Blog - Page 3 of 40 - Divorce Utah

Have you ever told a client he/she would be better off settling a case, only for the client to take the case to trial anyway?

June 6, 2019

Attorney Fees, Coping With Divorce, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

reward, risk, second opinion, settle, settlement, third opinion, trial

Yes, and most of the time when a client decides to take a case to trial over a client’s advice the client does worse than he/she would have if he/she had taken the settlement offer. But not always. Which is…

Is it unhealthy for a husband and wife NOT to fight?

June 6, 2019

Divorce Utah

Abuse, Child Abuse, Divorce Prevention/Marriage Preservation

healthy, spouses fight, spouses fighting, unhealthy

First, we need to define what “fight” means. If we define “fight” as arguing, no, I don’t think it’s unhealthy for couples to argue. Again, if by “argue” we mean using language that would make a sailor blush, that’s unacceptable,…

Do regular people who earn average incomes sign prenuptial agreements?

June 3, 2019

Divorce Utah

Divorce Preparedness, Prenuptial Agreements

antenuptial agreements, average incomes, average people, cons, prenuptial agreements, pros, reasons

Yes, sometimes. And here is an excellent summary of the reasons why from Findlaw.com: Pros and Cons: Prenuptial Agreements Pros of Prenuptial Agreements A premarital agreement can protect the inheritance rights of children and grandchildren from a previous marriage. If…

2018 UT App 224 – In re Adoption of B.N.A. – wrong district court

May 31, 2019

Divorce Utah

Adoption, Appeal, Jurisdiction, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Venue

2018 UT 24, adoption, jurisdiction, State v. Stewart, subject-matter jurisdiction, Utah Code § 78B-6-105(1)(a), Utah Code § 78B-6-124(1)(b), venue

2018 UT App 224 – In re Adoption of B.N.A. THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.N.A., A PERSON UNDER EIGHTEEN YEARS OF AGE C.E.L., Appellant, v. T.L. AND A.L., Appellees. Opinion No. 20180316-CA…

2018 UT App 210 – Silva v. Silva – sheriff’s sale, attorney fees

May 30, 2019

Divorce Utah

Court Rules, Marital Property, Residency, Utah Court of Appeals, Utah Court of Appeals Decisions

default, excusable neglect, notice, Rule 60(b), Rule 69(B)(d), sheriff's sale

2018 UT App 210 – Silva v. Silva THE UTAH COURT OF APPEALS DAVID SILVA, Appellee, v. BONNIE SILVA, Appellant. Opinion No. 20160171-CA Filed November 8, 2018 Third District Court, Salt Lake Department The Honorable Robert P. Faust No. 140908706…

2018 UT App 181 – Chaparro v. Torero – default judgment, findings of fact, child custody

May 29, 2019

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Custody Evaluation, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Procedure, Evidence, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Physical Custody, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

“before a district court may enter a judgment by default that transfers custody of a child, 2017 UT App 10, 391 P.3d 1051, 649 P.2d 51 (Utah 1982), Blocker v. Blocker, Hogge v. Hogge, the trial court must take evidence and then make findings that a substantial change of circumstances has occurred and that transferring custody of the child is in the child’s best interests.”, Utah Code § 30-3-10.4(2)

2018 UT App 181 – Chaparro v. Torero THE UTAH COURT OF APPEALS ELDA CHAPARRO, Appellant, v. ENRIQUE TORERO, Appellee. Opinion No. 20170494-CA Filed September 20, 2018 Second District Court, Ogden Department The Honorable Ernest W. Jones No. 134901419 Randall…

Nebeker v. Orton – 2019 UT App 23 – child custody and parent-time

May 28, 2019

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Dirty Tricks, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Paternity, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

