Blog - Divorce Utah

Do Lawyers for the Parents Have a Duty to Their Children?

March 28, 2023

Lawyers are officers of the court. That means that while a lawyer clearly has a duty to his or her client, a lawyer’s first duty is not to the client, but to the court. In child custody disputes, the court’s…

How Does Child Custody Work in Utah if the Parents Are Not Married?

March 27, 2023

Divorce Utah

Child Custody, Child Support

child custody

Child custody is determined based upon the same statutory factors regardless of whether the parents are divorced or were never married. Those statutory factors are found at Utah Code §§ 30-3-10, 30-3-10.2, and 30-3-35.2. Those factors are (some criteria in…

How Much Is a Family Attorney?

March 24, 2023

Divorce Utah

Attorney Fees, Uncategorized

attorney, price

The American Bar Association has general rules on fees you can find here: ABA Model Rules of Professional Conduct Rule 1.5. I will answer this question as it applies in the jurisdiction where I practice divorce and family law (Utah). Each…

What Happens at a Trial Setting/Status Conference in Family Court?

March 23, 2023

Divorce Utah

Divorce

court, status conference

Many things can happen in status conferences in family court proceedings. One kind of status conference is a conference held for the sake of setting the trial date or dates for a case that is ready for trial. Generally speaking,…

How Are Family Law Attorneys Expected to Handle a Decision Made by the Judge? Do They Call Their Client and Explain It? Do They Have Their Office Manager Send the Decision to Their Client Without Explanation?

March 22, 2023

Divorce Utah

Lawyers

lawyers

This is a great question because it is so basic, yet so important. These are the kinds of questions a client needs to have answered understood before he or she can ask—and understand the answers to—more complex questions. My guess…

Can I Legally Go to My Dad’s on a Day That Is Written as My Mom’s in the Custody Agreement?

March 21, 2023

Divorce Utah

Child Custody, Co-parenting

child custody

Great question (and it’s good to see questions from children). No one can give you “the” answer to this question without knowing the laws of the jurisdiction involved and what the court order of child custody and visitation/parent-time provides, but…

How Long Does a Divorce Take, From Start to Finish, in Utah?

March 20, 2023

Divorce Utah

Divorce

divorce, divorce process, divorce timeline

Great question. Here is the best concise answer I can give you. Most divorce cases settle. Many divorce cases that do settle were settled badly. Some bad settlements are the result of a party running out of money, willpower, or…

State In Interest of B.W. – 2022 UT App 131

State In Interest of B.W. – 2022 UT App 131 Court of Appeals of Utah. STATE of Utah, IN the INTEREST OF B.W., J.W., and N.W., persons under eighteen years of age. H.W., Appellant, v. State of Utah, Appellee. No.…

What Is Your Argument for the Legalization of Divorce?

March 16, 2023

Divorce Utah

Divorce

divorce, fault divorce, no-fault divorce

Divorce is a necessity in certain, narrow circumstances (or at least it should be). Recklessly divorcing is as “right” as is recklessly driving. It happens, but it’s wrong. Before no-fault divorce became the law, one could not obtain a divorce…

Mower v. Mower – 2023 UT App 10 – Death of Spouse Before Court Rules

2023 UT App 10 THE UTAH COURT OF APPEALS LIDIA V. MOWER, Appellant, v. THOMAS W. MOWER, Appellee. Opinion No. 20210101-CA Filed January 20, 2023 Fourth District Court, American Fork Department The Honorable Roger W. Griffin No. 124100133 Cassie J.…

In Re K.K. – 2023 UT App 14 – Abuse and Neglect Adjudication

March 15, 2023

Divorce Utah

Abuse, Appeal, Child Abuse, Child Custody, Child Neglect, Court Orders, Custody, Division of Child and Family Services (DCFS), Emotional abuse, Evidence, Family Law, Findings of Fact and Conclusions of Law, Guardianship, Juvenile Court, Physical Custody, Procedure and Evidence, Utah Code, Utah Court of Appeals Decisions, Utah Law

