Utah Supreme Court Decisions Archives

In re J.L… 2022 UT 12 – termination of parental rights

2022 UT 12 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, in the Interest of J.A.L. and J.O.L., Persons Under Eighteen Years of Age J.L. and J.A., Appellants, STATE OF UTAH, Appellee. No. 20200271 Heard September…

McQuarrie v. McQuarrie – 2021 UT 22 – termination of continuation of alimony

MCQUARRIE v. MCQUARRIE – 2021 UT 22 In the Supreme Court of Utah. Melvin C. MCQUARRIE, Appellant, v. Janette Colledge MCQUARRIE aka Janette Kendall, Appellee. No. 20190902-SC Heard March 5, 2021 Filed June 17, 2021 On Petition for Writ…

2021 UT 36 – In re E.R.

August 9, 2021

Divorce Utah

Utah Supreme Court Decisions

child custody, custody, parent custody termination, parental rights, Utah law, Utah Supreme Court

2021 UT 36 – In re E.R. IN THE SUPREME COURT OF THE STATE OF UTAH State of Utah, in the interest of E.R., a person under eighteen years of age J.R., Petitioner, STATE OF UTAH, Respondent. No. 20200163 Heard April 8, 2021 Filed July 29, 2021 …

Can a divorced spouse claim rights to a previous primary residence?

April 19, 2021

Divorce Utah

Assets/Debt/Property, Business Interests, Coping With Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Personal Property, Real Estate/Real Property, Special Circumstances, Spouse's Business, Utah Court of Appeals Decisions, Utah Supreme Court Decisions, Valuation, Women's Divorce Issues

245 P.3d 176, 760 P.2d 304, 761 P.2d 1369, 799 P.2d 1166, 802 P.2d 1314, 855 P.2d 260, 9 P.3d 171, achieves, appreciated value, appreciation, augmented, Burt v. Burt, commingled, distributing property, distribution, divorce proceedings, divorced spouse, Dunn v. Dunn, during marriage, efforts, Elman v. Elman, equitable, equitable property division, equity, equity demands, exceptional circumstances, exceptions, extraordinary situations, fair, general rule, just, Kelley v. Kelley, maintained, marital asset, Mortensen v. Mortensen, Noble v. Noble, premarital, premarital property, primary residence, property, protected, Rappleye v. Rappleye, rights, separate, separate property, trial courts

Can a divorced spouse claim rights to a previous primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that is clearly not a marital asset. In the jurisdiction where…

Can a divorced spouse claim rights to a premarital primary residence?

April 15, 2021

Divorce Utah

Assets/Debt/Property, Business Interests, Coping With Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Personal Property, Real Estate/Real Property, Special Circumstances, Spouse's Business, Utah Court of Appeals Decisions, Utah Supreme Court Decisions, Valuation, Women's Divorce Issues

245 P.3d 176, 760 P.2d 304, 761 P.2d 1369, 799 P.2d 1166, 802 P.2d 1314, 855 P.2d 260, 9 P.3d 171, achieves, appreciated value, appreciation, augmented, Burt v. Burt, commingled, distributing property, distribution, divorce proceedings, divorced spouse, Dunn v. Dunn, during marriage, efforts, Elman v. Elman, equitable, equitable property division, equity, equity demands, exceptional circumstances, exceptions, extraordinary situations, fair, general rule, just, Kelley v. Kelley, maintained, marital asset, Mortensen v. Mortensen, Noble v. Noble, premarital, premarital property, primary residence, property, protected, Rappleye v. Rappleye, rights, separate, separate property, trial courts

Can a divorced spouse claim rights to a premarital primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that is clearly not a marital asset. In the jurisdiction where…

Does having the judge interview the children traumatize the children?

