When an “Absent” Parent Was Pushed Out
When a parent isn't active in a child's life, most people think they already know why. He must not care. She must have checked out. He must have wanted something…
Is the Settlement of Your Real Property Truly Equitable in Your Divorce Case? Why Real Estate “Net Value” Matters
That eagerness to cross the finish line can be so seductive in reaching a divorce settlement agreement. If the division of assets looks 50/50 on paper, it is easy to…
Fear Wearing the Mask of Reason
On the surface, family court looks like a place of reason. There are statutes, rules of evidence, financial declarations, parenting plans, sworn testimony, judicial findings, and orders written in the…
Utah Child Custody and Long-Distance Relocation: “The 150 Miles or More Rule”Explained
Few child custody disputes create more uncertainty than relocation. A parent may wantto move for a new job, remarriage, school, lower housing costs, or to be closer to family.Those reasons…
Divorce Does Not Make Underemployment Invisible in Utah Alimony Cases
When a spouse earns less after divorce is filed, the court does not have to accept the lower number just because it appears on a paycheck. That is one of…
Does Child Support Cover School Fees and Extracurricular Activities in Utah?
One of the most common sources of conflict between co-parents is not just custody exchanges, holiday schedules, or even the monthly child support payment. Often, it is the steady stream…
The “Best Interests” Standard: Common Factors Judges Consider in Utah Child Custody and Parent-time Disputes
When parents separate or divorce, one of the most important questions is how custody of their children will be determined. Many parents enter the process believing the court will automatically…
PGALs Are Almost Always Appointed for the Court’s Convenience, Not the Child’s Benefit or for the Benefit of Seeking the Truth
For many parents involved in child custody disputes, the phrase “appointing a PGAL” comes up before anyone explains what it means. “PGAL” is short for private guardian ad litem. In…
When Joint Legal Custody Parents Disagree About an IEP in Utah
Some of the strongest child custody disputes are no longer fought primarily through parent-time schedules, exchange disputes, or even direct allegations of abuse. Increasingly, they are fought through institutions. Schools.…
Divorce Mediation Wastes Time, Money, and Effort. There Is an Obvious Better Way.
The way divorce mediation is conducted in Utah is wildly overrated, yet that fact is one of the best kept secrets in the family law legal profession. To be clear,…
Equal Custody in Utah: Common, Increasingly Favored, but Still Not Presumed
A growing number of divorcing and unmarried parents walk into consultations convinced that Utah law now requires “50/50 (equal) child custody.” Some are absolutely certain of it. They heard it…
Divorce Litigants Need (and Deserve) Basic Courtroom Education Before Evidentiary Hearings and Trial
Utah law already recognizes that divorce is a life-altering event. Under Utah Code § 81-4-105, parents must attend an orientation course because the state knows this process is emotionally volatile and…
Do You Actually Need a Vocational Evaluator? How to Prove Earning Capacity in Utah Divorce Cases
In many Utah divorce, alimony, and child support cases, you may not need to spend thousands of dollars on a vocational evaluator to prove earning capacity. Courts determined whether people…
The “Delete” Trap: Why Wiping Your Hard Drive During a Divorce Can Blow Up Your Case
Deleting digital evidence during a Utah divorce can trigger sanctions, contempt findings, attorney fee awards, and devastating credibility problems. Learn how Utah courts treat destroyed evidence under URCP 26, 26.1,…
When No Good Deed Goes Unpunished in Divorce
Good behavior in a marriage is often the wrong behavior in a divorce action (and vice versa) Divorce changes the rules midstream. That is the part most people don’t see…
How Much a Divorce Really Costs (and Why It Gets Out of Control)
Ask some lawyers or clients what a divorce costs and you’ll get an estimate. But divorce doesn’t have a fixed price (often even when a lawyer quotes you a seemingly…
Digital Housekeeping Before Divorce in Utah: Why You Must Change Your Passwords First
Before you file for divorce, your spouse may already have access to more of your life than you realize; your emails, financial accounts, personal documents, and even your private communications…
What Actually Happens When You File for Divorce in Utah (And Why It Takes So Long)
When most people think about divorce, many may picture a courtroom, a judge, and a decision. But this process is a long, costly, and discouraging one. A typical contested divorce or…
Deepfakes in Utah Divorce and Child Custody Disputes: Not If But When
A few years ago, the concern was fake law; lawyers citing to AI-generated cases that didn’t exist. That already happened in Utah. See Garner v. Kadince. The next concern is worse:…
Using Smart Home Tech to Spy on a Spouse in a Utah Divorce Case?
