Utah code Archives - Divorce Utah

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

April 9, 2019

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…

LeFevre v. Mackelprang – 2019 UT App 42 – joint custody analysis

2019 UT App 42 – THE UTAH COURT OF APPEALS – LeFevre v. Mackelprang AMELIA GAYATREE LEFEVRE, Appellee, v. CASEY LEE MACKELPRANG, Appellant. Opinion No. 20171006-CA Filed March 28, 2019 Sixth District Court, Panguitch Department The Honorable Paul D. Lyman…

Nebeker v. Orton – 2019 UT App 23 – custody and parent-time

2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The Honorable Marvin D. Bagley No. 154600140 Jared L. Peterson, Attorney…

Does Child Support Automatically End? Or Do I Have to Request That?

February 7, 2019

Divorce Utah

Child Custody Modification, Child Support

78B-12-219, child support ending, child support terminating, child support termination, ORS, Utah code

QUESTION: Hi there, Eric. I am current on my child support and will continue to be current on what I own until my children are 18. At that time, will my payments automatically stop or will I have to go…

My parents are unmarried. Can I choose which one I live with?

September 20, 2018

Divorce Utah

Child Custody, Custody, Paternity

Utah code, Utah Code § 30-3-10(1)(e), Utah Uniform Parentage Act

So my parents were unmarried and I’ve been in custody of my mother. I want to be with my dad however, how does everything work so I can live with him? If you just tell Mom you want to live…

How does custody of children work if the parents live in different states?

September 6, 2018

Divorce Utah

Child Custody, Children in Divorce, Divorce Law, Divorce Preparedness, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Physical Custody, Women's Divorce Issues

§ 30-3-37, Utah code, Utah Code § 30-3-37

How does custody of children work if the parents live in different states? I’ll answer this question in the context of Utah’s family law (I practice divorce and family law in Utah). There are two kinds of child custody in…

Lay v. Lay – 2018 UT App 137 – § 30-3-35.1 parent-time not mandatory

July 25, 2018

Divorce Utah

Child Custody, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

“may consider”, § 30-3-32, § 30-3-35, § 30-3-35.1, mandatory, optional, optional schedule, Parent Time, schedule, Utah code

2018 UT App 137 THE UTAH COURT OF APPEALS BRANDON CHRISTOPHER LAY, Appellant, v. CORINNA NICOLE LAY, Appellee. Opinion No. 20170230-CA Filed July 12, 2018 Third District Court, West Jordan Department The Honorable Bruce C. Lubeck No. 074400807 Steve S.…

Alimony: How much of it should I be asking for, and why?

June 11, 2018

Divorce Utah

Alimony and Support, Divorce Fears, Divorce Law, Men's Divorce Issues, Spousal Support, Women's Divorce Issues

30-3-5(8), ability to pay, alimony award, determining amount of alimony, factors, how much alimony?, need, Utah code

How much alimony should I be asking for from my spouse? He’s very wealthy, and I do not work. I became a stay-at-home parent at his request. I’m now leaving the marriage without any retirement or savings. Here is a…

The court awarded my ex custody of our kids, but they live with me. Can I legally claim them on my taxes?

March 29, 2018

Divorce Utah

Child Custody, Children in Divorce, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Taxation, Women's Divorce Issues

78B-12-217, tax exemption, Utah code

The court awarded my ex custody of our kids, but they live with me. Can I legally claim them on my taxes? Here’s the answer as it applies under Utah law: 78B-12-217. Award of tax exemption for dependent children. (1)…

What if my spouse won’t complete the divorce orientation and education courses?

December 14, 2017

Divorce Utah

Child Custody, Children in Divorce, Coping With Divorce, Court Rules, Divorce Court, Divorce Education and Orientation Courses, Divorce Law, Divorce Procedure, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

divorce education class, divorce education course, divorce orientation class, divorce orientation course, Utah code, Utah divorce

What if my spouse will not complete the divorce orientation and education courses for parents? Can the judge still grant the divorce? Yes. You can file a motion notifying the court that your spouse refuses to take the courses and…

What is OCS?

October 25, 2017

Divorce Utah

Attorney Fees, Contempt of Court, Order to Show Cause

contempt, decree, divorce, order, order to show cause, punishment, sanction, Utah, Utah code

QUESTION: I hear about holding an ex who is not complying with the provisions of the Decree of Divorce or other court orders held accountable with an “OSC” What is an “OSC”? ANSWER: “OSC” means order to show cause. When…

Can the Utah Divorce Court Force My Ex to Refinance?

February 16, 2016

Divorce Utah

Uncategorized

78B-6-310, awarded, compel, contempt of court, force, house, incarcerated, jail, loan, mortage, refinance, sanctions, Utah code, willful

Question: My ex was awarded the house in our divorce, as long as my ex refinances the house, so that I am removed from the loan encumbering the house. But it’s been months and my ex has not refinanced. My…

Tag: Utah code