December 23, 2020

Divorce Utah

Abuse, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Divorce, Divorce Attorneys, Divorce Causes, Divorce Mistakes, Emotional abuse, Family Law, Fathers' Divorce Issues, Firing a Divorce Lawyer, GAL (Guardian ad Litem), Judges, Justice and Equity, Juvenile Court, Legal Custody, Legal System, Modification of Child Custody, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Physical Custody, Preparing for Divorce, Utah Code, Utah Law, Utah Supreme Court Decisions

§ 30-3-10(5), $10, $3, 000, better, child abuse, child witness, children, custody evaluator, different, effectively, free of charge, functionally, GAL, guardian ad litem, hearsay, interview, judge, LCSW, less time, mental health professional, on the record, parents, Psychologist, second hand information, skilled, spending, thousands, trauma, traumatize, Utah code, Utah Legislature

Does having the judge interview the children traumatize the children? This post is the second in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child…

Jensen v. Canon – 2020 UT App – tort of fraudulent nondisclosure and willful intent to deceive

October 21, 2020

Divorce Utah

Dirty Tricks, Divorce Law, Divorce Mistakes, Divorce Preparedness, Marital Property, Utah Law, Utah Supreme Court Decisions

tort of fraudulent nondisclosure, willful intent to deceive

2020 UT App 124 THE UTAH COURT OF APPEALS JODI JENSEN, Appellant and Cross-appellee, v. GARY CANNON, Appellee and Cross-appellant. Opinion No. 20190433-CA Filed August 27, 2020 Third District Court, Salt Lake Department The Honorable Patrick Corum No. 160904276 Bruce…

In re Adoption of B.H. – 2020 UT 64 – UCCJE and ICPC

October 20, 2020

Divorce Utah

Adoption, Termination of Parental Rights, Utah Law, Utah Supreme Court Decisions

ICPC, Interstate Compact on the Placement of Children, UCCJEA, Utah Uniform Child Custody Jurisdiction and Enforcement Act

This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 64 IN THE SUPREME COURT OF THE STATE OF UTAH In the Matter of the Adoption of B.H., a person under eighteen years of age P.H.…

In re K.T.B. – 2020 UT 51 Utah Code § 78B-6-110 strict compliance unconstitutional

October 19, 2020

Divorce Utah

Termination of Parental Rights, Utah Law, Utah Supreme Court Decisions

In re K.T.B., not narrowly tailored, termination of parental rights, unconstitutional, Utah Code § 78B-6-110

2020 UT 51 – In re K.T.B. This opinion is subject to revision before final publication in the Pacific Reporter IN THE SUPREME COURT OF THE STATE OF UTAH IN THE MATTER OF THE ADOPTION OF K.T.B A PERSON UNDER EIGHTEEN YEARS…

New Developments in Utah Law Governing Termination of Alimony

August 3, 2020

Divorce Utah

Alimony and Support, Divorce Fears, Divorce Preparedness, Utah Law, Utah Supreme Court Decisions

2020 UT 54, alimony, cohabitation, cohabiting, common residence, legal domicile, mandate rule, marriage-like relationship, Scott v. Scott, terminating alimony, termination of alimony, Utah Supreme Court

New developments in Utah case law governing the termination of alimony with the case of Scott v. Scott. In this case, the ex-husband moved to terminate alimony and won. The ex-wife claimed that her relationship with her post-divorce boyfriend did…

Scott v. Scott – 2020 UT 54 – termination of alimony

July 31, 2020

Divorce Utah

Alimony and Support, Utah Code, Utah Law, Utah Supreme Court Decisions

2020 UT 54, alimony, cohabitation, cohabiting, common residence, legal domicile, mandate rule, marriage-like relationship, terminating alimony, termination of alimony, Utah Supreme Court

This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 54 IN THE SUPREME COURT OF THE STATE OF UTAH JILLIAN SCOTT, Appellant, v. BRADLEY SCOTT, Appellee. No. 20180210 Heard March 11, 2020 Filed July…

State v. Drommond – 2020 UT 50 – Utah Supreme Court

July 22, 2020

Divorce Utah

Utah Law, Utah Supreme Court Decisions

husband, murder, wife

2020 UT 50 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Appellee, v. DAVID EDWARD DROMMOND, JR., Appellant. No. 20080252 Heard April 30, 2013 Reheard February 10, 2020 Filed July 17, 2020 On Direct Appeal Second…

