When a Utah divorce case is commenced, life doesn’t stop while the case is pending. Children still need a consistent schedule. The mortgage, utilities, and insurance bills still come due.…
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,…
(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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
By Braxton Mounteer, Legal Assistant One of the most common accusations we hear in divorce cases today is: “My spouse is a narcissist.” It's become the go-to label for bad behavior,…
If you’re feeling like you can’t go on with your divorce case, know that you’re not alone in feeling that way. And you’re not weak for feeling overwhelmed. Take a…
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:…
Taylor v. Taylor - 2025 UT App 94 THE UTAH COURT OF APPEALS JACQUELINE KEMPTON TAYLOR, Appellant, v. MARK BENNETT TAYLOR, Appellee. Opinion No. 20230868-CA Filed June 26, 2025 Third…
Although they shouldn't do it, courts will generally treat mothers and fathers differently simply based upon sex. Sexual discrimination, to put it bluntly. Not all courts do this, but many…
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…
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…
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…
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…
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…
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…
Yes, it is advisable. You can’t go wrong by waiting to start dating until after your decree of divorce is issued by the court. Personally, I consider it immoral to…
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…
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…
Beverlin v. Beverlin - 2025 UT App 72 THE UTAH COURT OF APPEALS STEVEN K. BEVERLIN, Appellee, v. GAIL W. BEVERLIN, Appellant. Opinion No. 20230597-CA Filed May 22, 2025 Second…
In many types of civil litigation, the core issue is not whether time is of the essence, but whether one will eventually recover compensation, and if so, how much. Yes,…
One of the best evidence-gathering tools that a divorce litigant has at his/her disposal is a deposition. What is a deposition? To answer that question, you first need to understand that a…
Miner v. Miner - 2025 UT App 64 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, v. JOHN E. MINER, Appellant. Opinion No. 20230278-CA Filed May 8, 2025 Fifth…
A fair and equitable divorce is the best that any decent person who goes through the divorce process can honestly hope for. If you know you that you will be dealing…
As you know, we’re operating in a drastically different real estate market than we were even a year ago — and it’s impacting divorcing homeowners in unique and challenging ways.…
In theory, collaborative divorce sounds ideal. What is "collaborative divorce"? The two spouses discuss together with their lawyers, mental health professional, financial specialist, and sometimes a child psychologist or development specialist…
Are there any potential drawbacks to switching lawyers, besides the added expenses and inconvenience? There are good reasons to switch lawyers, even if you realize this mid-case. That stated, there…
My wife had an affair, got caught when she got pregnant by her lover, and then separated from me to move in with him. She had the baby and she…
Conflicting Advice Divorce is many people’s first and only experience with serious civil litigation. Many divorce clients can’t believe how different (and how much more disappointing) the legal system is…
Question: Should I pay my lawyer to talk to the opposing party’s attorney? He spent 3 hours last week responding to 12 emails from opposing counsel and I need to…
There are actually three different but related types of child support in Utah for divorced and unmarried parents who obtain child support orders either through administrative means or through a…
Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…
As a legal assistant at a family law firm (and as a soon to be law school graduate), I see firsthand how the current no-fault divorce regime can create problems…
Divorce is for most people a very stressful and emotional process. If you are ready to hire a divorce attorney, knowing how to approach working with your attorney can significantly…
No one is required to hire a lawyer to represent him/her in a child custody dispute. If you are involved in a termination of parental rights or child abuse case…
When you're involved in a family law matter whether it's a divorce, child custody dispute, or a spousal support issue, one of the most frustrating challenges to encounter is an…
Yes, they can. Not merely agreements, but binding and enforceable court orders can be made by the court to address such an issue too. They are hard to enforce (because…
The decisions to marry and to end a marriage are not decisions to be taken lightly. If divorce is ever an easy choice, something is terribly wrong. Wrong with the…
I can identify the problem by phrasing it in the form of several hypothetical questions to a judge: Is the approach to the allegations going to be, “Because these kinds…
2025 UT App 43 THE UTAH COURT OF APPEALS VICKI JO NELSON, Appellee, v. JAMES Q. NELSON, Appellant. Opinion No. 20230483-CA Filed March 27, 2025 Third District Court, Salt Lake…
What can a father do if, after the divorce, the mother, who has custody of the child, turns the child against the father? What can he do? There are many things he…
A house does not need to be vacant to be appraised and evaluated. The appraiser(s) can inspect and evaluate the house while you're spouse or ex-spouse is still living there…
I cannot answer this question as it applies to all jurisdictions, but I can answer it as it applies to the jurisdiction where I practice family law (Utah): Merely because you are…