2024 UT App 133 – Bountiful City v. Swenson – Protective Order Violation

2024 UT App 133 - Bountiful City v. Swenson THE UTAH COURT OF APPEALS BOUNTIFUL CITY, Appellant, v. ROBERT TAKASHI SWENSON, Appellee. Opinion No. 20230430-CA Filed September 19, 2024 Second…

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State v. King – 2024 UT App 151 – Domestic Violence – Evidence – Effective Counsel

State v. King - 2024 UT App 151 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v.. PHILLIP MASON KING, Appellant. Opinion No. 20210710-CA Filed October 24, 2024 Second…

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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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Lunt v. Lunt – 2024 UT App 148 – Alimony, Individual Needs, Business Goodwill

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…

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Corn v. Groce – 2024 UT App 84 – Proving Changed Circumstances

Corn v. Groce - 2024 UT App 84 THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court, Farmington…

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In re adoption of D.K.A.T. – 2024 UT App 145 – Contested Adoption

In re adoption of D.K.A.T. - 2024 UT App 145 THE UTAH COURT OF APPEALS In re adoption of D.K.A.T. - 2024 UT App 145 IN THE MATTER OF THE…

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In re Estate of Wright; Anderson v. Shayesteh – 2024 UT App 146 – Unsolemnized Marriage

In re Estate of Wright; Anderson v. Shayesteh - 2024 UT App 146 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ESTATE OF SHEILA ANNE WRIGHT, AHMAD RAY…

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State v. Orton – 2024 UT App 140 – Child Sexual Abuse By Stepparent

State v. Orton - 2024 UT App 140 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. BRETT LEONARD ORTON, Appellant. Opinion No. 20220119-CA Filed October 3, 2024 Second…

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How Should I Deal With an Ex Husband Who Is Reluctant to Move out After the Divorce?

If he wasn’t ordered to move out, and if you weren’t awarded sole possession, occupancy, and use of the marital residence, then he is under no obligation to move out.…

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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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How to Pronounce Certiorari and What It Means.

Today’s question comes from a viewer of the UFTLV channel who wants to know not only what this term means, but how it is properly pronounced! First, the definition: an…

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What Are the Key Things You Should Do Protect Yourself During a Divorce?

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…

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I Have a Question About Whether to Divorce.

I decided to divorce my husband of 10 years after years of neglect and feeling unloved. We have a 6-year-old daughter. For the majority of our marriage I was always…

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If I Got Married Today and My Husband Moved Into My House, if We Get Divorced in 5 Years, Will I Have to Give Him 50% of My House?

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…

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In re R.P. – 2024 UT App 106 – Appeal of Paternity Order

In re R.P. - 2024 UT App 106 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF R.P., A PERSON UNDER EIGHTEEN YEARS OF AGE. K.J., Appellant,…

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Can My Custody and Parent-Time Order Be”Redone” Because I Was a Vulnerable Adult (My Mental Health Was Suffering) at the Time the Orders of Child Custody and Parent-Time Were Made? I Didn’t Attend the Court Hearing (I Know), but the Entire Thing Unfair to Both the Children and Me.

There is a case in Utah that may almost precisely be on point for the circumstances you describe, Hogge v. Hogge, 649 P.2d 51, 54 (Supreme Court of Utah 1982). Here…

Continue ReadingCan My Custody and Parent-Time Order Be”Redone” Because I Was a Vulnerable Adult (My Mental Health Was Suffering) at the Time the Orders of Child Custody and Parent-Time Were Made? I Didn’t Attend the Court Hearing (I Know), but the Entire Thing Unfair to Both the Children and Me.

In re K.B – 2024 UT App 114 – Termination of Parental Rights

In re K.B - 2024 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.B., Appellant, v.…

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Harris v. Hunt – 2024 UT App 117 – Civil Stalking Injunction

Harris v. Hunt - 2024 UT App 117 THE UTAH COURT OF APPEALS DALE HARRIS, Appellee, v. JUSTIN HUNT, Appellant. Opinion No. 20230753-CA Filed August 15, 2024 Fifth District Court,…

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2024 UT App 104 – In re B.D. – What is a dependent child?

