Does Utah law require divorced or single parents to pay child support in the form of college tuition for their children? Require it? No. Utah does not require divorced or single…
Contrary to popular belief, Utah law does not, as of the time I write this post (April 2025), presume that the physical child custody award will be equal (50/50). Utah law presumes that legal child…
In re I.C. - 2025 UT App 20 2025 UT App 20 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF I.C., A PERSON UNDER EIGHTEEN YEARS…
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,…
The bifurcated inquiry required by Utah law in custody modifications cases where the court must consider whether “there has been a substantial and material change in the circumstances upon which”…
2024 UT App 40 - State v. Heward THE UTAH COURT OF APPEALS, STATE OF UTAH, Appellee, v. BENJAMIN LEE HEWARD, Appellant. Opinion No. 20221055-CA Filed March 28, 2024 Fourth…
Utah, like many states, has struggled with the very concept of equal (“50/50”) custody of children for years. While progress has been made (especially in the past few years), we…
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…
Alimony is a hotly debated subject, whether one is divorced or not. As with most controversial topics, misinformation seems to find its way into the discussion. Alimony is not nearly…
2023 UT 11 - In re C.D.S. and W.E.S IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, in the interest of C.D.S. and W.E.S., persons under…
2023 UT App 61 - State v. West THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. DEBORAH JEAN WEST, Appellant. Opinion No. 20210335-CA Filed June 2, 2023 Fifth…
Mintz v. Mintz - 2023 UT App 17 THE UTAH COURT OF APPEALS RAYNA ELIZABETH MINTZ, Appellant and Cross-appellee, v. GLEN RYAN MINTZ, Appellee and Cross-appellant. Opinion No. 20200507-CA Filed…
2023 UT App 11 THE UTAH COURT OF APPEALS DAVID WELLMAN, Appellee, v. KRISTIN KAWASAKI, Appellant. Opinion No. 20210265-CA Filed February 2, 2023 Fourth District Court, Provo Department The Honorable…
This is a good but very broad question. Here, in a nutshell, is a good way to start learning the answer: If you want to know the divorce laws in…
What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part,…
Can I include that my husband will get 0 in the divorce if he bothers me about my weight in the prenup? I cannot discuss this question as it applies…
I don’t know the rules as they apply in different jurisdictions, but I can tell you what the rule is in Utah, where I practice divorce and family law. In…
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…
Of a sort, and depending upon the particular state, yes. In some places children (minor children, those who are by law deemed incapable of consenting to marry) can marry with…
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…
How difficult is it to get a divorce from a spouse who disappeared +10 years back? No note, no trace, no explanation. If you urgently need to remarry, what processes…
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…
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. …
Yes, there is no law (I know of in any jurisdiction of which I am aware, but check in your jurisdiction to be sure) against a divorced couple resuming a…
I cannot speak for all jurisdictions, but for the jurisdiction where I practice divorce law the answer is “yes”. See Utah Code § 30-3-4(2)(b): §30-3-4. Pleadings--Decree--Use of affidavit--Private records (b)…
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 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…
Is appointing a guardian ad litem a positive tool to help with custody cases? [I will respond to your question based upon my experience with guardians ad litem in Utah,…
Should I be receiving more than $300 a month in child support if my ex-husband makes $1,200 per week? Each jurisdiction has different child support laws and rules, but I…
What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never…
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…
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…
Commencing May 21, 2022, a new rule of the Utah Rules of Civil Procedure will be in force: Rule 100A. While I love the intention behind Rule 100A, reviewing the…
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 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna…
THE UTAH COURT OF APPEALS GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee. Opinion No. 20200557-CA Filed December 30, 2021 Seventh District Court, Moab Department The Honorable Don Torgerson …
Christmas/Winter Break for Parents Under Utah Code § 30-3-35 or (§ 30-3-35.5 for a child 18 months and older) If your Christmas/Winter break starts December 17, 2021 and ends January…
With rare exception in Utah (so rare that it might as well be non-existent), the way courts insist upon custody evaluations being conducted consists of: the court imposing one and…
In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have…
In Utah, the answer to your question would be: Yes, in the form of the restraining order itself. The restraining order itself states that “[t]he order shall expire by its…
I don’t know, and I doubt that statistics are kept on such a question. If there are such statistics, I do not know of them. Generally, the reputation appointed counsel…
I will answer this question as it applies in my jurisdiction (Utah). First, no one has a right simply to choose your judge or choose to change the judge assigned to…
For the jurisdiction where I practice divorce and family law (Utah), the laws the court must consider are found in Utah Code § 30-3-10, 30-3-10.2, and, if the question of…
THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. K.T., Appellant, v.. S.T. AND T.T., Appellees. Opinion No. 20200342-CA Filed August 26, 2021 Third District Juvenile Court, Salt…
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.
© Copyright 2025 Utah Family Law LC. All Rights Reserved. A Sites by Sara Website