Why Are Divorce Cases Often Delayed?
After 28 years of divorce practice (as of the date this post is shared), I've watched countless cases that could have and should resolve in months drag on for a…
Should I Go Through My Child’s Phone or Other Devices During the Divorce?
Why this comes up Divorce makes parents hyper-vigilant. A child’s smartphone can feel like the master key to what’s really happening—messages with the other parent, photos, social media, location history.…
How Well Divorce Mediation Works Depends on How Well You and Your Spouse Work Together
Don’t divorce lawyers make mediation harder and more expensive? I'm a divorce lawyer, and I'll be the first to admit it: sometimes lawyers can do more harm than good in the…
I Love My Stepchildren, How Can I Spend Time with Them After the Divorce?
Love vs. Law In Utah, stepparents have no inherent visitation rights during the pendency of divorce proceedings or after the court issues the divorce decree. Unless you qualify under the…
Sample Objection Language for GAL and Custody Evaluator Overreach in Utah Courts
(For educational purposes only. Consult your attorney before you considering using these in your own case.) GAL Acting Like a Witness Without Being Sworn “Your Honor, I object. The Guardian…
Compelling Reasons for Permitting Litigants and Their Attorneys to Appear Remotely for Court Hearings
Compelling Reasons for Permitting Litigants and Their Attorneys to Appear Remotely for Court Hearings
World War II’s silk shortage forced the military to abandon a comfortable default; nylon parachutes—stronger, cheaper, and mass-producible—started as a substitute and became the superior standard. COVID-19 did the same…
My Spouse is a Criminal, How Can I Avoid His Downfall?
My Spouse is a Criminal, How Can I Avoid His Downfall?
When people discover that his or her husband or wife is committing crimes or has been convicted of crimes, they often panic. One of the first questions we hear in…
Don’t Let This Happen to You When Drafting a Legal Custody Child Custody Award
If a parent is awarded sole legal custody of a child, does that award not carry with it an implicit obligation to exercise that sole legal custody power in good…
Can You “Buy” a Quicker Divorce Settlement in Utah?
Will offering your spouse more money guarantee a quick Utah divorce settlement? Sometimes. But it often backfires. Here’s how Utah divorce law treats lopsided settlements, when “buying peace” makes sense,…
Alcohol Use Monitoring in Custody and Divorce Cases and Which Monitoring Device and Service to Use: BACtrack vs. Soberlink
When alcohol use (or accusations of it) becomes a custody or parent-time issue, courts want two things: reliable measurements and confidence that the right person took the test. BACtrack and…
In Utah divorce cases, an in-person appraisal is the gold standard for home valuation.
What Is the Home Worth in Your Divorce Case?
(Guest post by Broker and Divorce Real Estate Agent Joe Gordon) While popular and easily accessible, automated valuation models (AVMs)—tools like Zillow’s Zestimate, Redfin Estimate, and other algorithm-based home value…
Why Don’t My Kids Like Me After the Divorce? I’m Not a Bad Person. Not Even Close. I Haven’t Changed. What Could Have Happened?
One of the most painful parts of a divorce can be if children seem to pull away from you. It’s a situation many divorced and separated parents face: after a…
Guardians ad Litem and Custody Evaluators in Utah: Too Often Biased, Flawed, and Beyond Accountability
In Utah custody disputes, Guardians ad Litem (GALs) and custody evaluators can have enormous influence over the outcome, often so much so that it’s far more than the law actually…
Should I Tell My Spouse Before I File for Divorce? Or Will That Put Me at a Disadvantage?
Telling your spouse you are considering divorce before filing can either open the door to a cooperative, low-drama split—or give them time to get the jump on you and hurt…
Should I Forgive My Spouse for Abusing Me and/or Our Children?
Forgiveness is a deeply personal decision, and in the context of abuse it can be a life-altering one. But understand that “forgiving” your spouse for abusing you or your children…
I Can No Longer Afford My Divorce Attorney. What Should I Tell My Attorney? And What Are My Options if I Proceed Without an Attorney in My Divorce Case?
