Divorce Preparedness Archives

Blake v. Smith – 2023 UT App 78 – child custody, child support

Blake v. Smith – 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20, 2023 Third District Court, Salt Lake Department The Honorable Su…

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,…

The Importance of Working With Your Lawyer By Braxton Mounteer

September 1, 2023

Divorce Utah

Coping With Divorce, Divorce, Divorce Attorneys, Divorce Court, Divorce Mistakes, Divorce Preparedness, Education, Family Law, Lawyers, Legal Assistant

clients, information, lawyers, legal assistant, work

I have noticed three chronic problems with clients in just the few weeks I have been working as a legal assistant. 1) Most clients seem to have an almost allergic reaction to providing required information to the court and to…

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…

Divorce Is Often a “Cure” Worse Than the Disease

June 23, 2023

Divorce Utah

Divorce, Divorce Causes, Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Divorce Prevention/Marriage Preservation, Men's Divorce Issues, Utah, Women's Divorce Issues

dating, divorce, divorce mistake, marriage

In response to this question, “Have you ever thought someone was making a mistake by getting a divorce?,” I stated (and I summarize here) some people need to divorce. It’s good that the option for divorce exists for their protection,…

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…

What Can I Legally Do if My Child’s Mother Refuses to Use Car Seat When Traveling With Our Little Child?

What can I legally do if my child’s mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is also the custodial parent with full custody rights, so she…

How Long Does a Child Custody Court Hearing Take?

rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t do much, if anything, during the actual hearing, with the…

Tithing Can Be a Legitimate Personal Expense in the Context of Determining the Alimony Award

Whether my recollection is true or not, I remember being taught in law school that tithing and other regular charitable giving cannot be treated as a personal expense deduction in bankruptcy. It appears that is no longer true (if ever…

Nelson v. Nelson – 2023 UT App 38 – Claim Preclusion and Child Support

2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The Honorable Brian G. Cannell No. 154100713 Sara Pfrommer, Ronald D.…

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…

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…

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

Wellman v. Kawasaki – 2023 UT App 11 – Alimony

March 3, 2023

Divorce Utah

Alimony and Support, Appeal, Coping With Divorce, Court Orders, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Findings of Fact and Conclusions of Law, Judges, Men's Divorce Issues, Procedure and Evidence, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

¶ 14, 2014 UT App 211, 2015 UT 79, 2021 UT App 77, 335 P.3d 378, 459 P.3d 276, 496 P.3d 242, 700 P.2d 1072 (Utah 1985), Dahl v. Dahl, equalize the standards of living of each party, financial declaration, Jones v. Jones, Miner v. Miner, need must constitute the maximum permissible alimony award, prevent recipient spouse from becoming a public charge, purposes of alimony, Roberts v. Roberts, standard of living that existed during the marriage, statutory alimony factors, supporting] financial documentation, Utah Code § 30-3-5(10), Utah law, Utah R. Civ. P. 26.1(c).

2023 UT App 11 THE UTAH COURT OF APPEALS DAVID WELLMAN, Appellee, v. KRISTIN KAWASAKI, Appellant. Opinion No. 20210265-CA Filed February 2, 2023 Fourth District Court, Provo Department The Honorable Christine S. Johnson No. 174402919 Mary Deiss Brown, Attorney for…

Flat Fee Billing Questions

February 27, 2023

Divorce Utah

Attorney Fees, Divorce Attorneys, Divorce Costs, Divorce Lawyers, Divorce Preparedness, Finances, Lawyer Fees, Lawyers, Utah

attorney fees, billing rates, flat fee

I am frequently asked questions about my flat fee billing. I bill on a weekly flat fee basis. Usually $500 per week, although the weekly fee can be higher if the case is a an unusually challenging or demanding one.…

Oldroyd v. Oldroyd – 2022 UT App 145 – Premarital Property

February 1, 2023

Divorce Utah

Appeal, Assets/Debt/Property, Coping With Divorce, Division of Marital Property, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Equitable Interest, Equity, Family Law, Findings of Fact and Conclusions of Law, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Prenuptial Agreements, Preparing for Divorce, Property Division, Special Circumstances, Utah Court of Appeals Decisions, Women's Divorce Issues

2022, 2022 UT App 145, acquiring interest in a spouse’s premarital property, contributions, December 22, equitable division, extraordinary situation exception, interest in spouse’s premarital property, Judge Noel S. Hyde, Morgan Department, Oldroyd v. Farrell Lynn Oldroyd, Opinion No. 20210073-CA, premarital property, premaritally acquired, property contribution exception, Second District Court, spouse’s premarital property, Utah Court of Appeals

2022 UT App 145 THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20210073-CA Filed December 22, 2022 Second District Court, Morgan Department The Honorable Noel S. Hyde No. 134500028 Brent D. Wride,…

My Parents May Be Getting Divorced, Any Tips? Is There Any Way to Make Their Lives and Divorce in General Easier?

January 3, 2023

Divorce Utah

Divorce, Divorce Preparedness

divorce, divorce tips, divorcing parents

Yes, there are several things that virtually every divorcing couple can and should do to make their lives and the divorce no more difficult and painful than necessary. I will describe two such things below. Rarely is the law hard…

Should I file for a no-fault divorce or for an uncontested divorce?

December 27, 2022

Divorce Utah

Divorce, Divorce Law, Divorce Preparedness, Divorce Procedure, Family Law, Legal System, No fault divorce, Uncontested Divorce

end of marriage, family law, fault, fault finding, grounds, grounds of divorce, irreconcilable differences, law, no fault, no-fault divorce

My spouse and I have no children together and own no property together. Should I file for a no-fault divorce or for an uncontested divorce? It’s not a question of choosing between “no-fault divorce” and “uncontested divorce”. These two terms…