Has anyone you know been framed for domestic violence?
I’m a divorce and family lawyer, and so the crimes I see people framed for or manipulated into “committing” are domestic violence types. It’s frighteningly easy to do. Before I…
Is it more important to study statutes or case law?
You must study each, but that does not mean you must devote the same amount of time to each. You must first study the statute to know what the statute…
Do prosecutors enjoy convicting people, even if there’s a question of guilt?
As a general rule, no, I don’t think so. There will always be some sick, twisted people in every profession, but it has not been my experience that the majority…
Is it illegal to video record people in your home without their knowledge?
Not absolutely, but it can be illegal to video record someone in your home without his/her knowledge. Here is the answer for my jurisdiction (Utah): Utah Code § 76-9-401. Definitions.…
Oldroyd v. Oldroyd – 2019 UT App 155 – premarital property interest, unjust enrichment
Oldroyd v. Oldroyd - 2019 UT App 155 - THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20180257-CA Filed September 26, 2019…
In re C.R.C. – 2019 UT App 153 – termination of parental rights
In re C.R.C. - 2019 UT App 153 - THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.R.C., A PERSON UNDER EIGHTEEN YEARS OF AGE. S.C.…
2019 UT App 147 – McQuarrie v. McQuarrie – termination of alimony
2019 UT App 147 – McQuarrie v. McQuarrie THE UTAH COURT OF APPEALS MELVIN C. MCQUARRIE, Appellant and Cross-appellee, v. JANETTE COLLEDGE MCQUARRIE, Appellee and Cross-appellant. Opinion No. 20170956-CA Filed…
What is child support intended to cover?
Child Support Purposes. What are they? Black’s Law Dictionary defines child support as: child support (1939) Family law. 1. A parent's legal obligation to contribute to the economic maintenance and…
Martin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer
Martin v. Kristensen - 2019 UT App 127 THE UTAH COURT OF APPEALS YVONNE MARTIN, Appellant, v. PETTER KRISTENSEN AND FRANK O. KRISTENSEN, Appellees. Opinion No. 20160265-CA Filed July 26,…
Plaia v. Plaia – 2019 UT App 130 – enforcing stipulation, unvested shares, mutual mistake, abuse of discretion
Plaia v. Plaia - 2019 UT App 130 THE UTAH COURT OF APPEALS MICHAEL ALLEN PLAIA, Appellee, v. ALINA VICTORIA PLAIA, Appellant. Opinion No. 20170948-CA Filed July 26, 2019 Third…
Do women get sole or primary custody of children by default?
How do you feel about the fact that in divorce, the mother seems to get custody of the child almost by default? Wouldn't it make more sense to have 50/50…
Eberhard v. Eberhard – 2019 UT App 114 – modification of alimony
2019 UT App 114 THE UTAH COURT OF APPEALS TODD EBERHARD, Appellant, v. LORI ANN EBERHARD, Appellee. Opinion No. 20170721-CA Filed June 27, 2019 Third District Court, Salt Lake Department…
Utah Rules of Civil Procedure Rule 109. Injunction in Certain Domestic Relations Cases
UPDATE on new Utah Rules of Civil Procedure Rule 109: Utah Court Notices notices@utcourts.gov via usblists.utahbar.org 8:57 AM to utahstatebarnews Subject: [UtahStateBarNews] Notice of new effective date for Rule 109…
Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support
Pulham v. Kirsling - 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…
Is there a “statute of limitations” for seeking child support?
In Utah, yes: Utah Code § 78B-15-109. Limitation on recovery from the obligor. The obligor's liabilities for past support are limited to the period of four years preceding the commencement of…
State v. Harvey – 2019 UT App 108 – lay versus expert testimony
2019 UT App 108 - State v. Harvey - lay versus expert testimony 2019 UT App 108 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, V. RANDY LYNN HARVEY,…
Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement
2019 UT App 106 - Janson v. Janson - setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed…
Is there a “statute of limitations” for seeking child support?
