Court Closures during COVID-19 | Divorce

With the outbreak of COVID-19 the Utah Courts at this point in time have shut down except for necessary hearings. Unfortunately, as that pertains to family law, divorce, and other civil matters these hearings have been postponed if currently a court date is in place. We have had a lot of clients that have had their hearing dates moved to a later date. This does not mean their cases have been dismissed, it means they Read More

Post Nuptial Agreement in Utah – Divorce

Post Nuptial Agreements in Utah can be interesting, but remember they are binding if they are done right. You should always meet with an attorney when drafting a post nuptial agreement or if you have been presented with one. Here is a small taste of some statements made by the Courts in Utah concerning Post Nuptial Agreement. "In Utah, prenuptial agreements are enforceable as long as there is no fraud, coercion or Read More

Social Security Disability and Depression

Our lawyers understand that when you apply for Social Security Disability when suffering from depression or bipolar disorder can be extremely confusing and stressful. We can help with the process and help prepare your case to be successful. Call today for a free consultation (801) 475-0123 When you have a review of your disabilities whether in a hearing or otherwise the administration is looking for these Read More

Relocation with Children in a Divorce

Should I leave with the Children? By Brian Arnold Esq. & Lauren Schultz Esq. Brian Arnold is a partner at Arnold Wadsworth & Coggins. Arnold Wadsworth & Coggins has offices in Salt Lake City and Ogden, Utah. Brian Arnold has recently co-authored a book on divorce that can be purchased on Amazon and through Barnes and Noble. Brian practices in all areas of domestic law and was a contributing editor Read More

New Domestic Automatic Injunction Effective November 1, 2019 URCP 109

The Utah Supreme Court has adopted a new effective date of November 1, 2019 for the following rule. The rule was formerly effective May 1, 2019. The November date will accommodate programming changes necessary to effectuate the rule's purposes. Utah Rules of Civil Procedure URCP109. Injunction in certain domestic relations cases. New. Provides that in certain domestic relations cases, an injunction will enter Read More

When Can the Office of Recovery Services (“ORS”) Collect Alimony?

This issue causes a lot of heartache because ORS does not uniformly implement its regulations.  Implementation often depends on the caseworker, which is very frustrating. Here is the regulatory rule governing the issue. (R527-34-2): Collect and enforce current and past-due spousal support (alimony) on all IV-A and Non-IV-A cases if the following criteria are met: A spousal support order has already been Read More

A Brief Introduction to Utah Deficiency Actions

When a lender forecloses on a mortgage and sells the property, it sometimes happens that the sale price does not cover the entire mortgaged amount. For example, you owe the bank $250,000 but the home only sells for $200,000 at auction. The $50,000 difference is called a deficiency. Utah is a state that allows lenders to launch a deficiency action against you for the outstanding amount, although they must do so Read More

What You Need to Know About the Utah Driver’s License Appeal Process Following a DUI Arrest

Millions of Americans rely on their driver’s license to legally drive to and from work, school, the grocery store, and other destinations. Losing it after a DUI arrest can be inconvenient at best, and life-changing at the worst. The DUI Arrest When you are stopped for a DUI in Utah, you will be facing both criminal charges and a driver’s license suspension. The police officer will confiscate your license and Read More

6 Illegal Bill Collection Tactics to Watch For

The phone is ringing again, but you don’t pick up because you’re pretty sure who it is: that collection agency that’s been chasing you for overdue credit card or loan payments. You offered to do a payment arrangement, but they wanted their money NOW and used abusive language when you demurred. Is there anything you can do to stop the harassment? Actually, yes. The Fair Debt Collection Practices Act (FDCPA) is a Read More

Understanding Utah’s Spousal Support Obligations

Spousal support, also known as alimony, consists of court-directed payments from one spouse to another after all marital property has been distributed to both spouses. During cooperative divorces, both parties may come to their own agreement regarding who pays how much. With litigated divorces, the court considers factors such as the requesting spouse’s need for support and the financial ability of the other spouse Read More