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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

What Are the Divorce Laws in Utah?

December 22, 2022

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…

I want my husband to get 0 in the divorce if he bothers me about my weight

November 28, 2022

divorcing couple, issue, issues, prenup, prenuptial agreement, Utah code, Utah Code § 30-8-6. Enforcement, Utah law, weight

Can I include that my husband will get 0 in the divorce if he bothers me about my weight in the prenup? I cannot discuss this question as it applies to all jurisdictions, but I can give you my opinions…

Does the statute that enables a spouse to not testify against their spouse carry over into divorce if the alleged crime took place during the marriage?

October 31, 2022

Divorce, Divorce Law, Legal System, Spousal Privilege, Utah Code, Utah Law

confidential, spousal privilege, Utah code, Utah law

I don’t know the rules as they apply in different jurisdictions, but I can tell you what the rule is in Utah, where I practice divorce and family law. In Utah, the rule is as follows (see Utah Rules of…

How long do you pay alimony in Utah?

The law governing the duration of alimony is pretty simple and straightforward: See Utah Code § 30-3-5, subsections (1)(c) and (11)(e): (1) As used in this section: ***** (c) “Length of the marriage” means, for purposes of alimony, the number…

What are the primary parenting issues of concern by the court?

What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections of the Utah Code when making a legal and physical…

Abortion banned (except in certain circumstances) in Utah, effective June 24, 2022

June 29, 2022

Utah Code, Utah Law

2022, abortion, ban, Chapter 7A, June 24, Title 76, U.S. Supreme Court, Utah code

Today, June 24, 2022, the U.S. Supreme Court overturned the decision from the 1973 case of overruled Roe v. Wade which had (until today’s decision of the Supreme Court) ruled that abortion was a constitutional right. What does this mean…

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…

Duffin v. Duffin – 2022 UT App 60

2022 UT App 60 THE UTAH COURT OF APPEALS JAMES M. DUFFIN III, Appellee and Cross-appellant, v. BRANDY E. DUFFIN, Appellant and Cross-appellee. Opinion No. 20200361-CA Filed May 12, 2022 Third District Court, West Jordan Department The Honorable Matthew Bates No. 184400962 T. Jake Hinkins and…

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…

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…

Noel v. James – 2022 UT App 33 – civil stalking injunction

Noel v. James – 2022 UT App 33 THE UTAH COURT OF APPEALS MICHAEL EARL NOEL, Appellee, v. WILLIAM THOMAS JAMES, Appellant. Opinion No. 20200565-CA Filed March 10, 2022 Sixth District Court, Kanab Department The Honorable Marvin D. Bagley No.…

Must I hand a cop my license, or just show it?

February 25, 2022

Court Orders, Court Rules, Judges, Lawyers, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

cops, law, legal code, legal system, license, police, Utah, Utah code, wallet

I get this question a lot, and frankly, I am curious to know the answer myself: If you have a dedicated sleeve in your wallet that holds your driver license (you know, the kind with a window so that you…

More proposed family law-related proposed laws 2022 Utah

February 9, 2022

Divorce Law, Family Law, Utah, Utah Code, Utah Law

law, law making, legal code, legislation, Utah, Utah code, utah family law, Utah Legislature

More proposed family law-related proposed laws from the 2022 Utah Legislative Session Last week I covered four family law bills proposed during the 2022 session of the Utah State Legislature. Today’s post will review 3 more proposed bills. First, SB…

Should a parent prorate child support to include the child’s 18th birthday?

What would you think of a parent who makes the last child support payment prorated 7 days because the child’s 18th birthday falls on the 7th? I see nothing illegal or immoral about the principle of child support ending the…

Christmas/Winter Break for Parents Under the Utah Code

Christmas/Winter Break for Parents Under Utah Code § 30-3-35 or (§ 30-3-35.5 for a child 18 months and older) If your Christmas/Winter break starts December 17, 2021 and ends January 2, 2022 (i.e., school starts back up on Monday, January…

What are the divorce laws in Utah?

October 21, 2021

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

divorce law, family law, law, Utah, Utah code, Utah Court of Appeals, Utah Legislature, Utah Supreme Court

I don’t want to appear immodest, but honestly, my book is probably the best source in one volume: https://store.legal.thomsonreuters.com/law-products/Treatises/Utah-Family-Law-2020-2021-ed-Vol-2-Utah-Practice-Series/p/106664782 You can also find the laws governing Utah divorce and family law at the Utah State Legislature’s website, particularly (but not…

When a restraining order expires, is there some documentation that the respondent can get to prove the expiration?

In Utah, the answer to your question would be: Yes, in the form of the restraining order itself. The restraining order itself states that “[t]he order shall expire by its terms within such time after entry, not to exceed 14…

What are the laws for joint custody?

August 31, 2021

Child Custody, Custody, Divorce Law, Family Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Physical Custody, Utah, Utah Code, Utah Law

custody law, divorce law, family law, joint custody, joint equal custody, Utah code, Utah law

For the jurisdiction where I practice divorce and family law (Utah), the laws the court must consider are found in Utah Code § 30-3-10, 30-3-10.2, and, if the question of joint equal custody is in issue, § 30-3-35.2. The list…

MacFarland v. MacFarland – 2021 UT App 58

July 16, 2021

Amicable Divorce, Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Co-parenting, Cohabitation, Contempt of Court, Coping With Divorce, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equitable Interest, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Justice and Equity, Legal System, Marital Home, Men's Divorce Issues, Modification of Alimony, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Special Circumstances, Spousal Support, Termination of Alimony, Uncontested Divorce, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

§ 30-3-10.1, § 30-3-5, § 78B-12-108, § 78B-12-201, alimony, child custody, decree of divorce, joint physical custody, Modification, modifying, physical custody, Utah code

021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second District Court, Farmington Department The Honorable David J. Williams No.…

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