School Lunch Is Not Extra Child Support
A child needs lunch whether it comes from a parent’s kitchen or the school cafeteria. Yet many divorced parents try to claim (transparently, disingenuously, and greedily) those alternatives as legally…
State v. Hillman: Ineffective Assistance and Mandatory LWOP
2026 UT App 147 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. BRANDON MAYHEW HILLMAN, Appellant. Opinion No. 20240123-CA Filed October 1, 2026 Third District Court, Salt Lake…
Utah Family Law Needs a Subtractive Audit
In 2021, researchers at the University of Virginia published a study in Nature built around a Lego structure (Adams, Converse, Hales, and Klotz). Participants had to stabilize a platform so…
The Silver Split: Why Divorce After 50 Leaves Less Room for Error
Summary: Divorce after 50 leaves fewer working years to rebuild retirement savings, recover from tax mistakes, replace lost earning capacity, or undo a poor housing decision. The most important question…
The Silver Split: Why Divorce After 50 Leaves Less Room for Error
Summary: Divorce after 50 leaves fewer working years to rebuild retirement, absorb tax mistakes, recover from a poor housing decision, or replace lost earning capacity. The most important question is…
In Utah Family Law, Delay Is Not Neutral
Family litigation takes time. Some delay is inevitable and some is justified. Judges have crowded calendars. Lawyers have conflicting trials. Discovery takes time. Serious child-safety allegations may require investigation before…
Proffer Hearings in Utah Family Court: When a Disputed Fact Requires Actual Evidence
Summary: Proffers save time by letting lawyers tell the court what witnesses would say. That works well when the parties agree to proceed that way or when the court assumes…
Can I Get Social Security Benefits on My Ex-Spouse’s Record After Divorce in Utah?
Summary: Learn when you can claim Social Security benefits on an ex-spouse’s record, why the 10-year marriage rule matters in divorce, and what Utah courts can and cannot do with…
The Arrest Is Not Really the Evidence: Probable Cause and Domestic Relations Cases
A parent tells the police that the other parent assaulted her. An officer responds, interviews people at the scene, and arrests the accused parent. Weeks later, the parties are in…
In re B.J.: Prior DCFS Reunification Efforts Remain Reviewable
In re B.J. - 2026 UT App 144 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF B.J., C.J., AND S.W., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
The Answer to Too Much Psychology in Child Custody Disputes Is Not Reflexively More Psychology
Summary. Family law increasingly describes ordinary misconduct in clinical terms. Selfishness becomes narcissism, and disagreement becomes gaslighting. When amateur psychology complicates a child custody dispute, courts and lawyers often respond…
The First Draft Is the Fitting, Not the Finished Suit
Executive Summary: I draft legal documents the way a tailor fits a suit. I start with a proven structure, show the client an actual draft, and then adjust the approach,…
The Standard Is Not Perfection. It Is Our Best Work and Nothing Less.
Nobody has any business demanding perfection from judges, commissioners, lawyers, guardians ad litem, custody evaluators, therapists, or court clerks. These are human beings doing difficult work, often under time pressure,…
Bonham v. Bonham, 2026 UT App 141 | Utah Divorce Law
2026 UT App 141 THE UTAH COURT OF APPEALS EMILY CURTIS BONHAM, Appellee, v. BRANDON REYNOLDS BONHAM, Appellant. Opinion No. 20240597-CA Filed September 11, 2026 Third District Court, Salt Lake…
Neither Spock Nor McCoy: What Administering Utah Family Law Actually Requires
Disraeli said never apologize for feeling, because to do so is to apologize for truth. He was right, and Utah family law should take him seriously. A parent's fear for…
Who Gets the Benefit of the Doubt? What the Lindsay Clancy Case Can Teach Utah Family Courts
The Lindsay Clancy murder trial is about as far removed from an ordinary Utah divorce case as one can imagine. Clancy admitted killing her three young children in Massachusetts in…
If a PGAL Can Interview a Child, So Can a Judge or Commissioner
Utah Courts Should Stop Paying an Intermediary to Tell the Factfinder What the Factfinder Can Hear Directly When a child's wishes, concerns, experiences, or perceptions matter in a Utah child…
