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…
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,…
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…
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…
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…
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…
Well, then, I have good news and bad news. Good news: you can file a motion with the court to seek relief. Bad news: prepare to wait a while before…
Given that the 3rd District requires mediation under § 81-9-102(a). (Expedited Parent-time Enforcement Program (emphasis on “expedited”), before it will hear motions to enforce and for sanctions (MTEs) that allege court-ordered…
Garner v. Kadince - 2025 UT App 80 THE UTAH COURT OF APPEALS MATTHEW GARNER, Petitioner, v. KADINCE, INC.; JARED HALES; AND AARON VENEZIA, Respondents. Per Curiam Opinion No. 20250188-CA…
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…
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,…
Miner v. Miner - 2025 UT App 64 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, v. JOHN E. MINER, Appellant. Opinion No. 20230278-CA Filed May 8, 2025 Fifth…
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…
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…
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…
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…
No one is required to hire a lawyer to represent him/her in a child custody dispute. If you are involved in a termination of parental rights or child abuse case…
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…
I can identify the problem by phrasing it in the form of several hypothetical questions to a judge: Is the approach to the allegations going to be, “Because these kinds…
What can a father do if, after the divorce, the mother, who has custody of the child, turns the child against the father? What can he do? There are many things he…
I cannot answer this question as it applies to all jurisdictions, but I can answer it as it applies to the jurisdiction where I practice family law (Utah): Merely because you are…
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…
In re I.C. - 2025 UT App 37 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF I.C., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.C., Appellant,…
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…
Probably. If your question is, “Does it take a long time to obtain a court order modifying a child custody award?,” the answer is, generally, “Yes.” I can't speak for…
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”…
“Quid rides? Mutato nomine et de te fabula narrator. [Why do you laugh ? Change only the name and this story is about you.]” Here’s a deeply disturbing but all…
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…
Why is divorce so often like a knife fight? Not a literal one, of course, but a figurative battle where the first move can have lasting—often devastating—consequences. Have you ever…
When it comes to divorce trials, one of the most pivotal decisions you’ll make is who to call as a witness. Testimony from well-chosen witnesses can offer critical insights into…
We won’t keep you in suspense: yes, you might be able to buy a house before or during the pendency of a divorce case. However, in most cases, you should not.…
I will answer this in the context of the way this issue is treated in my jurisdiction (Utah). First, understand that to prevail on a claim in court, you must…
I humbly and respectfully submit that the following clearly do not meet the burden of proof under the preponderance of evidence standard and thus do not support entry of a…
Historically, in the state of Utah, and throughout the United States, cultural bias as to which parent is granted primary custody plays a major role in child custody decisions. Originally,…
2025 UT App 14 - State v. Taylor THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. ERIC ALAN TAYLOR, Appellant. Opinion No. 20220712-CA Filed January 30, 2025 Second…
A previous post (The Cause of “Protective Orders Disorder” and How to Prevent It.) discussed the trouble caused by granting domestic violence protective orders without a preponderance of evidence. This…
“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” (Benjamin Franklin) It is undeniable that courts frequently take a "better safe…
Family law proceedings in Utah (and in all other states, frankly), differ significantly from other areas of civil or criminal litigation, particularly when it comes to evidentiary practices. While the…
No, and I’ll tell you why in the context of discussing a newly proposed Utah Rule of Civil Procedure which would be Rule 53A, entitled “Special masters for parenting disputes…
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…
While every divorce case is unique, the following outlines the general stages and timeframes involved in a Utah divorce case. Understanding the basic timeline of a typical case in Utah…
There are a few things that you should be aware of before you decide to pull the trigger on filing an appeal on the outcome of your divorce trial. First,…
Divorce is one of the most difficult things that someone can experience. Many in the field of psychology rank divorce just behind a spouse’s death on lists of the most…
"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…
State v. Wardle - 2024 UT App 181 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. DOUGLAS LAWRENCE WARDLE, Appellant. Opinion No. 20230761-CA Filed December 12, 2024 Third…