(b), § 80-1-102(92), ¶ 14, ¶ 27, ¶ 9, 2011 UT 71, 2017 UT 44, 2018 UT App 141, 2020 UT App 114, 2021 UT 36, 2022 UT 39, 424 P.3d 91, 496 P.3d 58, abuse, abuse adjudication, against the clear weight of the evidence, and (B), appeal, both neglected and abused, clear and convincing evidence harmed or threatened harm, clearly erroneous, conclusions of law, defined, domestic violence in the presence of a children, error, Essential Botanical Farms, facts, findings of fact, In re A.B., In re C.M.R., in re E.R., In re K.T., In re N.M., juvenile court, LC v. Kay, mixed questions of law and fact, neglect adjudication, prejudiced, speculate, Utah Code § 80-1-102(1)(a)(i)(A), Utah Code § 80-1-102(37)(a), Utah Code § 80-3-402, Utah Code § 80-3-402(1), Utah Court of Appeals, very highly probable

In re K.K. – 2023 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE. B.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220051-CA…

In re K.K. – 2023 UT App 13

March 14, 2023

Divorce Utah

Abuse, Child Abuse, Child Custody, Child Neglect, Court Orders, Division of Child and Family Services (DCFS), Emotional abuse, Evidence, Family Law, Findings of Fact and Conclusions of Law, Guardianship, Juvenile Court, Physical Custody, Procedure and Evidence, Uncategorized, Utah Law

(b), § 80-1-102(92), ¶ 14, ¶ 27, ¶ 9, 2011 UT 71, 2017 UT 44, 2018 UT App 141, 2020 UT App 114, 2021 UT 36, 2022 UT 39, 424 P.3d 91, 496 P.3d 58, abuse, abuse adjudication, against the clear weight of the evidence, and (B), appeal, both neglected and abused, clear and convincing evidence harmed or threatened harm, clearly erroneous, conclusions of law, defined, domestic violence in the presence of a children, error, Essential Botanical Farms, facts, findings of fact, In re A.B., In re C.M.R., in re E.R., In re K.T., In re N.M., juvenile court, LC v. Kay, mixed questions of law and fact, neglect adjudication, prejudiced, speculate, Utah Code § 80-1-102(1)(a)(i)(A), Utah Code § 80-1-102(37)(a), Utah Code § 80-3-402, Utah Code § 80-3-402(1), Utah Court of Appeals, very highly probable

In re K.K. – 2023 UT App 13 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE. D.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220050-CA…

U.S. Marriage and Divorce Statistics

March 10, 2023

Divorce Utah

Abuse, Adultery, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Child Custody, Child Support, Children in Divorce, Custody, Divorce, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Fault, Finances, Grounds for Divorce, Infidelity, Legal Custody, Legal System, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Parent Time, Parental Rights, Physical Custody, Separation, Settlement, Substance Abuse, Visitation, Women's Divorce Issues

Contributing factors to divorce, Divorce and political affiliation, Divorce effects on children, divorce rate in the United States, Divorce rates by addiction & mental health, Divorce rates by age, Divorce rates by education level, Divorce rates by ethnicity, Divorce rates by financial stability, Divorce rates by gender, Divorce rates by generations, Divorce rates by occupation, Divorce rates by religion, Divorce rates by social media, Divorce rates for interracial couples, Divorce statistics by state, How close friends or family impact divorce rates, How coworkers can increase divorce rates, How divorce affects couples with kids, How parents’ relationships affect divorce rates, Impact of divorce on child custody and child support., Military divorce rates, Same-sex divorce rates, The financial impact of divorce, Top divorce statistics you should know, What are the most common reasons for divorce?, Where you met

My name is Stephanie from flingorlove.com and honestly, I usually wouldn’t bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics and put it all together in a massive blog post…

Mintz v. Mintz – 2023 UT App 17

March 10, 2023

Divorce Utah

Alimony and Support, Appeal, Assets/Debt/Property, Coping With Divorce, Court Orders, Division of Marital Property, Divorce, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Fault, Findings of Fact and Conclusions of Law, Husband's or Wife's Business, Infidelity, Marital Estate, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Procedure and Evidence, Property Division, Spouse's Business, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

