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Mower v. Mower – 2023 UT App 10 – Death of Spouse Before Court Rules

2023 UT App 10 THE UTAH COURT OF APPEALS LIDIA V. MOWER, Appellant, v. THOMAS W. MOWER, Appellee. Opinion No. 20210101-CA Filed January 20, 2023 Fourth District Court, American Fork Department The Honorable Roger W. Griffin No. 124100133 Cassie J.…

Do I have to pay the court to go to trial?

Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this wasn’t widely known: In Utah, do I have to pay…

Should I intentionally botch my hair follicle test?

December 2, 2022

Dirty Tricks, Judges, Jurisdiction, Justice and Equity, Lawyers, Legal System

court, criminal, deceive, drug test, evidence, guilty, hair follicle test, innocent, law, legal counsel, legal system, lie

Would it be better to botch my hair follicle test so it reads nothing, or allow the judge and the world to see what I’ve been doing the last 6 months? First, learn the truth about hair follicle drug test…

How do you get pet custody after a breakup?

I cannot speak on what the law is in every jurisdiction, but according to Utah (Utah is where I practice divorce and family law), the answers are: If by “breakup” you mean the breakup of a marriage by divorce: Pets…

How do I file a response in a divorce if the summons is invalid?

How do I file a response in a divorce if missing the court’s address for filing invalidates the summons? Be very careful getting cute with procedural technicalities. If you were served with a summons that is defective only because it…

How difficult is it to get a divorce from a spouse who has disappeared?

How difficult is it to get a divorce from a spouse who disappeared +10 years back? No note, no trace, no explanation. If you urgently need to remarry, what processes would one need to prepare for? I can’t speak for…

What is MyCase and why should I care?

September 5, 2022

Divorce Law, Family Law, Jurisdiction, Justice and Equity, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

Divorce Court, domestic relations, family law, family law case, MyCase, self-service, software, system, Utah, Utah law

MyCase is an online system developed by the Utah State Courts system that you can sign up for free of charge and use in your family law case and certain other kinds of cases, but because this is a divorce…

How do you protect your assets from divorce, lawsuits, etc.?

How do you protect your assets from divorce, government confiscation, lawsuits, garnishments, or seizure? Best way: own nothing. The government (in all its forms) cannot seize from you that which you do not own. Downside: when you own nothing, you…

Do you think it’s fair for a non-custodial parent to pay more child support?

Do you think it’s acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all? Generally, no, it is not acceptable. In the jurisdiction where I…

Can someone legally move out without notice and turn off utilities?

August 18, 2022

Dirty Tricks, Divorce Law, Family Law, Jurisdiction, Justice and Equity, Legal System, Utah, Utah Code, Utah Law

dirty tricks, ex-husband, ex-spouse, ex-wife, litigation, moving out, separation, utilities

The judge finalized our divorce a month ago. My ex-husband decided to move out without any notice and then he turned off all utilities service. Can he legally do that without saying anything? It depends upon 1) the rules and…

Is it illegal for a lawyer to charge their ex client for a copy of their case file?

August 16, 2022

Jurisdiction, Justice and Equity, Lawyers, Legal System, Utah, Utah Law

attorney, law practice, lawyer, legal professional, professional, Rules of Professional Conduct, Utah, Utah law, Utah Supreme Court

Is there anything illegal about a previous lawyer wanting to charge their ex client for a copy of their case file? I can’t answer for all jurisdictions, but in Utah the answer is: If you were previously given your case…

Is it possible to get court transcripts for custody hearings?

Every jurisdiction is different regarding which court hearings are open to the public and whether recordings of their proceedings are available to the public or even to the parties’ themselves. Every jurisdiction is different regarding how court proceedings are recorded…

What are the primary concerns in determining parenting issues? Why?

What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections of the Utah Code when making a legal and physical…

Are divorce records public?

I cannot speak for all jurisdictions, but for the jurisdiction where I practice divorce law the answer is “yes”. See Utah Code § 30-3-4(2)(b): §30-3-4. Pleadings–Decree–Use of affidavit–Private records (b) If the court finds that there are substantial interests favoring…

How easy is it to change your child’s last name?

I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law (Utah): Here are the applicable Utah Code sections: 42-1-1. By…

In re Adoption of E.M.F. – 2022 UT App 43 time in which to appeal

In re Adoption of E.M.F… – 2022 UT App 43 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF E.M.F. AND M.S.F., PERSONS UNDER EIGHTEEN YEARS OF AGE. S.S. AND B.S., Appellants, v. J.F., Appellee. Opinion No.…

Do I need to show up for court if I was never served papers?

February 24, 2022

Court Orders, Court Rules, Judges, Jurisdiction, Lawyers, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

attorneys, court, court papers, judges, lawyers, legal system, notice of hearing, rule of thumb

Do I need to show up for court if I was never served papers? I live in South Carolina. I cannot speak for or about the jurisdiction of South Carolina because I practice law in Utah (so you need to…

State v. Redden – 2022 UT App 14 – protective orders – enhanced penalties

January 31, 2022

Abuse, Domestic Violence, Jurisdiction, Protective Orders, Utah Code, Utah Court of Appeals Decisions, Utah Law

10 years, class A misdemeanor, commits, convicted, crime, Domestic Violence, enhancement, offense, third degree felony, Utah Code § 77-36-1.1(2)(c)

2022 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. JOEL CHANCE REDDEN, Appellee. Opinion No. 20200700-CA Filed January 27, 2022 Fifth District Court, Cedar City Department The Honorable Keith C. Barnes No. 191500842 Sean D.…

How can you win with the abduction of your own children? I took my children to New Zealand without the permission of the father.

I don’t know the laws of New Zealand, but I can tell you this: morally, you have no right to do that, unless, perhaps, you absconded with the children to prevent their father from killing them or from causing serious…

2019 UT App 201 – Bradshaw v. Pelley-Whelan – UCCJEA

January 13, 2020

Child Custody, Custody, Jurisdiction, Utah Code, Utah Court of Appeals Decisions, Utah Law, Utah Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

§ 78B-13-102(7), § 78B-13-201(1), § 78B-13-204, 2019, 2019 UT App 201 Bradshaw v. Pelley-Whelan, December 12, findings of fact, home state, No. 20181003-CA, UCCJEA, Utah Uniform Child Custody Jurisdiction and Enforcement Act

2019 UT App 201 – Bradshaw v. Pelley-Whelan THE UTAH COURT OF APPEALS CAIRO BRADSHAW, Appellant, v. CHRISTOPHER PELLEY-WHELAN, Appellee. Opinion No. 20181003-CA Filed December 12, 2019 Third District Court, Salt Lake Department The Honorable Royal I. Hansen No. 174906242…

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