Blog - Divorce Utah

Why Your Lawyer Might Drop Your Case By Braxton Mounteer

September 22, 2023

Attorney Fees, Business Interests, Divorce, Divorce Attorneys, Divorce Lawyers, Education, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyers, Legal Assistant, Utah

client, drop case, lawyer, losing a lawyer, pro se

So, you have gotten news that your attorney has quit. Your attorney wrote you an email informing you that he or she your counsel either will soon withdraw as your counsel or has filed and served a notice of withdrawal of…

Would You Say Before Marriage Always Sign a Prenuptial Agreement, or Would You Never Agree to Signing One? Why?

September 21, 2023

Divorce Utah

Court Rules, Divorce, Divorce Court, Divorce Law, Divorce Procedure, Education, Legal System, Prenuptial Agreements, Utah Code, Utah Court Rules, Utah Law

always sign a prenuptial agreement before marriage, divorce, prenuptial agreements, would never agree to sign a prenuptial agreement

My opinions on prenuptial agreements have changed over the course of my career as a divorce and family lawyer over the past 26 years. Had you asked me whether I was an advocate for prenuptial agreements at the beginning of…

Can a Prenuptial Agreement Be Legally Binding if It’s Signed After the Marriage and Before the Divorce?

September 20, 2023

Divorce Utah

Court Rules, Divorce, Divorce Law, Divorce Procedure, Education, Legal System, Prenuptial Agreements, Utah Court Rules, Utah Law

divorce law, postnuptial agreement, prenuptial agreement

I will answer this question in the context of Utah law because I practice law in Utah. The term “prenuptial agreement” means “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” (See Utah…

If You Were Married in One State but Now Live in Another State, Which State’s Law Would Apply if You Divorce?

September 19, 2023

Divorce Utah

Court Rules, Divorce, Divorce Court, Divorce Law, Divorce Procedure, Education, Family Law, Jurisdiction, Legal System, Residency

divorce state law, divorce state rules

Many people wonder whether they must file for divorce in the state (or even the country) where they were married, even if they never resided there or no longer reside in that state or country and have not resided there…

In re Harding Trust – 2023 UT App 81 – family trust

September 18, 2023

Divorce Utah

Appeal, Assets/Debt/Property, Attorney Fees, Court Orders, Court Rules, Expert Witnesses, Procedure and Evidence, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law

In re Harding Trust – 2023 UT App 81 – family trust 2023 UT App 81 THE UTAH COURT OF APPEALS IN THE MATTER OF THE A. DEAN HARDING MARITAL AND FAMILY TRUST. ROBERT G. HARDING, Appellee, v. RICKIE TAYLOR AND…

Blake v. Smith – 2023 UT App 78 – child custody, child support

Blake v. Smith – 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20, 2023 Third District Court, Salt Lake Department The Honorable Su…

State v. Hararah – 2023 UT App 77 – domestic violence prosecution

State v. Hararah – 2023 UT App 77 2023 UT App 77 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. HOUSTON RAEFAT HARARAH, Appellant. Opinion No. 20220276-CA Filed July 20, 2023 Eighth District Court, Vernal Department The Honorable…

What Must the Juvenile Court Consider on a Petition to Terminate a Parent’s Parental Rights?

Before terminating a parent’s rights, the court must find that termination is “strictly necessary to promote the child’s best interest.” This analysis must be undertaken from the child’s point of view. Utah law provides that termination is strictly necessary only when, after…

If You Were Getting Divorced, Would You Want Your Friends or Family to Throw You a Divorce Party?

September 11, 2023

Divorce Utah

Amicable Divorce, Defamation, Divorce, Divorce Mistakes, Education, Utah

celebration, divorce, divorce party, mistake

No.

How to Avoid Being Called a Liar in a Utah Case By Braxton Mounteer

Who would you believe more in a court case: a person who admits to his/her faults, who honestly discloses all of his/her relevant information (even the information that hurts his/her case), and answered questions with “the truth, the whole truth,…

My Spouse Tells Me She Is Going to File a Motion for Temporary Orders. What Does That Mean?

