Finances Archives - Divorce Utah

How is it possible that people go bankrupt during divorce in the USA? Isn’t it a 50/50 split?

How is it possible that people go bankrupt during divorce in the USA? Isn’t it a 50/50 split? It’s not “the divorce” that causes people to go bankrupt, it’s the financial strain that a divorce case either causes or exacerbates.…

Brown v. Brown – 2020 UT App 146 – marital vs. non-marital assets

2020 UT App 146 THE UTAH COURT OF APPEALS JERRY V. BROWN, Appellant, v. YVONNE A. BROWN, Appellee. Opinion No. 20190543 Filed October 29, 2020 Fourth District Court, Provo Department The Honorable Derek P. Pullan No. 154403120 Julie J. Nelson,…

Can one spouse or the other avoid paying taxes on a joint tax?

Can one spouse or the other avoid paying taxes on a joint tax? Tax law does not require married couples to file joint income tax returns simply by virtue of being married. So there is no such thing as a…

Terrible Financial Thinking and Divorce

August 13, 2020

Divorce Utah

Divorce Mistakes, Divorce Preparedness, Divorce Prevention/Marriage Preservation, Finances

budget, budgeting, control, financial benefits of divorce, financial detriments of divorce, investment, money, retirement, returns, Social Security

Terrible Financial Thinking and Divorce I recently came across a clickbait article filled with terrible thinking about the so-called financial “benefits” of divorce. Click here to read “7 Little-Known Financial Benefits of Divorce: Divorce is often devastating, but there are…

2020 UT App 34 – Petrzelka v. Goodwin – alimony, income, retirement funds

2020 UT App 34 THE UTAH COURT OF APPEALS PEGGY PETRZELKA, Appellee, v. JAMES E. GOODWIN, Appellant. Opinion No. 20180923-CA Filed March 5, 2020 First District Court, Logan Department The Honorable Thomas Willmore No. 164100050 Ashley E. Bown, Attorney for…

Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

December 9, 2019

Divorce Utah

Alimony and Support, Appeal, Child Custody, Child Support, Child Support Enforcement, Children in Divorce, Co-parenting, Custody, Debts, Discovery, Division of Marital Property, Divorce and Taxes, Divorce Law, Divorce Preparedness, Domestic Violence, Fathers' Divorce Issues, Fault, Finances, Joint Legal Custody, Joint Physical Custody, Judges, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Personal Property, Physical Custody, Property Division, Real Estate/Real Property, Sole Custody, Spousal Support, Utah Code, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

2019 UT App 195, ability to pay, alimony, appeal, calculating alimony, calculating child support, Child Support, debt, divorce, imputed income, need, property distribution, separate debt, student loans, Utah Court of Appeals, vacate

2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The Honorable Camille L. Neider No. 154902227 Julie J. Nelson, Erin…

Martin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer

August 7, 2019

Divorce Utah

Attorney Fees, Divorce Costs, Divorce Law, Divorce Mistakes, Expert Witnesses, Finances, Marital Home, Marital Property, Postnuptial Agreements, Prenuptial Agreements, Real Estate/Real Property, Utah Court of Appeals Decisions, Utah Law

appeal, attorney's fees, divorce, unlawful detainer, Utah Court of Appeals

Martin v. Kristensen – 2019 UT App 127 THE UTAH COURT OF APPEALS YVONNE MARTIN, Appellant, v. PETTER KRISTENSEN AND FRANK O. KRISTENSEN, Appellees. Opinion No. 20160265-CA Filed July 26, 2019 Third District Court, Salt Lake Department The Honorable Todd…

Why do courts seem to rule against husbands so unfavorably regarding custody and alimony?

Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or neglectful), other times the unfitness may be due to circumstances…

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 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…

Marroquin v. Marroquin – 2019 UT App 38 – business valuation, findings

Marroquin v Marroquin – 2019 UT App 38 THE UTAH COURT OF APPEALS HEATHER MARROQUIN, Appellant, v. RENSON AMILICAR MARROQUIN, Appellee. Opinion No. 20170454-CA Filed March 14, 2019 Third District Court, Salt Lake Department The Honorable Robert P. Faust No.…

As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce?

