Why Are We Hiring a Montblanc to Do a BIC Pen’s Job?
The strange economics of divorce mediation A Montblanc pen may be beautifully made and worth every penny to someone who wants one. But if the job is signing your name,…
The Innocent Signature That Creates an Indefinite Trap
Signing Form I-864 is a life-altering federal commitment. A Utah divorce decree court cannot terminate your obligation to support an immigrant ex-spouse, and ordinary prenuptial agreements and alimony waivers generally will…
Wilson v. Wilson: Utah Court of Appeals Enforces Divorce Mediation Settlement Agreement
Wilson v. Wilson - 2026 UT App 72 THE UTAH COURT OF APPEALS LISA A. WILSON,Appellant, v. BRAD J. WILSON, Appellee. Opinion No. 20240444-CA Filed May 7, 2026 Third District…
Arbitration–Mediation in Utah Divorce and Family Law: What It Is and When It Works Best
TL;DR: Arbitration–mediation (arb-med) in Utah divorce and family law starts with arbitration, then gives the parties a final chance to settle in mediation before the arbitrator’s decision becomes binding. It saves…
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…
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…
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…
Blanket prohibitions on child testimony in custody and parent-time disputes are irrational and irresponsible
Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…
Special masters, parent coordinators, and the infantilization of parents
Special masters and parent coordinators (and co-parenting therapists, co-parent coaches/consultants, and their ilk) were invented for the purpose of unburdening courts from some of the conflict associated with domestic relations…
What Must the Juvenile Court Consider on a Petition to Terminate a Parent’s Parental Rights?
Before terminating a parent’s rights, the court must find that termination is “strictly necessary to promote the child’s best interest.” This analysis must be undertaken from the child’s point of view.…
As a Joint Legal and Physical Custodial Parent, Can I Legally Prevent the Other Parent From Going on a Vacation (Either Out of State or Out of the Country) With Our Child or Children?
Unless a court were to order that a parent was barred from traveling out of state or out of the country with the children on vacation, a joint legal and…
Taylor v. Taylor – 2022 UT 35 – Divorce Arbitration
IN THE SUPREME COURT OF THE STATE OF UTAH DAVID JENKINS TAYLOR, Appellant, v. JILL MARIE TAYLOR, Appellee. No. 20191090 Heard: April 13, 2022 Filed August 18, 2022 On Certification…
Why would a court/judge want the opposing parties to settle?
Why would a court/judge want the opposing parties to settle? Because if the parties settle, then the judge does not have to preside over a trial in the parties’ case.…
Are older lawyers better?
Are older lawyers better? If by “older” you mean lawyers who are not fresh out of law school, the answer is: almost always yes. They don’t teach you how to…
When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)?
When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)? In Utah, where I practice divorce…
Some trade-offs are unavoidable
From Seth Godin: The magic of trade-offs If you make a laptop more powerful, the battery life will suffer and it will get heavier too. Trade-offs. If you make a…
How can I turn arguments into negotiations and agreement?
How can I turn arguments into negotiations and agreement? If you could only read and apply one book on the subject, I would recommend “Start with No,” by Jim Camp.…
How much does a collaborative divorce cost?
How much does a collaborative divorce cost? Too much, generally. Odds are that if you attempt to settle your divorce through what is called the “collaborative law” process your experience…
2019 UT App 207 – Peeples v. Peeples – modification of child custody
2019 UT App 207 - THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt…
Can you tell the judge to award no alimony if both parties agree and settle?
Well, you can’t dictate to your judge as to what your judge will do, but if you and your spouse agree that no alimony will be awarded and then tell…
Why doesn’t family law immediately use collaborative law practices to reach decisions?
Because 1) paradoxically, those for whom the true collaborative law process would work best are those who really don’t need collaborative law; and 2) “collaborative law” as it is practiced (as opposed to how…
Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement
2019 UT App 106 - Janson v. Janson - setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed…
A real client’s questions about divorce settlement and mediation
Here is a real client’s questions about divorce settlement and mediation. Don't worry, I've removed the names and changed out the details to protect confidentiality. This client asked a lot…
A Spouse’s Questions about the Divorce Mediation Process
Questions: If we go to mediation, can I hire an attorney after to review the documents from mediation before I sign anything? What if I hire an attorney before we…
Divorce is on the horizon for my parents. What do I do?
Mom is treating Dad so bad that I think a divorce is on the horizon. Nobody is supportive. What do I do as a son? Love and support your parents,…
What is the best way to get the courts to follow the laws already on books and the constitution for custody battles?
What is the best way to get the courts to follow the laws already on the books and the constitution for custody battles? To be frank, in my opinion there…
5 Things Divorce Will Never Save You From
5 Things Divorce Will Never Save You From Make sure you know what you're doing before you make a decision you can't undo. Are you feeling frustrated, unsatisfied, and even…
Can I sue for the child support I paid after our child started living with me?
QUESTION: Can I sue my child's mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code…
Are Settlement Negotiations in a Divorce Case Admissible Evidence?
Is there a legal remedy where an ex-husband and wife in the middle of a custody battle can speak freely and off the record through their lawyers without fear of…
Can I Negotiate with My Spouse, If My Spouse Has a Lawyer?
Is there a legal remedy where an ex-husband and wife in the middle of a custody battle can speak freely and off the record through their lawyers without fear of…
How can I speak freely and off the record with my spouse without what’s I say being used against me?
QUESTION: Is there a legal remedy where an ex-husband and wife in the middle of a custody battle can speak freely and off the record through their lawyers without fear…