Custody Evaluation

A custody evaluation takes at least two to three months to complete, and each evaluator conducts his or her evaluations differently. All evaluators will make at least one visit to the home of each parent to evaluate the suitability of the living arrangements.  Most evaluators will have the parents make several appointments with the evaluator […]

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Child Custody and Parent Time

Custody of children and parent time (which used to be called visitation) is probably the most litigated issues in divorce cases. The Utah Legislature has divided custody into two parts: legal custody and physical custody.  Legal custody determines who has a voice in important decisions about the children, such as religious upbringing, elective medical procedures […]

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Introduction to Divorce in Utah

To a certain extent, we are sorry that you are reading this book.  If you are reading this book, it means that you, or maybe someone close to you, is seriously considering divorce.  Or maybe you are already divorced, and you are considering whether you need to go back to court to get something about […]

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What is an annulment?

An annulment is a declaration that your marriage is invalid because of some problem that existed at the time of your marriage.  Once the court enters an annulment decree, you are treated as though you were never married.  Only two types of marriage can be annulled: void marriages and voidable marriages. Void Marriages A marriage […]

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What grounds should I list for my divorce?

In Utah, you can choose from a number of grounds for the divorce.  The grounds are listed in Utah Code Ann §30-3-1, and they are: (a) impotency of the respondent at the time of marriage; (b) adultery committed by the respondent subsequent to marriage; (c) willful desertion of the petitioner by the respondent for more […]

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Common Law Marriage in Utah

When a man and a woman live together as man and wife, but never go through a marriage ceremony, it is not unusual when they break up for one of the parties to claim that there has been a common law marriage. Although Utah recognizes common law marriage, in Utah, the phrase “common-law marriage” is […]

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