Divorce Procedure Archives

Can you divorce your spouse even if your spouse does want a divorce?

Yes. This is what is known as “no fault divorce”. Every state in the U.S. has no fault divorce laws. Many people believe that “no fault” divorce means that one cannot get divorced without being at fault. No, it means…

Have you ever experienced a judge questioning the opposing party?

November 11, 2019

Divorce Utah

Divorce Law, Divorce Procedure, Evidence, Expert Witnesses

judge, judges questioning witnesses

Have you ever experienced a judge told you “Please sit down, Mr X” without listening to your argument, and then proceeded to question your opponent at length? Yes. Sometimes it’s bush league and unfair. To most judges’ credit, however, this…

Why are divorce papers so long?

November 3, 2019

Divorce Utah

Coping With Divorce, Divorce Costs, Divorce Preparedness, Divorce Procedure

divorce paperwork, documents, length, longeur

While it is true that some lawyers write up needlessly long divorce documents just to pad their bills, even the most efficient and honest lawyers often find themselves having to draft (write) documents that are longer than most people want…

Are there significant cultural differences in different courts?

October 3, 2019

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness, Divorce Procedure

attorneys, city, court, cultural differences, judges, lawyers, regions, rural, sophisticated, urban

If you are an attorney who was raised in the northern U.S., but have practiced law in the South, have you noticed cultural differences in the way you are permitted to express yourself in courtrooms in the different areas? I’ve…

Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

July 3, 2019

Divorce Utah

Attorney Fees, Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Children in Divorce, Co-parenting, Custody, Custody Evaluation, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners, Expert Witnesses, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Relocation, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law

2018, 2018 UT App 65, amended decree, April 12, attorney fees on appeal, change elementary schools, commuting by car, custody evaluation, custody evaluator, final say, friends, income imputed, joint physical and legal custody, Judge Richard D. McKelvie, jurisdiction is limited, Margaret S. Edwards Attorney for Appellant, modification of parent-time, modifying child custody, motion for new trial, newly discovered evidence, No. 104901246, not in child’s best interest, notice of appeal, Office of Recovery Services (ORS), Opinion Nos. 20150577-CA and 20160236-CA, past-due child support, petition to modify custody, primary custodial parent, Pulham v. Kirsling, routine, rule 59(a) Utah Rules of Civil Procedure, Steve S. Christensen and Clinton R. Brimhall Attorneys for Appellee, substantial and material change in circumstances, surroundings, Third District Court Salt Lake Department, unnecessary adjustment, Utah Code section 30-3-35, Utah Court of Appeals

Pulham v. Kirsling – 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third District Court, Salt Lake Department The Honorable Richard D. McKelvie…

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…

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…

How can I get a divorce if I don’t know where my spouse is?

May 8, 2019

Divorce Utah

Child Custody, Court Rules, Custody, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Men's Divorce Issues, Utah Law, Women's Divorce Issues

alternate service, default, default judgment, foreign country, service, Utah Rules of Civil Procedure

If I’m married with a child (separated for 4 years), how do I get a divorce and establish a child support order, if I don’t know where my spouse is? (might not be in the same country)? In Utah, where…

Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker

2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department The Honorable W. Brent West No. 134901221 David Pedrazas, Attorney…

If a spouse “refuses to sign the papers” is the divorce in limbo?

April 16, 2019

Divorce Utah

Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Fault

no-fault divorce, refuse to sign, sign the papers

If a spouse “refuses to sign the divorce papers” would the divorce be in limbo? No. The days of a spouse preventing a divorce due to a refusal to agree to divorce ended with the creation of “no-fault divorce”. Many…

Can anyone go to court and just watch?

April 12, 2019

Divorce Utah

Court Rules, Divorce Fears, Divorce Lawyers, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners

courts open to the public, prepare for court

Can anyone go into a court room and sit in the back seat and just watch? Why or why not? Courts are open to the public With the exception of a few court proceedings that are not open to the…

LeFevre v. Mackelprang – 2019 UT App 42 – joint custody analysis

2019 UT App 42 – THE UTAH COURT OF APPEALS – LeFevre v. Mackelprang AMELIA GAYATREE LEFEVRE, Appellee, v. CASEY LEE MACKELPRANG, Appellant. Opinion No. 20171006-CA Filed March 28, 2019 Sixth District Court, Panguitch Department The Honorable Paul D. Lyman…

Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

2018 UT App 238 THE UTAH COURT OF APPEALS DANIELLE MARIE HARTVIGSEN, Appellant, v. RICHARD MYERS HARTVIGSEN, Appellee. Opinion No. 20160069-CA Filed December 28, 2018 Fourth District Court, Provo Department The Honorable Lynn W. Davis No. 064402132 Danielle Marie Hartvigsen,…

Cool as a Cucumber : How to Testify Successfully at Your Deposition or in Court in a Utah Domestic Relations Case

December 19, 2018

Divorce Utah

Divorce Court, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Divorce Procedure

deposition, divorce deposition, testify, testifying, testimony

Cool as a cucumber[1]. Is that you? It can be. When it comes to testifying, follow the Golden Rules: 1. Always tell the truth. 2. Simply telling the truth is not enough sometimes. You must understand the purpose and “the language”…

What does it mean when a hearing is conducted “by proffer”?

December 17, 2018

Divorce Utah

Divorce Procedure

evidentiary hearing, hearing by proffer, proffer hearing

“Proffer” means an offering of proof. So in a proffer hearing, an attorney will merely tell the court what the evidence would show, instead of actually presenting the evidence to the court. The purpose of a proffer hearing is to…

Can a Utah court exercise jurisdiction over my divorce, even if I don’t live in Utah?

December 6, 2018

Divorce Utah

Divorce Law, Divorce Procedure, Jurisdiction

divorce jurisdiction, foreign state, long arm jurisdiction, out of state

Yes, under certain circumstances. If you are a non-resident and Utah can still exercise jurisdiction over your case, this is referred to as “long-arm jurisdiction”. The statute which submits non-resident parties to Utah’s jurisdiction is found in Utah Code §78B-3-205.…

Why are there no penalties for false allegations in divorce and custody issues?

December 5, 2018

Divorce Utah

Abuse, Child Abuse, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

Why are there no penalties for false allegations in divorce and custody issues? QUESTION: Ex-wife made false allegation that I was inappropriate with my daughter. CPS cleared me. Cost me thousands to defend myself along with her being able to…

What do I need to do before filing for divorce? (a useful checklist, with explanations)

October 17, 2018

Divorce Utah

Divorce Attorneys, Divorce Costs, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Finances, Settlement

preparing for divorce

What do I need to do before filing for divorce? When deciding if you are going to file for divorce, there are some things you need to know, and many things you should consider, before filing for divorce: Why am…

Do I have to pay witnesses to testify at my divorce trial?

October 12, 2018

Divorce Utah

Divorce Law, Divorce Preparedness, Divorce Procedure, Evidence

divorce trial, expert witness, fact witness, witness

If a witness won’t come to trial and testify for you voluntarily, then yes, you need to pay your witnesses. Expert witnesses set their own expert witness testimony fees. Some experts may charge under $100 per hour, but some experts…

Erickson v. Erickson-2018 UT App 184-modifying child custody/parent-time-discovery-expert witness-child testimony-attorney fees

Erickson v. Erickson – 2018 UT App 184 THE UTAH COURT OF APPEALS KIT RICHARD ERICKSON, Appellant, v. SHANDI ERICKSON, Appellee. Opinion No. 20170100-CA Filed September 27, 2018 Third District Court, West Jordan Department The Honorable L. Douglas Hogan No.…