There is a persistent belief in divorce and custody cases that goes something like this: “If I can make the court view my spouse as dangerous, dishonest, or morally repugnant,…
Utah courts deciding child custody and parent-time disputes are charged with acting in the “best interests of the child.” But with exceptions so rare as to be almost meaningless, Utah…
Utah law requires domestic violence protective orders to be supported by a preponderance of the evidence. Increasingly, courts are not applying that standard. Instead, they substitute an unwritten “better safe than…
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…
In the practice of family law, we often hear a sentiment that is as ubiquitous as it is hollow: "We must protect the children from the litigation." On its face,…
Appointing a private guardian ad litem in a child custody and parent-time dispute case often creates a closed loop in which children who are the subject of the dispute cannot…
For too long, the family law system in Utah has operated under an almost universal, yet unproven, assumption: that any minor child who is the subject of a high-conflict custody…
Utah courts frequently exclude child testimony in custody and parent-time proceedings on the asserted ground that doing so protects children from emotional harm. That premise is mistaken. Categorical exclusion is…
There is a pervasive, almost religious orthodoxy in family law litigation over child custody and parent-time that goes something like this: “We must protect the children. Therefore, we must never…
For most who are going through a divorce, whether as the petitioner or as the respondent, they worry about the big, immediate questions: “Who gets the kids? Who gets the…
Child custody orders are not etched in stone, but neither are they revolving doors. Utah law makes that clear. Parents often assume that if circumstances “change” at all (no matter…
People love simple answers. “Couples who marry young.” “Couples without money.” “Couples in second marriages.” “Couples who don’t share hobbies.” You’ve seen the lists. The question itself is flawed. There…
United States Generally In 2020, the median age at first divorce was 42.6 for men and 40.1 for women (Bowling Green State University).[1] The median age varies by demographics: Among…
Plato’s irritation with the Sophists was never about style. It was about moral purpose. As Jonny Thomason discusses in his Big Think essay (it’s a short read and well worth your time), Plato’s frustration…
There’s a persistent belief in the divorce and custody world that the “right” divorce and child custody lawyer can work miracles. That if you hire someone clever enough, aggressive enough,…
If Utah’s domestic-relations legal system is serious about accuracy, fairness, and reducing unnecessary conflict, then the system needs processes that beneficially affect how cases are litigated and how evidence is…
Utah law allows a child to be represented by an attorney—either a guardian ad litem (GAL) when there are allegations of child abuse, or by a private guardian ad litem…
A candid, experience-based guide for parents who need the truth without varnish or theatrics. Not every case involves manipulation. Not every professional fails. But when these problems occur—and they do—the…
This is not unusual: a spouse suddenly “doesn’t own anything,” yet somehow pays the taxes, insurance, maintenance, or mortgage on a house that’s titled in Mom’s name. Or money gets…
If you have spent any time searching for information about alimony, you already know the truth: most people hate the idea of paying it, most people love the idea of…
When Utah courts face high-conflict custody disputes, one common suggestion is to appoint what is known as a Private Guardian ad Litem (PGAL)—an attorney ostensibly tasked with “representing the best interests of…
People often come into court thinking they can game or “outsmart the system.” They’ve read something online, talked to a friend who claims to have “pulled one over on the…
Utah courts are tasked with making custody and parent-time decisions based on the best interest of the child. But you cannot know what schedule truly serves a child’s best interest if…
False allegations of abuse—whether physical, emotional, or “stalking”—are among the most destructive things that can happen to a parent in a custody dispute. Once the words “abuse” and/or stalking is/are…
In Utah, you don’t get a court-appointed lawyer for a divorce case because a divorce case is a civil, not a criminal, matter. That means even if your divorce case affects your…
Utah family courts often order custody, psychological, or substance-abuse evaluations. Learn what to expect, how to prepare, and how to protect yourself during these high-stakes assessments. _________ When a Utah…
In Utah, each licensed attorney is assigned a bar number. Mine, for example, is 7559. An attorney bar number (also often called a bar license number or registration number) is…
Discovery is the stage of your Utah divorce, custody, or support case where both sides gather evidence. It’s not optional, and it’s not endless. Utah’s Rule 26 sets strict standards…
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…
When discovery closes in your Utah divorce, child custody, or support case, you can’t keep gathering (or using at trial) new evidence unless it fits a very narrow exception.Many people…
When discovery closes in your Utah divorce, child custody, or support case, that’s the official end of the evidence-gathering phase. You can’t send out new discovery requests, And you can’t…
A cheap divorce lawyer almost always costs more in the long run. Low-fee lawyers keep prices low by cutting corners (reusing boilerplate, outsourcing analysis and judgment, and rushing cases to…
When you hire a divorce lawyer, you aren’t usually hiring one person, you’re hiring a team. That’s by design, and it’s not meant to be “shortcut” for your lawyer to…
The Absentee Lawyer Problem: When Your Attorney Isn’t Being Fully Responsible for the Work A growing number of divorce clients are unknowingly paying for work their lawyer never actually did.…
When people think of divorce, they tend to picture lawyers, judges, and endless e-mails and paperwork. But that’s just the legal side of the divorce ordeal. The emotional strain, the…
Utah judges and commissioners can—and many often do—bend or ignore laws/rules and facts. Learn how this happens, why appellate oversight rarely corrects it, and what litigants can do to protect…
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…
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…
In Utah, you can still get divorced if your spouse disappears, but only after proving you made a diligent search and using court-approved alternative service of process methods. Missing spouse…
Courts (and the orders that govern them) mean it when they set deadlines. If you miss one, you can lose claims, defenses, evidence, or even your entire case. Excuses like…
In Utah, you can share in your spouse’s lottery winnings if the divorce is still pending. After the divorce is final, you cannot reopen the property settlement, but the winnings…
If you’re divorcing now, the economy matters more than you may think. Economic forces shape divorce outcomes in Utah. Current economic conditions are having a very real, measurable effect on…
One’s divorce case rarely falls apart just because it is legally or factually weak. More often, it’s the divorcing parties themselves who complicate their cases through avoidable mistakes. Courts in…
In Utah divorce, debt is divided equitably, not equally. Mortgages, credit cards, student loans, and medical bills are treated differently, and creditors can still pursue you even if your ex…
I apologize in advance; I cannot limit myself to just one answer, but I will start off with the “top” idea and then share others. Courts could make custody disputes…
In Utah, as in other states, courts deciding child custody and parent-time disputes are charged with applying the “best interests of the child” standard. That standard is necessary, but it…
Divorce lawyers have long grappled with one of the most disheartening realities of our practice: watching a marital estate, built over years, dissolve not into two separate households, but go…
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…
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,…
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…