The Overreach of Utah Courts in Ordering Therapy in Divorce and Child Custody Cases

In contemporary Utah divorce and child custody disputes, courts frequently order parents and children to participate in reunification therapy, family systems therapy, or other forms of therapy and counseling. While…

Continue ReadingThe Overreach of Utah Courts in Ordering Therapy in Divorce and Child Custody Cases

How Do I Know If My Custody Evaluator and Custody Evaluation Are Any Good? By Braxton Mounteer, Legal Assistant

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…

Continue ReadingHow Do I Know If My Custody Evaluator and Custody Evaluation Are Any Good? By Braxton Mounteer, Legal Assistant

Timeline of a Typical Utah Divorce Case: From Start to Finish

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…

Continue ReadingTimeline of a Typical Utah Divorce Case: From Start to Finish

What Is the Real Reason Divorce Rates Are So High in the Western World?

So many in the Western world who could be happily married have lost sight of the purpose of marriage, and so their marriages end in divorce not because of any…

Continue ReadingWhat Is the Real Reason Divorce Rates Are So High in the Western World?

Why Wouldn’t I Speak Freely With a Law Enforcement Officer if I Have Nothing to Hide and the Officer Seems Sincere in His Questioning?

There are some genuinely nice men and women serving in law enforcement. That stated, any time when a law enforcement officer is asking you questions, be aware that 1) law…

Continue ReadingWhy Wouldn’t I Speak Freely With a Law Enforcement Officer if I Have Nothing to Hide and the Officer Seems Sincere in His Questioning?

What Should I Do if My Husband Wants to Divorce Me for Not Giving Him Children?

There is not much you can do to deny a spouse a divorce, if one lives in the U.S. Spouses in the U.S. can file for and obtain a divorce…

Continue ReadingWhat Should I Do if My Husband Wants to Divorce Me for Not Giving Him Children?

Your divorce Case Deadlines Will Not Wait By Braxton Mounteer, Legal Assistant.

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…

Continue ReadingYour divorce Case Deadlines Will Not Wait By Braxton Mounteer, Legal Assistant.

If My Ex-husband Quit His Job to Avoid Alimony Does He Still Have to Pay Alimony?

If a spouse (husband or wife) is ordered by the court to pay alimony but then quits his/her job and then tries to claim “I can’t pay alimony because I…

Continue ReadingIf My Ex-husband Quit His Job to Avoid Alimony Does He Still Have to Pay Alimony?

2024 UT App 185 – In re D.A.T.R – adoption appeal

2024 UT App 185 - In re D.A.T.R THE UTAH COURT OF APPEALS IN THE MATTER OF D.A.T.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.K., Appellant, v. T.K. AND…

Continue Reading2024 UT App 185 – In re D.A.T.R – adoption appeal

Excluding the Public from Divorce Court Hearings and Trials Does More Harm than Good

"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…

Continue ReadingExcluding the Public from Divorce Court Hearings and Trials Does More Harm than Good

State v. Wardle – 2024 UT App 181 – Utah R. Evid. 506, Privileged

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…

Continue ReadingState v. Wardle – 2024 UT App 181 – Utah R. Evid. 506, Privileged

Staszkiewicz v. Thomas – 2024 UT App 183

Staszkiewicz v. Thomas - 2024 UT App 183 THE UTAH COURT OF APPEALS MADISON STASZKIEWICZ, Appellee, v. TIFFANY N. THOMAS, Appellant. Opinion No. 20230229-CA Filed December 12, 2024 Third District…

Continue ReadingStaszkiewicz v. Thomas – 2024 UT App 183

Is It True That Some Men Pay Their Wives to Avoid Giving up Their House During Divorce Proceedings or Other Agreements?

Yes, it’s true; this happens sometimes. But more broadly speaking, there are all kinds of situations in divorce where both husbands and wives, fathers and mothers make extortionate deals to…

Continue ReadingIs It True That Some Men Pay Their Wives to Avoid Giving up Their House During Divorce Proceedings or Other Agreements?

Why Is Income Earned After a Marriage Considered Marital Property, but Inheritance Earned After a Marriage Is Considered Separate?

I cannot answer this question as it applies in all jurisdictions, but I can answer it as it applies in Utah, the jurisdiction where  I am licensed to practice divorce…

Continue ReadingWhy Is Income Earned After a Marriage Considered Marital Property, but Inheritance Earned After a Marriage Is Considered Separate?

