Blog - Page 4 of 41 - Divorce Utah

State v. Harvey – 2019 UT App 108 – lay versus expert testimony

2019 UT App 108 – State v. Harvey – lay versus expert testimony 2019 UT App 108 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, V. RANDY LYNN HARVEY, Appellant. Opinion No. 20170733-CA Filed June 20, 2019 Third District…

Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement

June 24, 2019

Divorce Utah

Alimony and Support, Appeal, Court Rules, Division of Marital Property, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Finances, Marital Home, Marital Property, Men's Divorce Issues, Modification of Alimony, Motion Practice, Negotiation, Pension, Personal Property, Petition to Modify Decree of Divorce, Procedure and Evidence, Property Division, QDRO (Qualified Domestic Relations Order), Real Estate/Real Property, Retirement Benefits, Separate Property, Settlement, Spousal Support, Termination of Alimony, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2019, 2019 UT App 106, 401(k), alimony, both parties represented by counsel, court, DEIDRE SUE JANSON, discretion, divorce action, enforceable, extrinsic evidence, Honorable Andrew H. Stone, IRA, Jamie Carpenter Attorney for Appellant, JEFFREY ALAN JANSON, June 20, Kara L. Barton and Ashley Wood Attorneys for Appellee JUDGE MICHELE M. CHRISTIANSEN FORSTER authored this Opinion, marital home, meeting of the minds, motion to set aside a written stipulation, No. 164906327, Opinion No. 20170541-CA, pension, preserve an issue for appeal., purpose of considering extrinsic evidence, QDRO, Salt Lake Department, THE UTAH COURT OF APPEALS, Third District Court, to clarify ambiguous terms in the contract, Woodward formula

2019 UT App 106 – Janson v. Janson – setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed June 20, 2019 Third District Court, Salt Lake Department The…

Is there a “statute of limitations” for seeking child support?

June 22, 2019

Divorce Utah

Child Support, Child Support Enforcement, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Utah Code, Utah Law, Women's Divorce Issues

4 years, 8 years, child support statute of limitations, eight years, four years, limitations, statute of limitations, Utah code, Utah Code § 78B-15-109, Utah Code § 78B-5-202

I can’t speak for all states, but I can answer the question for the state where I practice law (Utah): Utah Code § 78B-15-109. Limitation on recovery from the obligor. The obligor’s liabilities for past support are limited to the…

What are the rights and responsibilities of a “Guardian ad Litem”?

June 21, 2019

Divorce Utah

Children in Divorce, GAL (Guardian ad Litem)

"Guardian ad Litem"? Utah Code § 30-3-11.2, 2000 UT App 216, 2001 UT 33, 24 P.3d 936, 6 P.3d 1137, appointment of counsel for child, Judicial Administration Rule 4-906 GUARDIAN AD LITEM PROGRAM, Parenting plan--Filing--Modifications, Rule 3.7. LAWYER AS WITNESS, Rules of Professional Conduct, State ex rel. A.D., State v. Harrison, Utah Code § 30-3-10.8, Utah Rules of Civil Procedure Rule 17

Role of guardian ad litem Utah Code § 30-3-11.2. Appointment of counsel for child “If, in any action before any court of this state involving the custody or support of a child, it shall appear in the best interests of…

If a wife goes abroad without her husband knowing, can her husband be able to divorce her?

June 20, 2019

Divorce Utah

Divorce Law, Divorce Preparedness, Jurisdiction

divorce jurisdiction, initiate divorce, spouse goes abroad

If by your question you are asking whether a man can initiate divorce proceedings against his wife after she leaves the country without any indication that she intends to return, the answer is yes, he can file for divorce. His…

What happens if marriage is abolished, since there are too many divorce rates and cheating affairs?

June 20, 2019

Divorce Utah

Adultery, Children in Divorce, Divorce Causes, Divorce Costs, Divorce Prevention/Marriage Preservation

abolish marriage, affairs, cheating, children, divorce, marriage, prevent divorce, society

If that happens, then we will then have taken another step—and a big one—on the road to hell. Although the old joke, “the leading cause of divorce is marriage” may be humorous, it’s terrible logic. Abolishing marriage would not “solve”…

If someone has an affair with one he/she knows is married, which offense is greater: the adulterer or the home wrecker?