¶ 11, ¶ 14, ¶ 15, ¶ 16, ¶ 2, ¶ 21, ¶ 46, ¶ 48, ¶ 5, ¶ 53, ¶ 57 n.8, ¶ 58 n.8, ¶ 8, 1166 (Utah Ct. App. 1997), 1170 (Utah Ct. App. 1990), 1211 (Utah Ct. App. 1991), 127 P.3d 1224, 131 P.3d 872, 141 P.3d 618, 145 A.3d 709, 1999 UT 86, 200 P.3d 223, 2001 UT App 157, 2003 UT App 357, 2005 UT App 518, 2006 UT App 301, 2006 UT App 75, 2009 UT App 10, 2009 UT App 233, 2011 UT App 41, 2012 UT App 373, 2014 UT App 26, 2017 UT App 133, 2017 UT App 137, 2019 UT 16, 2019 UT 61, 2019 UT App 114, 2020 UT App 141, 2021 UT App 77, 2022 UT App 47, 217 P.3d 733, 223 (Utah 1976); see also Allen Distrib., 232 (N.C. Ct. App. 2000), 248 P.3d 65, 294 P.3d 591, 321 P.3d 200, 402 P.3d 153, 402 P.3d 34, 445 P.3d 395, 449 P.3d 202, 452 P.3d 1134, 476 P.3d 145, 496 P.3d 242, 509 P.3d 265, 509 P.3d 265; Miner v. Miner, 534 S.E.2d 230, 536 (Iowa Ct. App. 2018), 554 P.2d 220, 604 P.2d 938, 689 (Utah 1939), 716 (N.J. Super. Ct. App. Div. 2016), 739 P.2d 83, 799 P.2d 1166, 80 P.3d 153, 806 P.2d 1209, 84 (Utah Ct. App. 1987), 87 P.2d 686, 908 N.W.2d 524, 934 P.2d 1164, 940 (Utah 1979), 993 P.2d 191, abuse of discretion, affirm, alimony, appeal, B.L. Key, Bakanowski v. Bakanowski, Bjarnson v. Bjarnson, book of business, Brady v. Park, Bryant v. Bryant, Burt v. Burt, Cheves v. Williams, circumstances, comforts, Cowley v. Porter, customary, dissipation of marital estate, divorce, Dobson v. Dobson, Eberhard v. Eberhard, employer asset, essential, Gardner v. Gardner, Holt v. Industrial Comm’n, Howell v. Howell, In re Marriage of Stenzel, Inc. v. Industrial Comm’n, Inc. v. Utah State Tax Comm’n, infidelity, investment accounts, Kemp v. Kemp, Kidd v. Kidd, Kimball v. Kimball, Knowles v. Knowles, Leppert v. Leppert, Lombardi v. Lombardi, luxuries, maintaining, minimum, Mintz v. Mintz - 2023 UT App 17, Mitchell v. Mitchell, n.1, National Advert. Co. v. Murray City Corp., necessities, Ortiz v. Crowther, proper status, property distribution, remand, reverse, Rule v. Rule, standard of living, Talley v. Talley, Utah law, Valentine v. Farmers Ins. Exch., Youth Tennis Found. v. Tax Comm’n

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 February 9, 2023 Third District Court, Silver Summit Department The…

In Re J.E. – 2023 UT App 3 – Challenge to Voluntary Declaration of Paternity

March 9, 2023

Divorce Utah

Appeal, Court Orders, Court Rules, Family Law, Juvenile Court, Parental Rights, Procedure and Evidence, Termination of Parental Rights, Utah Code, Utah Court of Appeals Decisions, Utah Law

voluntary declaration of paternity

In re J.E. – 2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210921-CA Filed January…

Myers v. Myers 2023 UT App 20 – Alimony Modification

March 8, 2023

Divorce Utah

Alimony and Support, Coping With Divorce, Court Orders, Dirty Tricks, Divorce, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Fathers' Divorce Issues, Finances, Findings of Fact and Conclusions of Law, Husband's or Wife's Business, Judges, Legal System, Men's Divorce Issues, Modification of Alimony, Modification of Decree of Divorce, Mothers' Divorce Issues, Procedure and Evidence, Termination of Alimony, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

