Utah Court of Appeals Decisions Archives

If you get a divorce but everything is in your name, do you have to split it?

If you get a divorce but everything is in your name, do you get to keep everything or do you have to split it? I will answer your question in the context of the law of the jurisdiction where I…

Taylor v. Taylor 2022 UT 35 – Divorce Arbitration

August 29, 2022

Divorce Utah

Arbitration, Utah, Utah Court of Appeals Decisions

arbitration, divorce law, private judge

IN THE SUPREME COURT OF THE STATE OF UTAH DAVID JENKINS TAYLOR, Appellant, v. JILL MARIE TAYLOR, Appellee. No. 20191090 Heard: April 13, 2022 Filed August 18, 2022 On Certification from the Court of Appeals Third District, Summit County The…

Fox v. Fox 2022 UT App 88 – alimony

Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District Court, St. George Department The Honorable Matthew L. Bell No.…

Can you get a post-judgment interest rate higher than the statutory rate?

Did you know you can request a post-judgment interest rate that is higher than the default statutory rate? It’s true. While the court does not have the discretion to lower, stay, or waive statutory interest rate, it does have discretion…

Nix v. Nix – 2022 UT App 83- insufficient evidence of adultery

2022 UT App 83 THE UTAH COURT OF APPEALS JILL NIX, Appellee, v. ROLAND COMPTON NIX JR., Appellant. Opinion No. 20200691-CA Filed June 30, 2022 Fourth District Court, Provo Department The Honorable Darold J. McDade No. 174402122 Seth D. Needs,…

How do you prove duress in a divorce?

I will answer your question in the context of Utah law because I practice divorce and family law in the state of Utah. First, here is how duress is defined in Utah: ¶ 23 Under Utah law, duress exists when…

Duffin v. Duffin – 2022 UT App 60

2022 UT App 60 THE UTAH COURT OF APPEALS JAMES M. DUFFIN III, Appellee and Cross-appellant, v. BRANDY E. DUFFIN, Appellant and Cross-appellee. Opinion No. 20200361-CA Filed May 12, 2022 Third District Court, West Jordan Department The Honorable Matthew Bates No. 184400962 T. Jake Hinkins and…

Beckham v. Beckham, 2022 UT App 65

2022 UT App 65 THE UTAH COURT OF APPEALS VICKI BECKHAM, Appellee, v. RANDALL BECKHAM, Appellant. Opinion No. 20200935-CA Filed May 19, 2022 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No. 194901020 Ben W. Lieberman, Attorney…

Horne v. Horne – 2022 UT App 54 – 60(b) motion to set aside

2022 UT App 54 THE UTAH COURT OF APPEALS REBECCA A. HORNE, Appellee, v. TODD D. HORNE, Appellant. Opinion No. 20200845-CA Filed April 28, 2022 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No. 194905732 Mary C.…

Twitchell v. Twitchell – 2022 UT App 49 – child custody and support

April 18, 2022

Divorce Utah

Appeal, Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Judges, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parenting Plan, Physical Custody, Preparing for Divorce, Procedure and Evidence, Sole Custody, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Visitation, Women's Divorce Issues

appeal, calculation, child custody, Child Support, child support obligation, conclusions of law, deviate, district court, divorce decree, Domestic Violence, evidence, findings of fact, income, moral character, neglect, Parent Time, physical abuse, physical custody, statutory minimum schedule, trial court, Utah Code § 30-3-10, Utah Code § 30-3-34, Utah Code § 30-3-35, Utah Code § 30-3-35.5, Utah Code § 78B-12-203, Utah Court of Appeals

Twitchell v. Twitchell – 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First District Court, Logan Department The Honorable Brian G. Cannell No.…

Corona-Leyva v. Hartman – 2022 UT App 45 – civil stalking injunction

Corona-Leyva v. Hartman – 2022 UT App 45 THE UTAH COURT OF APPEALS SERGIO CORONA-LEYVA, Appellee, JESUS HARTMAN, Appellant. Opinion No. 20200948-CA Filed April 7, 2022 Fourth District Court, Provo Department The Honorable Thomas Low No. 200401402 Sara Pfrommer, Ronald…

Widdison v. Widdison – 2022 UT App 46 – custody modification

April 13, 2022

Divorce Utah

Appeal, Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Evidence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Parental Rights, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Sole Custody, Special Circumstances, Unwed Parents, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

best interest, best interests, discretion, Modification, Parent Time, physical custody, Relocation, stability, substantial and material change in circumstances, Utah Code § 30-3-10.1, Utah Code § 30-3-10.4, Utah Code § 30-3-34, Utah Code § 30-3-37, Utah Code §30-3-36

Widdison v. Widdison – 2022 UT App 46 THE UTAH COURT OF APPEALS NICOLE WIDDISON, Appellant, LEON BRYANT WIDDISON, Appellee. Opinion No. 20200484-CA Filed April 7, 2022 Third District Court, Salt Lake Department The Honorable Robert P. Faust No.…

Knowles v. Knowles – UT App 47

Knowles v. Knowles – UT App 47 THE UTAH COURT OF APPEALS DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee. Opinion No. 20200032 Filed April 7, 2022 Second District Court, Farmington Department The Honorable David R. Hamilton No. 174700123 …

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.…

Noel v. James – 2022 UT App 33 – civil stalking injunction

Noel v. James – 2022 UT App 33 THE UTAH COURT OF APPEALS MICHAEL EARL NOEL, Appellee, v. WILLIAM THOMAS JAMES, Appellant. Opinion No. 20200565-CA Filed March 10, 2022 Sixth District Court, Kanab Department The Honorable Marvin D. Bagley No.…

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.…

Hillam v. Hillam – 2022 UT App 24 – final and appealable ruling, rule 54(b)

2022 UT App 24 THE UTAH COURT OF APPEALS JOHN DINSDALE HILLAM, Petitioner, v. TARA HILLAM, Respondent and Appellant, v. DUSTIN HANCOCK AS INVESTMENT TRUSTEE, Respondent and Appellee. Opinion No. 20200545-CA Filed February 25, 2022 Second District Court, Farmington Department…

In re J.P. – 2021 UT App 134 – termination of parental rights

In re J.P. – 2021 UT App 134 2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.L., Appellant, v. STATE OF UTAH, Appellee. Opinion…

2022 UT App 15 – Miller v. DaSilva – protective order objections

February 10, 2022

Divorce Utah

Abuse, Appeal, Civil Stalking, Civil Stalking Injunction, Court Orders, Court Rules, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Domestic Violence, Judges, Legal System, Men's Divorce Issues, Protective Orders, Stalking, Stalking Injunction/Civil Stalking Injunction, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

§ 78B-7-604, § 78B-7-603, 10 days, 14 days, Chapter 7, cohabitant abuse, cohabitant abuse act, cohabitant abuse protective order, Cohabitant Abuse Protective Orders, commissioner, domestic abuse, ex parte protective order, hearing, Judicial Code, Part 6, petitioner, protective order, Protective Orders and Stalking Injunctions, recommendations, respondent, rule 108, Title 78B, Utah Court of Appeals, Utah R. Civ. P. 108(a), Utah R. Jud. Admin. 6-401, Utah Rules of Civil Procedure

2022 UT App 15 – Miller v. DaSilva http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Miller v. Dasilva20220203_20200719_15.pdf THE UTAH COURT OF APPEALS LISA M. MILLER, Appellant, v. AMY ELIZABETH DASILVA, Appellee. Opinion No. 20200719-CA Filed February 3, 2022 Third District Court, Salt Lake Department The Honorable…

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

January 31, 2022

Divorce Utah

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.…