Women's Divorce Issues 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…

How Long Does a Child Custody Court Hearing Take?

rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t do much, if anything, during the actual hearing, with the…

Artificial Fraudulence

May 26, 2023

Divorce Utah

Coping With Divorce, Evidence, Family Law, Fathers' Divorce Issues, Judges, Justice and Equity, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Utah Law, Women's Divorce Issues

abuse, action, assets and debt, audio, authenticity, biased, concerned, deepfakes, diminution and dissipation of assets, discern, duped, email, evidence, fake, fakery, family law, fraud, genuine article, impossible, indistinguishable, infidelity, innocent, invent, judge, judges, justice, legal process, legitimate concerns, level, liars, lies, litigants, meaningless, mockery, offended, opposing counsel, outraged, paranoid, persecuting, pervasively, process, profession, proof, property damage, protect, proud, reality, records, ridiculed, scientific data, Seth Godin, shaming, sincerity, society, spread, substance abuse, surprise, system irreparably, tactics, technology, text, trust, truth, understanding, unprofessional, veracity, verify, vexatious litigator, visual, volume, whistleblower

Seth Godin stated it well when he wrote, “The ease with which someone can invent and spread lies [with advancing technology] is going to take most of us by surprise. It’s going to require an entirely new posture for understanding…

What Should I Do When a Family Court Judge Refuses to Look at My Evidence?

What should I do when a family court judge refuses to look at my evidence of abuse because my ex’s lawyer lied about me bringing it to him when I had a witness with me? What you can or should…

Tithing Can Be a Legitimate Personal Expense in the Context of Determining the Alimony Award

Whether my recollection is true or not, I remember being taught in law school that tithing and other regular charitable giving cannot be treated as a personal expense deduction in bankruptcy. It appears that is no longer true (if ever…

What’s the Chance That Soon-to Be Ex-husband Will Get “Final Decision Making” in Joint Custody?

May 18, 2023

Divorce Utah

Child Custody, Fathers' Divorce Issues, Women's Divorce Issues

final decision making, joint custody

That depends on many, many factors. Some legitimate, some possibly not. Those of you who have read my content here may have noticed that I am of the opinion (arising out of more than 25 years’ experience as a divorce…

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…

Mintz v. Mintz – 2023 UT App 17

March 10, 2023

Divorce Utah

Alimony and Support, Appeal, Assets/Debt/Property, Coping With Divorce, Court Orders, Division of Marital Property, Divorce, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Fault, Findings of Fact and Conclusions of Law, Husband's or Wife's Business, Infidelity, Marital Estate, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Procedure and Evidence, Property Division, Spouse's Business, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

¶ 11, ¶ 14, ¶ 15, ¶ 16, ¶ 2, ¶ 21, ¶ 46, ¶ 48, ¶ 5, ¶ 53, ¶ 57 n.8, ¶ 58 n.8, ¶ 8, 1166 (Utah Ct. App. 1997), 1170 (Utah Ct. App. 1990), 1211 (Utah Ct. App. 1991), 127 P.3d 1224, 131 P.3d 872, 141 P.3d 618, 145 A.3d 709, 1999 UT 86, 200 P.3d 223, 2001 UT App 157, 2003 UT App 357, 2005 UT App 518, 2006 UT App 301, 2006 UT App 75, 2009 UT App 10, 2009 UT App 233, 2011 UT App 41, 2012 UT App 373, 2014 UT App 26, 2017 UT App 133, 2017 UT App 137, 2019 UT 16, 2019 UT 61, 2019 UT App 114, 2020 UT App 141, 2021 UT App 77, 2022 UT App 47, 217 P.3d 733, 223 (Utah 1976); see also Allen Distrib., 232 (N.C. Ct. App. 2000), 248 P.3d 65, 294 P.3d 591, 321 P.3d 200, 402 P.3d 153, 402 P.3d 34, 445 P.3d 395, 449 P.3d 202, 452 P.3d 1134, 476 P.3d 145, 496 P.3d 242, 509 P.3d 265, 509 P.3d 265; Miner v. Miner, 534 S.E.2d 230, 536 (Iowa Ct. App. 2018), 554 P.2d 220, 604 P.2d 938, 689 (Utah 1939), 716 (N.J. Super. Ct. App. Div. 2016), 739 P.2d 83, 799 P.2d 1166, 80 P.3d 153, 806 P.2d 1209, 84 (Utah Ct. App. 1987), 87 P.2d 686, 908 N.W.2d 524, 934 P.2d 1164, 940 (Utah 1979), 993 P.2d 191, abuse of discretion, affirm, alimony, appeal, B.L. Key, Bakanowski v. Bakanowski, Bjarnson v. Bjarnson, book of business, Brady v. Park, Bryant v. Bryant, Burt v. Burt, Cheves v. Williams, circumstances, comforts, Cowley v. Porter, customary, dissipation of marital estate, divorce, Dobson v. Dobson, Eberhard v. Eberhard, employer asset, essential, Gardner v. Gardner, Holt v. Industrial Comm’n, Howell v. Howell, In re Marriage of Stenzel, Inc. v. Industrial Comm’n, Inc. v. Utah State Tax Comm’n, infidelity, investment accounts, Kemp v. Kemp, Kidd v. Kidd, Kimball v. Kimball, Knowles v. Knowles, Leppert v. Leppert, Lombardi v. Lombardi, luxuries, maintaining, minimum, Mintz v. Mintz - 2023 UT App 17, Mitchell v. Mitchell, n.1, National Advert. Co. v. Murray City Corp., necessities, Ortiz v. Crowther, proper status, property distribution, remand, reverse, Rule v. Rule, standard of living, Talley v. Talley, Utah law, Valentine v. Farmers Ins. Exch., Youth Tennis Found. v. Tax Comm’n

