Your Divorce Lawyer is Serious About Deadlines By Braxton Mounteer, Legal Assistant
Throughout the divorce process you will have to meet many deadlines. The court will even provide you with a list of due dates known as a notice of event due…
What Should I Do if My Divorce Is Not Getting Solved Quickly?
This is a great question. Go find a good (a good, not just any) retired divorce attorney (a divorce attorney, not some other kind of attorney who has no idea…
On What Basis Should the Couple Share Half of Property in Divorce if One Contributes Significantly More Than the Other? How Is It Fair?
It’s fair. It’s not fair. Frankly, reasonable minds can differ on this question. The governing principle in the USA is still (though it’s subtly and slowly changing) in most jurisdictions…
What Do We Do When Equal (50/50) Physical Custody Is Awarded but One Parent Isn’t Bearing the Responsibilities Equal Custody Requires of That Parent?
Recently a Quora.com reader commented on my answer to this question: Is there a primary parent in joint custody in Utah which is also known as “equal” or “50/50” custody? They…
What Can I Do if My Ex Doesn’t Let My Daughter Come for My Parenting Time Which Is Summer? Our Divorce Is Not Finalized Yet.
I can give you my personal opinion (not legal advice, but my personal opinion) from my perspective as a lawyer licensed in Utah and who practices divorce and family law…
Elder v. Elder – 2024 UT App 68 – enforcement vs. modification
Elder v. Elder - 2024 UT App 68 THE UTAH COURT OF APPEALS BRITTANY LEE ELDER, Appellee, v. MATT BLAKE ELDER, Appellant. Opinion No. 20210902-CA Filed May 9, 2024 Second…
What Would I Say, if I Were a Judge or Commissioner Hearing a Protective Order Request Case and I Denied the Request for the Protective Order?
I would say this: By law I cannot grant a request for a protective order unless a preponderance of the evidence supports the request. If the request lacks the support…
What Would Happen if One Parent Does Not Bring Their Child for a Utah Court-Ordered Custody Exchange?
First, we need to learn and understand the term for violating a court order. That term is “contempt of court.” In Utah, one commits contempt of court in a civil…
In re Adoption of P.P. – 2024 UT App 62 – ineffective assistance of counsel – adoption
In re Adoption of P.P. - 2024 UT App 62 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF P.P., A PERSON UNDER EIGHTEEN YEARS OF AGE.…
What Are the Options for Someone Who Has Been Served Divorce Papers by Their Spouse Who Has Moved Away and No Longer Wants to Be With Them?
If you want to know your options and have the time to exercise them, then you need to meet with an attorney immediately to find out what the law requires of you,…
Kouri Richins’ Defense Files a Motion to Disqualify Prosecution, Alleging That Her 6th Amendment Rights Were Violated.
According to KUTV, Kouri Richins' defense filed a motion on Friday, May 17, to disqualify the prosecution from the case. To read more about this, click on this link: https://kutv.com/news/local/kouri-richins-defense-skye-lazaro-ray-quinney-nebeker-files-motions-disqualify-prosecution-brad-bloodworth-eric-richins
Second-Hand Testimony Is and Never Will Be Better Than the Witness’s Own Testimony in His/Her Own Voice
For lawyers and parents (and perhaps even commissioners and judges) who hate child custody determinations (temporary or otherwise) based upon proffer, I share this with you: This court has previously…
What Are the Standards for Appeal That Usually Apply in a Utah Case?
See 2024 UT App 54 - Tilleman v. Tilleman, which recites many of them: ¶26 . . . Generally, we review a trial court’s custody award for an abuse of discretion. See T.W. v.…
My Husband Is Forcing Me to Get My Inheritance From Court From My Ex-husband’s (Deceased) Brothers Otherwise He Will Divorce Me. What Should I Do?