The modern Utah home is a goldmine of digital data. In a divorce or child custody dispute, it often becomes something else: a surveillance system one spouse tries to weaponize…
Pretrial Disclosures Matter in Utah Divorce Cases: Lessons from Prisbrey v. Prisbrey
There’s been (note the past tense) an assumption that creeps into a lot of divorce cases: If the evidence is important enough, the court will let it in. But in Prisbey v.…
Prisbrey v. Prisbrey – 2026 UT App 39 – late disclosure
2026 UT App 39 THE UTAH COURT OF APPEALS LEONA MARIA PRISBREY,Appellee, V. KENT TERRY PRISBREY, Appellant. Opinion No. 20250070-CA Filed March 19, 2026 Fifth District Court, St. George Department The Honorable Keith C. Barnes No. 234500039…
The Thing One Rarely Says Out Loud When Divorce Starts
When divorce or a child custody dispute begins, most people think they know what they’re fighting for. The house. The retirement account. The business. Parent-time. Child support. Alimony. Those are…
The Power of the Prepared Client: Why Readiness Is Your Best Legal Strategy
Divorce is a legal process with emotional consequences—but the court does not care how you feel about your case. It cares about what you can prove, and how persuasively. In…
The “Tooling Up Phase” of Divorce: Why Gathering Your Financial Documents Early Can Save You Thousands of Dollars and Spare You Months of Delay
When people begin thinking about divorce, most want to get it over with quickly. Keep the suffering to a minimum. They want to file immediately, schedule hearings, and get the…
Why Divorce Decrees Don’t Magically Change Mortgages: What Too Many Utah Homeowners Learn the Hard Way After Divorce
Divorcing homeowners in Utah frequently run into mortgage servicer roadblocks when trying to refinance or have a spouse removed from a loan, even when the divorce decree says so. This blog explains…
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…
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 Court Is Not Your Concierge: Why Expecting Personal Care and Attention Can Weaken Your Case
Many people (most) entering into a divorce or custody case often carry an unspoken assumption: surely this judge will see how important this is. Surely the court will recognize the unfairness,…
If You’re Separated Over the Holidays, January Is a Decision Point, Whether You Like It or Not
For many spouses who separated earlier in the year (whether at the outset or mid-year), coming to the end of that year without having initiated the divorce process or without…
The January Divorce Spike: What People Get Wrong About “Starting Fresh”
Every January, divorce filings rise. The phenomenon is real enough that it is known among many divorce lawyers and courts as the January divorce spike. What’s mostly fiction is the…
Court Is Not an Open Mic: Why You Can’t Raise Whatever You Want at a Utah Divorce Hearing
A Utah divorce hearing is limited by the motion before the court, the relief requested, and the evidence properly noticed and submitted. If an issue is not teed up procedurally…
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…
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 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…
Pushing Back Against Judicial Micromanagement: Divorce Courts Need to Enforce Law, Not Parent the Parents
Utah divorce and family courts sometimes wander into nanny-court social engineering, issuing orders that treat parents like fools and/or helpless children who can’t be trusted to act sensibly without judicial…
Are There Rules About What You Can File With the Court and When? Deadlines, Page Limits, and Filing Rules in Utah Family Law Cases
In a Utah divorce or custody dispute, you can’t just file whatever you want with a court and whenever you feel like it. The Utah Rules of Civil Procedure, plus orders…
The Myth of Utah’s “Standard Parent-Time”
Utah law does not impose a mandatory “standard parent-time” schedule. The schedules in Utah Code § 81-9-302 are only possible options for courts to consider. In practice, however, judges often adopt them with little…
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.…
Your Spouse May Not Be a Narcissist; He or She May Just Not Get Along with You
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,…
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…
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 to Handle Child Custody When the Mother Is Negatively Influencing the Child?
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…
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…
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…
How to Handle Child Custody When the Mother Is Negatively Influencing the Child?
Do you want the truth? Or, more accurately, the truth as I see it, having practiced divorce and family law for the past 28 years as of the date I…
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 a Utah Attorney Take a Divorce Case on a Contingency Fee Basis? If Not, Why Not?
Divorce lawyers generally can't take cases on a contingency fee basis due to ethical rules and practical considerations: Express ethical prohibitions. Utah’s rules of professional conduct explicitly prohibit contingency fees in…
Why You Can’t Replace Live Witness Testimony With Just a Written Statement
In Utah family court cases (divorce, child custody, etc.), you generally cannot wholly substitute affidavits or verified declarations for live witness testimony in contested matters. Even if the court allows…