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…
Your Divorce Lawyer is Serious About Deadlines By Braxton Mounteer, Legal Assistant
Throughout the divorce process you will have to meet many deadlines. The court will even provide you with a list of due dates known as a notice of event due…
What Should I Do if My Divorce Is Not Getting Solved Quickly?
This is a great question. Go find a good (a good, not just any) retired divorce attorney (a divorce attorney, not some other kind of attorney who has no idea…
What Can I Do if My Ex Doesn’t Let My Daughter Come for My Parenting Time Which Is Summer? Our Divorce Is Not Finalized Yet.
I can give you my personal opinion (not legal advice, but my personal opinion) from my perspective as a lawyer licensed in Utah and who practices divorce and family law…
What Are the Options for Someone Who Has Been Served Divorce Papers by Their Spouse Who Has Moved Away and No Longer Wants to Be With Them?
If you want to know your options and have the time to exercise them, then you need to meet with an attorney immediately to find out what the law requires of you,…
Kouri Richins’ Defense Files a Motion to Disqualify Prosecution, Alleging That Her 6th Amendment Rights Were Violated.
According to KUTV, Kouri Richins' defense filed a motion on Friday, May 17, to disqualify the prosecution from the case. To read more about this, click on this link: https://kutv.com/news/local/kouri-richins-defense-skye-lazaro-ray-quinney-nebeker-files-motions-disqualify-prosecution-brad-bloodworth-eric-richins
My Husband Is Forcing Me to Get My Inheritance From Court From My Ex-husband’s (Deceased) Brothers Otherwise He Will Divorce Me. What Should I Do?
Talk to a good (a good) lawyer about whether you even have the right to “inherit” from your ex-husband’s brothers. Unless there are bizarre circumstances at work here, odds are…
Is There Anything I Can Do for Winning Custody After the Gal Report Is Favoring My Ex? Is Paying More to My Attorneys Worth It or No?
After you ask, “Is there anything I can do for winning custody after the GAL report is favoring my ex? Is paying more to my attorneys worth it or no?,”…
Is It Possible to Discredit a Biased Custody Evaluation Full of Unsubstantiated and False Claims?
Yes, it is possible, but not always possible, and when it is possible it is often very difficult to accomplish. Difficult not because custody evaluators are particularly competent (they typically…
Why Your Witness May Not Be As Good As You Think By Braxton Mounteer
I recently went to trial with my boss for a divorce case. One of the things that stuck out to me was that quite often the witnesses people call in…
Quote by Share F. Cullen
"Our laws can be friendly to those who obey them, and too often useful to those who don't." Share F. Cullen
You Reap What You Sow.
I’m Braxton Mounteer, a legal assistant. I've written and talked about this problem before, but it's a recurring problem and a serious one. It's hard enough to muster the courage…
Rejecting Fact for Faith: the Inexplicable and Inexcusable Silencing of the PGAL’s Child Client
When a PGAL (private guardian ad litem) is appointed to represent children in a child custody dispute in a Utah divorce case, it would sure be good to know what…
You Can’t Tell What The Judge Is Thinking By Braxton Mounteer, Legal Assistant
I recently accompanied my boss to the trial of a divorce case. If I had had to place a bet on what the judge was thinking at given moment or…
My Husband Is Forcing Me to Get My Inheritance From Court From My Ex-husband’s (Deceased) Brothers, Otherwise He Will Divorce Me. What Should I Do?
Talk to a good (a good) lawyer about whether you even have the right to “inherit” from your ex-husband’s brothers. Unless there are bizarre circumstances at work here, odds are…
Do Many Women Lie About DV in Divorce and Child Custody Court Cases?
Yes. Many women (not all, but many more than we'd like to believe unquestionably lie and make outright false or grossly exaggerated domestic violence claims. The temptation to tell such…
Mother Made False Accusations Against a Father to Win Custody and Had a Restraining Order Put in Place With No Evidence to Back Her Reason, Can This Be Overturned?
Can it be overturned? It is possible. Will it be overturned? The odds don’t favor Dad. While some fathers who are falsely accused do obtain vindication, the odds are against…