Husband's or Wife's Business Archives

Why Are Family Courts Biased Against Husbands and Fathers?

June 8, 2023

Family Law, Fathers' Divorce Issues, Husband's or Wife's Business, Utah

We should note first that not all courts/judges/judicial officers are against fathers. Some courts/judges/judicial officers are against fathers (far too many), but not all of them. Why are the judges who are biased against fathers biased? There are at least…

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…

Erickson v. Erickson – 2022 UT App 27

THE UTAH COURT OF APPEALS DEAN ERICKSON, Appellee, v. JANICE ERICKSON, Appellant. Opinion No. 20200193-CA Filed March 3, 2022 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy No. 174901105 Albert N. Pranno, Attorney for Appellant Jordan M.…

Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate

January 17, 2022

Divorce Utah

Alimony and Support, Appeal, Assets/Debt/Property, Attorney Fees, Business Interests, Business Valuation, Coping With Divorce, Court Orders, Court Rules, Division of Marital Property, Divorce, Divorce and Taxes, Divorce Attorneys, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equity, Evidence, Expert Witnesses, Extramarital affairs/Adultery, Family Law, Finances, Findings of Fact and Conclusions of Law, Husband's or Wife's Business, Infidelity, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Modification of Alimony, Modification of Decree of Divorce, Personal Property, Procedure and Evidence, Property Division, Real Estate/Real Property, Spousal Support, Spouse's Business, Taxation, Utah Code, Utah Court of Appeals Decisions, Utah Law, Valuation, Women's Divorce Issues

appellate case, appellate decision, court of appeals, divorce law, family law, Utah Court of Appeals

2022 UT App 5 THE UTAH COURT OF APPEALS CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee. Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022 Third District Court, Salt Lake Department The Honorable Su Chon No. 104904966 Michael D.…

Fischer v. Fischer – 2021 UT App 145 – marital vs. separate property

THE UTAH COURT OF APPEALS GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee. Opinion No. 20200557-CA Filed December 30, 2021 Seventh District Court, Moab Department The Honorable Don Torgerson No. 184700047 Steve S. Christensen and Clinton R. Brimhall, Attorneys…

Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures

Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures By Quinton Lister, legal assistant My minimal exposure to the legal profession as a legal assistant to a divorce attorney has given me the opportunity…

My spouse opens accounts in my name, forges my signature. How to stop it?

My spouse opens accounts in my name, steals checks, forges my signature. How do I get my spouse to stop? Without telling me, my spouse opens store accounts in my name, steals my checks, forges my name on my checks…

What would happen if there were no alimony or splitting assets in divorce without kids?

May 11, 2021

Divorce Utah

Alimony and Support, Best Interest of the Child, Children in Divorce, Coping With Divorce, Court Orders, Division of Marital Property, Divorce, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Prevention/Marriage Preservation, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Debts, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Pension, Personal Property, Retirement Benefits, Spousal Support, Spouse's Business, Termination of Alimony, Women's Divorce Issues

accrued, alimony, career, children, decrease, depends, divorce, financially, foregoes, funds, gold diggers, half, happiness, husbands, increase, lesbian couples, marital assets, marriage success, married couple, men, mutual devotion, no children, optimal, politically incorrect, rear children, reduce, relied, retirement funds, sacrifice, saved, self-interest, splitting, spouse, stay at home parent, suckers, traditional family, wives, women

That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated by a “what’s in it for me?” basis is likely…

Can a divorced spouse claim rights to a previous primary residence?

April 19, 2021

Divorce Utah

Assets/Debt/Property, Business Interests, Coping With Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Personal Property, Real Estate/Real Property, Special Circumstances, Spouse's Business, Utah Court of Appeals Decisions, Utah Supreme Court Decisions, Valuation, Women's Divorce Issues

245 P.3d 176, 760 P.2d 304, 761 P.2d 1369, 799 P.2d 1166, 802 P.2d 1314, 855 P.2d 260, 9 P.3d 171, achieves, appreciated value, appreciation, augmented, Burt v. Burt, commingled, distributing property, distribution, divorce proceedings, divorced spouse, Dunn v. Dunn, during marriage, efforts, Elman v. Elman, equitable, equitable property division, equity, equity demands, exceptional circumstances, exceptions, extraordinary situations, fair, general rule, just, Kelley v. Kelley, maintained, marital asset, Mortensen v. Mortensen, Noble v. Noble, premarital, premarital property, primary residence, property, protected, Rappleye v. Rappleye, rights, separate, separate property, trial courts

Can a divorced spouse claim rights to a previous primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that is clearly not a marital asset. In the jurisdiction where…

Can a divorced spouse claim rights to a premarital primary residence?

April 15, 2021

Divorce Utah

Assets/Debt/Property, Business Interests, Coping With Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Personal Property, Real Estate/Real Property, Special Circumstances, Spouse's Business, Utah Court of Appeals Decisions, Utah Supreme Court Decisions, Valuation, Women's Divorce Issues

245 P.3d 176, 760 P.2d 304, 761 P.2d 1369, 799 P.2d 1166, 802 P.2d 1314, 855 P.2d 260, 9 P.3d 171, achieves, appreciated value, appreciation, augmented, Burt v. Burt, commingled, distributing property, distribution, divorce proceedings, divorced spouse, Dunn v. Dunn, during marriage, efforts, Elman v. Elman, equitable, equitable property division, equity, equity demands, exceptional circumstances, exceptions, extraordinary situations, fair, general rule, just, Kelley v. Kelley, maintained, marital asset, Mortensen v. Mortensen, Noble v. Noble, premarital, premarital property, primary residence, property, protected, Rappleye v. Rappleye, rights, separate, separate property, trial courts

Can a divorced spouse claim rights to a premarital primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that is clearly not a marital asset. In the jurisdiction where…

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,…

Husband’s or Wife’s Business