TL;DR: If you can’t afford your Utah divorce attorney anymore, tell him/her immediately. You may be able to arrange a payment plan, switch to limited scope services, or proceed on your…
Arbitration–Mediation in Utah Divorce and Family Law: What It Is and When It Works Best
TL;DR: Arbitration–mediation (arb-med) in Utah divorce and family law starts with arbitration, then gives the parties a final chance to settle in mediation before the arbitrator’s decision becomes binding. It saves…
What Potential Issues and Problems Should I Anticipate and Take Action On Now as a Divorced Parent Whose Minor Children Will Be Going Back to School or Starting at a New School This Fall?
Don’t wait until the first day of school to address custody schedules, school choice, communication with the school, extracurricular costs, or special needs. Review your decree, coordinate with your ex…
I Want to Propose a Settlement in My Divorce Case. How Do I Know What to Offer?
Are you thinking about offering a settlement in your Utah divorce or child custody case? Here is what you should consider before you make the first move — including how…
My Lawyer Says That the Things I Think Are Important to My Divorce and Child Custody Case Are not Important (or Not Nearly as Important as I Believe Them to Be). Is My Lawyer Right? How Can I Know? What Do I Do?
Do you wonder whether your divorce lawyer is ignoring what really matters in your divorce or custody case? With this post you will learn why your concerns may be legally…
My Spouse is Disparaging Me Publicly and/or to Our Children—What Can I Do? What Should I Do?
Divorce or custody litigation often brings out the worst in people. Some spouses can't resist the urge to play the victim or the hero in every story they tell, especially…
Can I Stop My Spouse from Bad Mouthing Me During Our Divorce? By Braxton Mounteer, Legal Assistant
It’s not uncommon during a divorce for one spouse to claim that the other is disparaging them—online, in conversations with mutual friends, or even in front of their children. We…
Should You Have Your Spouse or Co-Parent Subject to a Psychological Evaluation in Your Divorce and Child Custody Dispute?
I. Introduction A psychological evaluation in a custody or divorce case sounds powerful. You may believe (or even know) your spouse to be manipulative, unstable, or even dangerous. So why…
A Presumption of Equal Physical and Legal Child Custody Should Be the Norm
Most parents in Utah assume that when they separate or divorce, the court will start from a position of splitting custody evenly. That’s a reasonable assumption—shared parenting has become the…
Reforming Child Custody in Utah Divorce: A Parental Fitness Approach
In Utah, divorce-related child custody disputes often escalate over parenting flaws that wouldn’t justify state intervention outside divorce. This approach is flawed because it creates a double standard that unfairly…
Family Lawyers: Why Aren’t More of You Moving the Court to Interview Children Instead of Automatically Requesting PGALs or Custody Evaluators?
Most cases don't need a PGAL or evaluator appointment. Why are court interviews often the better choice?: Quality of evidence: Direct court interviews create objective, recorded testimony rather than subjective, unverifiable,…
The Overrated Book, The Understated Truth: Atomic Habits and the Indispensable Role of Quantity in “Quality” Parent-time
People rave about Atomic Habits by James Clear. I do not. It’s not a bad book, but not life-changing, at least not for me. Maybe it didn’t move me much…
Protecting Parental Rights: Why Sole Custody Shouldn’t Be the Default Response
A single mistake shouldn't cost a parent his or her relationship with his/her child. Yet too often, family courts award sole custody based on isolated incidents or "aberrant behavior" that…
Can My Ex Legally Let a Sex Offender Be Around My Kids in Utah?
TL;DR: No, not without strict limits. In Utah, no parent may not allow a registered sex offender to be around your children—even in that parent’s own home—without the other parent’s…
Is Required Divorce Mediation Under the Utah Code a Waste of Time? By Braxton Mounteer, Legal Assistant
If you get divorced in Utah, you may be surprised to learn that you are required—unless you are excused for good cause—to attend at least one session of mediation before…
What Are the Biggest Challenges Men Face During Divorce, and Why Do Some Believe the System Is Unfair to Them?
It is not a matter of beliefs that men are generally (not in every single case, but generally) treated unfairly in divorce. It is a fact. This is why many…
Child Custody and the “Primary Caregiver” Scam
Of the Utah domestic relations commissioners and judges who treat fathers as second-class parents in making temporary and permanent custody and parent-time rulings, they practically gush about the standard for…
The Value of an Education
A diploma is not a "good for one free job/career" coupon. A college degree is growing more worthless (by every measure—not just as a means to a more lucrative job)…
Can Your Spouse Legally Take Half of Everything That Is Yours if You Get Divorced?
