Our law firm has represented hundreds if not thousands of clients in divorce and related family law matters. During the past several years there is one question I routinely ask clients once their divorce decree is signed and their case closed. That question is simply this, “if you could go back to when you were just starting the divorce process,…
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Divorce and Family Law
The Basics of Contempt In Family Law Proceedings
If your spouse is refusing to follow any of the terms of a court order, whether that be a divorce decree, custody order, temporary order, or otherwise, he or she could potentially be held in contempt of court. Your ex may be held in contempt if a judge finds they consistently refused to follow court orders. In order to find…
Determining Alimony: Imputing Income to an Underemployed Spouse
The Utah Court of Appeals recently reversed and remanded a trial court’s divorce decree which imputed income to the husband for purposes of determining alimony. In Rayner v. Rayner, 2013 UT App 269, the husband had been unemployed for approximately two years at the time his wife filed for divorce. Although he had been unemployed, the trial judge imputed an income…
Pretrial Order Form for Divorce Cases in the Provo District Court
In every divorce case brought in the Fourth District Court – Provo, the court requires that the parties file a pretrial order which sets forth what issues remain in the case to be tried by the judge and generally what the status of the case is at the time the order is filed. The court has a form order that…
When to Hire a Utah Divorce Lawyer
The question of when it makes sense to hire a Utah Divorce Lawyer is best answered after understanding your personal set of circumstances. In helping you make this decision, you should consider contacting a family law attorney in Salt Lake City as soon as possible to discuss what your goals are in the divorce. Some people hire divorce attorneys very…
Challenging a Supported Finding by DCFS of Abuse or Neglect in Utah
Authority of the Department of Child and Family Services DCFS has the authority to address specific categories of conduct against minors, including abuse and neglect. Utah Code 62A-4a-103. and 62A-4a-105(1)(f). DCFS also has the authority to investigate reports of abuse or neglect to determine whether they are “supported, unsupported, or without merit.” Utah Code 62A-4a-409(3). DCFS acts on this authority…
Motion Practice in Utah Family Law Cases
Family law cases in Utah are considered civil litigation, but they operate a little differently when it comes to filing motions. What is a Motion? A motion is a request for relief made to the court. Motions are generally written briefs that are filed with the court. The party filing the motion is called the “moving party.” The non-moving party…
Class for Utah Kids Whose Parents Are Divorcing or Divorced
The Third District Court in Salt Lake City provides a free divorce education class for children ages 9 to 12 years old whose parents are going through a divorce or are already divorced. The class is given at the Matheson Courthouse downtown and is taught by a licensed mental health professional. The program is planned to expand to the Second…
Custody Evaluations and the Custody Evaluation Conference
In Utah divorce cases that involve hotly disputed custody issues, the court often orders the party to undergo a custody evaluation with a qualified individual who has specialized training in determining the best interests of a child. The Custody Evaluation When parties are ordered to do a custody evaluation they are also ordered to cooperate with the evaluator so that…
Woman Pays Her Divorce Settlement in Pennies
You can probably imagine that her marriage was not the happiest. A Nebraska woman decided to pay her ex husband $50 in pennies after a judge ordered her to pay a total divorce settlement of $50. She also mixed the pennies with rice and beans and put them in tupperware type containers. Although entertaining and kind of funny, it probably…