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…
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…
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…
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…
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…
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…
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…
Usually painful. Perhaps in some ways that are a little different from the pain one would suffer when divorcing young, but still painful. Retirees suffer a unique pain in the…
DIY litigation is difficult in almost every situation. Divorce and family law is no different. You will likely save time and money by hiring a good (a good) attorney in…
Spouses of selfish, intelligent, and manipulative people who want to avoid a messy legal and emotional battle are not telling the whole truth about what they want. Implicit in what…
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…
You’re asking the wrong question first. Your first question should not be, “How long should I wait before I file for a divorce?,” but “*Should* I even file for a…
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…
During the course of a marriage, you will accumulate marital property, and during your divorce, you will need to divide those items. You may be tempted to bicker over every…
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…
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…
Paragraph 6 of your financial declaration addresses your after-tax income. Your after-tax income is a simple calculation. Take your gross monthly income (calculated in paragraph 4) and subtract your monthly…
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…
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…
During a divorce case, one parent or the other often claims that parental alienation or parental estrangement is occurring. Whether the claim is true does not stop these terms from…
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…
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.…
Honestly and sensitively. This is likely going to be a discussion this child remembers for the rest of his/her life, a parent in this position will need to choose his/her…
This is an area where the laws differ substantially from jurisdiction to jurisdiction. To know what options may be available to you in your jurisdiction, you need to consult with…
Paragraph four of your financial declaration deals with your gross monthly income. Your gross monthly income is your income from all sources. This includes, your income from employment, your work,…
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 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…
This question is best answered in two parts. Can a husband dictate what his wife “must do” to reconcile with him? Obviously he cannot. Reconciliation is a mutual decision. Even…
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…
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,…
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…
Did you know that if you are not fluent in English and have a court date coming up, the court will provide you with an interpreter IF you make the…
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…
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…
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…
Always? No. Frequently? Yes. Usually. Yes. Whether they deserve it or not? Usually, yes. Are mothers awarded custody of children as much as they used to be a generation or…
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…
Have you ever heard that having a child will fix certain problems in marriage? That it will help bring a couple in a strained marriage closer together and thus fix,…
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…
2024 UT App 51 - Bailey v. Bailey THE UTAH COURT OF APPEALS AMY L. BAILEY, Appellee, v. DANNY RAY BAILEY, Appellant. Opinion No. 20220534-CA Filed April 11, 2024 Second…
2024 UT App 28 - Smith v. Smith THE UTAH COURT OF APPEALS JACQUELINE P. SMITH, Appellee, v. DANIEL H. SMITH, Appellant. Opinion No. 20220697-CA Filed March 7, 2024 Third…
If you’re anything like I am, you don’t like being ignorant and confused about terms aren’t familiar with and do not understand. If you are contemplating divorce or find yourself…
Holt v. Holt - 2024 UT App 6 THE UTAH COURT OF APPEALS RHONDA S. HOLT, Appellee, v. CHRISTOPHER JOHN HOLT, Appellant. Opinion No. 20220090-CA Filed January 11, 2024 Third…
Clark v. Clark - 2023 UT App 111 THE UTAH COURT OF APPEALS SUSAN JEANNE CLARK, Appellee, v. RICHARD LEE CLARK, Appellant. Opinion No. 20210713-CA Filed September 28, 2023 Fourth…
Blake v. Smith - 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20,…
2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…
rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t…
From KSL.com: New Utah law brings confusion, contention for some divorced parents this holiday season https://www.ksl.com/article/50538686/new-utah-law-brings-confusion-contention-for-some-divorced-parents-this-holiday-season Utah Family Law, LC | divorceutah.com | 801-466-9277
2022 UT App 145 THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20210073-CA Filed December 22, 2022 Second District Court, Morgan Department…
Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I'm a stricter parent unlike my…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
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