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…

Continue ReadingShuttle Mediation: What It Is, and Why Most Divorcing Couples Should Avoid It in Favor of a Better Method

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.…

Continue ReadingCan I Buy a House Before or While Going Through a Divorce? Should I?

Comparatively Fewer Proposed Family Law Legislation for the Utah Legislature 2025 Session

2025 has comparatively fewer proposed family law bills that in recent years, but there are still some important and interesting proposals. Here is a list of the proposed bills pertaining…

Continue ReadingComparatively Fewer Proposed Family Law Legislation for the Utah Legislature 2025 Session

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…

Continue ReadingWhat 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?

Too Many Fraudulently Sought Protective Orders? – The Buck Stops with the Courts

I humbly and respectfully submit that the following clearly do not meet the burden of proof under the preponderance of evidence standard and thus do not support entry of a…

Continue ReadingToo Many Fraudulently Sought Protective Orders? – The Buck Stops with the Courts

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,…

Continue ReadingToward Equal Child Custody Awards in Utah: Progress Made and Still to Be Made

2025 UT App 12 – Schmidt v. Petersen – civil stalking – burden of proof

2025 UT App 12 - Schmidt v. Petersen 2025 UT App 12 THE UTAH COURT OF APPEALS STEPHEN EDWARD SCHMIDT, Appellant, v. KYLE JEFFERY PETERSEN, Appellee. Opinion No. 20230287-CA Filed…

Continue Reading2025 UT App 12 – Schmidt v. Petersen – civil stalking – burden of proof

2025 UT App 14 – State v. Taylor – Sodomy on Child – Biased Jurors

2025 UT App 14 - State v. Taylor THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. ERIC ALAN TAYLOR, Appellant. Opinion No. 20220712-CA Filed January 30, 2025 Second…

Continue Reading2025 UT App 14 – State v. Taylor – Sodomy on Child – Biased Jurors

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…

Continue ReadingHow Does Fraudulently Filing for a Protective Order Often Give the Applicants an Insurmountable Unfair Advantage in a Divorce or Child Custody Case?

The Difference Between Reunification Therapy and Family Systems Therapy By Braxton Mounteer, Legal Assistant

Families often find themselves having to confront their conflict and dysfunction when a divorce is filed. When families face conflict or dysfunction, therapy can (can, not always will, but can)…

Continue ReadingThe Difference Between Reunification Therapy and Family Systems Therapy By Braxton Mounteer, Legal Assistant

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…

Continue ReadingToo Many Fraudulently Protective Orders? – The Buck Stops with the Courts

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…

Continue ReadingThe Cause of “Protective Orders Disorder” and Its Cure

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…

Continue ReadingThe Cause of “Protective Orders Disorder” and How to Prevent It.

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…

Continue ReadingWhat is Good Evidence in Divorce Proceedings, and What Critical Role Does It Play?

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…

Continue ReadingEvidentiary Practice in Family Law Proceedings in Utah: A Relaxed Standard

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…

Continue ReadingA Better Approach to Acquiring Child Testimonial Evidence in Child Custody Disputes

The Pros and Cons of Having Your Spouse Investigated by a Private Investigator During a Divorce in Utah. By Braxton Mounteer, Legal Assistant

Many individuals in a divorce consider hiring a private investigator, hoping to uncover information that could affect the outcome of the case. While hiring a private investigator (PI) may seem…

Continue ReadingThe Pros and Cons of Having Your Spouse Investigated by a Private Investigator During a Divorce in Utah. By Braxton Mounteer, Legal Assistant

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,”…

Continue ReadingIf 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?

It Has Been Suggested That We Have a Special Master Appointed in Our Case. ‘Good Idea?

No, and I’ll tell you why in the context of discussing a newly proposed Utah Rule of Civil Procedure which would be Rule 53A, entitled “Special masters for parenting disputes…

Continue ReadingIt Has Been Suggested That We Have a Special Master Appointed in Our Case. ‘Good Idea?

The Prejudicial Impact of False Abuse Accusations on Husbands and Fathers in Utah Divorce and Custody Disputes

Child custody disputes between parents (whether in a divorce case or between unmarried parents) are among the most bitterly fought cases, as parents fight over the right to be integral…

Continue ReadingThe Prejudicial Impact of False Abuse Accusations on Husbands and Fathers in Utah Divorce and Custody Disputes

What Legal Safeguards Exist to Prevent Abuse of Domestic Violence Restraining Orders?

I am a divorce and family lawyer. So I know that there are laws on the books in my jurisdiction (Utah) and in other jurisdictions throughout the U.S. that make…

Continue ReadingWhat Legal Safeguards Exist to Prevent Abuse of Domestic Violence Restraining Orders?

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…

Continue ReadingThe Overreach of Utah Courts in Ordering Therapy in Divorce and Child Custody Cases

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…

Continue ReadingHow Do I Know If My Custody Evaluator and Custody Evaluation Are Any Good? By Braxton Mounteer, Legal Assistant

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…

Continue ReadingTimeline of a Typical Utah Divorce Case: From Start to Finish

What Is the Real Reason Divorce Rates Are So High in the Western World?

So many in the Western world who could be happily married have lost sight of the purpose of marriage, and so their marriages end in divorce not because of any…

Continue ReadingWhat Is the Real Reason Divorce Rates Are So High in the Western World?

Why Wouldn’t I Speak Freely With a Law Enforcement Officer if I Have Nothing to Hide and the Officer Seems Sincere in His Questioning?