Guanuna v. Sawatzki: Utah Court Upholds Presumed Father Despite DNA
2026 UT App 130 THE UTAH COURT OF APPEALS JUAN MIGUEL GUANUNA, Appellant, v. LINDSEY R. SAWATZKI AND JONATHAN C. SAWATZKI, Appellees. Opinion No. 20240191-CA Filed August 20, 2026 Third…
Utah Litigants Will Soon Have a Right to Free, Expedited Access to Courtroom Audio of Their Court Proceedings
Utah has enacted a meaningful improvement in access to court proceedings. Beginning January 1, 2027, Utah Code § 78A-1-203 will require an audio recording of each public court proceeding in…
Age 18? High School Graduation? When Child Support Actually Ends in Utah
Most parents assume child support stops the moment a child turns 18. In Utah, that assumption is wrong more often than it's right. High school graduation timing controls the termination…
The “Noble Exit” Trap: How Moving Out Can Reshape a Child Custody Case Before It Begins
It often begins with a request that sounds perfectly reasonable. “We need some space.” “The fighting isn’t good for the kids.” “Why don’t you stay somewhere else for a while…
The Performative Care Trap: Why Family Court Is Addicted to Therapy
There is a ritual that plays out with remarkable regularity in Utah family court proceedings. A divorce becomes ugly. A parent is angry. A child is anxious. Communication deteriorates. Someone…
When “Special Training” Becomes a Credentialist Dodge
What “Special Training” Does a Judge Really Need to Talk to a Child? In Utah child custody disputes, one of the stock objections to having a judge interview a child…
Let the Judge Talk to the Child. Have the Judge Talk to the Child
One of the strangest objections to judges interviewing children in child custody disputes is that the interview might make the child anxious. Of course it might. The child’s parents are…
When (and Why) Cheap Therapy Culture Makes Family Law Worse
Mental-health awareness has helped people recognize genuine illness, obtain treatment, and speak about suffering without shame. That is real progress. But family law increasingly reveals the other side of the…
Hidden Assets in a Utah Divorce: What Discovery Actually Does—and Where It Falls Short
Utah's entire system for dividing property, setting alimony, and calculating child support runs on one assumption: both parties are telling the truth about their finances. When that assumption breaks down,…
The Innocent Signature That Creates an Indefinite Trap
Signing Form I-864 is a life-altering federal commitment. A Utah divorce decree court cannot terminate your obligation to support an immigrant ex-spouse, and ordinary prenuptial agreements and alimony waivers generally will…
Public Comment on Proposed Utah Rule of Civil Procedure 110 — Judicial Interview of a Minor Child
Summary: 1. Proposed paragraph (b)(2) applies to judicial interviews substantially the same restrictive threshold the Legislature imposed on compelled child testimony. 2. Concerns about litigation abuse and judicial workload justify…
When a Label Changes the Past: Testing Memory Instead of Trusting It in Custody Disputes
Here is the objection this post is going to draw, so I deal with it directly instead of dodging it: raising questions about the reliability of memory sounds like it's…
Damned If You Do, Damned If You Don’t: Responding to Domestic-Violence Allegations in Protective-Order Cases
An innocent respondent in a protective-order case often faces a problem that courts do not acknowledge clearly enough: The more fully he explains what happened, the more material he may give…
The Court Proceedings Recording Ban That HB 540 Didn’t Fix
Utah's state court rules still prohibit litigants and attorneys from making their own audio recordings of court proceedings, even when a proceeding is open to the public and no legitimate…
Utah Juvenile Appeal Mootness: In re M.M. Explained
In re M.M. - 2026 UT App 105 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF M.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.M., Appellant,…
Utah Unlawful Detention: Bluffdale City v. Verive
Bluffdale City v. Verive - 2026 UT App 101 THE UTAH COURT OF APPEALS BLUFFDALE CITY, Appellee, v. AARON VERIVE, Appellant. Opinion No. 20250757-CA Filed July 2, 2026 Third District…
Paulson v. Paulson: Premarital Agreements, Expert Disclosures, and Attorney Fees