State v. Norton – 2020 UT 46 – Utah Supreme Court

July 18, 2020

Divorce Utah

Divorce Fears, Divorce Preparedness, Uncategorized, Utah Law, Utah Supreme Court Decisions, Women's Divorce Issues

husband, Rape, Utah Supreme Court, wife

https://www.utcourts.gov/opinions/supopin/State%20v.%20Norton20200713_20180514_46.pdf This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 46 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Respondent, v. LONNIE NORTON, Petitioner. No. 20180514 Heard May 13, 2019…

2019 UT 73 – Olguin v. Anderton – UUPA standing

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 73 UTAH SUPREME COURT JIMMY OLGUIN, Appellee, v. MARIE ANDERTON and CHRISTOPHER ANDERTON,Appellants. No. 20180098 Heard February 22, 2019 Filed December 19, 2019 On Certification…

2019 UT 72 – Utah Supreme Court – Hinkle v. Jacobsen – standing to establish paternity

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 72 – Utah Supreme Court – Hinkle v. Jacobsen THERESA I. HINKLE, Appellee, v. KOREY D. JACOBSEN, Appellee, and JODY RHORER, Intervenor and Appellant. No.…

2019 UT 71 – Utah Supreme Court – Castro v. Lemus – standing to establish paternity

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 71 – Utah Supreme Court OSCAR CASTRO, Appellant, v. MARI TERESA LEMUS, Appellee. No. 20180094 Heard February 22, 2019 Filed December 19, 2019 On Certification…

2019 UT 74 – Mackley v. Openshaw – Utah Supreme Court – denial of paternity

January 8, 2020

Divorce Utah

Paternity, Uncategorized, Utah Supreme Court Decisions

2019 UT 71, Castro v. Lemus, denial of paternity by presumed father, father of illegitimate child, Husband’s presumed paternity, lacked standing, mistake of fact, move to dismiss petition, mutual mistake of fact, unilateral mistake of fact, UTAH CODE § 78A-6-514(3), UTAH CODE § 78B-15-306(1)(a), Utah Uniform Parentage Act, UUPA

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 74 – Mackley v. Openshaw – IN THE SUPREME COURT OF THE STATE OF UTAH ADAM MACKLEY, Appellant, v. ADRIENNE OPENSHAW, Appellee. COLTON BARNEY, Appellee,…

Is it more important to study statutes or case law?

October 30, 2019

Divorce Utah

Utah Court of Appeals Decisions, Utah Law, Utah Supreme Court Decisions

appellate court, appellate courts, appellate decisions, application, apply, construction, construe, court of appeals, statute, statutes, statutory, supreme court

You must study each, but that does not mean you must devote the same amount of time to each. You must first study the statute to know what the statute provides and to see how you construe the statute before…

In re Gestational Agreement – 2019 UT 40 – same-sex spouses gestational agreements

August 20, 2019

Divorce Utah

Same Sex Marriage, Utah Supreme Court Decisions

gestational agreement, intended mother requirement, same-sex spouses, Utah Code § 78B-15-803(2)(b), Utah Uniform Parentage Act

This opinion is subject to revision before final publication in the Pacific Reporter In re Gestational Agreement – 2019 UT 40 IN THE SUPREME COURT OF THE STATE OF UTAH IN RE GESTATIONAL AGREEMENT N.T.B, J.G.M., D.B., and G.M., Petitioners…

What Legal Research Is and Why It’s Important to Your Case

April 9, 2019

Divorce Utah

Attorney Fees, Divorce Preparedness, Lawyer Fees, Utah Code, Utah Court of Appeals Decisions, Utah Supreme Court Decisions

appellate court, application, apply, case law, cases, construction, decisions construe, legal research, statutes, Utah code

Most clients have no idea how much work takes place behind the scenes at most law firms. More than the copious phone calls, emails and text messages back and forth to opposing counsel/parties. Planning, research, evidence gathering, document drafting, court…