Utah Law Does Not Bar Children From Testifying—Even When a PGAL Is Appointed
Utah law allows a child to be represented by an attorney—either a guardian ad litem (GAL) when there are allegations of child abuse, or by a private guardian ad litem…
If Your Spouse Hid Assets by Titling Them in a Parent’s Name, Is That “Smart Protection” or Financial Fraud? How Do You Prove It in Utah Divorce Court?
This is not unusual: a spouse suddenly “doesn’t own anything,” yet somehow pays the taxes, insurance, maintenance, or mortgage on a house that’s titled in Mom’s name. Or money gets…
Is Alimony Still Necessary? Or Is It an Outdated Relic? A Utah Divorce Lawyer’s Honest, Earnest Take
If you have spent any time searching for information about alimony, you already know the truth: most people hate the idea of paying it, most people love the idea of…
Is a Brief but Past History of Abuse or Substance Abuse the End of Your Chances for Joint Child Custody in Utah?
The short answer: No — you have hope, but you have work to do. Utah custody law has changed significantly in past generation, but the core principles are the same:…
A Shield, Not a Gag: Utah’s PGAL Statute Authorizes Representation, Not Substitution
When Utah courts face high-conflict custody disputes, one common suggestion is to appoint what is known as a Private Guardian ad Litem (PGAL)—an attorney ostensibly tasked with “representing the best interests of…
You Must Follow Court Rules, and You Cannot Be a Law Unto Yourself
People often come into court thinking they can game or “outsmart the system.” They’ve read something online, talked to a friend who claims to have “pulled one over on the…
When Is It Time to Take Your Ex Back to Court to Terminate Parental Rights?
If the other parent has dropped out of your kids’ lives—no support, no visits, no calls—for six months or more, you may have a legal basis to seek termination under…
If Nobody Agrees That Your Spouse Is the Villain, It May Be You
In Utah divorces, casting your spouse as the villain without proof can wreck your credibility and your custody case. Self-reflection and evidence—not drama—win the day. Divorce brings out strong emotions.…
In re N.E. – 2025 UT App 156 – Termination of Parental Rights, Permanent Guardianship
In re N.E. - 2025 UT App 156 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF N.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. N.E., Appellant,…
In re P.M.- 2025 UT App 155
In re P.M.- 2025 UT App 155 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. O.D.M., Appellant, v.…
In re P.M. – 2025 UT App 154 – Juvenile Court – Dependency
2025 UT App 154 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.M., Appellant, v. STATE OF UTAH…
State v. Barney – 2025 UT App 153 – Stalking (criminal)
2025 UT App 153 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. DEVIN STIRLING BARNEY, Appellant. Opinion No. 20240178-CA Filed October 23, 2025 Fifth District Court, Cedar City…
How to Reopen Discovery for Good Cause in Utah Family Law Cases
Once discovery closes in your Utah divorce, child custody, or support case, it’s supposed to stay closed. The court expects both sides to be finished gathering evidence and ready for…
When Discovery Closes, It’s Really Closed: What That Means in Utah Family Law Cases
When discovery closes in your Utah divorce, child custody, or support case, that’s the official end of the evidence-gathering phase. You can’t send out new discovery requests, And you can’t…
Understanding Judicial Discretion and Its Abuses in Utah Family Law
Utah judges and commissioners can—and many often do—bend or ignore laws/rules and facts. Learn how this happens, why appellate oversight rarely corrects it, and what litigants can do to protect…
The Two Falsehoods Behind “I Don’t Understand”: Why Claiming Confusion Won’t Help You in Divorce
Disappointment Is Not Synonymous with Misunderstanding Divorce and custody cases are full of hard choices, unfamiliar rules, and outcomes no one loves. It’s normal to be disappointed when a judge…
My Spouse Has Disappeared During the Divorce Process, How Can I Find Him/Her?
In Utah, you can still get divorced if your spouse disappears, but only after proving you made a diligent search and using court-approved alternative service of process methods. Missing spouse…
Don’t Count on Do-Overs: Meet Your Court Deadlines or Lose Your Rights
Courts (and the orders that govern them) mean it when they set deadlines. If you miss one, you can lose claims, defenses, evidence, or even your entire case. Excuses like…
Building a Credible Alimony Case Without Games or Gimmicks
Divorce is hard enough without turning it into a credibility war. Alimony — what Utah law calls “spousal support” — exists to help a financially disadvantaged spouse transition without being…
I Just Found Out My Former Spouse Won the Lottery—Can I Get Some of That Money?
