Utah Family Law Needs a Subtractive Audit
In 2021, researchers at the University of Virginia published a study in Nature built around a Lego structure (Adams, Converse, Hales, and Klotz). Participants had to stabilize a platform so…
The Silver Split: Why Divorce After 50 Leaves Less Room for Error
Summary: Divorce after 50 leaves fewer working years to rebuild retirement savings, recover from tax mistakes, replace lost earning capacity, or undo a poor housing decision. The most important question…
The Silver Split: Why Divorce After 50 Leaves Less Room for Error
Summary: Divorce after 50 leaves fewer working years to rebuild retirement, absorb tax mistakes, recover from a poor housing decision, or replace lost earning capacity. The most important question is…
In Utah Family Law, Delay Is Not Neutral
Family litigation takes time. Some delay is inevitable and some is justified. Judges have crowded calendars. Lawyers have conflicting trials. Discovery takes time. Serious child-safety allegations may require investigation before…
Proffer Hearings in Utah Family Court: When a Disputed Fact Requires Actual Evidence
Summary: Proffers save time by letting lawyers tell the court what witnesses would say. That works well when the parties agree to proceed that way or when the court assumes…
How Divorce Clients Sabotage Their Own Cases: The Mistakes That Actually Matter
Executive Summary: Most divorce cases are not damaged because clients lack legal knowledge. They are damaged by avoidable mistakes in judgment: hiding bad facts, treating suspicion as proof, creating damaging…
Can I Get Social Security Benefits on My Ex-Spouse’s Record After Divorce in Utah?
Summary: Learn when you can claim Social Security benefits on an ex-spouse’s record, why the 10-year marriage rule matters in divorce, and what Utah courts can and cannot do with…
Let Two Fit Parents Share Equal Time. A Defiant Teenager Is the Best Reason Why.
"Mom, why are you only setting one place for dinner tonight?" "Because your dinner’s at Dad's house tonight. It's your night with him tonight, and I know he's got dinner…
The Arrest Is Not Really the Evidence: Probable Cause and Domestic Relations Cases
A parent tells the police that the other parent assaulted her. An officer responds, interviews people at the scene, and arrests the accused parent. Weeks later, the parties are in…
Child Parent-Time Refusal in Utah: How Courts Tell “Can’t” from “Won’t” (“I can’t make them” is where the inquiry starts)
"Why hasn't your son been to his father's home since March?" "He's sixteen. I can't make him." Sometimes that answer is true. Sometimes it's the end of a long, ugly…
Your Lawyer Has a License. That Does Not Mean You Should Stop Paying Attention.
Executive Summary A law license is not a guarantee of your lawyer’s competence, preparation, judgment, or diligence. You should not assume the worst about your lawyer, but you should understand…
“Are We Prepared?” Is Usually the Wrong Question to Ask Your Lawyer
A hearing is coming up, and you are nervous. That is understandable. So you ask your lawyer: “Are we prepared for the hearing?” Before you ask that question, consider what…
Can You Ask the Court to Test the Custody Schedule You Are Proposing?
Suppose you are asking for joint or equal physical child custody. The other parent opposes it. Why not ask the court to put your proposed schedule into effect temporarily so…
The Answer to Too Much Psychology in Child Custody Disputes Is Not Reflexively More Psychology
Summary. Family law increasingly describes ordinary misconduct in clinical terms. Selfishness becomes narcissism, and disagreement becomes gaslighting. When amateur psychology complicates a child custody dispute, courts and lawyers often respond…
The Cost of Divorce: How to Keep Legal Fees Down Without Cutting Corners
Executive Summary: You do not save money in divorce simply by spending less on lawyers. You save money by using legal help where it adds value and avoiding work that…
The First Draft Is the Fitting, Not the Finished Suit
Executive Summary: I draft legal documents the way a tailor fits a suit. I start with a proven structure, show the client an actual draft, and then adjust the approach,…
Why Are We Hiring a Montblanc to Do a BIC Pen’s Job?