In re J.F. – 2024 UT App 178 – untimely appeal, lack of jurisduction

In re J.F. - 2024 UT App 178 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.F., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.S.F., Appellant,…

Continue ReadingIn re J.F. – 2024 UT App 178 – untimely appeal, lack of jurisduction

2024 UT App 169 – Ward v. McGarry – imputation of income

2024 UT App 169 - Ward v. McGarry THE UTAH COURT OF APPEALS SARA WARD, Appellant, v. MEREDITH MCGARRY, Appellee. Opinion No. 20230365-CA Filed November 15, 2024 Third District Court,…

Continue Reading2024 UT App 169 – Ward v. McGarry – imputation of income

In re Adoption of K.R.S. – 2024 UT App 165

In re Adoption of K.R.S. - 2024 UT App 165 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF K.R.S., A PERSON UNDER EIGHTEEN YEARS OF AGE.…

Continue ReadingIn re Adoption of K.R.S. – 2024 UT App 165

State v. Hughes – 2024 UT App 168 – insufficient evidence and ineffective assistance of counsel

State v. Hughes - 2024 UT App 168 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. DAYMIAN MARTIEZ HUGHES, Appellant. Opinion No. 20220640-CA Filed November 15, 2024 Third…

Continue ReadingState v. Hughes – 2024 UT App 168 – insufficient evidence and ineffective assistance of counsel

Wallace v. Wallace – 2024 UT App 164 – Custody, Non-disparagement

Wallace v. Wallace - 2024 UT App 164 THE UTAH COURT OF APPEALS JAMES DOUGLAS WALLACE, Appellee, v. JOANNA JUNE WALLACE, Appellant. Opinion No. 20220559-CA Filed November 15, 2024 Third…

Continue ReadingWallace v. Wallace – 2024 UT App 164 – Custody, Non-disparagement

Small v. Small – 2024 UT App 173 URE 408 and statute of frauds

Small v. Small - 2024 UT App 173 THE UTAH COURT OF APPEALS NATHAN DALE SMALL, Appellant, v. TRISHA DAWN SMALL, Appellee. Opinion No. 20230487-CA Filed November 29, 2024 First…

Continue ReadingSmall v. Small – 2024 UT App 173 URE 408 and statute of frauds

A Third Party Refused to Return Child to the Child’s Mother, the Sole Custodian. So Mother Called Law Enforcement Seeking Assistance. But They Refused to Get Involved Saying It’s a Civil Matter. Is That True?

I can't speak to what the law is in all jurisdictions, but I can speak to what the law is in Utah on this subject based upon my experience and…

Continue ReadingA Third Party Refused to Return Child to the Child’s Mother, the Sole Custodian. So Mother Called Law Enforcement Seeking Assistance. But They Refused to Get Involved Saying It’s a Civil Matter. Is That True?

Is Trial In Your Utah Divorce Case a Boxing Match or an Audition? By Braxton Mounteer

Everyone has seen a trial portrayed in a movie or video. An actual trial (especially in a divorce case) is not like television or movies would have you believe. Initially,…

Continue ReadingIs Trial In Your Utah Divorce Case a Boxing Match or an Audition? By Braxton Mounteer

Child Support in Utah

How is child support calculated in Utah? How long does child support last? How is child support enforced? How child support in Utah is calculated. I will explain it both…

Continue ReadingChild Support in Utah

If You Need to Talk to the Police, Is It OK to Let Them Step Inside Your Front Door if It Is Cold, Rainy, or Snowy Outside?

No. I wish I could tell you that it's worth the risk to show the police a little kindness, but they'll just exploit it. So not merely, no, but hell…

Continue ReadingIf You Need to Talk to the Police, Is It OK to Let Them Step Inside Your Front Door if It Is Cold, Rainy, or Snowy Outside?

Calculating Alimony in Utah Divorce Cases

Alimony is not purely a mathematical formula in Utah, but the governing section of the Utah Code (see Section 81-4-502. Determination of alimony) does relay on some basic addition, subtraction, and division. First,…

Continue ReadingCalculating Alimony in Utah Divorce Cases

Do You Really Think That the Institution of Marriage Should Be Dissolved, Keeping In Mind the Current Rate of Divorces and Infidelities?

Do we need laws, given that so many people break them? It's tempting to believe that if we abolished marriage, we would thus get rid of divorce. While that is…

Continue ReadingDo You Really Think That the Institution of Marriage Should Be Dissolved, Keeping In Mind the Current Rate of Divorces and Infidelities?