§ 30-3-34, § 30-3-35, § 30-3-35.5, ¶ 26, 1999 UT App 290, 2001 UT App 225, 2009 UT App 233, 2014 UT 10, 2016 UT App 135, 2017 UT App 192, 2018 UT App 38, 2018 UT App 5, 217 P.3d 733, 29 P.3d 676, 326 P.3d 645, 379 P.3d 890, 406 P.3d 258, 414 P.3d 933, 420 P.3d 53, 436 (Utah 1993), 604 (Utah 1989), 761 P.2d 942 (Utah Ct. App. 1988), 776 P.2d 599, 850 P.2d 431, 989 P.2d 491, Bond v. Bond, Davis v. Davis, Elmer v. Elmer, Fullmer v. Fullmer, Gillmor v. Wright, Hudema v. Carpenter, K.P.S. v. E.J.P., Kimball v. Kimball, Shuman v. Shuman, State v. Nielsen, Taft v. Taft, Utah code

Nebeker v. Orton – 2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The Honorable Marvin D. Bagley No. 154600140…

2019 Utah Legislative Session – animal cruelty is now domestic violence

May 27, 2019

Divorce Utah

Domestic Violence, Protective Orders

animal cruelty, Domestic Violence, Utah code

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019, and one amendment was made by Senate Bill 45, which adds aggravated cruelty to an…

Plan a Parenting Schedule That Works for Your Family – by Ryan Howard

Published with permission and by request of the author: Plan A Parenting Schedule That Works For Your Family

2019 Utah Legislative Session – parentage, child custody factors

May 24, 2019

Divorce Utah

Child Custody, Custody, Paternity, Utah Code, Utah Law

2019 Utah Legislative Session, 78B-15-610, custody, divorce statutes, Parent Time, parentage action., Utah code

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019. The legislature amended section 78B-15-610 of the Utah Code, which applies in parentage actions (which…

2019 UT App 83 – Nave Free v. Free – modification of child support

May 23, 2019

Divorce Utah

Assets/Debt/Property, Best Interest of the Child, Child Support, Child Support Modification, Children in Divorce, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Modification of Child Support, Mothers' Divorce Issues, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2004 UT App 314, 2009 UT App 152, 2013 UT App 296, 2015 UT App 308, 2016 UT 48, 2016 UT App 125, 2016 UT App 135, 2017 UT App 192, 2018 UT App 195, 311 B.R. 618, 323 P.3d 586, 365 P.3d 719, 379 P.3d 882, 379 P.3d 890, 387 P.3d 1000, 406 P.3d 258, 437 P.3d 464, 78B-12-210(9)(b)(iii), 897 N.Y.S.2d 401, 98 P.3d 1178, Bagley v. Bagley, Cantrell v. Cantrell, Child Support, Diener v. Diener, Dole v. Dole, Earhart v. Earhart, Fish v. Fish, Hansen v. Hansen, In re Harrelson, income had substantially increased, medical expenses of children, needs, petition to modify the divorce decree, Poberesky v. Poberesky, relative wealth, remarried, renting out a house, Shuman v. Shuman, substantial change in material circumstances, Taft v. Taft, upward deviation, Utah Child Support Act, Utah Code §§ 78B-12-101 to 403

2019 UT App 83 – Nave Free v. Free THE UTAH COURT OF APPEALS LINDA LEE NAVE-FREE, Appellee, WENLOCK DUANE FREE JR., Appellant. Opinion No. 20170751-CA Filed May 16, 2019 Fourth District Court, Heber Department The Honorable Jennifer A. Brown…

2019 UT App 82 – Blocker v. Blocker – terminating supervised parent-time

May 22, 2019

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Supervised Parent-time, Supervised Visitation, Utah Court of Appeals, Utah Court of Appeals Decisions, Visitation, Women's Divorce Issues

