Divorce or custody litigation often brings out the worst in people. Some spouses can't resist the urge to play the victim or the hero in every story they tell, especially…
It’s not uncommon during a divorce for one spouse to claim that the other is disparaging them—online, in conversations with mutual friends, or even in front of their children. We…
I. Introduction A psychological evaluation in a custody or divorce case sounds powerful. You may believe (or even know) your spouse to be manipulative, unstable, or even dangerous. So why…
Most parents in Utah assume that when they separate or divorce, the court will start from a position of splitting custody evenly. That’s a reasonable assumption—shared parenting has become the…
In Utah, divorce-related child custody disputes often escalate over parenting flaws that wouldn’t justify state intervention outside divorce. This approach is flawed because it creates a double standard that unfairly…
Most cases don't need a PGAL or evaluator appointment. Why are court interviews often the better choice?: Quality of evidence: Direct court interviews create objective, recorded testimony rather than subjective, unverifiable,…
People rave about Atomic Habits by James Clear. I do not. It’s not a bad book, but not life-changing, at least not for me. Maybe it didn’t move me much…
A single mistake shouldn't cost a parent his or her relationship with his/her child. Yet too often, family courts award sole custody based on isolated incidents or "aberrant behavior" that…
TL;DR: No, not without strict limits. In Utah, no parent may not allow a registered sex offender to be around your children—even in that parent’s own home—without the other parent’s…
If you get divorced in Utah, you may be surprised to learn that you are required—unless you are excused for good cause—to attend at least one session of mediation before…
It is not a matter of beliefs that men are generally (not in every single case, but generally) treated unfairly in divorce. It is a fact. This is why many…
Of the Utah domestic relations commissioners and judges who treat fathers as second-class parents in making temporary and permanent custody and parent-time rulings, they practically gush about the standard for…
A diploma is not a "good for one free job/career" coupon. A college degree is growing more worthless (by every measure—not just as a means to a more lucrative job)…
It depends on what you mean by “yours,” by what you mean by “mine”. First you need to understand that there are two kinds of property in a divorce situation:…
Do you mean to ask, How do deserving fathers fight: for sole child custody? for joint child custody? for equal child custody? Or do you mean to ask: “How do fathers ‘win’ their…
One of the most asked questions about divorce (and biggest source of friction between divorce lawyers and their clients) is how you manage your divorce case while working a full-time…
(most definitions are from or based upon Black’s Law Dictionary, but some are from Utah sources, other sources, or are my own) ADR (alternative dispute resolution). Any procedure for settling…
Subject: Please Fund Courtroom Live Streaming I’m writing to ask that you support the $450,000 one-time funding request to enable live streaming of district court proceedings statewide. Live streaming public court…
See Pusey v. Pusey, 728 P.2d 119-121 (Utah 1986): Opinion DURHAM, Justice: Plaintiff cross-appeals from that portion of the divorce decree awarding custody of the older son of the marriage to defendant…
See Pusey v. Pusey, 728 P.2d 117, 121 (Utah 1986): ZIMMERMAN, Justice (concurring in the result): [I] also believe it is time to discontinue any hint of support for the notion of…
Divorce has many components, one of which often includes litigating in court. Ensuring a fair outcome in your divorce case requires more than just going to court and arguing. One…
Equal physical custody should be awarded far, far more often than it is currently in Utah. There are so many situations in which we have two loving, fit parents who…
If the other parent of your child is withholding court-ordered visitation (often now called “parent-time”) with the child from you, can you solve this problem by circumventing/bypassing having to pick…
In my 28 years’ experience, it’s not common. Indeed, if divorce cases took dramatic turns routinely, they couldn’t be considered dramatic turns. That stated, very true a skilled divorce lawyer…
Divorce is rarely an easy process. Even in fairly amicable situations, emotions can run high and the temptation to engage in dirty tricks can be strong. However, it is possible—and…
I cannot speak as to what the law is on all jurisdictions, but I can answer this question based upon the law of the jurisdiction where I practice divorce and…
In a Utah divorce, retirement assets are often among the most valuable marital assets to divide. Retirement accounts such as 401(k)s, IRAs, pensions, and government or union retirement plans are…
This is a common and important question that arises in a divorce. If you are out of the marital home—whether by court order (such as a protective order) or voluntarily—and…
Some do, some don't. Generally, however, when both parents live in the same neighborhood, so that their children are able to get to school, interact with the same friends, attend…
Preparing for a consultation with a divorce lawyer is an important step in understanding your rights and options. To make the most of your meeting, consider bringing the following: Provide…
In many types of civil litigation, the core issue is not whether time is of the essence, but whether one will eventually recover compensation, and if so, how much. Yes,…
Co-parenting successfully in an equal (50/50) legal and physical custody arrangement requires more than just dividing time. It calls for each parent fostering 1) a strong bond between the child…
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…
Children's perspectives on shared custody arrangements (equal physical custody being one such arrangement) are complex and nuanced, seeing both benefits and challenges to them. Here is what children typically report about…
Simply put, normal children of divorced or separated parents want their parents: not to make custody a turf war. Honor your children’s right to a strong loving and trusting, relationship…
Divorce lawyers generally can't take cases on a contingency fee basis due to ethical rules and practical considerations: Express ethical prohibitions. Utah’s rules of professional conduct explicitly prohibit contingency fees in…
Great question (and follow up questions). What are some types of 50-50 custody? No matter what you call it (whether “50–50” or “50/50″), the meaning is the same: the children…
A fair and equitable divorce is the best that any decent person who goes through the divorce process can honestly hope for. If you know you that you will be dealing…
Does Utah law require divorced or single parents to pay child support in the form of college tuition for their children? Require it? No. Utah does not require divorced or single…
As you know, we’re operating in a drastically different real estate market than we were even a year ago — and it’s impacting divorcing homeowners in unique and challenging ways.…
In theory, collaborative divorce sounds ideal. What is "collaborative divorce"? The two spouses discuss together with their lawyers, mental health professional, financial specialist, and sometimes a child psychologist or development specialist…
Are there any potential drawbacks to switching lawyers, besides the added expenses and inconvenience? There are good reasons to switch lawyers, even if you realize this mid-case. That stated, there…
Contrary to popular belief, Utah law does not, as of the time I write this post (April 2025), presume that the physical child custody award will be equal (50/50). Utah law presumes that legal child…
Where both parents are fit parents and want to be as involved as possible in rearing that child—both out of a personal interest in enjoying parenthood and out of commitment…
My wife had an affair, got caught when she got pregnant by her lover, and then separated from me to move in with him. She had the baby and she…
Question: Should I pay my lawyer to talk to the opposing party’s attorney? He spent 3 hours last week responding to 12 emails from opposing counsel and I need to…
I'm beginning to realize that the amount of subjectivity involved with custody evaluation findings and conclusions is almost absolute, when you have two fit parents; meaning that somebody could ask…
We’ve all heard some version of this story: the dramatic, knock-down, drag-out divorce. Where every move is a power play and every lawyer is part strategist, part saboteur. If you're…
There are actually three different but related types of child support in Utah for divorced and unmarried parents who obtain child support orders either through administrative means or through a…
Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…