It depends on what you mean by “yours,” by what you mean by “mine”. First you need to understand that there are two kinds of property in a divorce situation:…
How Do Fathers Fight for Child Custody?
Do you mean to ask, How do deserving fathers fight: for sole child custody? for joint child custody? for equal child custody? Or do you mean to ask: “How do fathers ‘win’ their…
How Do I Manage My divorce Case While I work Full-time? By Braxton Mounteer, Legal Assistant.
One of the most asked questions about divorce (and biggest source of friction between divorce lawyers and their clients) is how you manage your divorce case while working a full-time…
Utah Divorce Terms Glossary
(most definitions are from or based upon Black’s Law Dictionary, but some are from Utah sources, other sources, or are my own) ADR (alternative dispute resolution). Any procedure for settling…
I Wrote This Email to the Members of the Utah Legislature’s Criminal Justice Appropriations Subcommittee on Behalf of UFLTV
Subject: Please Fund Courtroom Live Streaming I’m writing to ask that you support the $450,000 one-time funding request to enable live streaming of district court proceedings statewide. Live streaming public court…
Sexual Discrimination in Utah Child Custody and Parent-Time Awards – I’m Just Going to Leave This Here (Part 2 of 2)
See Pusey v. Pusey, 728 P.2d 119-121 (Utah 1986): Opinion DURHAM, Justice: Plaintiff cross-appeals from that portion of the divorce decree awarding custody of the older son of the marriage to defendant…
Sexual Discrimination in Utah Child Custody and Parent-time Awards – I’m just going to leave this here (Part 1 of 2)
See Pusey v. Pusey, 728 P.2d 117, 121 (Utah 1986): ZIMMERMAN, Justice (concurring in the result): [I] also believe it is time to discontinue any hint of support for the notion of…
What Evidence Should You Request During the Discovery Process in Your Utah Divorce?
Divorce has many components, one of which often includes litigating in court. Ensuring a fair outcome in your divorce case requires more than just going to court and arguing. One…
Equal Physical Custody – Give It a Chance . . . a Fair Chance
Equal physical custody should be awarded far, far more often than it is currently in Utah. There are so many situations in which we have two loving, fit parents who…
If the Other Parent Is Withholding Parent-Time, Can I Bypass Having to Deal With Him/Her and Pick Up Our Child After School Instead?
If the other parent of your child is withholding court-ordered visitation (often now called “parent-time”) with the child from you, can you solve this problem by circumventing/bypassing having to pick…
How Common Are Cases Where Divorce Proceedings Take a Dramatic Turn Because of Unexpected Evidence, Like in Court Dramas?
In my 28 years’ experience, it’s not common. Indeed, if divorce cases took dramatic turns routinely, they couldn’t be considered dramatic turns. That stated, very true a skilled divorce lawyer…
Is It Possible to Divorce With Dignity?
Divorce is rarely an easy process. Even in fairly amicable situations, emotions can run high and the temptation to engage in dirty tricks can be strong. However, it is possible—and…
Do I Receive Alimony if I’m the One to File for Divorce?
I cannot speak as to what the law is on all jurisdictions, but I can answer this question based upon the law of the jurisdiction where I practice divorce and…
Dividing Retirement Assets in a Utah Divorce
In a Utah divorce, retirement assets are often among the most valuable marital assets to divide. Retirement accounts such as 401(k)s, IRAs, pensions, and government or union retirement plans are…
Can My Spouse Keep My Property After I Have Been Removed or Moved Out of the Marital Home? By Braxton Mounteer
This is a common and important question that arises in a divorce. If you are out of the marital home—whether by court order (such as a protective order) or voluntarily—and…
Do Kids Like 50/50 Custody Schedules?
Some do, some don't. Generally, however, when both parents live in the same neighborhood, so that their children are able to get to school, interact with the same friends, attend…
What to Bring to a Consultation with a Divorce Lawyer
Preparing for a consultation with a divorce lawyer is an important step in understanding your rights and options. To make the most of your meeting, consider bringing the following: Provide…