¶ 11, ¶ 14, ¶ 19, ¶ 27, ¶ 28, ¶ 30, ¶ 31, ¶ 42, ¶ 6, ¶ 7, ¶ 8, ¶ 9, ¶¶ 14–15, 1075 (Utah 1985), 1999 UT App 12, 1999 UT App 219, 1999 UT App 41, 2003 UT App 357, 2004 PA Super 37, 2014 UT App 204, 2014 UT App 211, 2017 UT App 150, 2017 UT App 155, 2018 UT App 175, 2018 UT App 189, 2018 UT App 22, 2018 UT App 75, 2019 UT App 207, 2021 UT App 77, 2022 UT App 36, 2022 UT App 88, 2023 UT App 20, 334 P.3d 994, 335 P.3d 378, 402 P.3d 219, 405 P.3d 749, 412 (Utah 1977), 414 P.3d 1023, 424 P.3d 1113, 436 P.3d 294, 437 P.3d 411, 456 P.3d 1159, 496 P.3d 242, 508 P.3d 612, 515 P.3d 481, 565 P.2d 409, 566 (Utah 1985), 700 P.2d 1072, 704 P.2d 564, 80 P.3d 153, 843 A.2d 1247, 973 P.2d 431, 974 P.2d 306, 983 P.2d 1103, ability to pay, alimony, Armendariz v. Armendariz, Barrani v. Barrani, Bukunowski v. Bukunowski, Degao Xu v. Hongguang Zhao, demonstrated need, earning capacity, English v. English, Fox v. Fox, Gerwe v. Gerwe, Jones v. Jones, maximum permissible alimony award, Miner v. Miner, modification of alimony, modifying alimony, Moon v. Moon, Myers v. Myers, need, Nicholson v. Nicholson, Olson v. Olson, Pankhurst v. Pankhurst, Paulsen v. Paulsen, PEEPLES v. PEEPLES, Rehn v. Rehn, Roberts v. Roberts, substantial material change in circumstances, Utah Code § 30-3-5, Utah Court of Appeals, Vanderzon v. Vanderzon, voluntary unemployment, Williamson v. Williamson, Woskob v. Woskob

Myers v. Myers 2023 UT App 20 2023 UT App 20 THE UTAH COURT OF APPEALS AMY R. MYERS, Appellee, v. JACOB W. MYERS, Appellant. Opinion No. 20220002-CA Filed March 2, 2023 Sixth District Court, Richfield Department The Honorable Brody…

From Utah Business Magazine: Utah Has Highest Percentage of Marriages in Past 10 Years

March 7, 2023

Divorce Utah

Divorce, Divorce Preparedness, Divorce Prevention/Marriage Preservation

divorce, marriage

From Utah Business Magazine: Utah has highest percentage of marriages in past 10 years https://www.utahbusiness.com/utah-has-highest-percentage-of-marriages-in-past-10-years/ Key findings (among many other interesting things): Utah, Idaho and Wyoming have the highest percentages of marriages. West Virginia, Arkansas and Maine have the highest…

Get the Testimony of Children on and for the Record (Forego a Custody Evaluation)

March 6, 2023

Divorce Utah

Custody, Custody Evaluation

custody evaluation, custody evaluations

In my previous blog on the subject of child custody evaluations (link to pervious blog ) I started a series of video critiquing custody evaluations. I never saw the value in them, but for years I went along with them…

From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them

There is far more to this story than the headline reveals. From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them https://www.propublica.org/article/parental-alienation-utah-livestream-siblings#:~:text=Two%20siblings%20in%20Utah%20have,had%20sexually%20abused%20the%20children Is there any question whether the court would…

The New Utah Code §§ 30-3-35 and 30-3-35.1 Holiday Parent-Time Schedules

From KSL.com: New Utah law brings confusion, contention for some divorced parents this holiday season https://www.ksl.com/article/50538686/new-utah-law-brings-confusion-contention-for-some-divorced-parents-this-holiday-season Utah Family Law, LC | divorceutah.com | 801-466-9277