I can’t speak for all states, but I can answer the question for the state where I practice law (Utah): Utah Code § 78B-15-109. Limitation on recovery from the obligor.…
2019 UT App 104 – Ross v. Ross – § 30-3-37 relocation
2019 UT App 104 - Ross v. Ross THE UTAH COURT OF APPEALS JESSECA RAE ROSS, Appellee, v. TIMOTHY RONALD ROSS,Appellant. Opinion No. 20170916-CA Filed June 13, 2019 Third District…
In re adoption of B.H. – 2019 UT App 103 – UCCJEA and ICPC
In re adoption of B.H. 2019 UT App 103 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.H., A PERSON UNDER EIGHTEEN YEARS OF AGE.P.H. AND…
Kirkham v. Widdison – 2019 UT App 97 – tax issues in divorce
Kirkham v. Widdison - 2019 UT App 97 THE UTAH COURT OF APPEALS JANAE A. KIRKHAM, Appellant, v. JAMIE WIDDISON, HRB TAX GROUP, GRACE HANSEN, BONNY WIDDISON, AND ALPINE GARDENS…
2018 UT App 181 – Chaparro v. Torero – default judgment, findings of fact, child custody
2018 UT App 181 – Chaparro v. Torero THE UTAH COURT OF APPEALS ELDA CHAPARRO, Appellant, v. ENRIQUE TORERO, Appellee. Opinion No. 20170494-CA Filed September 20, 2018 Second District Court,…
Nebeker v. Orton – 2019 UT App 23 – child custody and parent-time
Nebeker v. Orton - 2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District…
2019 Utah Legislative Session – parentage, child custody factors
Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019. The legislature amended section 78B-15-610…
2019 UT App 83 – Nave Free v. Free – modification of child support
2019 UT App 83 – Nave Free v. Free THE UTAH COURT OF APPEALS LINDA LEE NAVE-FREE, Appellee, WENLOCK DUANE FREE JR., Appellant. Opinion No. 20170751-CA Filed May 16, 2019…
2019 Utah Legislative Session Makes Keeping a Protective in Place Even Easier! (Boo).
Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019, and one amendment was made…
2019 UT App 81 – In re A.R. – permanent custody and guardianship
2019 UT App 81 – In re A.R. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.R., R.R., AND V.R., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
2019 Utah Legislative Session – expanded definition of incestuous marriage
Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019, and were going to tell…
Child Custody, Utah Code Section 30-3-10, and medical cannabis
Section 30-3-10 provides some of the criteria the court must consider in analyzing and making its custody award. With the legalization of medical marijuana, the Utah legislature amended Section 30-3-10…
New laws from 2019 Utah Legislative Session – Section 30-3-34 – step parents and others
Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34 rather extensively. We discussed some of those changes in…
New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”?
New laws from 2019 Utah Legislative Session - Section 30-3-34 - "best parent"? Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the…
New laws from 2019 Utah Legislative Session – Section 30-3-34
Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34. That code section provides that a noncustodial parent will…
Changes to Utah Code as to What Age Minors Can Marry
There were a lot of changes in family law that the Utah Legislature made in its 2019 session. One amendment was made to Section 30-1-2 of the Utah Code. Section…
How can I get a divorce if I don’t know where my spouse is?
If I'm married with a child (separated for 4 years), how do I get a divorce and establish a child support order, if I don't know where my spouse is?…
Can a prenup dictate that a reflection time is required before divorce?
In Utah, where I practice divorce law, the law governing what content is permitted in prenuptial agreements is fairly simple and thus fairly broad: 30-8-4. Content. (1) Parties to a…
Why Are Criminals Stigmatized After They Do Their Time?
When someone serves his/her sentence to do time, and completes it, why is it still not be enough to have paid their 'debt to society'? Why must they bear the…
The Difference Between a Case Dismissed “with Prejudice” and a Case Dismissed “without Prejudice”
I'm going to explain confusing and counter intuitive legalese by explaining the meaning of case dismissed "with prejudice" versus "without prejudice." These are the formal legal terms for the different…
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