(Utah Ct. App. 1998), ¶ 33, 2000 UT App 213, 2009 UT App 365, 2016 UT App 94, 2017 UT App 10, 2017 UT App 192, 2018 UT App 137, 2018 UT App 184, 2018 UT App 196, 223 P.3d 456, 374 P.3d 45, 391 P.3d 1051, 406 P.3d 258, 427 P.3d 1221, 437 P.3d 370, 437 P.3d 445m, 649 P.2d 51 (Utah 1982), 694 P.2d 608 (Utah 1984), 967 P.2d 942, Becker v. Becker, best interests of the child, bifurcated procedure, Blocker v. Blocker, change in circumstances, changed circumstances, Childs v. Childs, Erickson v. Erickson, Hanson v. Hanson, Hogge v. Hogge, Jensen v. Jensen, Jones v. Jones, Lay v. Lay, maintaining relationship with child, mandate rule, older child, professional therapy, Shuman v. Shuman, speak by phone, special master, Stephens v. Stephens, unable to afford supervised visitation, unsupervised parent-time, welfare, without incident

2019 UT App 82 – Blocker v. Blocker THE UTAH COURT OF APPEALS KIRSTEEN DIDI BLOCKER, Appellee, MICHAEL PHILLIP BLOCKER, Appellant. Opinion No. 20170167-CA Filed May 16, 2019 Fourth District Court, Provo Department The Honorable James R. Taylor No. 024402553…

2019 Utah Legislative Session Makes Keeping a Protective in Place Even Easier! (Boo).

May 21, 2019

Divorce Utah

Protective Orders, Utah Code, Utah Law

dismiss, dismissal, Domestic Violence, protective order, Utah code, violation

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019, and one amendment was made by Senate Bill 75, which modified provisions relating to dismissal…

2019 UT App 81 – In re A.R. – permanent custody and guardianship

2019 UT App 81 – In re A.R. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.R., R.R., AND V.R., PERSONS UNDER EIGHTEEN YEARS OF AGE. E.R., Appellant, STATE OF UTAH, Appellee. Per Curiam Opinion No.…

2019 Utah Legislative Session – expanded definition of incestuous marriage

May 17, 2019

Divorce Utah

Utah Code, Utah Law

incestuous marriage, Utah code

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019, and were going to tell you about all of them, just not all at once.…

Child Custody, Utah Code Section 30-3-10, and medical cannabis

May 16, 2019

Divorce Utah

Child Custody, Children in Divorce, Custody, Divorce Law, Utah Code, Utah Law

30-3-10, child custody, marijuana, medical cannabis, medical marijuana, Utah code

Section 30-3-10 provides some of the criteria the court must consider in analyzing and making its custody award. With the legalization of medical marijuana, the Utah legislature amended Section 30-3-10 to ensure that parents who legally use or sell medical…

New laws from 2019 Utah Legislative Session – Section 30-3-34 – step parents and others

May 15, 2019

Divorce Utah

Child Custody, Children in Divorce, Divorce Law, Utah Code, Utah Law

2019, 30-3-34, extended family, step parents, Utah code, Utah Legislature

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34 rather extensively. We discussed some of those changes in previous blog posts. Another change is the addition of new…

New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”?

May 14, 2019

Divorce Utah

Best Interest of the Child, Child Custody, Children in Divorce, Divorce Law, Utah Code, Utah Law

30-3-34, best interest of the child, Utah code

New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”? Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34. Some amendments were good, some bad.…

New laws from 2019 Utah Legislative Session – Section 30-3-34

May 13, 2019

Divorce Utah

Best Interest of the Child, Child Custody, Children in Divorce, Divorce Law, Utah Law

2019 Legislative Session, 30-3-34, emotional health, Utah code

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34. That code section provides that a noncustodial parent will be awarded according to the statutory minimum schedule unless a…

How to Identify a Good Divorce Lawyer, from the Client’s Perspective

May 10, 2019

Divorce Utah

Amicable Divorce, Coping With Divorce, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

bad attorney, bad lawyer, divorce attorney, divorce lawyer, good attorney, good lawyer, hiring a divorce lawyer, how to

Unfortunately, it’s almost impossible to identify a good lawyer without using his/her services for a while to see if you “got it right” on your choice. There are, however, a few good rules of thumb to help you avoid a…