The Language Barrier of Divorce: Decoding Divorce Jargon
Divorce is hard enough on its own. Add in legal paperwork packed with unfamiliar terms, and it can feel like you’re suddenly expected to speak a completely new language. For…
What Utah Law Actually Says About Hearing From Children in Custody Cases
In the prior discussion, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, attachments, and lived experience without hearing directly…
What Counts as “Testimony” When the Court Hears From a Child
In the prior two posts, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, relationships, and lived experience without hearing…
When the System Resists Hearing from the One Person Who Actually Lives the Case
Seth Godin observed that every important medical innovation of the last several centuries—handwashing, antibiotics, acknowledging the dangers of smoking—was initially resisted by the medical establishment. Not because the ideas were…
What Legal Assistants Do in Divorce and Family Law Cases—and Why It Matters
Divorce and family law cases are often described in terms of lawyers: legal advice, strategy, negotiations, and court appearances. None of that works unless the case itself is properly built…
When Can Things Be Submitted to the Court?
Every year, I watch people bring “important” documents to court that the judge will never read. Emails. Text messages. Financial records. Therapist letters. Receipts. Recordings. Sometimes the most important material…
“When in Doubt, Grant the Protective Order” Is Not a Legal Principle
In discussions about protective orders and alleged domestic violence, I often hear a familiar refrain: “Protective orders should be granted liberally even when the question comes down to one person’s…
Home Equity Red Flags Every Divorce Attorney (and Client) Should Catch Early
Guest post by Joe Gordon Broker / Owner / Certified Divorce Real Estate Expert Direct: 801-577-6304 Email: Joe@Gordon-RealEstate.com www.UtahDivorceRealEstate.com This practice tip comes to you after a heartbreaking case where the…
The Illusion of Protection: Why Utah’s Child Testimony Statute Threatens Due Process and Open Courts
A constitutional critique of Utah Code § 81-9-204(5)(a) Utah, like every state, bears a solemn and compelling responsibility to protect children involved in custody and parent-time disputes. That responsibility is…
The Muzzled Meadow
I. The Founding TraumaIn the Meadow, everyone agreed on one thing: voices were dangerous.It hadn’t always been so. Long ago, animals spoke plainly. Some spoke well, somepoorly, some too much.…
Why This Debate Is So Often Avoided in Utah Child Custody Cases
This post is the fourth in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
Restoring Judicial Fact-Finding in Utah Child custody Cases: Adjudication Without Synthetic Substitutes
This post is the third in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
When Help Becomes Substitution: Where Utah’s Use of Best-Interest Professionals Breaks Down Legally
This post is the second in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
Why Utah Courts Rely on GALs, PGALs, and Custody Evaluators — The Best Case
This post is the first in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, beginning with the strongest…
The ‘Loyalty Conflict’ Myth: Why Courts Project Adult Anxiety Onto Children
When ‘Protecting Children’ Really Means Protecting Adults The Loyalty Conflict: A Convenient Scapegoat for Adult Discomfort The most common objection to a child testifying in a custody or parent-time dispute…
The Emperor Has No Clothes: When Do Credentials Prove Superior Skill in Interviewing Children?
