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In re Adoptoin of B.B. – 2017 UT 59

September 6, 2017

...time to challenge that determination under section 1914 (cont.) proceedings, Birth Father’s rights are inextricably tied to the order terminating Birth Mother’s rights, as that order purported to terminate his...

In re Adoption of B.B. – 2017 UT 59 – contested adoption of American Indian child

September 6, 2017

Divorce Utah

Adoption, Utah Supreme Court Decisions

...time to challenge that determination under section 1914 (cont.) proceedings, Birth Father’s rights are inextricably tied to the order terminating Birth Mother’s rights, as that order purported to terminate his...

In re Gestational Agreement – 2019 UT 40 – same-sex spouses gestational agreements

August 20, 2019

Divorce Utah

Same Sex Marriage, Utah Supreme Court Decisions

gestational agreement, intended mother requirement, same-sex spouses, Utah Code § 78B-15-803(2)(b), Utah Uniform Parentage Act

...after the birth of the child.[22] Thus, the gestational agreement statute both creates and terminates parental rights. ¶18 Because the validation of a gestational agreement involves the termination and creation...

O’Hearon v. Hansen, 2017 UT App 214 – Utah’s Custody and Visitation for Persons Other than Parents Act

December 19, 2017

Divorce Utah

Stepparents

"is absent", Utah Custody and Visitation for Persons Other than Parents Act

...term, a scientific phrase, or a legal term of art” and, if it does, “the specialized meaning controls”). Here, the Act does not provide a separate definition of the term...

In re L.L. – 2019 UT App 134 – qualified expert witness, ICWA

August 19, 2019

Divorce Utah

Child Custody, Indian Child Welfare Act (ICWA)

"serious emotional or physical damage to the child”, “qualified expert witness”, 25 U.S.C. § 1912(e), Indian Child Welfare Act (ICWA), remove Indian child from parent’s custody

...25 U.S.C. § 1912(e) (2012). The questions presented for our determination are what constitutes a “qualified expert witness” and whether a Utah court must apply the definition of that term...

Gardner v. Gardner – 2019 UT 28 – alimony – infidelity – tax burden

...we conclude that the district court’s fault determination authorized it to consider fault as part of its alimony determination, we must also determine whether the manner in which the court...

Thayer v. Thayer, 2016 UT App 146, July 14, 2016

December 28, 2016

Divorce Utah

Uncategorized

...USFSPA’s definition of that term; in other words, disposable retired pay in the context of military retirement pay is a specialized term that carries the distinct meaning Congress has ascribed...

MacDonald v. MacDonald – 2018 UT 48 – modification of alimony

September 14, 2018

Divorce Utah

Alimony and Support, Men's Divorce Issues, Modification of Alimony, Utah Supreme Court Decisions, Women's Divorce Issues

alimony modification, foreeable, modification of alimony, Utah Code § 30-3-5(8)(i)(i)

...into the terms of the statute. And on that basis we affirm the court of appeals’ determination that Utah Code section 30-3-5(8)(i)(i) means what it says—a court has authority to...

Pope v. Pope 2017 UT App 24

March 9, 2017

Divorce Utah

Uncategorized

...be dishonest when the court itself determined that the evidence was insufficient to demonstrate that he engaged in any illegality. Thus, Father argues that the district court’s determination that the...

Mortgage and Divorce: Navigating Financial Independence (by Redfin)

February 12, 2019

Divorce Utah

Marital Home, Marital Property, Real Estate/Real Property

dividing proceeds, dividing profits, lease, refinancing, rent, selling

...the home. A buyer does not step forward to purchase the home. If one or more of these conditions apply, renting your existing home short-term or long-term is always a...

White v. White – 2017 UT App 140 (August 3, 2017) – division of marital assets – homestead exemption – proper service

August 9, 2017

Divorce Utah

Assets/Debt/Property, Divorce Law, Divorce Procedure, Evidence, Finances, Procedure and Evidence

...held a hearing on the parties’ motions. The commissioner determined that the sale of the Property was fraudulent and conducted in bad faith. The commissioner also determined that Dean was...

Lay v. Lay – 2018 UT App 137 – § 30-3-35.1 parent-time not mandatory

July 25, 2018

Divorce Utah

Child Custody, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

“may consider”, § 30-3-32, § 30-3-35, § 30-3-35.1, mandatory, optional, optional schedule, Parent Time, schedule, Utah code

...determination absent a showing that the court has abused its discretion. See Wight v. Wight, 2011 UT App 424, ¶ 23, 268 P.3d 861. However, we review the district court’s...

Can a mother take a child from the father just because she chose not to marry him?

November 20, 2018

Divorce Utah

Child Custody, Unwed Parents

How do you feel that a mother can take a child from their father without any legal repercussion just because she chose to string along an engagement and never get...

Porenta v. Porenta – 2017 UT 78

November 21, 2017

Divorce Utah

Property Division

fraudulent transfer, fraudulent transfer act

...abrogate a [party’s] obligation or assume the role of an advocate by researching all applicable law and searching the entire record for each and every indication of possible or potential...

Do you put any stock in those attorney rankings, honors, and badges when you shop for your attorney?

January 31, 2018

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness, Preparing for Divorce

...ranks on the first page of Google organically for many related search terms due to the high caliber of recipients, and has become a coveted back-linking source to improve the...

Rent a Reputation – they just won’t quit!

February 7, 2018

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness, Men's Divorce Issues, Women's Divorce Issues

...OF GOOGLE ORGANICALLY for many related search terms due to the high caliber of recipients, and has become a coveted back-linking source to improve the search rankings of law firm...

In re J.A. – 2017 UT App 227 – termination of parental rights, constitutionality, evidence

December 11, 2017

Divorce Utah

Appeal, Child Abuse, Evidence, Juvenile Court, Parental Rights, Utah Court of Appeals, Utah Court of Appeals Decisions

...Holder, 736 F.3d 903, 905 (10th Cir. 2013) (“The purpose of civil definitions is to determine when social services may intervene. The purpose of criminal definitions is to determine when...

Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

...But her inability to secure employment as an attorney in 1993 is not dispositive of her ability to do so nineteen years later. Danielle’s termination and unsuccessful job search nearly...

Mandatory Orientation and Education Courses for Utah Parents Going Through Divorce or Temporary Separation Proceedings in Court

July 26, 2016

Divorce Utah

Uncategorized

...term for the party who files for divorce) must attend the orientation course no more than 60 days after filing with the court. The respondent (which is the term for...

Marital Property

August 25, 2015

Divorce Utah

...agreement to ensure that it is fair. Once the order is final, property division cannot be reopened except in limited circumstances. In long term marriages, the court may determine...

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