Divorce Law Archives

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

September 21, 2023

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…

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…

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…

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…

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 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…

A Changed Perspective on Justice as a New Legal Assistant By Braxton Mounteer

August 18, 2023

Divorce Utah

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

civil law, equity, justice, law, legal assistant

After working in civil law for a short time (specifically, in divorce and family law), I think that many people have the wrong idea about justice and the court system. When someone is asked to explain justice, they would say…

If One Parent Gets Primary Custody, Does This Mean That He/She Can Make All Decisions Regarding the Kids Without Any Input From the Other Parent?

There are two kinds of child custody, not just one. Those two different kinds are legal custody and physical custody. Legal custody is the power of a parent to make decisions for a minor child regarding the child’s health and…

Knight v. Knight – 2023 UT App 86 – trusts and alimony

Knight v. Knight – 2023 UT App 86 THE UTAH COURT OF APPEALS JARED M. KNIGHT, Appellee, v. REBECCA B. KNIGHT, Appellant. Opinion No. 20210080-CA Filed August 10, 2023 Third District Court, Salt Lake Department The Honorable Robert P. Faust…

Why Don’t All Divorced Wives Get Half of Their Husbands’ Property?

Because divorce is not about a spouse (man or woman) getting “half of everything”. Depending upon whether a state is a “community property” state or an “equitable distribution” state, here is how property is divided between spouses in a divorce:…

The Father of My Child Has Visitation Rights Ordered by Court, Yet He Will Be in a Different State During His Visitation Time, but Wants His Aunt to Take Over. Do I Have to Allow His Aunt Visitation While He’s on Vacation?

This is a good question and one that arises frequently in one form or another; a parent either can’t or won’t provide personal care and supervision of the parties’ children his/her scheduled parent-time or custody yet does not want the…

2023 UT App 60 – Martinez v. Sanchez-Garcia – Material and Substantial Change

2023 UT App 60 – Martinez v. Sanchez-Garcia THE UTAH COURT OF APPEALS DAISY MARTINEZ Appellant, v. FERNANDO SANCHEZ-GARCIA, Appellee. Opinion No. 20210829-CA Filed June 2, 2023 First District Court, Logan Department The Honorable Brian G. Cannell No. 154100308 Ashley…

First Impressions of Being a Legal Assistant as a Writer By Braxton Mounteer

The first thing you should know is that I am a writer. I have authored some short stories and some other things you haven’t heard of. I have been a Legal Assistant for two days, and I had some expectations…

In the USA, Should Divorce Without Cause Be Eliminated?

July 11, 2023

Divorce Utah

Divorce, Divorce Law

divorce, no-fault divorce

Should divorce without cause be eliminated? If it were, we would likely find ourselves back in the situation that led to the creation of no-fault divorce in the first place. What is no-fault divorce? A divorce that can be obtained…

How Can I Show the Court a Parent’s Previous Words and Deeds to Show He/She Is Lying?

June 26, 2023

Divorce Utah

Divorce, Divorce Law, Impeachment, Utah, Witness Testimony

divorce, impeachment, witness

What you are asking about is called “impeaching” the witness. There are many ways to impeach a witness. One way is to ask him or her questions to which the answer is already known (and you have independently verifiable proof…

2023 UT App 62 – Cox v. Cox – Adequacy of Court Findings

2023 UT App 62 – Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District Court, Provo Department The Honorable Lynn W. Davis The Honorable…