November 2, 2018

Divorce Utah

Alimony and Support, Child Custody, Children in Divorce, Coping With Divorce, Dirty Tricks, Division of Marital Property, Divorce Costs, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Evidence, Fathers' Divorce Issues, Finances, Men's Divorce Issues, Mothers' Divorce Issues, Preparing for Divorce, Women's Divorce Issues

As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce? There are two types of men who ask this question: good men and bad men. So many people, when they…

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…

Dole v. Dole – 2018 UT App 195 – imputed income, child tax exemption, property division

October 16, 2018

Divorce Utah

Division of Marital Property, Divorce and Taxes, Divorce Law, Fathers' Divorce Issues, Finances, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Retirement Benefits, Taxation, Utah Court of Appeals Decisions, Women's Divorce Issues

2018 UT App 195 The Utah Court of Appeals JULIE ANN DOLE, Appellee, v. CHRISTOPHER PATTON DOLE, Appellant. Opinion No. 20160702-CA Filed October 12, 2018 Third District Court, Salt Lake Department The Honorable Richard D. McKelvie No. 124905567 Jay L.…

A list of common, but very good, Utah divorce questions (with answers)

ERIC, MY HUSBAND AND I HAVE BEEN MARRIED FOR 20+ YEARS. WE HAVE 4 CHILDREN TOGETHER 3 OF WHOM ARE STILL MINOR CHILDREN. I WAS WONDERING IF YOU MIGHT BE WILLING TO ANSWER A FEW QUESTIONS FOR ME (IN ALL…

How to Avoid the Primrose Path in Divorce (if you have the will and the guts)

July 23, 2018

Divorce Utah

Divorce Attorneys, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Finances

anger, fear, greed, ignorance, laziness, manipulation, perception, reality, scams, vanity, vengeance

How to Avoid the Primrose Path in Divorce (if you have the will and the guts) It’s getting harder to stay in contact with reality. You have men who, as they look in the mirror, claim they are women. Banks…

What is the average cost of divorce, when child custody is contested?

How much does it cost to divorce on average, with two kids and contested custody? On average? I’d say around $20,000, if the case is contested. But, as you will see if you read and watch the experience of others who…

If I petition to modify the child support award, how far back does the modification go?

April 5, 2018

Divorce Utah

Child Support, Fathers' Divorce Issues, Finances, Men's Divorce Issues, Modification of Child Support, Mothers' Divorce Issues, Women's Divorce Issues

If I petition to modify the child support award, how far back does the modification go? Utah does allow for child support modification. The answer is found in Utah Code § 78B-12-112. 78B-12-112. Payment under child support order — Judgment. (1)…

How unemployment or under-employment affects child support

March 12, 2018

Divorce Utah

Child Support, Divorce Law, Divorce Preparedness, Fathers' Divorce Issues, Finances, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

under-employment, unemployment, voluntary underemployment, voluntary unemployment

QUESTION: I was looking into child support laws, I am confused about how involuntary vs. voluntary unemployment or under-employment affects the child support obligation. If a non-custodial parent wants to quit his job ($60k/year) to pursue law school for the…

Can you ask an attorney for an overcharge refund?

March 7, 2018

Divorce Utah

Attorney Fees, Divorce Attorneys, Divorce Costs, Finances, Lawyer Fees

Can you ask an attorney for an overcharge refund? You are absolutely entitled to a refund if your lawyer overcharged you. But what do you mean by “overcharged”? Do you mean that the lawyer charged you more than you and…

Sandusky v. Sandusky – 2018 UT App 34 (23-Feb-2018) – bifurcation, separation agreement, court discretion

2018 UT App 34 THE UTAH COURT OF APPEALS KYLEE J. SANDUSKY, Appellee, GEORGE A. SANDUSKY, Appellant. Opinion No. 20160131-CA Filed February 23, 2018 Third District Court, Silver Summit Department The Honorable Kara L. Pettit No. 114500103 Elizabeth A. Shaffer,…