Chlarson v. Chlarson – 2024 UT App 160 – Divorce and Military Retirement

Chlarson v. Chlarson - 2024 UT App 160 THE UTAH COURT OF APPEALS JUSTIN THOMAS CHLARSON, Appellant, v. JACQUELINE NICOLE CHLARSON, Appellee. Opinion No. 20230742-CA Filed November 7, 2024 Second…

Continue ReadingChlarson v. Chlarson – 2024 UT App 160 – Divorce and Military Retirement

Godfrey v. Godfrey – 2024 UT App 156 – Broad discretion, Abuse of discretion

2024 UT App 156 THE UTAH COURT OF APPEALS AMANDA GODFREY, Appellee, v. RANDY GODFREY, Appellant. Opinion No. 20210871-CA Filed October 31, 2024 Third District Court, Silver Summit Department The…

Continue ReadingGodfrey v. Godfrey – 2024 UT App 156 – Broad discretion, Abuse of discretion

Lerman v. Lerman – 2024 UT App 155 – Child Custody and Domestic Violence

Lerman v. Lerman - 2024 UT App 155 THE UTAH COURT OF APPEALS DEREK LERMAN, Appellee, v. MICHELLE LERMAN, Appellant. Opinion No. 20230913-CA Filed October 31, 2024 Second District Court,…

Continue ReadingLerman v. Lerman – 2024 UT App 155 – Child Custody and Domestic Violence

How Are Jurors Typically Selected for Divorce and Custody Cases in Utah?

Divorce cases are not tried to a jury in any state except one: Texas. In all other states, including Utah, divorce and child custody cases are tried to the bench,…

Continue ReadingHow Are Jurors Typically Selected for Divorce and Custody Cases in Utah?

Duffin v. Duffin – 2024 UT App 154

Duffin v. Duffin - 2024 UT App 154 THE UTAH COURT OF APPEALS JAMES MARLO DUFFIN JR., Appellant, v. BRANDY ELIZABETH DUFFIN, Appellee. Opinion No. 20221046-CA Filed October 31, 2024…

Continue ReadingDuffin v. Duffin – 2024 UT App 154

State v. King – 2024 UT App 151 – Domestic Violence – Evidence – Effective Counsel

State v. King - 2024 UT App 151 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v.. PHILLIP MASON KING, Appellant. Opinion No. 20210710-CA Filed October 24, 2024 Second…

Continue ReadingState v. King – 2024 UT App 151 – Domestic Violence – Evidence – Effective Counsel

In re J.M. – 2024 UT App 147 – Termination of Parental Rights

In re J.M. - 2024 UT App 147 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.M., S.M., L.M., AND J.A.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. N.M., Appellant, V. STATE OF UTAH, Appellee. Opinion…

Continue ReadingIn re J.M. – 2024 UT App 147 – Termination of Parental Rights

Lunt v. Lunt – 2024 UT App 148 – Alimony, Individual Needs, Business Goodwill

Lunt v. Lunt - 2024 UT App 148 THE UTAH COURT OF APPEALS MEGAN LUNT, Appellee, v. DREW E. LUNT, Appellant. Opinion No. 20220596-CA Filed October 18, 2024 Third District…

Continue ReadingLunt v. Lunt – 2024 UT App 148 – Alimony, Individual Needs, Business Goodwill

If a Parent Refuses to Work, Does That Mean the Other Parent Pays Higher Child Support?

In Utah, a parent is not required to have a job and it's likely that a court cannot order a parent to get a job and earn money. If that parent…

Continue ReadingIf a Parent Refuses to Work, Does That Mean the Other Parent Pays Higher Child Support?

What May Happen When I Tell the Judge That I Violated a Nocontact Order Because the Paperwork I Received at Court Was Torn and Did Not Say Anything About No Contact?

What will happen? Who knows? What could happen? The court could A) believe your story; B) not believe your story; or C) not believe your story and then come down…

Continue ReadingWhat May Happen When I Tell the Judge That I Violated a Nocontact Order Because the Paperwork I Received at Court Was Torn and Did Not Say Anything About No Contact?

