https://www.utcourts.gov/opinions/supopin/State%20v.%20Norton20200713_20180514_46.pdf This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 46 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Respondent,…
Retirement now a potential ground for modifying alimony award In the 2020 legislative session the Utah State legislature amended the Utah Code to provide that “regardless of whether a party's…
New Law: Collection Fees for Unpaid Child Support and Alimony In the 2020 legislative session the Utah State legislature passed a new law, Utah Code section 30-3-3.5, which provides that…
Is having an affair illegal in Utah? It used to be, but as of the 2019 legislative session, it's not anymore. Adultery used to be a class B misdemeanor. Utah…
What is the "right of first refusal"? Is it a statutory right in Utah? Many of you dealing with child custody disputes may have heard the time "right of first…
2020 UT App 59 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF D.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.M., Appellant, v. STATE OF UTAH,…
Here's a question many parents have: what is the legal definition of “joint legal custody” and “joint physical custody” in Utah when it comes to the custody of children? Is…
Second and Third Judicial District Court COVID-19 Guidelines as of April 6, 2020: Second District NOTICE REGARDING DOMESTIC CASES AND COVID-19 As commissioners in the Second District Court, we anticipate…
2020 UT App 52 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.M. AND M.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. M.M., Appellant, v. STATE OF…
2020 UT App 50 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.T., J.T., AND K.B., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.B., Appellant, v. STATE…
2020 UT App 35 THE UTAH COURT OF APPEALS V.M., Appellant, v. DIVISION OF CHILD AND FAMILY SERVICES, Appellee. Opinion No. 20180906-CA Filed March 5, 2020 Fourth District Juvenile Court,…
2020 UT App 34 THE UTAH COURT OF APPEALS PEGGY PETRZELKA, Appellee, v. JAMES E. GOODWIN, Appellant. Opinion No. 20180923-CA Filed March 5, 2020 First District Court, Logan Department The…
2020 UT App 21 - THE UTAH COURT OF APPEALS JULIE RIVET, Appellant, v. LOUIS HOPPIE, Appellee. Opinion No. 20181018-CA Filed February 13, 2020 First District Court, Logan Department The…
This opinion is subject to revision before final publication in the Pacific Reporter In re G.J.P. - 2020 UT 4 - IN THE SUPREME COURT OF THE STATE OF UTAH…
2020 UT App 14 - THE UTAH COURT OF APPEALS REGGIE ANN PECK, Appellee v. KEVIN SCOTT PECK, Appellant. Opinion No. 20180732-CA Filed January 24, 2020 First District Court, Logan…
How can I get my high-conflict ex to violate any terms of our court order? He operates within the confines of the legal language, but harasses and torments me at…
No, not yet. Why do I state “not yet”? Because now that the right of marriage has been extended to same-sex couples, it’s easy to imagine a logical and legally…
2019 UT App 208 - THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF E.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.R., Appellant, v. STATE OF…
2019 UT App 204 - THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.F., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.F., Appellant, v. E.F., Appellee.…
2019 UT App 206 - THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. PHILBERT EUGENE ALIRES, Appellant. Opinion No. 20181033-CA Filed December 19, 2019 Third District Court, Salt…
2019 UT App 202 - THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. NATHAN DAVID BAIZE, Appellant. Opinion No. 20180326-CA Filed December 12, 2019 Fourth District Court, American…
This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 73 UTAH SUPREME COURT JIMMY OLGUIN, Appellee, v. MARIE ANDERTON and CHRISTOPHER ANDERTON,Appellants. No. 20180098…
2019 UT App 201 – Bradshaw v. Pelley-Whelan THE UTAH COURT OF APPEALS CAIRO BRADSHAW, Appellant, v. CHRISTOPHER PELLEY-WHELAN, Appellee. Opinion No. 20181003-CA Filed December 12, 2019 Third District Court,…
This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 72 - Utah Supreme Court - Hinkle v. Jacobsen THERESA I. HINKLE, Appellee, v. KOREY…
This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 71 – Utah Supreme Court OSCAR CASTRO, Appellant, v. MARI TERESA LEMUS, Appellee. No. 20180094…
2019 UT App 207 - THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt…
It depends upon the court rules of the jurisdiction in which you would be filing your divorce documents are to be filed. In Utah, where I practice divorce and family…
No. There are two kind of grounds for divorce: fault and no-fault. Irreconcilable differences are an example of no-fault grounds for divorce. Before no-fault divorce laws were passed (and every…
2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The…
In some jurisdictions, interference with or noncompliance with child custody orders issued by a court are not enforceable by police officers or sheriff’s deputies because there is no statute or statutes…
Why is it OK to allow a 14-year-old child to deny one parent access to him/her without any reason, but it is kidnapping if the child were to refuse to…
2019 UT App 173 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JUSTIN WILLIAM POPP, Appellant. Opinion No. 20180224-CA Filed October 31, 2019 First District Court, Brigham City…
2019 UT App 174 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF L.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.M., Appellant v. STATE OF UTAH,…
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…
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…
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…
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 - 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 - 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 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…
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 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 THE UTAH COURT OF APPEALS MICHAEL ALLEN PLAIA, Appellee, v. ALINA VICTORIA PLAIA, Appellant. Opinion No. 20170948-CA Filed July 26, 2019 Third…
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…
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…
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 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…
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…
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,…
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…