Dedicated to providing an open discussion forum for learning and improving the practice of family law in the state of Utah.
Forum Post Login
Current Print Issue
PRACTICE POINTERS, by Commissioner Catherine Conklin and Commissioner Daniel W. Garner
There appears to be a perception that practicing law north of Salt Lake is akin to the Wild West: attorneys wear cowboy boots to court, outsiders are mistrusted, and the first person to draw usually wins. While the first is certainly true (we’ve seen jeans, too, on occasion), domestic cases in the hinterlands are [...]
read more...CHECKLIST: UTAH RULE OF CIVIL PROCEDURE 65(A)
1. Notice ? Notice given to adverse party; OR ? Specific facts show immediate and irreparable harm will occur before adverse party can be heard in opposition; AND ? Applicant certifies in writing the efforts to notify adverse party, if any, and the reasons notice should not be required; 2. Grounds ? Applicant sets forth [...]
read more...UTAH RULE OF CIVIL PROCEDURE 26: FOR FAMILY LAWYERS, by Stewart P. Ralphs and Stacey Schmidt
It has become an ever increasing problem identified by many practitioners and the bench, that much of the discovery process is lengthy and costly in the litigation of any case. As such, a committee, the Utah Supreme Court Advisory Committee (USCAC) on the Rules of Procedure, was created to address these issues and reform [...]
read more...COHABITATION: AN EASY OUT?, by Lisa A. Jones
While unmarried couples openly spending overnights together is less frowned upon in Utah today than in the past, there continue to be legal ramifications if one partner is receiving alimony. Utah statute and case law sets forth elements for terminating alimony based upon cohabitation. Even so, family law practitioners have recently queried whether it [...]
read more...ALIMONY: A SURVEY OF FORMULAS, by Tiffany Brown
Alimony…ugh! That’s what many practitioners want to utter when faced with advising clients about alimony awards. The purpose of alimony is to prevent any unfair economic consequences such as preventing a spouse from becoming a public charge as a result of a divorce.[1] Courts or legislatures set few specific guidelines to accomplish this broad [...]
read more...A JUSTIFICATION OF ALIMONY IN THE PUBLIC INTEREST, by Lynn D. Wardle
Introduction: Identifying public interests to clarify the confused state of alimony theory The traditional labor division between husband and wife, with the husband as a full-time wage-earner and the wife as a full-time homemaker, no longer characterizes most marriages in the United States (or in many other developed nations around the world). In recent decades [...]
read more...REFLECTIONS ON 50 YEARS OF DOMESTIC PRACTICE IN UTAH, by Bert Dart
I graduated from law school in 1961, and this coming year will have been practicing 50 years. The Bar When I started practice there were 1,100 attorneys in the State of Utah, compared to nearly 8,000 today. Most of the lawyers in Salt Lake were in fairly small offices. Most of the lawyers [...]
read more...LAW AND COMMOTION: A HUMOROUS LOOK AT LIFE IN THE LAND OF THE YELLOW FILES, by Commissioner David S. Dillon and Commissioner Michael S. Evans
Every one of us has done it. In our busy practices, in our haste to get that minute entry entered, in our desire to finally rule on that matter we took under advisement two months ago, in our frantic push to file our documents under Rule 101, or to satisfy that client who seems [...]
read more...REPORTED CASE REVIEW, by Jared T. Hales*
CUSTODY MODIFICATION: Although the district court must determine that a material and substantial change in circumstances has occurred prior to its determination of the best interest of the child, the two issues do not need to be presented separately. In Doyle v. Doyle, 2009 UT App 306, 221 P.3d 888, Father appealed the district [...]
read more...Issue Forum
Join the discussion here on the UJFL Forum; Utah’s premier family law blog.
CASE LAW UPDATE
By, MARCA TANNER * Avery v. Avery, 2011 UT App 300 Husband appealed from the trial court’s denial of his motion for a new trial in his divorce case. The appellate court brought its own motion for summary disposition, based on the fact that no final order had been entered in the parties’ divorce case. [...]
read more...LEGISLATIVE UPDATE
By, COMMISSIONER CATHERINE S. CONKLIN* INTRODUCTION Another exciting legislative session has passed, and when the dust settled I was delighted to see that no domestic legislation of any significance was passed. From the bills proposed, it seems apparent that a major overhaul of alimony is in the works, but for now the issue remains on [...]
read more...Forum Archives
Appeals
- 0 Posted Articles
Protective Orders
- 0 Posted Articles
Retirment Plans and Benefits
- 1 Posted Articles
Paternity Actions
- 0 Posted Articles
Tax Implications in a Divorce
- 2 Posted Articles
Child Support
- 2 Posted Articles
Spousal Support
- 2 Posted Articles
Property Divison
- 3 Posted Articles
Custody
- 4 Posted Articles
Collaborative Law
- 0 Posted Articles
Premartial Agreements
- 0 Posted Articles
Postnuptial Agreements
- 0 Posted Articles
Mediation
- 1 Posted Articles
Litigation
- 5 Posted Articles
Parent-Time
- 4 Posted Articles
Child Custody
- 6 Posted Articles
Website, logo, and graphics by:
