Utah Court Rules Archives

When an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?

April 20, 2023

Alienation of Affection, Child Custody, Co-parenting, Court Orders, Uncategorized, Unwed Parents, Utah, Utah Code, Utah Court Rules, Utah Law

alienation, children, court order

Generally speaking (you will need to confer with an attorney who knows the law governing this question in the jurisdiction where you, the other parent, and the child reside), if there are no other court orders in place that govern…

Wellman v. Kawasaki – 2023 UT App 11 – Alimony

March 3, 2023

Divorce Utah

Alimony and Support, Appeal, Coping With Divorce, Court Orders, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Findings of Fact and Conclusions of Law, Judges, Men's Divorce Issues, Procedure and Evidence, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

¶ 14, 2014 UT App 211, 2015 UT 79, 2021 UT App 77, 335 P.3d 378, 459 P.3d 276, 496 P.3d 242, 700 P.2d 1072 (Utah 1985), Dahl v. Dahl, equalize the standards of living of each party, financial declaration, Jones v. Jones, Miner v. Miner, need must constitute the maximum permissible alimony award, prevent recipient spouse from becoming a public charge, purposes of alimony, Roberts v. Roberts, standard of living that existed during the marriage, statutory alimony factors, supporting] financial documentation, Utah Code § 30-3-5(10), Utah law, Utah R. Civ. P. 26.1(c).

2023 UT App 11 THE UTAH COURT OF APPEALS DAVID WELLMAN, Appellee, v. KRISTIN KAWASAKI, Appellant. Opinion No. 20210265-CA Filed February 2, 2023 Fourth District Court, Provo Department The Honorable Christine S. Johnson No. 174402919 Mary Deiss Brown, Attorney for…

What Are the Divorce Laws in Utah?

December 29, 2022

Divorce Utah

Divorce, Divorce Court, Divorce Procedure, Uncategorized, Utah Court Rules, Utah Law

utah divorce law

While visiting a lawyer’s website is not a bad place to look for answers to this question, it is not the best. If you want to know the divorce laws for Utah, you will want to read the laws and…

What Are the Divorce Laws in Utah?

December 22, 2022

Divorce Utah

Utah Code, Utah Court Rules, Utah Law

Divorce Laws, Utah code, Utah law

This is a good but very broad question. Here, in a nutshell, is a good way to start learning the answer: If you want to know the divorce laws in Utah, you will want to read the laws and the…

Is 50/50 custody likely when the parents live in the same neighborhood?

What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part, “What is the likelihood of reverting to 50-50 custody.” Your…

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…

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…

How do you change the name on a deed after a divorce?

In Utah (where I practice divorce and family law), there is more than one way to transfer title to the marital home (assuming the parties own a home), but the most common and conventional way is the same way title…

Is child marriage legal in the United States?

September 20, 2022

Divorce Utah

Court Orders, Court Rules, Family Law, Utah, Utah Code, Utah Court Rules, Utah Law

adults, child marriage, children, family law, law, marriage, state law, united states, Utah law

Of a sort, and depending upon the particular state, yes. In some places children (minor children, those who are by law deemed incapable of consenting to marry) can marry with their parents’ permission, under certain conditions. For example, in Utah…

New Laws Affecting Utah Divorce and Family Law in 2022

September 15, 2022

Divorce Utah

Divorce Law, Family Law, Utah, Utah Code, Utah Court Rules, Utah Law

2022 Utah legislative session, Child Support, divorce law, domestic relations cases, family law, Parent Time, protective orders, Utah, Utah law, Utah Legislature

Here is a summary of new law affecting divorce and family law that was created by the Utah State Legislature in 2022: HB (House Bill) 122 1st Substitute, entitled “Family Terminology Amendments.” This bill amended language regarding marriage and legitimacy.…

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 Utah

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…

Can a parent with full custody deny visitation due to unsanitary conditions?

Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for the jurisdiction where I practice divorce and family law (Utah).…

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…

Utah Court Rules

When an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?

Wellman v. Kawasaki – 2023 UT App 11 – Alimony

What Are the Divorce Laws in Utah?

What Are the Divorce Laws in Utah?

Is 50/50 custody likely when the parents live in the same neighborhood?

How do you get pet custody after a breakup?

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

How do you change the name on a deed after a divorce?

Is child marriage legal in the United States?

New Laws Affecting Utah Divorce and Family Law in 2022

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

What is MyCase and why should I care?

Can a parent with full custody deny visitation due to unsanitary conditions?

Is it possible to get court transcripts for custody hearings?

Can I gain full custody if I’m bipolar?

Fox v. Fox 2022 UT App 88 – alimony

Is there anything that can surprise a judge during a divorce proceeding?

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

Do both parties have to sign the paperwork for a divorce to be granted?

How do you prove duress in a divorce?