Paulson v. Paulson - 2026 UT App 108 THE UTAH COURT OF APPEALS TRISHNA PAULSON, Appellee, v. CHRISTOPHER PAULSON, Appellant. Opinion No. 20220914-CA Filed July 16, 2026 Fourth District Court,…
When Is a Divorce Settlement Agreement Ambiguous? Schmidt v. Schmidt
Schmidt v. Schmidt - 2026 UT App 98 THE UTAH COURT OF APPEALS STEPHEN EDWARD SCHMIDT, Appellant, v. ANGELA SCHMIDT, Appellee. Opinion No. 20240759-CA Filed July 2, 2026 Third District…
Viewing Pre- and Post-Nuptial Agreements Through the Humanity Lens
Viewing Pre- and Post-Nuptial Agreements Through the Humanity Lens A premarital agreement is sold to clients as a piece of financial engineering. It provides certainty. It protects separate property. It…
You Don’t Want an Overworked Judge or Domestic Relations Commissioner Deciding Your Family’s Fate
Judge Kasey Wright deserves more credit than ridicule for refusing to pretend that chronic triage is competent judging. On July 13, 2026, Utah Fourth Judicial District Judge Kasey Wright submitted…
When the Old Lame Excuses Fail, New Ones Will Be Invented
Judges in child custody disputes should hear from children more often. A lot more often. It should be routine, the presumptive course, the default. Not because children should decide custody…
“I’m Not Trained to Interview Children” and Other Empty Objections Behind Utah’s PGAL Default
At a recent hearing, a commissioner explained why she was appointing a private guardian ad litem instead of interviewing the child herself: "Given the age of the child, the statutory…
One Opinion, Seven Letterheads: The Family Court Echo Chamber
Christine Miller recently made a point about family court that deserves more attention: the appearance of independent professional agreement where no genuine independence exists. When a court appoints a private guardian…
Kids Don’t Belong in the Driver’s Seat: How Utah Custody Law Rewards Defiance and Calls It Protection
A fit parent is awarded equal custody of two teenagers. Nothing in the record suggests he's dangerous, neglectful, or unfit—the court has already said so. A few months in, the…
The Weaponization of Victimhood: A Candid Look at the Inexcusable Bias in Family Courts
“A woman's greatest strength [in divorce court] is her ability to be a victim.” It’s a statement that immediately makes people boil over—either in furious agreement or absolute outrage. But…
Let. The. Evidence. Point. The. Way.
A recent podcast clip I saw this week made a deliberately provocative claim: “A woman’s greatest strength is her ability to be a victim.” Taken literally, the statement is too…
Utah Rule 108 Requires a Hearing on Enforcement Objections
Christensen v. Christensen - 2026 UT App 104 THE UTAH COURT OF APPEALS JEFFREY CHRISTENSEN, Appellant, v. COURTNEY JESSICA CHRISTENSEN, Appellee. Opinion No. 20240810-CA Filed July 9, 2026 Third District…
When Family Courts Punish the Innocent Parent
Child Custody Defiance Should Not Cost a Fit Parent Both the Children and More Money Suppose a court orders equal custody. Both parents are fit. One parent is ready, willing,…
The Intersection of Federal Immigration Law and Utah Divorce
One of the most complex, high-stakes scenarios occurs when federal immigration policies collide head-on with state domestic relations law. Under the federal Violence Against Women Act (VAWA), a non-citizen spouse…
SB 304 Promised a Fix for Weaponized Protective Orders. Read the Statute
Anyone who practices Utah family law has watched it happen. A child custody dispute is going badly for one parent, or hasn't started yet, and a protective order petition appears.…
Protection Without Prejudice
A temporary protective order should do one thing well: protect against the danger actually alleged and shown by nothing less than a preponderance of the evidence. It should not become…
When “More Likely Than Not” Becomes “Maybe, So Better Safe Than Sorry”
A low evidentiary burden is still a burden. That should be obvious. In Utah temporary protective order practice, however, it is often treated as optional. The preponderance of the evidence…
The Family Home in Divorce: Sell It or Let One Spouse Keep It?
For many Utah couples, the family home is the largest asset in the divorce. It is also often the most emotional one. That combination can make it dangerous. A spouse…
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