The strange economics of divorce mediation A Montblanc pen may be beautifully made and worth every penny to someone who wants one. But if the job is signing your name,…
The Standard Is Not Perfection. It Is Our Best Work and Nothing Less.
Nobody has any business demanding perfection from judges, commissioners, lawyers, guardians ad litem, custody evaluators, therapists, or court clerks. These are human beings doing difficult work, often under time pressure,…
Neither Spock Nor McCoy: What Administering Utah Family Law Actually Requires
Disraeli said never apologize for feeling, because to do so is to apologize for truth. He was right, and Utah family law should take him seriously. A parent's fear for…
Who Gets the Benefit of the Doubt? What the Lindsay Clancy Case Can Teach Utah Family Courts
The Lindsay Clancy murder trial is about as far removed from an ordinary Utah divorce case as one can imagine. Clancy admitted killing her three young children in Massachusetts in…
When “Erring on the Side of Caution” Becomes a Substitute for Proof
There is a powerful argument for caution in family court, and it deserves to be taken seriously. When a judge or commissioner is confronted with an allegation that a parent…
If a PGAL Can Interview a Child, So Can a Judge or Commissioner
Utah Courts Should Stop Paying an Intermediary to Tell the Factfinder What the Factfinder Can Hear Directly When a child's wishes, concerns, experiences, or perceptions matter in a Utah child…
Could a Reverse Mortgage Save a Gray Divorce Settlement?
(Guest blog by Joe Gordon) One of the biggest challenges in a gray divorce is finding a housing solution that works for both spouses without jeopardizing their retirement. For many…
Utah Litigants Will Soon Have a Right to Free, Expedited Access to Courtroom Audio of Their Court Proceedings
Utah has enacted a meaningful improvement in access to court proceedings. Beginning January 1, 2027, Utah Code § 78A-1-203 will require an audio recording of each public court proceeding in…
Age 18? High School Graduation? When Child Support Actually Ends in Utah
Most parents assume child support stops the moment a child turns 18. In Utah, that assumption is wrong more often than it's right. High school graduation timing controls the termination…
The “Noble Exit” Trap: How Moving Out Can Reshape a Child Custody Case Before It Begins
It often begins with a request that sounds perfectly reasonable. “We need some space.” “The fighting isn’t good for the kids.” “Why don’t you stay somewhere else for a while…
The Performative Care Trap: Why Family Court Is Addicted to Therapy
There is a ritual that plays out with remarkable regularity in Utah family court proceedings. A divorce becomes ugly. A parent is angry. A child is anxious. Communication deteriorates. Someone…
When “Special Training” Becomes a Credentialist Dodge
What “Special Training” Does a Judge Really Need to Talk to a Child? In Utah child custody disputes, one of the stock objections to having a judge interview a child…
Let the Judge Talk to the Child. Have the Judge Talk to the Child
One of the strangest objections to judges interviewing children in child custody disputes is that the interview might make the child anxious. Of course it might. The child’s parents are…
When (and Why) Cheap Therapy Culture Makes Family Law Worse
Mental-health awareness has helped people recognize genuine illness, obtain treatment, and speak about suffering without shame. That is real progress. But family law increasingly reveals the other side of the…
Hidden Assets in a Utah Divorce: What Discovery Actually Does—and Where It Falls Short
Utah's entire system for dividing property, setting alimony, and calculating child support runs on one assumption: both parties are telling the truth about their finances. When that assumption breaks down,…
The Innocent Signature That Creates an Indefinite Trap
Signing Form I-864 is a life-altering federal commitment. A Utah divorce decree court cannot terminate your obligation to support an immigrant ex-spouse, and ordinary prenuptial agreements and alimony waivers generally will…
Public Comment on Proposed Utah Rule of Civil Procedure 110 — Judicial Interview of a Minor Child
Summary: 1. Proposed paragraph (b)(2) applies to judicial interviews substantially the same restrictive threshold the Legislature imposed on compelled child testimony. 2. Concerns about litigation abuse and judicial workload justify…