Mintz v. Mintz – 2023 UT App 17 THE UTAH COURT OF APPEALS RAYNA ELIZABETH MINTZ, Appellant and Cross-appellee, v. GLEN RYAN MINTZ, Appellee and Cross-appellant. Opinion No. 20200507-CA Filed February 9, 2023 Third District Court, Silver Summit Department The…

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…

From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them

There is far more to this story than the headline reveals. From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them https://www.propublica.org/article/parental-alienation-utah-livestream-siblings#:~:text=Two%20siblings%20in%20Utah%20have,had%20sexually%20abused%20the%20children Is there any question whether the court would…

The New Utah Code §§ 30-3-35 and 30-3-35.1 Holiday Parent-Time Schedules

From KSL.com: New Utah law brings confusion, contention for some divorced parents this holiday season https://www.ksl.com/article/50538686/new-utah-law-brings-confusion-contention-for-some-divorced-parents-this-holiday-season Utah Family Law, LC | divorceutah.com | 801-466-9277

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…

Oldroyd v. Oldroyd – 2022 UT App 145 – Premarital Property

February 1, 2023

Divorce Utah

Appeal, Assets/Debt/Property, Coping With Divorce, Division of Marital Property, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Equitable Interest, Equity, Family Law, Findings of Fact and Conclusions of Law, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Prenuptial Agreements, Preparing for Divorce, Property Division, Special Circumstances, Utah Court of Appeals Decisions, Women's Divorce Issues

2022, 2022 UT App 145, acquiring interest in a spouse’s premarital property, contributions, December 22, equitable division, extraordinary situation exception, interest in spouse’s premarital property, Judge Noel S. Hyde, Morgan Department, Oldroyd v. Farrell Lynn Oldroyd, Opinion No. 20210073-CA, premarital property, premaritally acquired, property contribution exception, Second District Court, spouse’s premarital property, Utah Court of Appeals

2022 UT App 145 THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20210073-CA Filed December 22, 2022 Second District Court, Morgan Department The Honorable Noel S. Hyde No. 134500028 Brent D. Wride,…

Kingston v. Kingston – 2022 UT 43 – Parental Rights, Due Process Rights

December 30, 2022

Divorce Utah

Best Interest of the Child, Child Custody, Divorce, Family Law, Fathers' Divorce Issues, Women's Divorce Issues

best interest of the child, child custody, divorce, due process, First Amendment, Fourteenth Amendment, harm, legal custody, physical custody, religion, religious, religious teaching

2022 UT 43 IN THE SUPREME COURT OF THE STATE OF UTAH RYAN CLYDE KINGSTON, Appellant, v. JESSICA BENNY KINGSTON, Appellee. No. 20200350 Heard April 11, 2022 Filed __ On Appeal of Final Decree of Divorce Third District, Salt Lake…

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…

My children’s father is a bum. Can he get 50/50 custody awarded?

The question is: I’m a stay at home mom, my BD is always working unreliable and inconsistent hours, he wants 50% custody of our son. Will he be granted 50%? His hours always vary from 4pm 7pm 9pm even 2am…

Who do you pick between a present father and an absentee mother?

Who do you pick, your father who has been there your whole life or your mother who was never there until now and wants custody of you? Assuming that 1) custody of you must be awarded to one parent or…

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,…

What are some ways to make the divorce rate drop?

November 25, 2022

Divorce Utah

Divorce, Divorce Causes, Divorce Prevention/Marriage Preservation, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

father, God, husband, institution, law, marriage, mother, parents, preservation, spouse, wife

First, some marriages need to end in divorce. That is why divorce exists. But divorce is not always the answer when one or both spouses is/are miserable. Far too many divorces are not only unnecessary, but take things from bad…

Women’s Divorce Issues