Alimony Modification Is it possible to get a modification in your divorce of the amount of Alimony? Yes, it is possible and must be done through a petition to modify your divorce decree. There are a lot of reasons to try to modify your divorce decree as it applies to alimony. Some common reasons include; changed financial conditions, cohabitation, remarriage, and changed financial conditions of your ex-spouse that Read More
DUI in Utah: Actual Physical Control of a Car
DUI Lawyer in Salt Lake City, Utah If you have been charged with a DUI then one element that must be proven in Utah is that you had "actual physical control" of a vehicle. This fact can be fact intensive when it comes to a DUI in Utah. There is a case in Utah (Richfield City v. Walker) when it comes to DUI prosecution that seems to be explain the factors the court will look at when determining if the person is in Read More
Contempt of Court in a Divorce Action
When can a person be held in contempt in a divorce action. Whenever an individual willfully disobeys a court order there is a possibility they will be held in contempt. The court defines contempt in a divorce action in Utah as follows: "Contempt of court includes “disobedience of any lawful judgment, order or process of the court.” See Utah Code Ann. § 78B‐6‐301(5) (2008). “‘As a general rule, in order to prove Read More
Divorce Modification: Substantial Change in Circumstances
Post Divorce Legal Issues After a divorce is final it seems that both Parties no matter how closely they try to keep their lives the same end up having changes in their lives that can merit changes in their divorce decree. Under divorce law in Utah there needs to be a substantial change in circumstances in order to be able to petition the divorce court for a modification concerning your divorce decree. Usually the Read More
Watershed Truth in Lending Act (“TILA”) Case Handed Down by 10th Circuit in Sanders v. Mountain America et. al.
The 10th Circuit Court of Appeals struck a blow against the gradual erosion by United States District Courts regarding Truth in Lending Act ("TILA") rescission. The Opinion acknowledges many of the out right ridiculous and illogical decisions made by many U.S. courts that have been nothing more than pocket vetoes of the rescission process by activist judges unwilling to recognize the plain meaning of the TILA Read More
How to Pick a Divorce Lawyer in Utah
In this blog post, we list some items that have been mentioned by past clients that helped them pick us as their divorce law firm: Communication While our law is very busy representing clients we have had a lot of our divorce clients state that they appreciate our communication concerning their divorce case. Our family law clients get the email addresses of at least two divorce attorneys at our firm. This enables our Read More
Tom Cruise Divorce and Religion
I am sure that a lot people have been reading the news about Tom Cruise and his divorce from Katie Holmes. What has been interesting from a legal perspective is how fast it got done behind closed doors. It seems that Katie Holmes got everything she asked for. Some people seem to wonder how she was able to get so much done so quickly. From a divorce standpoint one thing that has stood out to me is the religion factor Read More
Guardianship and Conservatorship Lawyer in Utah
Filing for Conservatorship or Guardianship in Utah If you have a minor or parent that is reaching an age where they can no longer take care of themselves you may want to file for a guardianship and conservatorship in Utah. The lawyers at Arnold, Wadsworth & Coggins can help you through the process and through the court system in order to get the conservatorship approved, or the guardianship. A guardian is a Read More
