Legal System Archives

What Can I Legally Do if My Child’s Mother Refuses to Use Car Seat When Traveling With Our Little Child?

What can I legally do if my child’s mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is also the custodial parent with full custody rights, so she…

Do Abusive Parents Get Custody of Their Children? Can Relatives Get Custody Instead?

Do abusive parents get sole custody of their children, even when their children don’t want them to have it? If the children want to stay with a relative who can take care of them instead, can the court award the…

Nelson v. Nelson – 2023 UT App 38 – Claim Preclusion and Child Support

2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The Honorable Brian G. Cannell No. 154100713 Sara Pfrommer, Ronald D.…

Scott v. Benson – 2023 UT 4 – Fraudulent Voluntary Declaration of Paternity

2023 UT 4 IN THE SUPREME COURT OF THE STATE OF UTAH TAYLOR LYNN SCOTT, Respondent, v. SARAH CATHERINE BENSON, Petitioner. No. 20210922 Heard October 3, 2022 Filed April 20, 2023 On Certiorari to the Utah Court of Appeals Third…

State In Interest of B.W. – 2022 UT App 131

State In Interest of B.W. – 2022 UT App 131 Court of Appeals of Utah. STATE of Utah, IN the INTEREST OF B.W., J.W., and N.W., persons under eighteen years of age. H.W., Appellant, v. State of Utah, Appellee. No.…

U.S. Marriage and Divorce Statistics

March 10, 2023

Divorce Utah

Abuse, Adultery, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Child Custody, Child Support, Children in Divorce, Custody, Divorce, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Fault, Finances, Grounds for Divorce, Infidelity, Legal Custody, Legal System, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Parent Time, Parental Rights, Physical Custody, Separation, Settlement, Substance Abuse, Visitation, Women's Divorce Issues

Contributing factors to divorce, Divorce and political affiliation, Divorce effects on children, divorce rate in the United States, Divorce rates by addiction & mental health, Divorce rates by age, Divorce rates by education level, Divorce rates by ethnicity, Divorce rates by financial stability, Divorce rates by gender, Divorce rates by generations, Divorce rates by occupation, Divorce rates by religion, Divorce rates by social media, Divorce rates for interracial couples, Divorce statistics by state, How close friends or family impact divorce rates, How coworkers can increase divorce rates, How divorce affects couples with kids, How parents’ relationships affect divorce rates, Impact of divorce on child custody and child support., Military divorce rates, Same-sex divorce rates, The financial impact of divorce, Top divorce statistics you should know, What are the most common reasons for divorce?, Where you met

My name is Stephanie from flingorlove.com and honestly, I usually wouldn’t bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics and put it all together in a massive blog post…

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…

Is It a Conflict of Interest and Is It Unethical if I Saw My Divorce Attorney Hug My Husband in Court?

February 13, 2023

Divorce Utah

Attorney Fees, Court Rules, Divorce, Divorce Court, Firing a Divorce Lawyer, Lawyers, Legal System

attorney ethics, conflict of interest, divorce attorney

Not likely. Black’s Law Dictionary (11th ed. 2019) defines conflict of interest as: A real or seeming incompatibility between the interests of two of a lawyer’s clients, such that the lawyer is disqualified from representing both clients if the dual…

In Re K.T. 2023 UT App 5 – Substantiation of Child Abuse

2023 UT App 5 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.T., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210553-CA Filed January 20, 2023 Third District…

Should I file for a no-fault divorce or for an uncontested divorce?

December 27, 2022

Divorce Utah

Divorce, Divorce Law, Divorce Preparedness, Divorce Procedure, Family Law, Legal System, No fault divorce, Uncontested Divorce

end of marriage, family law, fault, fault finding, grounds, grounds of divorce, irreconcilable differences, law, no fault, no-fault divorce

My spouse and I have no children together and own no property together. Should I file for a no-fault divorce or for an uncontested divorce? It’s not a question of choosing between “no-fault divorce” and “uncontested divorce”. These two terms…

What advice would you give to someone who has just started a divorce?

What advice would you give to someone who has just become one of the parties in a divorce proceeding? #1. Know this: divorce law and the divorce process are almost surely not what you think they are. They are scarier,…

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

Divorce Utah

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…

Do attorneys ever have to represent relatives?

November 14, 2022

Divorce Utah

Court Rules, Divorce Attorneys, Divorce Lawyers, Justice and Equity, Lawyers, Legal System

attorney, conflict of interest, duty, law, lawyer, legal, moral dilemma, officer of the court, relative, representing a relative

Do attorneys ever have to represent relatives or is that a conflict of interest? I will give my personal opinion (as a lawyer, but not as a lawyer giving anyone any particular legal advice) as it applies in the jurisdiction…

Does the statute that enables a spouse to not testify against their spouse carry over into divorce if the alleged crime took place during the marriage?

October 31, 2022

Divorce Utah

Divorce, Divorce Law, Legal System, Spousal Privilege, Utah Code, Utah Law

confidential, spousal privilege, Utah code, Utah law

I don’t know the rules as they apply in different jurisdictions, but I can tell you what the rule is in Utah, where I practice divorce and family law. In Utah, the rule is as follows (see Utah Rules of…

What can I do if my ex won’t stop taking me to court?!

My ex has been taking me to court for over 4 years to get my joint custody taken away. Her father worked for the courts for 25 years so she hasn’t had to get a lawyer and it’s obviously harassment…

What does temporary custody without prejudice mean?

It means that the child custody order is a temporary, as opposed to a permanent and final, order of the court. Why would a court enter a temporary child custody order? For obvious reasons and necessity. If to parents are…

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 long do you pay alimony in Utah?

The law governing the duration of alimony is pretty simple and straightforward: See Utah Code § 30-3-5, subsections (1)(c) and (11)(e): (1) As used in this section: ***** (c) “Length of the marriage” means, for purposes of alimony, the number…

Do top lawyers advertise?

October 4, 2022

Divorce Utah

Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyers, Legal System

advertisement, advertising, affordable lawyer, fire a lawyer, hire a lawyer, law firm advertising, lawyer, top lawyer, who is the best lawyer

I have yet to see the best of the best lawyers advertise, and the most likely explanation is that they don’t advertise because they don’t need to advertise. But if you think this means any lawyer who doesn’t advertise “must…