Talk to a good (a good) lawyer about whether you even have the right to “inherit” from your ex-husband’s brothers. Unless there are bizarre circumstances at work here, odds are…
2024 UT App 54 – Tilleman v. Tilleman – custody factors, income, fees
2024 UT App 54 - Tilleman v. Tilleman THE UTAH COURT OF APPEALS MICHAEL ROBERT TILLEMAN, Appellant, v. MICHAL CHRISTINE TILLEMAN, Appellee. Opinion No. 20210637-CA Filed April 11, 2024 Fourth…
2024 UT App 51 – Bailey v. Bailey – evidence, sanctions
2024 UT App 51 - Bailey v. Bailey THE UTAH COURT OF APPEALS AMY L. BAILEY, Appellee, v. DANNY RAY BAILEY, Appellant. Opinion No. 20220534-CA Filed April 11, 2024 Second…
Quote by Share F. Cullen
"Our laws can be friendly to those who obey them, and too often useful to those who don't." Share F. Cullen
You Reap What You Sow.
I’m Braxton Mounteer, a legal assistant. I've written and talked about this problem before, but it's a recurring problem and a serious one. It's hard enough to muster the courage…
2024 UT App 47 – In re K.J. – removal, shelter hearing
2024 UT App 47 – In re K.J. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.J., M.J., AND K.J., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
We Can Call It the “Presumption of Guilt Act”
Did you see this in the news in Utah (from the Salt Lake Tribune)? A Utah man never hit his wife — until he tried to kill her. But how…
Rejecting Fact for Faith: the Inexplicable and Inexcusable Silencing of the PGAL’s Child Client
When a PGAL (private guardian ad litem) is appointed to represent children in a child custody dispute in a Utah divorce case, it would sure be good to know what…
My Husband Is Forcing Me to Get My Inheritance From Court From My Ex-husband’s (Deceased) Brothers, Otherwise He Will Divorce Me. What Should I Do?
Talk to a good (a good) lawyer about whether you even have the right to “inherit” from your ex-husband’s brothers. Unless there are bizarre circumstances at work here, odds are…
2024 UT App 43 – domestic violence appeal
State v. Arce - 2024 UT App 43 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JOSE FELIPE ARCE, Appellant. Opinion No. 20220006-CA Filed March 28, 2024 First…
2024 UT App 40 – State v. Heward – plea agreement, ineffective assistance
2024 UT App 40 - State v. Heward THE UTAH COURT OF APPEALS, STATE OF UTAH, Appellee, v. BENJAMIN LEE HEWARD, Appellant. Opinion No. 20221055-CA Filed March 28, 2024 Fourth…
Sorensen v. Crossland – 2024 UT App 41 – denial of due process
Sorensen v. Crossland - 2024 UT App 41 THE UTAH COURT OF APPEALS CANDICE CROSSLAND SORENSEN, Appellant, v. STEVEN G. CROSSLAND AND LORI A. MAY, Appellees. Opinion No. 20220756-CA Filed…
Can I Request to Have My Son’s Grandmother Removed From the Courtroom During My Custody Case Proceedings?
Are the court proceedings in your kind of case open to the public? If so, then the grandmother, being a member of the public, may have a right to be…
Mother Made False Accusations Against a Father to Win Custody and Had a Restraining Order Put in Place With No Evidence to Back Her Reason, Can This Be Overturned?
Can it be overturned? It is possible. Will it be overturned? The odds don’t favor Dad. While some fathers who are falsely accused do obtain vindication, the odds are against…
I Was Just Laid Off, Through No Fault of My Own, and Don’t Know How Soon I’ll Find Work Again or How Much I Might Actually Earn Once I Do. How Do I Get the Court to Reduce or Terminate My Alimony Obligation?
A reduction in the alimony award obligation is extremely difficult to obtain. It's designed to be difficult to modify downward, so that only those who 1) are truly unable to…
McFarland v. McFarland – 2024 UT App 31 – attorney’s fees awards
McFarland v. McFarland - 2024 UT App 31 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellee, v. NICOLE S. MCFARLAND, Appellant. Opinion No. 20221044-CA, Filed March 14, 2024 Second District…
Have You Heard That Fathers Defeat Mothers’ Claims of DV and Child Abuse by Claiming Parental Alienation?
We all know the aphorism, "If it looks/sounds to good to be true, it probably is [not true]." This also means, however, that if it looks/sounds too 𝙗𝙖𝙙 to be true, it…
Why Get it Straight From the Horse’s Mouth When You Can Get a Truncated Version, Second-Hand?