September 7, 2023

Divorce Utah

Court Orders, Court Rules, Divorce, Divorce Court, Divorce Law, Divorce Procedure, Education, Family Law, Lawyers, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

divorce, education, filing, spouse, temporary orders

I’m just at the beginning stages of a divorce case, but already in the thick of it. My spouse tells me she is going to have her lawyer file a motion for temporary orders. What does that mean? Good question.…

I Am 14 and I Want to Live With My Dad. My Parents Have Shared Custody, but My Mom Wants to Keep Me Her Alone (And She’s Not a Good Person). How Do I Stay With My Father Full Time?

I will answer this question in the context of Utah law because I am licensed as an attorney and practice divorce and family law in the state of Utah. For the typical child in your situation, i.e., one who wants to…

How Is Child Support Determined When the Non-custodial Parent Doesn’t Have a Job, but Is Living on Millions of Inheritance?

September 5, 2023

Divorce Utah

Assets/Debt/Property, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Court Rules, Education, Legal System, Utah, Utah Code, Utah Law

Child Support, imputed income, income, inheritance, work

This is a more complex question than it might at first appear. First, we need to address the matter of people who confuse beliefs with facts. If I had a dollar for every client or potential client parent who came…

The Father of My Child Told Me He Can Unilaterally Give Up His Parental Rights. Can He? He Thinks This Way He Will Get Out of Child Support. Can He Do This?

There is more than one question to answer here. First, does a parent have the unilateral power simply to “give up” his or her parental rights (and accompanying obligations)? No. The only way to terminate a parent’s parental rights and obligations…

The Importance of Working With Your Lawyer By Braxton Mounteer

September 1, 2023

Divorce Utah

Coping With Divorce, Divorce, Divorce Attorneys, Divorce Court, Divorce Mistakes, Divorce Preparedness, Education, Family Law, Lawyers, Legal Assistant

clients, information, lawyers, legal assistant, work

I have noticed three chronic problems with clients in just the few weeks I have been working as a legal assistant. 1) Most clients seem to have an almost allergic reaction to providing required information to the court and to…

What does it mean when he tries to avoid a legal fight in court for child custody?

It could mean many things when a parent avoids a legal fight in court for child custody. To identify a few things, it could mean: that the parent does not want custody of the child or doesn’t care to litigate…

THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. CODY BLAIR MURRAY, Appellant. Opinion

THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. CODY BLAIR MURRAY, Appellant. Opinion No. 20200890-CA Filed May 18, 2023 Second District Court, Ogden Department The Honorable Joseph M. Bean No. 191902454 Emily Adams, Freyja Johnson, and Cherise Bacalski,…

As a Joint Legal and Physical Custodial Parent, Can I Legally Prevent the Other Parent From Going on a Vacation (Either Out of State or Out of the Country) With Our Child or Children?

Unless a court were to order that a parent was barred from traveling out of state or out of the country with the children on vacation, a joint legal and custodial parent has an unfettered right to travel with the…

How Do Witnesses Contribute to the Decision-Making Process in Child Custody Hearings and Trials?

August 28, 2023

Divorce Utah

Best Interest of the Child, Utah Code, Witness, Witness Testimony

child custody, hearings, witnesses

If what we learn from witnesses didn’t generally tend to be more informative and reliable than not, then we wouldn’t listen to witnesses at all. No sensible person believes that which he or she knows not to be true, and…

How Creative Writing and Legal Writing are Connected By Braxton Mounteer

August 25, 2023

Divorce Utah

Divorce Court, Divorce Law, Divorce Lawyers, Education, Family Law, Lawyers, Legal Assistant, Legal System, Utah, Utah Law

braxton mounteer, creative writing, legal writing

How one writes in the legal world and how one writes in the world of creative are both very similar and very different. When I became a legal assistant, I thought that expository and creative writing would rarely overlap, yet they…