Utah law Archives - Divorce Utah

How do courts insist upon custody evaluations being conducted?

With rare exception in Utah (so rare that it might as well be non-existent), the way courts insist upon custody evaluations being conducted consists of: the court imposing one and only one child custody and parent-time schedule during the pendente…

Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?

October 18, 2021

Divorce Utah

Child Support, Child Support Enforcement, Court Orders, Divorce, Divorce Law, Family Law, Finances, Uncategorized, Utah Court Rules, Utah Law

banking, Child Support, divorce finance, divorce law, family law, funds, Utah law

In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have used this method of paying child support and accounting for…

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 is the success rate of having a court-appointed legal aid?

September 23, 2021

Divorce Utah

Court Rules, Custody, Divorce Court, Divorce Law, Divorce Lawyers, Family Law, Lawyers, Legal System, Utah Court Rules, Utah Law

court, divorce law, family law, law, law practice, legal aide, legal counsel, Utah law

I don’t know, and I doubt that statistics are kept on such a question. If there are such statistics, I do not know of them. Generally, the reputation appointed counsel has is being not as effective as paid counsel. But counsel is…

What is the best and fastest way to switch judges in a family court?

I will answer this question as it applies in my jurisdiction (Utah). First, no one has a right simply to choose your judge or choose to change the judge assigned to your case. One way to get a change of judge is…

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…

In re A.B. – 2021 UT App 91

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. K.T., Appellant, v.. S.T. AND T.T., Appellees. Opinion No. 20200342-CA Filed August 26, 2021 Third District Juvenile Court, Salt Lake Department The Honorable Julie V. Lund No. 1174795 Steve…

Why do I pay the child support knowing my kids are living in other countries?

Child support is for the financial support of your children, not a fee (or “ransom”) you pay to keep the children near you. Regardless of where your children live, they still require financial support. Simply living in another country or…

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 …

Do I have to publish name change in newspaper in Utah?

June 18, 2021

Divorce Utah

Name Change

name change, petition, publication, Utah law

No, Utah law governing name change does not require you to publish in the newspaper your new name or the fact that you have changed your name. What happens in Utah is that you prepare your petition for name change, file it…

In re Adoption of B.F.S – 2020 UT App 149 – venue for adoption vs. venue for petition for determination of rights

November 26, 2020

Divorce Utah

Adoption, Utah Court of Appeals Decisions, Utah Law

§ 78B-6-105, § 78B-6-109, § 78B-6-134, adoption agency, adoption proceedings petition for a determination of rights, benefits, child’s best interests, custody and control, order of temporary custody, protections, protections and benefits of Utah law, Utah Code § 78B-6-102(1), Utah law, Utah-based, venue

2020 UT App 149 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.F.S., A PERSON UNDER EIGHTEEN YEARS OF AGE. HEART TO HEART ADOPTIONS INC., Appellant. Opinion No. 20190933-CA Filed November 5, 2020 Third District Court,…

What is a motion to bifurcate a divorce in Utah? Why should I care to know?

August 17, 2020

Divorce Utah

Divorce Law, Divorce Preparedness

abandon, bifurcate, bifurcation, court, dissolution, dissolution of marriage, dissolve, divorce, ex-spouse, Rule 42, slow, spouse, Utah law

What is a motion to bifurcate a divorce in Utah, and why should I care to know? By Brian N. Godfrey, Legal Assistant A motion to bifurcate to dissolve your marriage means that the court declares your marriage ended, but…

Domestic Violence and Protective Orders: What do I Need to Know?

December 11, 2018

Divorce Utah

Abuse, Domestic Violence, Protective Orders

78B-7-106. Protective orders--Ex parte protective orders--Modification of orders--Service of process--Duties of the court., protective orders, Utah law

This blog post answers the following questions: Do I qualify to get a protective order? How do I obtain a protective order: against an abusive partner, spouse or ex-spouse? for a child? against someone I’m dating or dated in the…

Tag: Utah law