Blog - Divorce Utah

Domestic Violence and Protective Orders: What do I Need to Know?

December 11, 2018

Abuse, Domestic Violence, Protective Orders

78B-7-106. Protective orders--Ex parte protective orders--Modification of orders--Service of process--Duties of the court., protective orders, Utah law

This blog post answers the following questions: Do I qualify to get a protective order? How do I obtain a protective order: against an abusive partner, spouse or ex-spouse? for a child? against someone I’m dating or dated in the…

Marijuana and Child Custody Still Don’t Mix in Utah, You Fools! Ignore This at Your Peril!

December 10, 2018

Divorce Utah

Child Custody, Children in Divorce, Custody

child, child custody, commissioner, court, dispute, illegal, judge, marijuana, medical marijuana, Utah, utah medical cannabis act

No matter what you’re told, marijuana use is STILL ILLEGAL in this state. Illegal use of street drugs, including but not limited to marijuana, can and surely will be used against you in a child custody dispute. And you can’t…

Child Custody: what does it mean in divorce, and what factors determine who gets child custody?

December 7, 2018

Divorce Utah

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

child custody, joint custody, joint legal custody, joint physical custody, parenting plan

One of the biggest worries (perhaps the biggest) for a parent going through divorce is the question of child custody. A common misperception is that “child custody” means simply who your children will live with after you and your ex-spouse…

Can a Utah court exercise jurisdiction over my divorce, even if I don’t live in Utah?

December 6, 2018

Divorce Utah

Divorce Law, Divorce Procedure, Jurisdiction

divorce jurisdiction, foreign state, long arm jurisdiction, out of state

Yes, under certain circumstances. If you are a non-resident and Utah can still exercise jurisdiction over your case, this is referred to as “long-arm jurisdiction”. The statute which submits non-resident parties to Utah’s jurisdiction is found in Utah Code §78B-3-205.…

Why are there no penalties for false allegations in divorce and custody issues?

December 5, 2018

Divorce Utah

Abuse, Child Abuse, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

Why are there no penalties for false allegations in divorce and custody issues? QUESTION: Ex-wife made false allegation that I was inappropriate with my daughter. CPS cleared me. Cost me thousands to defend myself along with her being able to…

In re A.W. 2018 UT App 217 – termination of parental rights

December 4, 2018

Divorce Utah

Termination of Parental Rights, Utah Court of Appeals, Utah Court of Appeals Decisions

2018 UT App 217 The Utah Court of Appeals STATE OF UTAH, IN THE INTEREST OF A.W. AND A.W., PERSONS UNDER EIGHTEEN YEARS OF AGE. A.W., Appellant, v. STATE OF UTAH, appellee. Opinion No. 20180150-CA Filed November 23, 2018 Fourth…

In re K.J., 2018 UT App 216 Utah Court of Appeals – termination of parental rights

December 3, 2018

Divorce Utah

Termination of Parental Rights, Utah Court of Appeals, Utah Court of Appeals Decisions

abuse, Chapter 6., dependency proceedings, neglect, termination of parental rights, Utah Coee Title 87A

2018 UT App 216 The Utah Court of Appeals State of Utah, In the Interest of K.J., A Person under Eighteen Years of Age. J.J., Appellant, AND C.J., Appellant, v. STATE OF UTAH, Appellee. Opinion Nos. 20170812-CA and 20170814-CA Filed…

My child support is too high/too low. What can I do about it?

November 30, 2018

Divorce Utah

Child Support, Child Support Modification, Children in Divorce

child support modification, decreasing child support, increasing child support, modifying child support, terminating child support

Child Support Can Be Modified, If Circumstances Warrant As financial situations change, the amount of child support ordered may no longer be reasonable or even feasible. Your income may have decreased due to no fault of your own. The child…

What is the difference between a divorce and an annulment?

November 29, 2018

Divorce Utah

Annulment of Marriage

annulment of marriage, divorce, duress, fraud, grounds, mental incapacity, physical incapacity, undue influence, unlawful marriage, void, voidable

Many couples may wonder if they can seek an annulment rather than going through the divorce process. So what is the difference between an annulment and a divorce? The primary difference between a divorce and an annulment is that a…

Is parental alienation illegal, or punishable by law?

November 28, 2018

Divorce Utah

Parental Alienation

Parental Alienation Not Generally Recognized by the Law and the Courts In Utah (where I practice): no, parental alienation is not illegal, and no, parental alienation is not punishable by law. In fact, accusing a parent of “parental alienation” in…

How did you feel after your divorced parent remarried? Where you nice to your step-parents?

November 27, 2018

Divorce Utah

Children in Divorce, Remarriage

blended families, blended family, step-brother, step-parent, step-siblings, step-sister

I approach this question from the perspective of a divorce lawyer. I am a big fan of remarriage under the right circumstances. Be very careful and don’t move too fast when it comes to remarrying. Blended families can function well,…

Can Utah Modify the Child Custody Order of a Different State?

November 26, 2018

Divorce Utah

Child Custody, Child Custody Modification

child custody jurisdiction, modification of foreign state custody order, modification of other state's child custody order

Can Utah modify the child custody order of a different state? Under certain circumstances, yes. Below is a summary of the laws that govern whether Utah can exercise jurisdiction to modify the child support order of another state. This posting…

When a couple have children outside wedlock, what happens financially to mom when daddy finds a new girlfriend?

November 22, 2018

Divorce Utah

Child Custody, Unwed Parents

In Utah, where I practice family law, there are no laws governing an unmarried father’s obligations to a child born out of wedlock. So regardless of whether the father has a new girlfriend, there is nothing to force the father…

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 married? I think your question is actually this one: Can…

How does child custody work if one parent needs or wants to move out of state?

November 19, 2018

Divorce Utah

Child Custody, Child Custody Modification

moving out of state

How does child custody work if one parent needs or wants to move out of the current state? Is it better to let the court know up front of the possibility, or wait until custody is decided? This is one…

Should you wait until your children have grown up before divorcing?

November 16, 2018

Divorce Utah

Amicable Divorce, Children in Divorce, Coping With Divorce

sake of the kids, staying together

Should you wait until your children have grown up if you were contemplating divorce but are still amicable to one another? Yes, and God bless you if you have the will and the devotion to your children to do it. (Obviously a…

Is it wrong to go through with divorce when my child wants to live with both mom and dad?

November 15, 2018

Divorce Utah

Children in Divorce, Coping With Divorce

staying together for the sake of the kids

Is it wrong to go through with divorce when my child wants to live with both mom and dad? On that basis alone? No. For example, if you want to divorce to avoid being beaten by your husband, you should…

Should all spousal support/alimony be revoked?

November 14, 2018

Divorce Utah

Alimony and Support, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Spousal Support, Women's Divorce Issues

alimony, alimony for life, lifetime alimony, spousal support

Should all spousal support/alimony be revoked? No, but I wouldn’t be upset if it was largely overhauled to reflect circumstances as they are now. Because originally wives didn’t get half the marital property in divorce, alimony was all wives (wives,…

If my spouse died without assigning me the survivor’s benefits, can I still get them?

November 13, 2018

Divorce Utah

Uncategorized

If a husband died naming his wife as the one to receive the survivor’s benefits, then how can a wife get a pension? First, do you know if you aren’t already the default recipient of survivor’s benefits merely because you…

Can I still get custody or visitation, even if my spouse got a protective order against me?

November 12, 2018

Divorce Utah

Child Custody, Dirty Tricks, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Protective Orders, Women's Divorce Issues

My husband placed a protection order on me and my son’s name is on it, we are in the divorce process, is it possible that I can still get custody or visitation? I will answer this question by making some…