Law Blog

November 30, 2021
Not Following Rule 26.1 Initial Disclosure Rules may bar witnesses and evidence from trial.

Johansen v. Johansen, 2021 UT App 130 (November 26, 2021). In this termination of alimony case, (Ex) Husband sought to […]

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June 17, 2021
Alimony terminates upon remarriage unless decree specifically provides otherwise.

McQuarrie v. McQuarrie, Utah Supreme Court No. 20190902 (Filed June 17, 2021). Divorce decrees with an alimony provision terminate upon […]

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June 17, 2021
Gifts from one spouse to the other usually are marital property and not separate property.

Mahanthi v. Nakkina, UT Ct. App. No. 20190750-CA (Filed June 17, 2021). The trial court awarding Mother the jewelry Father […]

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June 17, 2021
Appeals court reverses order of joint custody of 43/57 percent to 50/50.

Mahanthi v. Nakkina, UT Ct. App. No. 20190750-CA (Filed June 17, 2021). Appeals Court reverses trial court order of 43% […]

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January 22, 2021
Special Master orders are effective as orders when made and a court may find contempt for disobeying them.

Thomas v. Thomas, 2021 UT App 8 (Filed January 22, 2021) Jeremy and Jody Tasker Thomas were divorced in 2013. […]

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January 22, 2021
Alienating behavior such as interference with parent time without the consent of the other parent for extracurricular activities, assisting children who do not want to go on visits, not obeying special master order, and other reasons, can lead to contempt.

Thomas v. Thomas, 2021 UT App 8 (Filed January 22, 2021) Jeremy and Jody Tasker Thomas were divorced in 2013. […]

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May 14, 2020
To Create a Common Law Marriage, the Couple May Consent by Agreement or by the Presence of Certain Circumstances: Assuming Marital Responsibilities.

Volk v. Vieccchi, 2020 UT App 77 (Filed May 14, 2020).  To establish a common law marriage, the parties must […]

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May 14, 2020
Common Law Marriage and the Uniform and General Reputation

Volk v. Vieccchi, 2020 UT App 77 (Filed May 14, 2020).  To establish a common law marriage, you need to […]

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April 16, 2020
Equalization of Income is perhaps better described as Equalization of Poverty

Issertell v. Issertell, 2020 UT App 62 (Filed April 16, 2020). ¶23 [Alimony recipient] argues that “equalization of poverty was […]

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April 16, 2020
Imputing Income and Considering Income of New Spouse in Alimony Modification Case.

Issertell v. Issertell, 2020 UT App 62 (Filed April 16, 2020). In setting alimony, “[t]he court may consider the subsequent […]

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