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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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.…

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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…

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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…

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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…

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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…

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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…

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When Should You Settle Your Divorce Case? By Braxton Mounteer, Legal Assistant

Over the course of your divorce, you may be tempted to throw in the towel and give up. You may also be tempted to fight to your last breath. Either…

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Why Is My Narc Husband Angry When We Discuss Selling the House When We Are Headed for Divorce?

First, for those of you who don’t know what a “narc” is, let’s address that. A “narc” in this context is a narcissistic spouse. Click here for a more detailed…

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THE BEST PERSON TO “SPEAK FOR A CHILD” IS THE CHILD HIMSELF/HERSELF, NOT A GUARDIAN AD LITEM

“Speak your mind—even if your voice shakes. . . . When you least expect it, someone may actually listen to what you have to say.” — Maggie Kuhn I have…

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If I Got Married Today and My Husband Moved Into My House, if We Get Divorced in 5 Years, Will I Have to Give Him 50% of My House?

Great question (the answer will likely scare you and drive you nuts, but it’s a great question). Divorce court is, in many respects, the wild west. No matter what jurisdiction…

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In re R.P. – 2024 UT App 106 – Appeal of Paternity Order

In re R.P. - 2024 UT App 106 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF R.P., A PERSON UNDER EIGHTEEN YEARS OF AGE. K.J., Appellant,…

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Can My Custody and Parent-Time Order Be”Redone” Because I Was a Vulnerable Adult (My Mental Health Was Suffering) at the Time the Orders of Child Custody and Parent-Time Were Made? I Didn’t Attend the Court Hearing (I Know), but the Entire Thing Unfair to Both the Children and Me.

There is a case in Utah that may almost precisely be on point for the circumstances you describe, Hogge v. Hogge, 649 P.2d 51, 54 (Supreme Court of Utah 1982). Here…

Continue ReadingCan My Custody and Parent-Time Order Be”Redone” Because I Was a Vulnerable Adult (My Mental Health Was Suffering) at the Time the Orders of Child Custody and Parent-Time Were Made? I Didn’t Attend the Court Hearing (I Know), but the Entire Thing Unfair to Both the Children and Me.

In re K.B – 2024 UT App 114 – Termination of Parental Rights

In re K.B - 2024 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.B., Appellant, v.…

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Harris v. Hunt – 2024 UT App 117 – Civil Stalking Injunction

Harris v. Hunt - 2024 UT App 117 THE UTAH COURT OF APPEALS DALE HARRIS, Appellee, v. JUSTIN HUNT, Appellant. Opinion No. 20230753-CA Filed August 15, 2024 Fifth District Court,…

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Dividing Personal Property In Your Divorce Is Not As Hard As It Seems By Braxton Mounteer, Legal Assistant

During the course of a marriage, you will accumulate marital property, and during your divorce, you will need to divide those items. You may be tempted to bicker over every…

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2024 UT App 104 – In re B.D. – What is a dependent child?

2024 UT App 104 - In re B.D. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF B.D., A PERSON UNDER EIGHTEEN YEARS OF AGE. N.D., Appellant,…

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McPherson v. Copp – 2024 UT App 107 – common law marriage, undisclosed witnesses

2024 UT App 107 THE UTAH COURT OF APPEALS SEAN MCPHERSON, Appellee, v. LYNN COPP, Appellant. Opinion No. 20220404-CA Filed August 1, 2024 Third District Court, Silver Summit Department The…

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Kinsey v. Kinsey – 2024 UT App 120 – Termination of Alimony

Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…

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Is It Time to Recognize “Semi-cohabitation” as a Basis for at Least Reducing the Alimony Award?

Currently in Utah, alimony, the Utah Code provides, at § 30-3-5(11)(a), which will, effective September 1, 2024, be renumbered as § 81-4-504(1), as follows: (11)(a)   The court has continuing jurisdiction…

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Kinsey v. Kinsey – 2024 UT App 120 – termination of alimony

Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…

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How to Fill Out Your Financial Declaration, Paragraph 6. By Braxton Mounteer, Legal Assistant

Paragraph 6 of your financial declaration addresses your after-tax income. Your after-tax income is a simple calculation. Take your gross monthly income (calculated in paragraph 4) and subtract your monthly…

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How Do You Enforce Court Orders That Have Been Issued in a Utah Divorce Case or Child Custody Case?