When a Label Changes the Past: Testing Memory Instead of Trusting It in Custody Disputes
Here is the objection this post is going to draw, so I deal with it directly instead of dodging it: raising questions about the reliability of memory sounds like it's…
Damned If You Do, Damned If You Don’t: Responding to Domestic-Violence Allegations in Protective-Order Cases
An innocent respondent in a protective-order case often faces a problem that courts do not acknowledge clearly enough: The more fully he explains what happened, the more material he may give…
The Court Proceedings Recording Ban That HB 540 Didn’t Fix
Utah's state court rules still prohibit litigants and attorneys from making their own audio recordings of court proceedings, even when a proceeding is open to the public and no legitimate…
Kids Don’t Belong in the Driver’s Seat: How Utah Custody Law Rewards Defiance and Calls It Protection
A fit parent is awarded equal custody of two teenagers. Nothing in the record suggests that parent is dangerous, neglectful, or unfit—the court has already said so. A few months…
Your Therapist May Need a Second Opinion Too
I recently encountered a Facebook Reel that is funnier—and probably truer—than many people will be comfortable admitting. Watch the original Reel here. The Reel’s creator identifies what she calls the…
Viewing Pre- and Post-Nuptial Agreements Through the Humanity Lens
Viewing Pre- and Post-Nuptial Agreements Through the Humanity Lens A premarital agreement is sold to clients as a piece of financial engineering. It provides certainty. It protects separate property. It…
You Don’t Want an Overworked Judge or Domestic Relations Commissioner Deciding Your Family’s Fate
Judge Kasey Wright deserves more credit than ridicule for refusing to pretend that chronic triage is competent judging. On July 13, 2026, Utah Fourth Judicial District Judge Kasey Wright submitted…
When the Old Lame Excuses Fail, New Ones Will Be Invented
Judges in child custody disputes should hear from children more often. A lot more often. It should be routine, the presumptive course, the default. Not because children should decide custody…
“I’m Not Trained to Interview Children” and Other Empty Objections Behind Utah’s PGAL Default
At a recent hearing, a commissioner explained why she was appointing a private guardian ad litem instead of interviewing the child herself: "Given the age of the child, the statutory…
One Opinion, Seven Letterheads: The Family Court Echo Chamber
Christine Miller recently made a point about family court that deserves more attention: the appearance of independent professional agreement where no genuine independence exists. When a court appoints a private guardian…
The Intersection of Federal Immigration Law and Utah Divorce
One of the most complex, high-stakes scenarios occurs when federal immigration policies collide head-on with state domestic relations law. Under the federal Violence Against Women Act (VAWA), a non-citizen spouse…
SB 304 Promised a Fix for Weaponized Protective Orders. Read the Statute
Anyone who practices Utah family law has watched it happen. A child custody dispute is going badly for one parent, or hasn't started yet, and a protective order petition appears.…
Protection Without Prejudice
A temporary protective order should do one thing well: protect against the danger actually alleged and shown by nothing less than a preponderance of the evidence. It should not become…
When “More Likely Than Not” Becomes “Maybe, So Better Safe Than Sorry”
A low evidentiary burden is still a burden. That should be obvious. In Utah temporary protective order practice, however, it is often treated as optional. The preponderance of the evidence…
The Paper Shield: Protecting Victims Without Abandoning Due Process
Few legal proceedings can rearrange a person’s life as quickly as an ex parte protective order. A judge can remove someone from the family home, restrict contact with children, limit access to…
The Family Home in Divorce: Sell It or Let One Spouse Keep It?
For many Utah couples, the family home is the largest asset in the divorce. It is also often the most emotional one. That combination can make it dangerous. A spouse…
The Standard of Proof Is the Immune System of Family Law—and Courts Keep Suppressing It
This post is a companion to The Bloodletting of Family Law. That post diagnosed a system that mistakes itself for the cure. This one is about the cure the system…
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