2024 UT App 104 - In re B.D. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF B.D., A PERSON UNDER EIGHTEEN YEARS OF AGE. N.D., Appellant,…

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McPherson v. Copp – 2024 UT App 107 – common law marriage, undisclosed witnesses

2024 UT App 107 THE UTAH COURT OF APPEALS SEAN MCPHERSON, Appellee, v. LYNN COPP, Appellant. Opinion No. 20220404-CA Filed August 1, 2024 Third District Court, Silver Summit Department The…

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Kinsey v. Kinsey – 2024 UT App 120 – Termination of Alimony

Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…

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Kinsey v. Kinsey – 2024 UT App 120 – termination of alimony

Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…

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How Do You Enforce Court Orders That Have Been Issued in a Utah Divorce Case or Child Custody Case?

Many people who have gone through a divorce case or unmarried parents who have gone through a child custody case find themselves at the end of the case with a…

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If My Ex Husband Had a Secret Bank Account Before We Were Married, Would I Be Entitled to Some of It After the Divorce? I Already Have a Private Investigator Looking Into It. Thanks in Advance!

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…

Continue ReadingIf My Ex Husband Had a Secret Bank Account Before We Were Married, Would I Be Entitled to Some of It After the Divorce? I Already Have a Private Investigator Looking Into It. Thanks in Advance!

If Someone Is Caught Breaking a Protection Order and They Go to Court for That Can the Person Who Needed the P.O. Go to Court to Speak out About the Violation?

Yes, but it depends upon what you mean by “can the person who needed the P.O. go to court to speak out about the violation?” If the person who needed…

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How Difficult Would It Be to Get Legal Custody Back After Willingly Giving 100% Legal Custody to My Child’s Mother?

In Utah, if you have not had your parental rights terminated, but instead you simply agreed to your child’s parent having custody of the child (with you having little to no…

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How to Fill Out Your Financial Declaration, Paragraph Two. By Braxton Mounteer, Legal Assistant

Paragraph two of your financial declaration details the documents that you must attach to your financial declaration (unless they don't exist). It is not optional; they are the documents you are required…

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2024 UT App 91 – In re R.D. – Juvenile Court Jurisdiction – Parental Presumption

2024 UT App 91 – In re R.D. THE UTAH COURT OF APPEALS IN THE INTEREST OF R.D. AND Z.J., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.J., Appellant, v. N.J.…

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I Have a Court Date Coming Up, but I Don’t Speak English (Or Don’t Speak or Understand It Well). What Can I Do?

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…

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People Who Are Getting an Extremely-Contested Divorce W/O Paying for Lawyers, Need Step-By-Step Directions in Their State! If There Were Uncontested Divorces, There Would Be No Divorces at All, Because Both Partners Would Be Getting Along Perfectly?

Sure, they need that. It is a great idea. Where there is a demand to be filled, markets arise to fill them. It would be a great benefit to people…

Continue ReadingPeople Who Are Getting an Extremely-Contested Divorce W/O Paying for Lawyers, Need Step-By-Step Directions in Their State! If There Were Uncontested Divorces, There Would Be No Divorces at All, Because Both Partners Would Be Getting Along Perfectly?

Do You Lose Parental Rights Automatically When You Get Divorced if You Do Not File for Visitation or Custody?

Make sure you understand the terms you and others may be using in asking and discussing this question. If you are a parent of minor children, and you are involved…

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What Can Be Done if a Prenuptial Agreement Does Not Meet the Requirements for Validity in Your State? What Are the Available Options for Handling This Situation?

While I am a divorce and family lawyer (licensed in Utah), I do not claim to be an expert on the subject of prenuptial agreements. That stated (and acknowledging that…

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Can My Spouse Take out a Loan Using Our House as Collateral After I File for a Divorce?

