Do you wonder whether your divorce lawyer is ignoring what really matters in your divorce or custody case? With this post you will learn why your concerns may be legally…
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…
Ross v. Kracht - 2025 UT 22 IN THE SUPREME COURT OF THE STATE OF UTAH JULIE ROSS and GERALD ROSS, Appellees, v. STEVEN KRACHT and DENIELLE KRACHT, Appellants. No. 20230389…
In re Adoption of B.C. - 2025 UT 23 IN THE SUPREME COURT OF THE STATE OF UTAH In the Matter of the Adoptions of B.C., K.J.C., D.W.C., and B.C.,…
2025 UT App 105 THE UTAH COURT OF APPEALS DEBRA JEAN REAM, Appellant, v. JACOB M. REAM, Appellee. Opinion No. 20230799-CA Filed July 10, 2025 Fourth District Court, Provo Department…
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…
Taylor v. Taylor - 2025 UT App 94 THE UTAH COURT OF APPEALS JACQUELINE KEMPTON TAYLOR, Appellant, v. MARK BENNETT TAYLOR, Appellee. Opinion No. 20230868-CA Filed June 26, 2025 Third…
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 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…
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…
Beverlin v. Beverlin - 2025 UT App 72 THE UTAH COURT OF APPEALS STEVEN K. BEVERLIN, Appellee, v. GAIL W. BEVERLIN, Appellant. Opinion No. 20230597-CA Filed May 22, 2025 Second…
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…
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…
This opinion is subject to revision before final publication in the Pacific Reporter In re D.S. - 2025 UT 11 IN THE SUPREME COURT OF THE STATE OF UTAH STATE…
This question perennially arises at graduation time, and it’s graduation time when I write this post. Unless your Utah-issued decree of divorce contains provisions for child support that deviate from…
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…
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…
A house does not need to be vacant to be appraised and evaluated. The appraiser(s) can inspect and evaluate the house while you're spouse or ex-spouse is still living there…
When you're involved in a family law matter whether it's a divorce, child custody dispute, or a spousal support issue, one of the most frustrating challenges to encounter is an…
The decisions to marry and to end a marriage are not decisions to be taken lightly. If divorce is ever an easy choice, something is terribly wrong. Wrong with the…
2025 UT App 43 THE UTAH COURT OF APPEALS VICKI JO NELSON, Appellee, v. JAMES Q. NELSON, Appellant. Opinion No. 20230483-CA Filed March 27, 2025 Third District Court, Salt Lake…
As soon as we start treating people differently, two things happen: 1) the idea of people being treated equally goes out the window and 2) everyone starts claiming, “My case…
It is common for many to be dissatisfied with the results of their family law cases. No matter how hard they fought or how long they worked at it, sometimes…
Several important provisions are frequently overlooked in divorce decrees, despite their significant impact on post-divorce life. If you are contemplating divorce, but have not considered these issues yet, thinking them…
Do judges in family court actions have the ability to jail parents who have not complied with parts of the custody order for contempt? Yes. What are the limitations on…
This is a good question because the way you have posed the question reflects the problem many people have with the legal system. Your feeling may stem from the court…
In re I.C. - 2025 UT App 20 2025 UT App 20 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF I.C., A PERSON UNDER EIGHTEEN YEARS…
With rare exception, the correct answer to any yes/no question (also known as a polar question) in your family law proceeding is: “yes,” “no,” or “I don’t know/I don’t remember”…
There are many bills before the Utah Legislature during their 2025 session that I’m particularly interested in and that I am following. One of them is House Bill 33. HB…
An unscrupulous opposing party and his/her attorney can find many benefits to delaying the progress of a pending court case, so it comes as no surprise if and when you…
Most predictably and intuitively: They can take advantage of their greater knowledge of the law and court rules to make better arguments and to outmaneuver you in a case, whether…
I like this idea (House Bill 281) https://le.utah.gov/Session/2025/bills/static/HB0281.html Do you like it too? If not, I'd like to know why. Schools are being asked to provide services that have nothing…
In re K.M. - 2025 UT App 17 Oral argument (Utah Court of Appeals archive): https://youtu.be/e8OUzlARvZk THE UTAH COURT OF APPEALS IN THE INTEREST OF K.M., A PERSON UNDER EIGHTEEN…
What is shuttle mediation (and yes, you’ll want to know before you go to mediation)? Shuttle mediation is a process where a mediator moves back and forth between two parties…
2025 UT App 12 - Schmidt v. Petersen 2025 UT App 12 THE UTAH COURT OF APPEALS STEPHEN EDWARD SCHMIDT, Appellant, v. KYLE JEFFERY PETERSEN, Appellee. Opinion No. 20230287-CA Filed…
In divorce litigation, strong, compelling evidence is the cornerstone of successfully navigating critical legal determinations. When significant issues such as child custody, child support, property division, marital debt allocation, and…
In your divorce case, you, your spouse (or other parent) and your children may be required to undergo a custody evaluation. The custody evaluation is governed by Utah Code of Judicial Administration Rule…
2024 UT App 185 - In re D.A.T.R THE UTAH COURT OF APPEALS IN THE MATTER OF D.A.T.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.K., Appellant, v. T.K. AND…
"Government ought to be all outside and no inside. . . . Everybody knows that corruption thrives in secret places, and avoids public places, and we believe it a fair…
Staszkiewicz v. Thomas - 2024 UT App 183 THE UTAH COURT OF APPEALS MADISON STASZKIEWICZ, Appellee, v. TIFFANY N. THOMAS, Appellant. Opinion No. 20230229-CA Filed December 12, 2024 Third District…
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,…
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,…
In re Adoption of K.R.S. - 2024 UT App 165 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF K.R.S., A PERSON UNDER EIGHTEEN YEARS OF AGE.…
State v. Hughes - 2024 UT App 168 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. DAYMIAN MARTIEZ HUGHES, Appellant. Opinion No. 20220640-CA Filed November 15, 2024 Third…
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…