The Price of Professionalism: The Pro Se Paradox in Family Court
The "Rules for Thee, But Not for Me" Phenomenon The legal system is built on procedure. For an attorney, failing to file a motion on time or improperly authenticating a…
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…
What Utah Law Actually Says About Hearing From Children in Custody Cases
In the prior discussion, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, attachments, and lived experience without hearing directly…
What Counts as “Testimony” When the Court Hears From a Child
In the prior two posts, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, relationships, and lived experience without hearing…
When the System Resists Hearing from the One Person Who Actually Lives the Case
Seth Godin observed that every important medical innovation of the last several centuries—handwashing, antibiotics, acknowledging the dangers of smoking—was initially resisted by the medical establishment. Not because the ideas were…
What Legal Assistants Do in Divorce and Family Law Cases—and Why It Matters
Divorce and family law cases are often described in terms of lawyers: legal advice, strategy, negotiations, and court appearances. None of that works unless the case itself is properly built…
When Can Things Be Submitted to the Court?
Every year, I watch people bring “important” documents to court that the judge will never read. Emails. Text messages. Financial records. Therapist letters. Receipts. Recordings. Sometimes the most important material…
“When in Doubt, Grant the Protective Order” Is Not a Legal Principle
In discussions about protective orders and alleged domestic violence, I often hear a familiar refrain: “Protective orders should be granted liberally even when the question comes down to one person’s…
Why This Debate Is So Often Avoided in Utah Child Custody Cases
This post is the fourth in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
Restoring Judicial Fact-Finding in Utah Child custody Cases: Adjudication Without Synthetic Substitutes
This post is the third in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
When Help Becomes Substitution: Where Utah’s Use of Best-Interest Professionals Breaks Down Legally
This post is the second in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
Why Utah Courts Rely on GALs, PGALs, and Custody Evaluators — The Best Case
This post is the first in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, beginning with the strongest…
The ‘Loyalty Conflict’ Myth: Why Courts Project Adult Anxiety Onto Children
When ‘Protecting Children’ Really Means Protecting Adults The Loyalty Conflict: A Convenient Scapegoat for Adult Discomfort The most common objection to a child testifying in a custody or parent-time dispute…
The Emperor Has No Clothes: When Do Credentials Prove Superior Skill in Interviewing Children?
Questioning the Assumed Superiority of Custody Evaluators and Guardians ad Litem A foundational assumption in modern custody practice is rarely stated outright, but it governs nearly everything that follows: that…
The Voice of the Child: Why Simple, Factual Testimony Is Often Safer Than Psychological Interpretation
The Danger of Interpretation When Courts Refuse to Hear from the Child Directly When the court relies on a child custody evaluator or Guardian Ad Litem (GAL), it is not…
Best Interests Without Evidence: The Unexamined Premise of PGAL and Custody Evaluator Appointments
When Courts Hear About Children Instead of Hearing From Them In Utah child-custody and parent-time disputes, motions to appoint a Private Guardian ad Litem (PGAL) and/or a custody evaluator have…
Why Courts Should Explain How They Hear Children in Custody Cases
Evidence, Record-Making, and the Limits of Testimonial Substitution Courts, lawyers, and commissioners in child custody and parent-time disputes often operate on an unspoken assumption: that the only acceptable way to…
The Demonization Myth in Divorce and Custody Cases (And Why It Sometimes Works)
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,…
Why Utah Courts Resist Interviewing Children, and Why That Resistance Is Simply Not Defensible
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…
“Erring on the Side of Caution” Is Still Error: Why Utah Courts Must Stop Quietly Abandoning the Burden of Proof in Protective Order Cases
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…
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…
Hearing is Not Harm: Why Utah Child Custody Courts Must Rethink the Code of Silence
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,…
When Representation Replaces Evidence: The Procedural Problem with PGAL Recommendations
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…
Why Blanket Bans on Child Testimony Fail Children in Child Custody and Parent-time Dispute Litigation
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…
The Tools Already Exist: Utah’s Evidentiary Framework and the Impermissible Silencing of Child Witnesses in Custody and Parent-time Disputes
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…
The False Virtue of Silence: Why We Must Stop Silencing Children in Custody Disputes
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…
The Stranger in a Robe: 6 Things Divorce Litigants Do to Their Own Detriment
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…
When Would It Be Appropriate to Modify a Utah Custody Order?
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…
What Type of Couple Has the Highest Divorce Rate?
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…
What Is the Average Age for Men and Women Who Divorce?
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…
Law Needs Fewer Hired Guns and More Straight Shooters: Why the Legal Profession Must Stop Treating Argumentation as a Contest and Start Treating It as a Path to Truth
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…
Even the Best Divorce Lawyer Can’t Turn a Weak Case Into a Strong One
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,…
A Better Approach to Utah Divorce and Child Custody Litigation
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 Does Not Bar Children From Testifying—Even When a PGAL Is Appointed
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…
How to Protect Your Child From Being Manipulated Into Making False Accusations During a Custody Dispute
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…
If Your Spouse Hid Assets by Titling Them in a Parent’s Name, Is That “Smart Protection” or Financial Fraud? How Do You Prove It in Utah Divorce Court?
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…
Is Alimony Still Necessary? Or Is It an Outdated Relic? A Utah Divorce Lawyer’s Honest, Earnest Take
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…
A Shield, Not a Gag: Utah’s PGAL Statute Authorizes Representation, Not Substitution
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…
You Must Follow Court Rules, and You Cannot Be a Law Unto Yourself
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…
Evidence, Not Guesswork: The Case for Testing Proposed Child Custody and Parent-time Schedules Before Making Final Custody and Parent-time Orders in Utah
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…
How to Protect Yourself from False Abuse Accusations During Custody Exchanges and Other Interactions
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…
Utah Courts Don’t Appoint Lawyers in Divorce Cases. Here Is What That Really Means.
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…
What Should I Do If I Have to Have a Custody Evaluation, Psychological, or Other Evaluation Conducted?
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…
What Are Attorney Bar Numbers, and What Can They Tell You?
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…
Utah Discovery Rules: What Every Divorce or Custody Litigant Should Know
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…
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…
What Counts as “New Evidence” After Discovery Closes in a Utah Divorce Case?
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, It’s Really Closed: What That Means in Utah Family Law Cases
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…
The False Economy of the Cheap Divorce Lawyer
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…