Corn v. Groce – 2024 UT App 84 – Proving Changed Circumstances

Corn v. Groce - 2024 UT App 84 THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court, Farmington…

Continue ReadingCorn v. Groce – 2024 UT App 84 – Proving Changed Circumstances

In re adoption of D.K.A.T. – 2024 UT App 145 – Contested Adoption

In re adoption of D.K.A.T. - 2024 UT App 145 THE UTAH COURT OF APPEALS In re adoption of D.K.A.T. - 2024 UT App 145 IN THE MATTER OF THE…

Continue ReadingIn re adoption of D.K.A.T. – 2024 UT App 145 – Contested Adoption

Musselman v. Keele – 2024 UT App 143 – Bar Complaint – Tortious Interference – Fraudulent Misrepresentation

Musselman v. Keele - 2024 UT App 143 THE UTAH COURT OF APPEALS DAVID MUSSELMAN, Appellant, v. KAMRON KEELE, Appellee. Opinion No. 20220893-CA Filed October 10, 2024 Third District Court, West…

Continue ReadingMusselman v. Keele – 2024 UT App 143 – Bar Complaint – Tortious Interference – Fraudulent Misrepresentation

In re Estate of Wright; Anderson v. Shayesteh – 2024 UT App 146 – Unsolemnized Marriage

In re Estate of Wright; Anderson v. Shayesteh - 2024 UT App 146 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ESTATE OF SHEILA ANNE WRIGHT, AHMAD RAY…

Continue ReadingIn re Estate of Wright; Anderson v. Shayesteh – 2024 UT App 146 – Unsolemnized Marriage

Utah Law Question: Discovery Closes in Less Than 28 Days, but Opposing Counsel Just Serve Discovery Requests. Am I Obligated to Respond?

Answer: Almost certainly no. See Dahl v. Harrison, 265 P.3d 139, 2011 UT App 389 (2011). Note: Under the current Utah Rules of Civil Procedure, responses to written discovery requests are due…

Continue ReadingUtah Law Question: Discovery Closes in Less Than 28 Days, but Opposing Counsel Just Serve Discovery Requests. Am I Obligated to Respond?

State v. Williamson – 2024 UT App 141 – Child Pornography

LUTHY, Judge: ¶1 James A. Williamson appeals from his convictions on three counts of sexual exploitation of a minor. He contends that a police search of his residence violated his constitutional…

Continue ReadingState v. Williamson – 2024 UT App 141 – Child Pornography

State v. Orton – 2024 UT App 140 – Child Sexual Abuse By Stepparent

State v. Orton - 2024 UT App 140 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. BRETT LEONARD ORTON, Appellant. Opinion No. 20220119-CA Filed October 3, 2024 Second…

Continue ReadingState v. Orton – 2024 UT App 140 – Child Sexual Abuse By Stepparent

How Should I Deal With an Ex Husband Who Is Reluctant to Move out After the Divorce?

If he wasn’t ordered to move out, and if you weren’t awarded sole possession, occupancy, and use of the marital residence, then he is under no obligation to move out.…

Continue ReadingHow Should I Deal With an Ex Husband Who Is Reluctant to Move out After the Divorce?

KSL News Story “Child and Family Services speaks to lawmakers after 12-year-old’s death”

In this KSL.com news article, written by Garna Meijia, reporting on the Department of Child and Family Services (DCFS) addressed the Rules Review and General Oversight Committee. Please read more…

Continue ReadingKSL News Story “Child and Family Services speaks to lawmakers after 12-year-old’s death”

How to Pronounce Certiorari and What It Means.

Today’s question comes from a viewer of the UFTLV channel who wants to know not only what this term means, but how it is properly pronounced! First, the definition: an…

Continue ReadingHow to Pronounce Certiorari and What It Means.

What Are Some Strategies for Divorcing a Selfish, Intelligent, and Manipulative Person Without It Becoming a Messy Legal and Emotional Battle?

Spouses of selfish, intelligent, and manipulative people who want to avoid a messy legal and emotional battle are not telling the whole truth about what they want. Implicit in what…

Continue ReadingWhat Are Some Strategies for Divorcing a Selfish, Intelligent, and Manipulative Person Without It Becoming a Messy Legal and Emotional Battle?

What Are the Key Things You Should Do Protect Yourself During a Divorce?

This is one of the most important questions you need to ask and to answer if you are contemplating divorce or find yourself on the receiving end of a complaint…

Continue ReadingWhat Are the Key Things You Should Do Protect Yourself During a Divorce?

I Have a Question About Whether to Divorce.

I decided to divorce my husband of 10 years after years of neglect and feeling unloved. We have a 6-year-old daughter. For the majority of our marriage I was always…

Continue ReadingI Have a Question About Whether to Divorce.