When a custody evaluator and/or private guardian ad litem is/are appointed in a divorce case in which custody and parent-time of the children is disputed, they usually interview the children…
In re Adoption of J.E. – 2024 UT App 34 – termination of parental rights – adoption
In re Adoption of J.E. – 2024 UT App 34 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF J.E., E.E., AND L.E., PERSONS UNDER EIGHTEEN YEARS…
2024 UT App 28 – Smith v. Smith
2024 UT App 28 - Smith v. Smith THE UTAH COURT OF APPEALS JACQUELINE P. SMITH, Appellee, v. DANIEL H. SMITH, Appellant. Opinion No. 20220697-CA Filed March 7, 2024 Third…
In re O.N. – 2024 UT App 27 – failure to sign notice of appeal
In re O.N. - 2024 UT App 27 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF O.N. AND R.N., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.D.,…
Understanding legal terms in Utah divorce actions
If you’re anything like I am, you don’t like being ignorant and confused about terms aren’t familiar with and do not understand. If you are contemplating divorce or find yourself…
Can Child Support (Whether Prospectively or Retrospectively) Be Waived by the Child Support Payee?
The easiest of these two questions to answer is the second one, i.e., “Can child support be waiver retrospectively by the child support payee? The answer is yes, if the…
If I’m asked to take a urine test in the courthouse, will someone watch me?
Probably. The schemes and technology for providing fake urine samples have advanced so much and are available so easily to everyone that most urine collection that courts order is observed…
In re H.H. – 2024 UT App 25 – termination of parental rights
In re H.H. - 2024 UT App 25 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.H. AND N.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.H.…
46% of divorced couples say this was the No. 1 conflict in their relationship—and it isn’t money
From cnbc.com: 46% of divorced couples say this was the No. 1 conflict in their relationship—and it isn’t money (Published Tuesday, August 15, 2023 2:23 PM EDT; Updated Tue, August 15,…
Is there a difference between hearings and trials in Utah divorce cases?
Yes. A hearing is not the same as a trial. While there may be some similarities, they are not the same thing and do not accomplish the same objectives. The…
Doing What’s Best for Children by Refusing to Hear From Them on the Subject (And Other Nonsense).
Recently an attorney posed a question on a forum for fellow Utah family law attorneys. The question involved how to find out what the children’s experiences have been with one…
Is There A Better Way To Conduct Court Proceedings?
A better way to conduct court proceedings came along (a long time ago): remote appearances. You read that correctly: the courts in Utah can accommodate appearances by remote video conference.…
Why Hiding Your Money in a Divorce and/or Child Support Court Case Won’t Work (and why people still try) By Braxton Mounteer
When those who will be ordered to divide assets with a spouse and/or pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their…
Why won’t courts test competing custody and parent-time proposals during the pretrial phase of a case?
Do you want to know where the real money is most often made in divorce and family law cases? Child custody and parent-time disputes, hands down. Rarely do the parents…
Blanket Prohibitions on Child Testimony in Custody and Parent-Time Disputes Are Irrational and Irresponsible.
Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…
What happens if the respondent does not show up in family court?
Like winning the lottery, it does happen, but not very often. Parties rarely fail to appear for proceedings in family court. But if and when they do, the court can…
Is There a Primary Parent in Joint Custody in Utah Which Is Also Known as “Equal” or “50/50” Custody?
Utah, like many states, has struggled with the very concept of equal (“50/50”) custody of children for years. While progress has been made (especially in the past few years), we…
What Must or Should I Do In This Situation?
What do I do If custody order says visitation is from 4 - 8 meeting at police station when there is no school but if there is school that day…
What are the child custody factors that judges consider?
What are the child custody factors that judges consider when determining what's in a child's best interest in custody disputes according to Utah’s family law statutes? The main factors are…
Lamb v. Lamb, 2024 UT App 16 – divorce, custody, business, home equity
2024 UT App 16 THE UTAH COURT OF APPEALS JOSEPH EARL LAMB, Appellee, v. SONYA ELIZABETH LAMB, Appellant. Opinion No. 20210787-CA Filed February 8, 2024 Third District Court, Salt Lake…
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