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…
(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…
This question perennially arises at graduation time, and it’s graduation time when I write this post. Unless your Utah-issued decree of divorce contains provisions for child support that deviate from…
Divorce cases are not tried to a jury in any state except one: Texas. In all other states, including Utah, divorce and child custody cases are tried to the bench,…
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…
It addresses the validation and recognition of a marriage regardless of the race, ethnicity, or national original of the parties to the marriage, and would repeal a current provision in…
I can’t speak for all jurisdictions, but in the jurisdiction where I practice divorce and family law (Utah), child support awards are generally, in my opinion, 1) too high, 2)…
Generally, yes. Utah Family Law, LC | divorceutah.com | 801-466-9277 (48) Are good people suffering more from divorce than bad ones? - Quora
As any attorney can do with any client, a PGAL clearly has the right to argue on a child client's behalf, and the Utah Code makes clear that a PGAL…
Read this article to learn about how the Utah Supreme Court is hearing arguments about elective abortions in Utah and which rights are protected in the state. ; https://www.sltrib.com/news/politics/2023/08/08/does-utah-constitution-protect/
I am not licensed to practice law in the state of New York, but I will answer your question according to the law of the jurisdiction where I do practice…
Can my non-custodial parent consent to a tattoo for me? I'm a minor and my mom has full custody of me. She’s thought about allowing a tattoo but has never…
We should note first that not all courts/judges/judicial officers are against fathers. Some courts/judges/judicial officers are against fathers (far too many), but not all of them. Why are the judges…
There is no rationally or morally justified reason for making divorce illegal in any and all circumstances. That stated, most would agree that while it was instituted with the best…
From KSLnewsradio.com: Utah social media law is ambitious, but is it enforceable? https://kslnewsradio.com/1995488/utah-social-media-law-is-ambitious-but-is-it-enforceable/ The answer to the question of whether it is enforceable is: No. What the kids don't do…
Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this…
The law governing the duration of alimony is pretty simple and straightforward: See Utah Code § 30-3-5, subsections (1)(c) and (11)(e): (1) As used in this section: ***** (c) "Length…
I was awarded the house in the divorce. My ex’s things are still here and he/she won’t pick them up. When are they deemed abandoned? Utah Code § 67-4a-201 provides,…
Here is a summary of new law affecting divorce and family law that was created by the Utah State Legislature in 2022: HB (House Bill) 122 1st Substitute, entitled “Family…
What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections…
MyCase is an online system developed by the Utah State Courts system that you can sign up for free of charge and use in your family law case and certain…
If you get a divorce but everything is in your name, do you get to keep everything or do you have to split it? I will answer your question in…
Do you think it's acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all? Generally,…
Is there anything illegal about a previous lawyer wanting to charge their ex client for a copy of their case file? I can’t answer for all jurisdictions, but in Utah…
Every jurisdiction is different regarding which court hearings are open to the public and whether recordings of their proceedings are available to the public or even to the parties’ themselves. …
Do both parties have to sign divorce paperwork in order for a divorce to be granted? It is possible in many jurisdictions (Utah being one of them; if you are not…
I will answer your question in the context of Utah law because I practice divorce and family law in the state of Utah. First, here is how duress is defined…
2022 UT App 60 THE UTAH COURT OF APPEALS JAMES M. DUFFIN III, Appellee and Cross-appellant, v. BRANDY E. DUFFIN, Appellant and Cross-appellee. Opinion No. 20200361-CA Filed May 12, 2022 Third District Court, West Jordan Department…
I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law…
By Quinton Lister, legal assistant One prominent geographical feature of Utah (where I am a legal assistant for a divorce attorney) is the mountains that surround the cities and towns…
I know of no legal way to force your spouse to filed for divorce against you, but you may not be aware of the fact that your spouse cannot prevent…
I can’t speak for all jurisdictions, but for the jurisdiction where I practice divorce law (Utah), the answer is that you are considered single as soon as the court issues…
I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent…
I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law…
Do I need to show up for court if I was never served papers? I live in South Carolina. I cannot speak for or about the jurisdiction of South Carolina…
Can my ex ask for child support? I have a 50/50 custody and no child support divorce agreement, but his mother alienated him against me and now he refuses to visit…
Does the Utah Office of Recovery Services (ORS) collect childcare monthly reimbursement by garnishing a paycheck like it can to collect monthly child support? No. ORS does and cannot collect…
I get this question a lot, and frankly, I am curious to know the answer myself: If you have a dedicated sleeve in your wallet that holds your driver license…
More proposed family law-related proposed laws from the 2022 Utah Legislative Session Last week I covered four family law bills proposed during the 2022 session of the Utah State Legislature.…
What is the legal basis for all the hoops I have to jump through in my Utah divorce case? This is a great question. It’s a question I often ask…
2021 UT App 122 THE UTAH COURT OF APPEALS KRISTINE L. SANDERS, Appellee, v. TRAVIS JAMES SANDERS, Appellant. Opinion No. 20200618-CA Filed November 12, 2021 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy …
I don’t want to appear immodest, but honestly, my book is probably the best source in one volume: https://store.legal.thomsonreuters.com/law-products/Treatises/Utah-Family-Law-2020-2021-ed-Vol-2-Utah-Practice-Series/p/106664782 You can also find the laws governing Utah divorce and family…
Why Not Have the Judge Interview the Children About Child Custody? Why Appoint a GAL or Custody Evaluator When the Judge Can Interview the Children? This post is the first…
What would happen if an individual gets a second job after child support has been determined? Would the individual be forced to go back, or would it change anything? In…
How can I talk to a lawyer when I don't have money to pay for one? Most jurisdictions have resources for consulting an attorney, even receiving certain kinds of legal…
Second and Third Judicial District Court COVID-19 Guidelines as of April 6, 2020: Second District NOTICE REGARDING DOMESTIC CASES AND COVID-19 As commissioners in the Second District Court, we anticipate…
Allowed to? Yes. I believe that if one can prove that an otherwise happy marriage was destroyed by a homewrecker, one should have a legal cause of action for alienation…
In my jurisdiction (Utah) it would be as easy as making the request in the complaint for divorce, i.e., “Petitioner requests that he/she be awarded alimony.” If by your question…
How much input do you let your child have in deciding who they're going to live with or which parent they'll be spending more time with? This is a question…
In Utah, it is no longer illegal for two consenting adults to engage in adultery or sodomy (and fornication may be de-criminalized too) House Bill 40 (2019 Utah Legislative Session)…
In the jurisdiction where I practice (Utah), the law is: Utah 76-7-103. Adultery. (1) A married person commits adultery when he voluntarily has sexual intercourse with a person other than…