Divorce does not mean parental rights of child custody can be gratuitously infringed. To award sole custody (or to make any custody award) without providing commendably detailed findings of fact that clearly and scrupulously derive from an impartial citation to the evidence in the record is to violate a parent’s due process and parental [...]
What policies drive Utah divorce decisions? What should?
Unlike other civil actions in which one must assert that the defendant wronged the plaintiff, no fault divorce does not require–indeed does not allow–the court to find fault as a condition to issuing a decree of divorce and the orders contained in that decree.
This simple fact should have a profound impact on divorce policy, but it does not appear to have that [...]