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

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

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

Utah Code 30-3-3 Change starting July 7 2020

Utah Code 30-3-3 has changed and the effects of it start on July 7, 2020. Make sure you have a free consultation with Brian Arnold of Arnold Wadsworth & Coggins if you are facing divorce or a custody situation in Utah. This statute deals with temporary child support and alimony. It also deals with division of property. A key here is that it explains that a court has the ability to award attorney fees, witness Read More

Divorce and Non-disparagement Agreements

If you are divorce or about to be divorce you understand how important but also how difficult it is to control your ex-spouse from disparaging you to third parties. A recent case in Massachusetts dealt with this issue and we have included it below for your reading pleasure. In essence what this case finds is that any prior restraint on the speech of a parent violates constitutional rights of free speech. In order to Read More

Utah Code 30-3-35 Minimum Parent Time in Divorce or Paternity

Arnold Wadsworth & Coggins offers a free consultation. Call or email to schedule today.  Effective 5/12/2020 30-3-35 Minimum schedule for parent-time for children 5 to 18 years old. (1) The parent-time schedule in this section applies to children 5 to 18 years old. (2) If the parties do not agree to a parent-time schedule, the following schedule shall be considered the minimum parent-time to which the Read More

Adjustment of Alimony in Utah Divorce

Alimony can be adjusted in Utah This information below is for informational purposes only. Attorney Brian Arnold offers a free consultation. Please call 801-475-0123 or email Brian at arnold@arnoldwadsworth.com. Alimony Adjustment If there is already a decree of divorce signed by a district court judge that orders alimony it can be adjusted once a substantial change in circumstances has occurred that could affect Read More