June 19, 2019

Divorce Utah

Adultery

adultery, culpability, fornication, guilt

If someone buys kiddie porn from one who is selling it, who is the worse of the two? Neither. They are both criminals. Two people who knowingly engage in an adulterous affair are both equally wrongdoers. Utah Family Law, LC…

2019 UT App 104 – Ross v. Ross – § 30-3-37 relocation

2019 UT App 104 – Ross v. Ross THE UTAH COURT OF APPEALS JESSECA RAE ROSS, Appellee, v. TIMOTHY RONALD ROSS,Appellant. Opinion No. 20170916-CA Filed June 13, 2019 Third District Court, Salt Lake Department The Honorable Su Chon No. 154901171…

In re adoption of B.H. – 2019 UT App 103 – UCCJEA and ICPC

In re adoption of B.H. 2019 UT App 103 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.H., A PERSON UNDER EIGHTEEN YEARS OF AGE.P.H. AND A.D., Appellees, v. C.S., Appellant. Opinion No. 20171038-CA Filed June…

Why do some narcissist men not want a woman who works and try to keep her from working?

June 17, 2019

Divorce Utah

Divorce Mistakes, Divorce Preparedness, Men's Divorce Issues, Women's Divorce Issues

narcissism, narcissit, women who work, working women

The answer to your question lies, in part, in the question itself. The dictionary defines narcissism as “selfishness, involving a sense of entitlement, a lack of empathy, and a need for admiration, as characterizing a personality type.” So narcissistic men…

Divorce or not in this situation?

June 14, 2019

Divorce Utah

Grounds for Divorce

marriage in name only, separated

After a brief marriage, my aunt separated 50 years ago from her husband but never divorced him and hasn’t seen him since. For estate purposes, should she try to find him and get divorced? This appears to be a marriage…

In re C.S. – 2019 UT App 98 – juvenile court – Utah Code § 78A-6-307

June 13, 2019

Divorce Utah

Juvenile Court, Utah Court of Appeals, Utah Court of Appeals Decisions

additional findings, juvenile court, permanent transfers of custody and guardianship, placement provisions, post-judgment request, Utah Code section 78A-6-307

THE UTAH COURT OF APPEALS – In re C.S. – 2019 UT App 98 STATE OF UTAH, IN THE INTEREST OF C.S., C.S., AND C.S., PERSONS UNDER EIGHTEEN YEARS OF AGE. M.C.W., Appellant, v. STATE OF UTAH, Appellee. Opinion No.…

Wollsieffer v. Wollsieffer – 2019 UT App 99 – modifying child support

THE UTAH COURT OF APPEALS BURRIS WOLLSIEFFER, Appellant, v. HEATHER WOLLSIEFFER, Appellee. Opinion No. 20170645-CA Filed June 6, 2019 Third District Court, Salt Lake Department The Honorable Matthew Bates No. 154905336 Burris Wollsieffer, Appellant Pro Se Courtney Cooper, Ryan A.…

Kirkham v. Widdison – 2019 UT App 97 – tax issues in divorce

Kirkham v. Widdison – 2019 UT App 97 THE UTAH COURT OF APPEALS JANAE A. KIRKHAM, Appellant, v. JAMIE WIDDISON, HRB TAX GROUP, GRACE HANSEN, BONNY WIDDISON, AND ALPINE GARDENS INC., Appellees. Opinion No. 20170655-CA Filed June 6, 2019 Third…

Higley v. Buhler – 2019 UT App 96 – civil stalking injunction

Higley v. Buhler – 2019 UT App 96 THE UTAH COURT OF APPEALS JEDEDIAH WELLS HIGLEY, Appellee, v. BRYAN DEAN BUHLER,Appellant. Per Curiam Opinion No. 20180925-CA Filed June 6, 2019 First District Court, Logan Department The Honorable Brian G. Cannell…

Why do some narcissist men not want a woman who works and try to keep her from working?

June 8, 2019

Divorce Utah

Men's Divorce Issues, Women's Divorce Issues

children, homemaker, narcissism, narcissist, woman, work

The answer to your question lies, in part, in the question itself. The dictionary defines narcissism as “selfishness, involving a sense of entitlement, a lack of empathy, and a need for admiration, as characterizing a personality type.” So narcissistic men…

My ex told me I can’t post videos of our children on my social media. What can I do?

I’m a mother of 3. The father has custody and I have visits and overnights. The father told me not to post videos of our children on my social media, such as Facebook and YouTube. What can I do? You…

Are you glad you chose a career in law?

June 6, 2019

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Uncategorized

being a lawyer, the future of law, the future of lawyers

Yes. But if you’re considering a career in law and you’re a young person, I wouldn’t rely on the experience of lawyers a generation ahead of you to determine whether law holds a bright future for you. What used to…

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

Divorce Utah

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,…