Questioning the Assumed Superiority of Custody Evaluators and Guardians ad Litem A foundational assumption in modern custody practice is rarely stated outright, but it governs nearly everything that follows: that…
The Voice of the Child: Why Simple, Factual Testimony Is Often Safer Than Psychological Interpretation
The Danger of Interpretation When Courts Refuse to Hear from the Child Directly When the court relies on a child custody evaluator or Guardian Ad Litem (GAL), it is not…
Best Interests Without Evidence: The Unexamined Premise of PGAL and Custody Evaluator Appointments
When Courts Hear About Children Instead of Hearing From Them In Utah child-custody and parent-time disputes, motions to appoint a Private Guardian ad Litem (PGAL) and/or a custody evaluator have…
Why You Should Run Proposed Communications by Your Divorce Attorney First
(Yes—even the “harmless” ones) One of the most common and most avoidable mistakes people make during a divorce is communicating too freely, too casually, or too confidently with their spouse…
Why Courts Should Explain How They Hear Children in Custody Cases
Evidence, Record-Making, and the Limits of Testimonial Substitution Courts, lawyers, and commissioners in child custody and parent-time disputes often operate on an unspoken assumption: that the only acceptable way to…
Law Needs Fewer Hired Guns and More Straight Shooters: Why the Legal Profession Must Stop Treating Argumentation as a Contest and Start Treating It as a Path to Truth
Plato’s irritation with the Sophists was never about style. It was about moral purpose. As Jonny Thomason discusses in his Big Think essay (it’s a short read and well worth your time), Plato’s frustration…
Even the Best Divorce Lawyer Can’t Turn a Weak Case Into a Strong One
There’s a persistent belief in the divorce and custody world that the “right” divorce and child custody lawyer can work miracles. That if you hire someone clever enough, aggressive enough,…
A Better Approach to Utah Divorce and Child Custody Litigation
If Utah’s domestic-relations legal system is serious about accuracy, fairness, and reducing unnecessary conflict, then the system needs processes that beneficially affect how cases are litigated and how evidence is…
Utah Law Does Not Bar Children From Testifying—Even When a PGAL Is Appointed
Utah law allows a child to be represented by an attorney—either a guardian ad litem (GAL) when there are allegations of child abuse, or by a private guardian ad litem…
How to Protect Your Child From Being Manipulated Into Making False Accusations During a Custody Dispute
A candid, experience-based guide for parents who need the truth without varnish or theatrics. Not every case involves manipulation. Not every professional fails. But when these problems occur—and they do—the…
If Your Spouse Hid Assets by Titling Them in a Parent’s Name, Is That “Smart Protection” or Financial Fraud? How Do You Prove It in Utah Divorce Court?
This is not unusual: a spouse suddenly “doesn’t own anything,” yet somehow pays the taxes, insurance, maintenance, or mortgage on a house that’s titled in Mom’s name. Or money gets…
Is Alimony Still Necessary? Or Is It an Outdated Relic? A Utah Divorce Lawyer’s Honest, Earnest Take
If you have spent any time searching for information about alimony, you already know the truth: most people hate the idea of paying it, most people love the idea of…
Can the Amount of Child Support or Alimony Be Lowered or Eliminated if Your Ex Gets Remarried? In a Utah Divorce Case, Maybe.
People often assume that once their ex remarries, financial obligations from the divorce automatically shrink or disappear. It’s not that simple. In short: when it comes to the effects on child…
Is a Brief but Past History of Abuse or Substance Abuse the End of Your Chances for Joint Child Custody in Utah?
The short answer: No — you have hope, but you have work to do. Utah custody law has changed significantly in past generation, but the core principles are the same:…
Child Testimony in Utah Custody and Parent-time Dispute Cases: Why a Blanket Ban Is Legally Indefensible
Utah Law Does Not Support a Categorical Bar to Child Testimony Utah’s custodial statute expressly contemplates judicial inquiry into a child’s views. Section 81-9-204(5)(b)(i) provides that “the court may inquire…
Proof, Notice, and Verification Under Utah Law in the Context of Minor Child Expenses: A Practical Guide for Proving Child Health Insurance, Medical Expenses, and Child Care Costs
Utah’s child support statutes—now consolidated under Title 81, Chapter 6 of the Utah Code use the term “verification” repeatedly when describing a parent’s duties to provide proof of child health insurance coverage and…
Why Don’t My Kids Like Me After the Divorce (It May Be Your Fault)
After a divorce that involved minor children of the parties, many of those party parents wonder why their kids become or seem to become distant or resentful. In Utah, children’s…
A Shield, Not a Gag: Utah’s PGAL Statute Authorizes Representation, Not Substitution
When Utah courts face high-conflict custody disputes, one common suggestion is to appoint what is known as a Private Guardian ad Litem (PGAL)—an attorney ostensibly tasked with “representing the best interests of…
You Must Follow Court Rules, and You Cannot Be a Law Unto Yourself
People often come into court thinking they can game or “outsmart the system.” They’ve read something online, talked to a friend who claims to have “pulled one over on the…
When Is It Time to Take Your Ex Back to Court to Terminate Parental Rights?