There are some genuinely nice men and women serving in law enforcement. That stated, any time when a law enforcement officer is asking you questions, be aware that 1) law…

Continue ReadingWhy Wouldn’t I Speak Freely With a Law Enforcement Officer if I Have Nothing to Hide and the Officer Seems Sincere in His Questioning?

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…

Continue ReadingWhat Should I Do if My Husband Wants to Divorce Me for Not Giving Him Children?

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,…

Continue ReadingShould You File an Appeal in Your Divorce Case, If You Are Not Happy with the Result at Trial? By Braxton Mounteer, Legal Assistant

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…

Continue ReadingYour divorce Case Deadlines Will Not Wait By Braxton Mounteer, Legal Assistant.

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…

Continue ReadingIf My Ex-husband Quit His Job to Avoid Alimony Does He Still Have to Pay Alimony?

“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…

Continue Reading“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.”

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…

Continue ReadingExcluding the Public from Divorce Court Hearings and Trials Does More Harm than Good

Absolute Opposition to Recording Child Interviews in Child Custody Dispute Cases Is Groundless.

[Full disclosure: I make no secret of the fact that I have yet to encounter a custody evaluation conducted in Utah that is not pseudo-scientific, incompletely and incompetently documented, and…

Continue ReadingAbsolute Opposition to Recording Child Interviews in Child Custody Dispute Cases Is Groundless.

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)…

Continue ReadingWhen Should You Get a Lawyer to Look At Your Case?

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…

Continue ReadingHow Can Family Courts Claim to Comply With the Equal Protection Clause When Fathers Receive Primary Custody in Less Than 20% of Cases?

How Much Can You Stretch The Truth In Your Testimony? By Braxton Mounteer, Legal Assistant

Many people believe that everyone bends the truth from time to time. While the typical “no, that dress does not make you look fat” white lie in your everyday interactions…

Continue ReadingHow Much Can You Stretch The Truth In Your Testimony? By Braxton Mounteer, Legal Assistant

What to Do When Your Ex Is Threatening to Take Me Back to Court to Change Custody or Reduce Parent-Time

I get calls about this frequently from former and from brand new clients: it may have been half a year or more since the child custody case was resolved, either…

Continue ReadingWhat to Do When Your Ex Is Threatening to Take Me Back to Court to Change Custody or Reduce Parent-Time

Is It True That Some Men Pay Their Wives to Avoid Giving up Their House During Divorce Proceedings or Other Agreements?

Yes, it’s true; this happens sometimes. But more broadly speaking, there are all kinds of situations in divorce where both husbands and wives, fathers and mothers make extortionate deals to…

Continue ReadingIs It True That Some Men Pay Their Wives to Avoid Giving up Their House During Divorce Proceedings or Other Agreements?

Can a Parent Send a Third Party for Child Pick Up for Parenting Time if It’s Not a Part of a Utah Custody and Parent-Time Court Order?

If there is no court order that addresses and controls the question of who can pick up or drop off the children in connection with custody and parent time exchanges,…

Continue ReadingCan a Parent Send a Third Party for Child Pick Up for Parenting Time if It’s Not a Part of a Utah Custody and Parent-Time Court Order?

Small v. Small – 2024 UT App 173 URE 408 and statute of frauds

Small v. Small - 2024 UT App 173 THE UTAH COURT OF APPEALS NATHAN DALE SMALL, Appellant, v. TRISHA DAWN SMALL, Appellee. Opinion No. 20230487-CA Filed November 29, 2024 First…

Continue ReadingSmall v. Small – 2024 UT App 173 URE 408 and statute of frauds

A Third Party Refused to Return Child to the Child’s Mother, the Sole Custodian. So Mother Called Law Enforcement Seeking Assistance. But They Refused to Get Involved Saying It’s a Civil Matter. Is That True?

I can't speak to what the law is in all jurisdictions, but I can speak to what the law is in Utah on this subject based upon my experience and…

Continue ReadingA Third Party Refused to Return Child to the Child’s Mother, the Sole Custodian. So Mother Called Law Enforcement Seeking Assistance. But They Refused to Get Involved Saying It’s a Civil Matter. Is That True?

The Voice of Reason in a Discussion of Domestic Violence and Child Custody

On October 31, 2024, the Utah Court of Appeals issued it opinion in the case of Lerman v. Lerman (2024 UT App 155). It is a decision Utah sorely needed for how to…

Continue ReadingThe Voice of Reason in a Discussion of Domestic Violence and Child Custody

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,…

Continue ReadingIs Trial In Your Utah Divorce Case a Boxing Match or an Audition? By Braxton Mounteer

What is Your Best Negotiating Trick?

Once I realized that “negotiating trick” is just a synonym for “manipulation,” at best and “fraud” at worst, I stopped employing such tricks in negotiations. You wouldn’t want to be…

Continue ReadingWhat is Your Best Negotiating Trick?

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…

Continue ReadingChild Support in Utah

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…

Continue ReadingIf 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?

Is There a Viable Alternative to a Custody Evaluation?

Do you find yourself involved in a child custody dispute (whether in a divorce case or a parentage/paternity action? If so, has your spouse or your attorney may have proposed…

Continue ReadingIs There a Viable Alternative to a Custody Evaluation?

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…

Continue ReadingDo You Really Think That the Institution of Marriage Should Be Dissolved, Keeping In Mind the Current Rate of Divorces and Infidelities?