The Absentee Lawyer Problem: When Your Attorney Isn’t Being Fully Responsible for the Work

The Absentee Lawyer Problem: When Your Attorney Isn’t Being Fully Responsible for the Work A growing number of divorce clients are unknowingly paying for work their lawyer never actually did.…

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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…

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Pushing Back Against Judicial Micromanagement: Divorce Courts Need to Enforce Law, Not Parent the Parents

Utah divorce and family courts sometimes wander into nanny-court social engineering, issuing orders that treat parents like fools and/or helpless children who can’t be trusted to act sensibly without judicial…

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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…

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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…

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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…

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The Myth of Utah’s “Standard Parent-Time”

Utah law does not impose a mandatory “standard parent-time” schedule. The schedules in Utah Code § 81-9-302 are only possible options for courts to consider. In practice, however, judges often adopt them with little…

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How Social Media and Digital Communication Have Changed Divorce Evidence

The explosion of text messages, emails, and social media has had a significant impact on divorce litigation. The Shift: From He Said/She Said to Digital Receipts Not long ago, custody…

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Marri v. Rizwan (2025 UT App 137) – Annulment of Marriage, Fraud

Marri v. Rizwan - 2025 UT App 137 THE UTAH COURT OF APPEALS MIR MARRI, Appellant, v. RABIA RIZWAN, Appellee. Opinion No. 20230034-CA Filed September 18, 2025 Third District Court,…

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What Advice Would You Give to Someone Who Is Contemplating Divorce?

Divorce is almost always harder, slower, more expensive, and more damaging—financially and emotionally—than people expect. Unless you are married to someone truly abusive or irreparably toxic, the better course is…

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Why Are Divorce Cases Often Delayed?

After 28 years of divorce practice (as of the date this post is shared), I've watched countless cases that could have and should resolve in months drag on for a…

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How Well Divorce Mediation Works Depends on How Well You and Your Spouse Work Together

Don’t divorce lawyers make mediation harder and more expensive? I'm a divorce lawyer, and I'll be the first to admit it: sometimes lawyers can do more harm than good in the…

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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…

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Read more about the article 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

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…

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Read more about the article Utah Motions for Temporary Orders: What They Can Cover, and How to File for One
Utah Motion for Temporary Orders: What They Can Cover, and How to File for One

Utah Motions for Temporary Orders: What They Can Cover, and How to File for One

When a Utah divorce case is commenced, life doesn’t stop while the case is pending. Children still need a consistent schedule. The mortgage, utilities, and insurance bills still come due.…

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Don’t Let This Happen to You When Drafting a Legal Custody Child Custody Award

If a parent is awarded sole legal custody of a child, does that award not carry with it an implicit obligation to exercise that sole legal custody power in good…

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State v. Hansen – 2025 UT App 121

State v. Hansen - 2025 UT App 121 THE UTAH COURT OF APPEALS STATE OF UTAH,Appellee, v. STEPHANIE HANSEN,Appellant. Opinion No. 20220178-CA Filed August 14, 2025 Fourth District Court, Provo…

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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…

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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…

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I Can No Longer Afford My Divorce Attorney. What Should I Tell My Attorney? And What Are My Options if I Proceed Without an Attorney in My Divorce Case?

TL;DR: If you can’t afford your Utah divorce attorney anymore, tell him/her immediately. You may be able to arrange a payment plan, switch to limited scope services, or proceed on your…

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What Potential Issues and Problems Should I Anticipate and Take Action On Now as a Divorced Parent Whose Minor Children Will Be Going Back to School or Starting at a New School This Fall?

Don’t wait until the first day of school to address custody schedules, school choice, communication with the school, extracurricular costs, or special needs. Review your decree, coordinate with your ex…

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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…

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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…

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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…

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Should You Have Your Spouse or Co-Parent Subject to a Psychological Evaluation in Your Divorce and Child Custody Dispute?

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…

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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…

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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.,…

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Family Lawyers: Why Aren’t More of You Moving the Court to Interview Children Instead of Automatically Requesting PGALs or Custody Evaluators?

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,…

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The Overrated Book, The Understated Truth: Atomic Habits and the Indispensable Role of Quantity in “Quality” Parent-time

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…

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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…

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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…

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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…

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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…

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How Do I Manage My divorce Case While I work Full-time? By Braxton Mounteer, Legal Assistant.

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…

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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…

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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…

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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…

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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…

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Can My Spouse Keep My Property After I Have Been Removed or Moved Out of the Marital Home? By Braxton Mounteer

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…

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Garner v. Kadince – 2025 UT App 80 – AI, hallucination, fake precedent, sanctions

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…

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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…

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Miner v. Miner – 2025 UT App 64 – modifying alimony, attorney’s fees

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…

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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…

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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…

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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…

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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…

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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…

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