Kelly Clarkson’s divorce to Brandon Blackstock was once again in the gossip columns this week - and it continues to be a classic case study in divorce real estate. First, the facts: A judge in L.A. upheld the terms of Clarkson’s and Blackstock’s prenup and awarded Clarkson the $10.4M Montana ranch, which she purchased in 2019 (she is the sole title holder). However, Clarkson is living in L.A., Blackstock is Read More
Child Support and Pregnancy Expense Arrears and Statute of Limitations
A mother can seek recovery of past child support arrears four years before commencement of the paternity action by the birth father. The mother can also seek reimbursement for all pregnancy related expenses. Utah Code Annotated 78B-15-109. Limitation on recovery from the obligor. The obligor's liabilities for past support are limited to the period of four years preceding the commencement of an action. Utah Read More
Wills v Wills 853 SE 2d 536 – Postnuptial Agreements
This case is about postnuptial agreements and its enforceability. In Utah postnuptial agreements can be done and enforced. For a free consultation please call 801-475-0123 and sit down with one of our experienced attorneys in our Salt Lake City or Ogden office. This post in no way creates an attorney/client relationship or is legal advice. This is posted for educational purposes only. 72 Va.App. 743 Court of Read More
State of Utah v. Malloy – Felony DUI Defense in Utah
DUI defense attorney Brian E Arnold offers a free consultation if you are facing any criminal charges including Felony DUI. Call today (801) 475-0123. This case provided below is for education and informational purposes. This post in no way is legal advice or creates an attorney/client relationship. IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Appellee, v. ROBERT DENNIS MALLOY, Appellant. Heard Read More
Miller v. Miller – Divorce Dismissal under 12(b)(6)
THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, v. BRENDA MILLER, Appellee. Opinion No. 20190748-CA Filed December 24, 2020 Second District Court, Farmington Department The Honorable Michael Edwards No. 134701192 Jonathan Hibshman, Marco Brown, and Rodney R. Parker, Attorneys for Appellant Dustin D. Gibb, Attorney for Appellee JUDGE KATE APPLEBY authored this Opinion, in which JUDGES JILL Read More
Harper v. Harper – Substantial Change in Circumstances to Modify Custody
This case is provided for learning purposes only. If you need a consult please call the office at 801-475-0123. Brian Arnold offers a free consultation involving family law and divorce cases. THE UTAH COURT OF APPEALS KELLEY HARPER, Appellee, v. DAMON M. HARPER, Appellant. Opinion No. 20190351-CA Filed January 14, 2021 Fourth District Court, Provo Department The Honorable James R. Taylor No. Read More
Motion to Set Aside in Divorce – Utah Family Law Attorney
Attorney Brian Arnold offers a free consultation involving divorce, custody, and parent time. Call today to set up your consultation. A case decided on June 25, 2020 in Utah deals with the issue of setting aside a default judgment in a case that involves custody of a minor child. Please see the details below. Young v. Hagel 2020 UT App 100 Background: In a child custody proceeding in which father registered Read More
Utah Divorce Automatic Restraining Order – Rule 109. Injunction in certain domestic relations cases.
The Utah Supreme Court approved a new automatic injunction to prohibit and require certain actions within the context of a divorce proceeding. This Rule (Utah Rule Civil Procedure 109) is now effective and triggers against the petitioner (party who files the case) upon filing of the divorce action. The injunction triggers against the respondent when the respondent is served with the signed order pursuant to Rule Read More
Military Protections in Divorce
There are two sources of protection for our military personnel. One source is the United States Code (Service Members Civil Relief Act) found in 50 USC §§ 3901 - 4043. The other is the Utah Service Members’ Civil Relief Act found in Utah Code Annotated §§ 39-7-101 to 119, which applies only to National Guard when mobilized by the Governor. Typical protections offered by either one or both of the preceding Read More
Utah Code Ann 30-3-10.1
At Arnold Wadsworth & Coggins we care about your case and the possible outcomes. Below is Utah Code 30-3-10.1 that goes over definitions of Joint Legal and Joint Physical custody. As divorce lawyers in Utah we offer a free consultation to go over your rights and possibilities in your case. Call or email today 801-475-0123 effective 7/1/2017 30-3-10.1 Definitions -- Joint legal custody -- Joint physical Read More