If I’m Retired, Am I More Likely to Receive Alimony?
As you might have read about in some of our previous blogs, alimony – also known as spousal support – is sometimes awarded to a party in a divorce proceeding. An alimony award may be impacted by the court’s consideration of whether to “impute” income to the spouse seeking alimony. Imputing income is when a…
Read MoreCan a Parent Lose their Parental Rights Based on a Procedural Deficiency in their Response to a Petition for Adoption?
Under Utah law, parents have a fundamental right to parent their children. The Utah Termination of Parental Rights Act states: “Under both the United States Constitution and the constitution of this state, a parent possesses a fundamental liberty interest in the care, custody, and management of the parent’s child.” Utah Code Ann. §78A-6-503(1). Typically, a…
Read More“No-pets” Clauses in Utah: Can I Evict my Tenant when his Emotional Support Animal Violates our Lease Agreement?
Over 62% of households in the United States include a pet. Pets have been shown to have a calming influence on people, decrease blood pressure, and even lower cholesterol. Alan M. Beck & Aaron H. Katcher, Between Pets and People: The Importance of Animal Companionship 7 (Purdue U. Press 1996). In recent decades, the concept…
Read MoreElectronic Signatures and Electronic Transactions in Utah: Can They Always Replace a Paper and Pen?
Do Utah laws always allow you to use an electronic signature instead of physically signing a piece of paper? How about electronic transactions – will those suffice in lieu of physical documents and physical deliveries (such as mail or hand-delivery)? The answer, in summary, is: often, but not always. The Utah Code contains a set…
Read MoreExpert Witnesses in Utah Courts
While most Utah lawsuits get resolved through settlement, some go to trial; and of the lawsuits that go to trial, some will involve “expert witnesses.” An expert witness is someone considered to be an expert in a particular trade, practice, or field of study, and is hired to testify in a trial solely regarding topics…
Read MoreHow Much Parent-Time Will I Be Awarded If My Ex-Spouse Receives “Sole Custody?”
When joint physical custody (i.e., when a child spends more than 30% of overnights with each parent), is considered but not determined to be a viable option in a divorce or parentage case, a Utah Court may award “sole physical custody” to a primary custodial parent (i.e., the child spends less than 30% of the…
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