BLANK

Utah Court Rules

Home Utah Court Rules

Is child marriage legal in the United States?

September 20, 2022

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 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 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…

Can I gain full custody if I’m bipolar?

I don’t want anything to do with my child’s father. Can I gain full custody if I’m bipolar? First, thank you for being so candid and blunt. This is a question that everyone on both sides of this issue have…

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.…

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

Is there anything that can surprise a judge during a contested divorce proceeding? Of course. We’ve all read about cases where all of the circumstantial evidence indicated the defendant is guilty, only to be surprised in the eleventh hour some…

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…

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

Do both parties have to sign divorce paperwork in order for a divorce to be granted? It is possible in many jurisdictions (Utah being one of them; if you are not residing in Utah, you’ll need to consult the laws and court…

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…

Can I get an annulment instead of a divorce?

Many people call me asking about whether they can get an annulment instead of a divorce. Their reasons are almost always the same: “I would prefer to say that I am not divorced.” Although the stigma of divorce is not…

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…

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.…

Law from a legal assistant’s point of view, week 44: Mountains

By Quinton Lister, legal assistant One prominent geographical feature of Utah (where I am a legal assistant for a divorce attorney) is the mountains that surround the cities and towns of the state. I grew up in Colorado where there…

What should the child support award be if my ex makes $1,200 per week?

Should I be receiving more than $300 a month in child support if my ex-husband makes $1,200 per week? Each jurisdiction has different child support laws and rules, but I can answer this question in the context of Utah law,…

What is the argument for hearing a child’s view in a custody decision?

What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never actually has such evidence to consider. In Utah (where I practice divorce…

Can I force my spouse to divorce me?

I know of no legal way to force your spouse to filed for divorce against you, but you may not be aware of the fact that your spouse cannot prevent you from divorcing him/her. Many people do not understand what…

Can a parent take kids out of state while divorce is pending?

Can a parent who has filed for divorce and moved out with her 2 children now take her children for a week to another state for Thanksgiving, or will it be considered kidnapping? Great question. I will answer your question based…

Menu