Most of the answer to your question lies in your question itself. If you should be winning the arguments in your case but are losing “due to lack of representation,”…
No, and I’ll tell you why in the context of discussing a newly proposed Utah Rule of Civil Procedure which would be Rule 53A, entitled “Special masters for parenting disputes…
Child custody disputes between parents (whether in a divorce case or between unmarried parents) are among the most bitterly fought cases, as parents fight over the right to be integral…
I am a divorce and family lawyer. So I know that there are laws on the books in my jurisdiction (Utah) and in other jurisdictions throughout the U.S. that make…
In contemporary Utah divorce and child custody disputes, courts frequently order parents and children to participate in reunification therapy, family systems therapy, or other forms of therapy and counseling. While…
While every divorce case is unique, the following outlines the general stages and timeframes involved in a Utah divorce case. Understanding the basic timeline of a typical case in Utah…
So many in the Western world who could be happily married have lost sight of the purpose of marriage, and so their marriages end in divorce not because of any…
There are some genuinely nice men and women serving in law enforcement. That stated, any time when a law enforcement officer is asking you questions, be aware that 1) law…
Ideally, with overwhelming amounts of compelling, objectively verifiable evidence that 1) the mother is unfit to exercise custody of the child; and 2) you are fit to exercise custody of the child. Why overwhelming…
Divorce is one of the most difficult things that someone can experience. Many in the field of psychology rank divorce just behind a spouse’s death on lists of the most…
If a spouse (husband or wife) is ordered by the court to pay alimony but then quits his/her job and then tries to claim “I can’t pay alimony because I…
Good point, and good question. Although the amount of time fathers are being awarded with their children is increasing in child custody dispute cases (and has been for the past…
I get calls about this frequently from former and from brand new clients: it may have been half a year or more since the child custody case was resolved, either…
Yes, it’s true; this happens sometimes. But more broadly speaking, there are all kinds of situations in divorce where both husbands and wives, fathers and mothers make extortionate deals to…
If there is no court order that addresses and controls the question of who can pick up or drop off the children in connection with custody and parent time exchanges,…
2024 UT App 169 - Ward v. McGarry THE UTAH COURT OF APPEALS SARA WARD, Appellant, v. MEREDITH MCGARRY, Appellee. Opinion No. 20230365-CA Filed November 15, 2024 Third District Court,…
Wallace v. Wallace - 2024 UT App 164 THE UTAH COURT OF APPEALS JAMES DOUGLAS WALLACE, Appellee, v. JOANNA JUNE WALLACE, Appellant. Opinion No. 20220559-CA Filed November 15, 2024 Third…
Small v. Small - 2024 UT App 173 THE UTAH COURT OF APPEALS NATHAN DALE SMALL, Appellant, v. TRISHA DAWN SMALL, Appellee. Opinion No. 20230487-CA Filed November 29, 2024 First…
I can't speak to what the law is in all jurisdictions, but I can speak to what the law is in Utah on this subject based upon my experience and…
On October 31, 2024, the Utah Court of Appeals issued it opinion in the case of Lerman v. Lerman (2024 UT App 155). It is a decision Utah sorely needed for how to…
Chlarson v. Chlarson - 2024 UT App 160 THE UTAH COURT OF APPEALS JUSTIN THOMAS CHLARSON, Appellant, v. JACQUELINE NICOLE CHLARSON, Appellee. Opinion No. 20230742-CA Filed November 7, 2024 Second…
2024 UT App 156 THE UTAH COURT OF APPEALS AMANDA GODFREY, Appellee, v. RANDY GODFREY, Appellant. Opinion No. 20210871-CA Filed October 31, 2024 Third District Court, Silver Summit Department The…
Lerman v. Lerman - 2024 UT App 155 THE UTAH COURT OF APPEALS DEREK LERMAN, Appellee, v. MICHELLE LERMAN, Appellant. Opinion No. 20230913-CA Filed October 31, 2024 Second District Court,…
2024 UT App 133 - Bountiful City v. Swenson THE UTAH COURT OF APPEALS BOUNTIFUL CITY, Appellant, v. ROBERT TAKASHI SWENSON, Appellee. Opinion No. 20230430-CA Filed September 19, 2024 Second…
Lunt v. Lunt - 2024 UT App 148 THE UTAH COURT OF APPEALS MEGAN LUNT, Appellee, v. DREW E. LUNT, Appellant. Opinion No. 20220596-CA Filed October 18, 2024 Third District…
In Utah, a parent is not required to have a job and it's likely that a court cannot order a parent to get a job and earn money. If that parent…
Corn v. Groce - 2024 UT App 84 THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court, Farmington…
Many reasons can account for this (in no particular order of prevalence): Bitterness/Sore loser Revenge/trying to set themselves up for a second bite at the apple in a future petition…
We are not meant to be alone. We are meant to be married and to have a family. This is why losing/ending a marriage (and breaking up a family, if…
Answer: Almost certainly no. See Dahl v. Harrison, 265 P.3d 139, 2011 UT App 389 (2011). Note: Under the current Utah Rules of Civil Procedure, responses to written discovery requests are due…
This is not an easy decision to contemplate for most people of your age. If you married in your twenties, then you are likely at least 57 years old when…
Believing that change is inevitable, normal, and survivable. Jonny Thomson made this reel on his Facebook page, “Mini Philosophy,” which I think answers your question about as well as it…
People divorce for many different reasons, but regardless of the reason or reasons for seeking a divorce, the dissolution of a marriage and the breakup of a family usually causes…
Yes. Anyone who denies this fact is lying to you. This does not mean that fathers cannot get a fair shake in child custody cases; they can, but most fathers…
First, for those of you who don’t know what a “narc” is, let’s address that. A “narc” in this context is a narcissistic spouse. Click here for a more detailed…
Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…
Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…
There are literally thousands of lists you can find online that do an excellent job of identifying the reasons accurately, clearly, and concisely. I recommend that you find them and…
“I want more time with my children.” “Our children want to spend more time with me.” “My ex-spouse does not exercise the time he/she was awarded with our children.” What…
Merrill v. Merrill - 2024 UT App 94 THE UTAH COURT OF APPEALS LUTISHA MERRILL, Appellee, v. JOHN RICHARD MERRILL, Appellant. Opinion No. 20210785-CA Filed July 11, 2024 Third District…
Thorup v. Thorup - 2024 UT App 93 THE UTAH COURT OF APPEALS MONA THORUP, Appellee, v. MARCUS THORUP, Appellant. Opinion No. 20220583-CA Filed July 5, 2024 Third District Court, Salt…
2024 UT App 84 - Corn v. Groce THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court,…
State v. Smith - 2024 UT App 82 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. STEVEN TIMOTHY SMITH, Appellant. Opinion No. 20220299-CA Filed May 31, 2024 Fifth…
2024 UT App 91 – In re R.D. THE UTAH COURT OF APPEALS IN THE INTEREST OF R.D. AND Z.J., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.J., Appellant, v. N.J.…
I can’t speak to what the law governing prenuptial agreements is in any jurisdiction other than the one in which I practice divorce and family law (Utah), but as to…
Taking your divorce case to trial is almost always a long, complicated, and emotionally exhausting process. You may be tempted to believe you can leave all of the work to…
I can't speak for the law in all jurisdictions, but I can tell you what the law is where I practice divorce law (Utah). Can your spouse ask you to…
Sure, they need that. It is a great idea. Where there is a demand to be filled, markets arise to fill them. It would be a great benefit to people…
You may have the idea that you can leverage his or her favorite or most valued things to get a more favorable outcome in your divorce. Holding property that rightfully…
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…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
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