This is a good question and one that often comes up in divorce cases. I cannot speak for the law in all jurisdictions, but as this question applies in the…

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Wilson v. Wilson, 2024 UT App 87 – civil stalking injunction, appeals

Wilson v. Wilson - 2024 UT App 87 THE UTAH COURT OF APPEALS TKS CO-PACK MANUFACTURING, LLC AND TROY WILSON, Appellants and Cross-appellees, v. DOUG WILSON, Appellee and Cross-appellant. Opinion…

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McKell v. McKell – 2024 UT App 72 – tolling of statute of limitations

McKell v. McKell - 2024 UT App 72 THE UTAH COURT OF APPEALS SUMMER TATIANA MCKELL AND MICHELLE TISCHNER, Appellants, v. ROBERT C. MCKELL, Appellee. Opinion No. 20220315-CA Filed May…

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Your Divorce Lawyer is Serious About Deadlines By Braxton Mounteer, Legal Assistant

Throughout the divorce process you will have to meet many deadlines. The court will even provide you with a list of due dates known as a notice of event due…

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What Do We Do When Equal (50/50) Physical Custody Is Awarded but One Parent Isn’t Bearing the Responsibilities Equal Custody Requires of That Parent?

Recently a Quora.com reader commented on my answer to this question: Is there a primary parent in joint custody in Utah which is also known as “equal” or “50/50” custody? They…

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What Would I Say, if I Were a Judge or Commissioner Hearing a Protective Order Request Case and I Denied the Request for the Protective Order?

I would say this: By law I cannot grant a request for a protective order unless a preponderance of the evidence supports the request. If the request lacks the support…

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Kouri Richins’ Defense Files a Motion to Disqualify Prosecution, Alleging That Her 6th Amendment Rights Were Violated.

According to KUTV, Kouri Richins' defense filed a motion on Friday, May 17, to disqualify the prosecution from the case. To read more about this, click on this link: https://kutv.com/news/local/kouri-richins-defense-skye-lazaro-ray-quinney-nebeker-files-motions-disqualify-prosecution-brad-bloodworth-eric-richins

Continue ReadingKouri Richins’ Defense Files a Motion to Disqualify Prosecution, Alleging That Her 6th Amendment Rights Were Violated.

What Are the Standards for Appeal That Usually Apply in a Utah Case?

See 2024 UT App 54 - Tilleman v. Tilleman, which recites many of them: ¶26 . . . Generally, we review a trial court’s custody award for an abuse of discretion. See T.W. v.…

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Is There Anything I Can Do for Winning Custody After the Gal Report Is Favoring My Ex? Is Paying More to My Attorneys Worth It or No?

After you ask, “Is there anything I can do for winning custody after the GAL report is favoring my ex? Is paying more to my attorneys worth it or no?,”…

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2024 UT App 54 – Tilleman v. Tilleman – custody factors, income, fees

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…

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2024 UT App 52 – In re A.S. – child neglect, photographing genitals

2024 UT App 52 - In re A.S.   THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S. AND J.S., PERSONS UNDER EIGHTEEN YEARS OF AGE.…

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2024 UT App 47 – In re K.J. – removal, shelter hearing

2024 UT App 47 – In re K.J. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.J., M.J., AND K.J., PERSONS UNDER EIGHTEEN YEARS OF AGE.…

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My Husband Is Forcing Me to Get My Inheritance From Court From My Ex-husband’s (Deceased) Brothers, Otherwise He Will Divorce Me. What Should I Do?

Talk to a good (a good) lawyer about whether you even have the right to “inherit” from your ex-husband’s brothers. Unless there are bizarre circumstances at work here, odds are…

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What Is the Benefit of a Legal Separation (Separate Maintenance) or a Temporary Separation Order in Utah?

Many people ask what the benefits of a legal separation are. Aside from the obvious "it gives us the option of staying together, if we want to," are there other…

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Can I Request to Have My Son’s Grandmother Removed From the Courtroom During My Custody Case Proceedings?

Are the court proceedings in your kind of case open to the public? If so, then the grandmother, being a member of the public, may have a right to be…

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