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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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,…

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2024 UT App 169 – Ward v. McGarry – imputation of income

2024 UT App 169 - Ward v. McGarry THE UTAH COURT OF APPEALS SARA WARD, Appellant, v. MEREDITH MCGARRY, Appellee. Opinion No. 20230365-CA Filed November 15, 2024 Third District Court,…

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Wallace v. Wallace – 2024 UT App 164 – Custody, Non-disparagement

Wallace v. Wallace - 2024 UT App 164 THE UTAH COURT OF APPEALS JAMES DOUGLAS WALLACE, Appellee, v. JOANNA JUNE WALLACE, Appellant. Opinion No. 20220559-CA Filed November 15, 2024 Third…

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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?

Chlarson v. Chlarson – 2024 UT App 160 – Divorce and Military Retirement

Chlarson v. Chlarson - 2024 UT App 160 THE UTAH COURT OF APPEALS JUSTIN THOMAS CHLARSON, Appellant, v. JACQUELINE NICOLE CHLARSON, Appellee. Opinion No. 20230742-CA Filed November 7, 2024 Second…

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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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Lerman v. Lerman – 2024 UT App 155 – Child Custody and Domestic Violence

Lerman v. Lerman - 2024 UT App 155 THE UTAH COURT OF APPEALS DEREK LERMAN, Appellee, v. MICHELLE LERMAN, Appellant. Opinion No. 20230913-CA Filed October 31, 2024 Second District Court,…

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2024 UT App 133 – Bountiful City v. Swenson – Protective Order Violation

2024 UT App 133 - Bountiful City v. Swenson THE UTAH COURT OF APPEALS BOUNTIFUL CITY, Appellant, v. ROBERT TAKASHI SWENSON, Appellee. Opinion No. 20230430-CA Filed September 19, 2024 Second…

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Lunt v. Lunt – 2024 UT App 148 – Alimony, Individual Needs, Business Goodwill

Lunt v. Lunt - 2024 UT App 148 THE UTAH COURT OF APPEALS MEGAN LUNT, Appellee, v. DREW E. LUNT, Appellant. Opinion No. 20220596-CA Filed October 18, 2024 Third District…

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Corn v. Groce – 2024 UT App 84 – Proving Changed Circumstances

Corn v. Groce - 2024 UT App 84 THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court, Farmington…

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Is There a Particular Reason Why One or Both Parties After a Divorce Goes to Extreme Lengths to Make the Other One Look Bad?

Many reasons can account for this (in no particular order of prevalence): Bitterness/Sore loser Revenge/trying to set themselves up for a second bite at the apple in a future petition…

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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…

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Utah Law Question: Discovery Closes in Less Than 28 Days, but Opposing Counsel Just Serve Discovery Requests. Am I Obligated to Respond?

Answer: Almost certainly no. See Dahl v. Harrison, 265 P.3d 139, 2011 UT App 389 (2011). Note: Under the current Utah Rules of Civil Procedure, responses to written discovery requests are due…

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How Do I Divorce My Husband After 37 Years and When I Have No Job?

This is not an easy decision to contemplate for most people of your age. If you married in your twenties, then you are likely at least 57 years old when…

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How Do I Reconnect After Marriage Separation?

Believing that change is inevitable, normal, and survivable. Jonny Thomson made this reel on his Facebook page, “Mini Philosophy,” which I think answers your question about as well as it…

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Divorce and Revenge, by Braxton Mounteer, Legal Assistant.

People divorce for many different reasons, but regardless of the reason or reasons for seeking a divorce, the dissolution of a marriage and the breakup of a family usually causes…

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In Divorce Cases, Does Family Court Usually Favor Mothers?

Yes. Anyone who denies this fact is lying to you. This does not mean that fathers cannot get a fair shake in child custody cases; they can, but most fathers…

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Why Is My Narc Husband Angry When We Discuss Selling the House When We Are Headed for Divorce?

First, for those of you who don’t know what a “narc” is, let’s address that. A “narc” in this context is a narcissistic spouse. Click here for a more detailed…

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Kinsey v. Kinsey – 2024 UT App 120 – Termination of Alimony

Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…

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Is It Time to Recognize “Semi-cohabitation” as a Basis for at Least Reducing the Alimony Award?