In Utah, you can share in your spouse’s lottery winnings if the divorce is still pending. After the divorce is final, you cannot reopen the property settlement, but the winnings…
I Love My Stepchildren, How Can I Spend Time with Them After the Divorce?
Love vs. Law In Utah, stepparents have no inherent visitation rights during the pendency of divorce proceedings or after the court issues the divorce decree. Unless you qualify under the…
Compelling Reasons for Permitting Litigants and Their Attorneys to Appear Remotely for Court Hearings
Compelling Reasons for Permitting Litigants and Their Attorneys to Appear Remotely for Court Hearings
World War II’s silk shortage forced the military to abandon a comfortable default; nylon parachutes—stronger, cheaper, and mass-producible—started as a substitute and became the superior standard. COVID-19 did the same…
Guardians ad Litem and Custody Evaluators in Utah: Too Often Biased, Flawed, and Beyond Accountability
In Utah custody disputes, Guardians ad Litem (GALs) and custody evaluators can have enormous influence over the outcome, often so much so that it’s far more than the law actually…
Should I Tell My Spouse Before I File for Divorce? Or Will That Put Me at a Disadvantage?
Telling your spouse you are considering divorce before filing can either open the door to a cooperative, low-drama split—or give them time to get the jump on you and hurt…
I Want to Propose a Settlement in My Divorce Case. How Do I Know What to Offer?
Are you thinking about offering a settlement in your Utah divorce or child custody case? Here is what you should consider before you make the first move — including how…
My Lawyer Says That the Things I Think Are Important to My Divorce and Child Custody Case Are not Important (or Not Nearly as Important as I Believe Them to Be). Is My Lawyer Right? How Can I Know? What Do I Do?
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…
Can I Stop My Spouse from Bad Mouthing Me During Our Divorce? By Braxton Mounteer, Legal Assistant
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 – Appeal of Termination of Parental Rights
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 – When Termination Can be Appealed
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.,…
Ream v. Ream – 2025 UT App 105 – What Does and Does Not Constitute Civil Stalking Injunction Violation
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…
Can My Ex Legally Let a Sex Offender Be Around My Kids in Utah?
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…
Is Required Divorce Mediation Under the Utah Code a Waste of Time? By Braxton Mounteer, Legal Assistant
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 – postnuptial agreement and alimony
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…
I Wrote This Email to the Members of the Utah Legislature’s Criminal Justice Appropriations Subcommittee on Behalf of UFLTV
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…
Sexual Discrimination in Utah Child Custody and Parent-time Awards – I’m just going to leave this here (Part 1 of 2)
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…
What Evidence Should You Request During the Discovery Process in Your Utah Divorce?
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…
Do I Receive Alimony if I’m the One to File for Divorce?
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…
Dividing Retirement Assets in a Utah Divorce
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 – appeal, alimony, attorney fees
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…
What Are Some Types of 50-50 Custody? Can One Parent Be the Custodial Parent in 50- 50 Custody With the Same Equal Time?
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?
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…
In re D.S. – 2025 UT 11 – termination of parental rights – standard of proof
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…
When Does Child Support End Under Utah Law? Once a Child Reaches Majority? Sooner? Later?
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…
Yes, Equal Custody Is a Great Idea and Should Be Awarded Far More Often Than It Is Now, but That Doesn’t Mean All Judges Agree.
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…
Is Alimony off the Table Here?
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…
What does “child support” mean in Utah?
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…
How to Identify and Avoid Some Common Dirty Tricks in Divorce Cases. By Braxton Mounteer, Legal Assistant
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…
How Do You Get a House Valuation/Appraisal for a Divorce When Your Spouse Has Remains Living in It?
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…
How to Deal with a Difficult and Dishonest Opposing Party (and his/her lawyer) in Utah Family Law Cases By Braxton Mounteer, Legal Assistant
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…
Should You Get Divorced? Weighing Your Options in a Difficult Decision By Braxton Mounteer, Legal Assistant
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…
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