…
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…
If a Parent Refuses to Work, Does That Mean the Other Parent Pays Higher Child Support?
In Utah, a parent is not required to have a job and it's likely that a court cannot order a parent to get a job and earn money. If that parent…
I Know I Should Get a Divorce, but I Don’t Have the Courage to Do So. What Do I Do Now?
We are not meant to be alone. We are meant to be married and to have a family. This is why losing/ending a marriage (and breaking up a family, if…
How to Pronounce Certiorari and What It Means.
Today’s question comes from a viewer of the UFTLV channel who wants to know not only what this term means, but how it is properly pronounced! First, the definition: an…
What Are the Key Things You Should Do Protect Yourself During a Divorce?
This is one of the most important questions you need to ask and to answer if you are contemplating divorce or find yourself on the receiving end of a complaint…
I Have a Question About Whether to Divorce.
I decided to divorce my husband of 10 years after years of neglect and feeling unloved. We have a 6-year-old daughter. For the majority of our marriage I was always…
When Should You Settle Your Divorce Case? By Braxton Mounteer, Legal Assistant
Over the course of your divorce, you may be tempted to throw in the towel and give up. You may also be tempted to fight to your last breath. Either…
Two Reforms (Of Many) That I Suggest Are Likely Not What You Think They Would Be.
In my opinion (as a divorce and family law attorney for the past 27 years), a “less is more” approach is needed at this point. What do I mean? For…
If I Got Married Today and My Husband Moved Into My House, if We Get Divorced in 5 Years, Will I Have to Give Him 50% of My House?
Great question (the answer will likely scare you and drive you nuts, but it’s a great question). Divorce court is, in many respects, the wild west. No matter what jurisdiction…
Are You Prolonging Your Divorce? By Braxton Mounteer, Legal Assistant
Almost all people going through a divorce say they want the case disposed of as soon as possible, but I have found that most people slow the process down for…
How Do You Enforce Court Orders That Have Been Issued in a Utah Divorce Case or Child Custody Case?
Many people who have gone through a divorce case or unmarried parents who have gone through a child custody case find themselves at the end of the case with a…
What Do Judges Like and Not Like to Hear at Custody Hearings With High Conflict Parents Who Will Not Agree on Custody Terms?
Many attorneys and parents who have been through child custody and parent time disputes before will give you some basic and sound advice; specifically, 1) ensure that your arguments have…
How to Fill Out Your Financial Declaration, Paragraph Five. By Braxton Mounteer, Legal Assistant
Paragraph five of your financial declaration is about the amount of taxes on your monthly income that you pay per month (or what the average monthly deduction from your income…
Can’t I Claim an Offset or Credit for the Children’s Other Expenses That I’ve Paid?
My ex-spouse is the primary custodial parent, and I am ordered to pay child support. My ex wastes child support money and/or doesn't spend it on the needs of our…
My Ex and I Have Joint Custody, but He Hasn’t Been Letting Me See My Child for a Couple of Months Now. Will He Lose Custody if I Go Back to Court and Tell Them About This?
I’ll assume that what you mean by “my ex and I have joint custody” is you and your ex share physical custody of your child. I’ll also assume that in…
Can What I Post on Social Media Be Used Against Me in a Divorce Case?
Yes. Yes, it can. This does not mean that everything you post on social media will be used against you. Some statements on social media are pretty hard to find fault…
What About My Children? Can They Use Social Media During My Divorce?
Unless the law of your jurisdiction or a court order in your particular case prohibits your children from viewing or posting on social media during the pendency of the divorce…
My Spouse Refuses Divorce but I Need to Be Divorced. My Spouse Says He/She Will Make My Life and the Kids’ Life Hell if I Leave. I Don’t Want to Spend a Fortune on a Lawyer.
Are you a churchgoer? Are you a member of a church? If so, your church may have resources available to members to help them with various legal concerns or problems.…
What Is Dissipation of Marital Assets? How Is It Addressed in Utah Divorce Actions?
We’ll start with this: The marital estate is generally valued at the time of the divorce decree or trial. Goggin v. Goggin, 2013 UT 16, ¶ 49, 299 P.3d 1079. The…
I Want to Divorce but I Have a Kid and I Have Nowhere to Go. What Can I Do? We Are From Different Countries, and We Got Married in His Country. I Left My Family and Friends Come To Join Him.
I don’t know in what country you reside, but if you can safely consult with a divorce attorney there, you need to start your research into whether a realistic path…
Taking Your Divorce Case to Trial Requires Just as Much from You as It Does of Your Lawyer, By Braxton Mounteer, Legal Assistant
Taking your divorce case to trial is almost always a long, complicated, and emotionally exhausting process. You may be tempted to believe you can leave all of the work to…
People Who Are Getting an Extremely-Contested Divorce W/O Paying for Lawyers, Need Step-By-Step Directions in Their State! If There Were Uncontested Divorces, There Would Be No Divorces at All, Because Both Partners Would Be Getting Along Perfectly?
Sure, they need that. It is a great idea. Where there is a demand to be filled, markets arise to fill them. It would be a great benefit to people…