Many people who have gone through a divorce case or unmarried parents who have gone through a child custody case find themselves at the end of the case with a…

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How to Fill Out Your Financial Declaration, Paragraph Five. By Braxton Mounteer, Legal Assistant

Paragraph five of your financial declaration is about the amount of taxes on your monthly income that you pay per month (or what the average monthly deduction from your income…

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Can’t I Claim an Offset or Credit for the Children’s Other Expenses That I’ve Paid?

My ex-spouse is the primary custodial parent, and I am ordered to pay child support. My ex wastes child support money and/or doesn't spend it on the needs of our…

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My Ex and I Have Joint Custody, but He Hasn’t Been Letting Me See My Child for a Couple of Months Now. Will He Lose Custody if I Go Back to Court and Tell Them About This?

I’ll assume that what you mean by “my ex and I have joint custody” is you and your ex share physical custody of your child. I’ll also assume that in…

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What About My Children? Can They Use Social Media During My Divorce?

Unless the law of your jurisdiction or a court order in your particular case prohibits your children from viewing or posting on social media during the pendency of the divorce…

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My Spouse Refuses Divorce but I Need to Be Divorced. My Spouse Says He/She Will Make My Life and the Kids’ Life Hell if I Leave. I Don’t Want to Spend a Fortune on a Lawyer.

Are you a churchgoer? Are you a member of a church? If so, your church may have resources available to members to help them with various legal concerns or problems.…

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If Someone Is Caught Breaking a Protection Order and They Go to Court for That Can the Person Who Needed the P.O. Go to Court to Speak out About the Violation?

Yes, but it depends upon what you mean by “can the person who needed the P.O. go to court to speak out about the violation?” If the person who needed…

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How Difficult Would It Be to Get Legal Custody Back After Willingly Giving 100% Legal Custody to My Child’s Mother?

In Utah, if you have not had your parental rights terminated, but instead you simply agreed to your child’s parent having custody of the child (with you having little to no…

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How to Fill Out Your Financial Declaration, Paragraph Four. By Braxton Mounteer, Legal Assistant

Paragraph four of your financial declaration deals with your gross monthly income. Your gross monthly income is your income from all sources. This includes, your income from employment, your work,…

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What Is Dissipation of Marital Assets? How Is It Addressed in Utah Divorce Actions?

We’ll start with this: The marital estate is generally valued at the time of the divorce decree or trial. Goggin v. Goggin, 2013 UT 16, ¶ 49, 299 P.3d 1079. The…

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Is it possible for a husband to set conditions for getting back together after a separation or divorce, even if the divorce has already been filed?

This question is best answered in two parts. Can a husband dictate what his wife “must do” to reconcile with him? Obviously he cannot. Reconciliation is a mutual decision. Even…

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How to Fill Out Your Financial Declaration, Paragraph Two. By Braxton Mounteer, Legal Assistant

Paragraph two of your financial declaration details the documents that you must attach to your financial declaration (unless they don't exist). It is not optional; they are the documents you are required…

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Lessons for Protective Order Respondents from the case of State v. Lewis (2024 UT App 96)

On July 11, 2024, the Utah Court of Appeals issued its decision in the case of State v. Lewis (2024 UT App 96). The appellant, Kevin Lewis (Kevin), appealed his conviction for…

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What do I have to do to modify the child custody and/or parent-time award?

“I want more time with my children.” “Our children want to spend more time with me.” “My ex-spouse does not exercise the time he/she was awarded with our children.” What…

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Merrill v. Merrill – 2024 UT App 94 – Tax Rate, Expenses, Affect on Income Calculation

Merrill v. Merrill - 2024 UT App 94 THE UTAH COURT OF APPEALS LUTISHA MERRILL, Appellee, v. JOHN RICHARD MERRILL, Appellant. Opinion No. 20210785-CA Filed July 11, 2024 Third District…

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