Should You Depose Your Spouse During Your Divorce Case? By Braxton Mounteer, Legal Assistant

One of the best evidence-gathering tools that a divorce litigant has at his/her disposal is a deposition. What is a deposition?  To answer that question, you first need to understand that a…

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Hoidal v. Berry – 2024 UT App 157 – Valuation, Separation, Alimony

2024 UT App 157 THE UTAH COURT OF APPEALS MARI HOIDAL, Appellee and Cross-appellant, v. JOHN BERRY, Appellant and Cross-appellee. Opinion No. 20220291-CA Filed October 31, 2024 Third District Court,…

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In re J.M. – 2024 UT App 147 – Termination of Parental Rights

In re J.M. - 2024 UT App 147 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.M., S.M., L.M., AND J.A.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. N.M., Appellant, V. STATE OF UTAH, Appellee. Opinion…

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What May Happen When I Tell the Judge That I Violated a Nocontact Order Because the Paperwork I Received at Court Was Torn and Did Not Say Anything About No Contact?

What will happen? Who knows? What could happen? The court could A) believe your story; B) not believe your story; or C) not believe your story and then come down…

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Musselman v. Keele – 2024 UT App 143 – Bar Complaint – Tortious Interference – Fraudulent Misrepresentation

Musselman v. Keele - 2024 UT App 143 THE UTAH COURT OF APPEALS DAVID MUSSELMAN, Appellant, v. KAMRON KEELE, Appellee. Opinion No. 20220893-CA Filed October 10, 2024 Third District Court, West…

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State v. Williamson – 2024 UT App 141 – Child Pornography

LUTHY, Judge: ¶1 James A. Williamson appeals from his convictions on three counts of sexual exploitation of a minor. He contends that a police search of his residence violated his constitutional…

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How Is It to Divorce When You Get Retired?

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…

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What Are Some Strategies for Divorcing a Selfish, Intelligent, and Manipulative Person Without It Becoming a Messy Legal and Emotional Battle?

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…

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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…

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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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A.W. v. Marelli – 2024 UT App 8 – infliction of emotional distress

A.W. v. Marelli - 2024 UT App 8 THE UTAH COURT OF APPEALS A.W., Appellant, v.  MILLIE MARELLI, Appellee. Opinion No. 20220207-CA Filed January 19, 2024 Third District Court, Salt…

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If You Are Separated and She Wants Her Money for Child Support and Alimony Early Payment for the Child Support, Can She Get It by Taking You to Court?

It appears that your question is: can child support be awarded to a parent even if a divorce or child support action has not yet been filed? If that is…

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I Bought a House, Then Got Married. Me and My Partner Then Divorced. Can She Take the House? This Is in NY.

I am not licensed to practice law in the state of New York, but I will answer your question according to the law of the jurisdiction where I do practice…

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Has Anyone Relinquished Full Custody to Their Spouse to Avoid Putting Their Child Through the 50/50 Split?

I had a weird experience as a lawyer in a situation kind of like the one you’re asking about. The ex-spouse didn’t end up with sole custody of the children,…

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Nelson v. Nelson – 2023 UT App 38 – Claim Preclusion and Child Support

2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The…

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When an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?

Generally speaking (you will need to confer with an attorney who knows the law governing this question in the jurisdiction where you, the other parent, and the child reside), if…

Continue ReadingWhen an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?

In re K.K. – 2023 UT App 13

In re K.K. - 2023 UT App 13 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE.…

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When the Spouse Who Moved Out Does Not Get His Stuff by the Deadline of the Final Divorce Agreement, Can the Other Spouse Who Bought Out Marital Home Keep It or Sell It?

Great question, and one that arises often in divorce. If the decree of divorce provides for what happens to unclaimed/unpossessed property, you would rely on the court’s orders as articulated…

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In a Divorce, Why Do Courts Want to Know About Other Persons Living in the Home, Not Involved in the Divorce and Their Income?

There could be many reasons. Here are a few of the most common (not an exhaustive list, but a list of many reasons why a court may want to know…

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How Do You Get a Divorce That Involves No Children and No Property or Money if You Haven’t Been Able to Find Your Spouse for Almost 10 Years, and Without Having to Hire a Lawyer?

You probably worry that hiring a lawyer will bankrupt you, and so you’re afraid to get the help a good divorce lawyer could be to you. Before you resolve not…

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What Amount of Money Can I Expect to Get Monthly if I Divorce My Husband Successfully and He Has to Pay Alimony and Child Support for One Child (He Makes About 45 Thousand Dollars a Year)?

This is not a good question for Quora. Better for you to consult with an attorney in the jurisdiction where you reside with your husband. It’s worth the money for…

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What happens when the child violates the custody and parent-time agreement and court orders?

One of the increasingly worst kept secrets in Utah divorce and child custody law is the fact that after a certain age, minor children are essentially ungovernable when it comes…

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Can a child who wants to, testify of his/her desires regarding the child custody award?

Am I, as an 11-year-old, allowed to go to court in a situation where my parents are divorced to see if I can get my dad to have full custody…

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What can I do if my ex won’t stop taking me to court?!

My ex has been taking me to court for over 4 years to get my joint custody taken away. Her father worked for the courts for 25 years so she…

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Why do people not complain about people who shouldn’t marry?

Why do people complain about the high divorce rate, but don’t complain about people who shouldn’t marry?  There will never be an effective, morally acceptable way to prevent the following…

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What is the proper way to request a change of the child custody order?

What is the proper language to request a change of the child custody order in family law court? What you want to accomplish is not the kind of thing that…

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What will happen if the child refuses to go with the custodial parent?

What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…

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What are the chances of a mother getting full custody?

In my experienced opinion:  If the fight is over which parent will be awarded sole (full) custody of the children, and if no other factors are considered: the chances of…

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Should I use free family law resources?

Merely use them? I don’t see the harm in being familiar with them. Reading, watching, listening. Learning. That’s a good thing. A very good thing. Being dependent upon only free resources? No. That’s…

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What if a parent sued their child for all the money they spent raising them?

What would happen if a parent were to sue a child for every single penny they spent on raising such a child and the judge were to rule in the…

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How do we counteract the adverse effects of trusting custody evaluators?

The question was asked: In a study in 2012 proved many custody evaluators falsely believe most DV victims lied & alienated kids. So How do you prevent that evaluators report from…

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Does greed also have a role in most divorce cases?

In my experience, yes, in most cases. Not all cases, but most cases. And there are varying degrees of greed reflected in the way people approach their divorce cases. Some…

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How do I get custody back of my child if the custodial parent is not keeping the child safe?

The best way to phrase this question is as follows, “How do I get an order awarding custody of our child to me, if I assert as the basis for…

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Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?

In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have…

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