Currently in Utah, alimony, the Utah Code provides, at § 30-3-5(11)(a), which will, effective September 1, 2024, be renumbered as § 81-4-504(1), as follows: (11)(a)   The court has continuing jurisdiction…

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Kinsey v. Kinsey – 2024 UT App 120 – termination of alimony

Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…

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What Are Some Reasons Why Someone Might Choose to Stay in an Unhappy Marriage Instead of Getting a Divorce, Even if They Have Children and Are Concerned About the Cost?

There are literally thousands of lists you can find online that do an excellent job of identifying the reasons accurately, clearly, and concisely. I recommend that you find them and…

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What do I have to do to modify the child custody and/or parent-time award?

“I want more time with my children.” “Our children want to spend more time with me.” “My ex-spouse does not exercise the time he/she was awarded with our children.” What…

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Merrill v. Merrill – 2024 UT App 94 – Tax Rate, Expenses, Affect on Income Calculation

Merrill v. Merrill - 2024 UT App 94 THE UTAH COURT OF APPEALS LUTISHA MERRILL, Appellee, v. JOHN RICHARD MERRILL, Appellant. Opinion No. 20210785-CA Filed July 11, 2024 Third District…

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Thorup v. Thorup – 2024 UT App 93

Thorup v. Thorup - 2024 UT App 93 THE UTAH COURT OF APPEALS MONA THORUP, Appellee, v. MARCUS THORUP, Appellant. Opinion No. 20220583-CA Filed July 5, 2024 Third District Court, Salt…

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2024 UT App 84 – Corn v. Groce – Modification of Parent-Time or Custody

2024 UT App 84 - Corn v. Groce THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court,…

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State v. Smith – 2024 UT App 82

State v. Smith - 2024 UT App 82 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. STEVEN TIMOTHY SMITH, Appellant. Opinion No. 20220299-CA Filed May 31, 2024 Fifth…

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If I Agreed to Sign up a Prenup With My Billionaire Husband Does That Mean I Would Not Get Anything Not Even a Dollar?

I can’t speak to what the law governing prenuptial agreements is in any jurisdiction other than the one in which I practice divorce and family law (Utah), but as to…

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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…

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If Your Husband Files for Divorce, Can He Ask You to Leave the House Immediately?

I can't speak for the law in all jurisdictions, but I can tell you what the law is where I practice divorce law (Utah). Can your spouse ask you to…

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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…

Continue ReadingPeople 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?

Holding Marital Property Hostage During a Divorce Just Makes You Look Petty By Braxton Mounteer, Legal Assistant

You may have the idea that you can leverage his or her favorite or most valued things to get a more favorable outcome in your divorce. Holding property that rightfully…

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On What Basis Should the Couple Share Half of Property in Divorce if One Contributes Significantly More Than the Other? How Is It Fair?

It’s fair. It’s not fair. Frankly, reasonable minds can differ on this question. The governing principle in the USA is still (though it’s subtly and slowly changing) in most jurisdictions…

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Should You Stay Friends with Your Former Spouse? By Braxton Mounteer

Whether you should be or try to be friends with your spouse after a divorce is a tough question to answer. Many divorced people continue to care about each other…

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Second-Hand Testimony Is and Never Will Be Better Than the Witness’s Own Testimony in His/Her Own Voice

For lawyers and parents (and perhaps even commissioners and judges) who hate child custody determinations (temporary or otherwise) based upon proffer, I share this with you: This court has previously…

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What Could Be the Reasons for Someone to Return to an Abusive Partner After Filing for Divorce and Leaving Them Once Before? Why Would They Also Leave Their Children Behind?

Good reasons? Or any and all reasons? In no particular order: The abuse is not bad enough (or perceived as not bad enough) to justify terminating the relationship. Otherwise stated,…

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My Wife Is Divorcing Me Because I Am Not Rich Enough. She Said It Will Take Me Years to Make Her Feel Financially Secure. I Was There for Her When She Had Mental Breakdowns. What Should I Do?

If your wife really is divorcing you, and not merely threatening to divorce you, because 1) you are not rich enough to suit her, and 2) you are not a…

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2024 UT App 54 – Tilleman v. Tilleman – custody factors, income, fees

2024 UT App 54 - Tilleman v. Tilleman THE UTAH COURT OF APPEALS MICHAEL ROBERT TILLEMAN, Appellant, v. MICHAL CHRISTINE TILLEMAN, Appellee. Opinion No. 20210637-CA Filed April 11, 2024 Fourth…

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