If the other parent has dropped out of your kids’ lives—no support, no visits, no calls—for six months or more, you may have a legal basis to seek termination under…
Evidence, Not Guesswork: The Case for Testing Proposed Child Custody and Parent-time Schedules Before Making Final Custody and Parent-time Orders in Utah
Utah courts are tasked with making custody and parent-time decisions based on the best interest of the child. But you cannot know what schedule truly serves a child’s best interest if…
If Nobody Agrees That Your Spouse Is the Villain, It May Be You
In Utah divorces, casting your spouse as the villain without proof can wreck your credibility and your custody case. Self-reflection and evidence—not drama—win the day. Divorce brings out strong emotions.…
How to Protect Yourself from False Abuse Accusations During Custody Exchanges and Other Interactions
False allegations of abuse—whether physical, emotional, or “stalking”—are among the most destructive things that can happen to a parent in a custody dispute. Once the words “abuse” and/or stalking is/are…
Utah Courts Don’t Appoint Lawyers in Divorce Cases. Here Is What That Really Means.
In Utah, you don’t get a court-appointed lawyer for a divorce case because a divorce case is a civil, not a criminal, matter. That means even if your divorce case affects your…
What Should I Do If I Have to Have a Custody Evaluation, Psychological, or Other Evaluation Conducted?
Utah family courts often order custody, psychological, or substance-abuse evaluations. Learn what to expect, how to prepare, and how to protect yourself during these high-stakes assessments. _________ When a Utah…
What Are Attorney Bar Numbers, and What Can They Tell You?
In Utah, each licensed attorney is assigned a bar number. Mine, for example, is 7559. An attorney bar number (also often called a bar license number or registration number) is…
Utah Discovery Rules: What Every Divorce or Custody Litigant Should Know
Discovery is the stage of your Utah divorce, custody, or support case where both sides gather evidence. It’s not optional, and it’s not endless. Utah’s Rule 26 sets strict standards…
How to Reopen Discovery for Good Cause in Utah Family Law Cases
Once discovery closes in your Utah divorce, child custody, or support case, it’s supposed to stay closed. The court expects both sides to be finished gathering evidence and ready for…
What Counts as “New Evidence” After Discovery Closes in a Utah Divorce Case?
When discovery closes in your Utah divorce, child custody, or support case, you can’t keep gathering (or using at trial) new evidence unless it fits a very narrow exception.Many people…
When Discovery Closes, It’s Really Closed: What That Means in Utah Family Law Cases
When discovery closes in your Utah divorce, child custody, or support case, that’s the official end of the evidence-gathering phase. You can’t send out new discovery requests, And you can’t…
Why a Good Lawyer Often Asks You Questions Before He Answers Yours
People rarely ask plainly the tough questions they actually need answered. In divorce and custody cases, clients often ask surface questions (“How much will this cost?” “Can I get full…
The False Economy of the Cheap Divorce Lawyer
A cheap divorce lawyer almost always costs more in the long run. Low-fee lawyers keep prices low by cutting corners (reusing boilerplate, outsourcing analysis and judgment, and rushing cases to…
The Absentee Lawyer Problem: When Your Attorney Isn’t Being Fully Responsible for the Work
The Absentee Lawyer Problem: When Your Attorney Isn’t Being Fully Responsible for the Work A growing number of divorce clients are unknowingly paying for work their lawyer never actually did.…
Going it Alone? Bad Idea: Why Your Support Network Matters in Divorce
When people think of divorce, they tend to picture lawyers, judges, and endless e-mails and paperwork. But that’s just the legal side of the divorce ordeal. The emotional strain, the…
Understanding Judicial Discretion and Its Abuses in Utah Family Law
Utah judges and commissioners can—and many often do—bend or ignore laws/rules and facts. Learn how this happens, why appellate oversight rarely corrects it, and what litigants can do to protect…