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

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

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…

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

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 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

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 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

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

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

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,…

Is the money I earn at my job during the marriage marital property?

February 20, 2018

Alimony and Support, Assets/Debt/Property, Division of Marital Property, Divorce Law, Finances, Marital Property, Men's Divorce Issues, Women's Divorce Issues

Are my earnings from my job that I earned during the marriage marital property? Almost certainly. Black’s Law Dictionary defines “marital property” as follows: Property that is acquired during marriage and that is subject to distribution or division at the…

Do You Feel Like a Dollar Sign?

February 14, 2018

Divorce Attorneys, Divorce Fears, Divorce Lawyers, Divorce Preparedness, Finances, Lawyer Fees

Do Your Clients Feel Like Dollar Signs? by Lee Rosen https://roseninstitute.com/do-your-clients-feel-like-dollar-signs/ Tourists in India feel like dollar signs. Touts crowd around, shouting above the street noise, imploring tourists to buy whatever they’re selling. Feeling like a dollar sign is never…

My bank account was subpeonaed. Will the bank share business account transactions or only personal account?

My bank account was subpeonaed. Will the bank share business account transactions or only personal account? In Utah, where I practice law, here’s how the bank will respond to the subpoena (if the subpoena was properly issued and bank obeys…

5 Things Divorce Will Never Save You From

December 29, 2017

Dirty Tricks, Divorce Attorneys, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Finances, Hiring a Divorce Lawyer, Men's Divorce Issues, Mothers' Divorce Issues, Negotiation, Settlement, Women's Divorce Issues

5 Things Divorce Will Never Save You From Make sure you know what you’re doing before you make a decision you can’t undo. Are you feeling frustrated, unsatisfied, and even turned off by your spouse? Your expectations about how things…

Can I sue for the child support I paid after our child started living with me?

QUESTION: Can I sue my child’s mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code § 78B-12-108 provides (in part), that except in cases of…

Why do Utah divorce courts rarely award attorney fees to the prevailing party?

December 14, 2017

Attorney Fees, Divorce Law, Divorce Procedure, Finances, Lawyer Fees, Motion Practice, Special Circumstances

Why do Utah divorce courts so rarely award attorney’s fees to the prevailing party? Such a great question, and one that I have to answer with every case, every client. I’m happy to answer it, even if you may not…

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