Utah code Archives

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

Divorce Utah

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 Utah

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 Utah

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

Divorce Utah

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

Divorce Utah

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.…

Can I get a stalking injunction against someone in a different state who stalks via social media?

June 7, 2021

Divorce Utah

Civil Stalking, Civil Stalking Injunction, Men's Divorce Issues, Protective Orders, Utah Code, Utah Law, Women's Divorce Issues

Chapter 7, civil stalking injunction, electronic, protective order, social media, stalking injunction, text message, Title 76, Title 78B, Utah code

How would you go about getting an order of protection against someone in a different state for harassment and stalking via social media? I will answer your question based upon the law of the state of Utah, where I practice…

Why do I have to give the court my Social Security Number?

May 17, 2021

Divorce Utah

Child Support, Custody, Divorce, Protective Orders

divorce, Social Security Number, Utah code

Why do I have to give the court my Social Security Number in my divorce, child custody, paternity, protective order, or other family law or family law-related case? Here is why: § 30-3-10.17. Social security number in court records The…

2021 UT App 28 – Utah Ct. Appeals – In re C.Z.

March 15, 2021

Divorce Utah

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

2021 UT App 28 - The Utah Court of Appeals, 78A-6-105, 78A-6-312, 78A-6-507, DCFS, Dependency, Domestic Violence, safety plan, termination of parental rights, Utah code

2021 UT App 28 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.Z., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.Z., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20200227-CA Filed March 12, 2021 Third…

S.B. 122 just passed! So what? Joint equal physical custody.

March 6, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Court Orders, Custody, Custody Evaluation, Daycare, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Family Law, Fathers' Divorce Issues, Holiday Parent-time, Joint Physical Custody, Judges, Justice and Equity, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Preparing for Divorce, Uncategorized, Utah Code, Utah Law, Women's Divorce Issues

§ 30-3-35.2, §30-3-35.2. Equal parent-time schedule, 30-3-35.2, ability to assist, actively involved, after school care, assistance with homework, bath time, bedtime for the child, caring for the child, child's life, child's school, child’s best interest, demonstrated responsibility, distance, each parent, effectively facilitate, equal, equal custody, equal parent-time, equal parent-time schedule, extracurricular activities, factors, flexibility of employment, geographic distance, health of each parent, health of parent, health of the child, history and ability to implement a flexible schedule for the child, involvement in child care, joint custody, joint equal custody, meal preparation, parent's bond with the child, physical facilities of each parent's residence, presence, provide appropriate playtime, relevant, residence, s.b. 122, Subsection 30-3-10(6), Utah code, volunteer efforts

S.B. 122 (4th Substitute) passed by the Utah State Legislature March 5, 2021! Who should care and why? The elephant in the room is this: if there is no gender bias/sexual discrimination that is preventing fit, able, worthy fathers from…

Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies?

Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies? Are there laws that protect one parent from…

How does emancipation of a minor child work in Utah?

January 21, 2021

Divorce Utah

Child Custody, Uncategorized

16 years old, 16 years or older, capable of living independently, Chapter 6., child, emancipation, guardian, minor, parents, Title 78A, Utah code

How does emancipation of a minor child work in Utah? Utah law provides a way for a minor child (a child under the age of 18 who is not yet a legal adult) to acquire the rights of an adult and to…

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…

Tag: Utah code