Utah Dissolution of Marriage Law
 

United States of America v. Radimiro Jimenez-Jimenez

Salt Lake City, Utah criminal defense lawyer represented the Defendant charged with illegal reentry after removal.

8 U.S.C. 1325, also known as the "Improper Entry by Alien" law, makes it a crime for an alien to enter or attempt to enter the United States at a time or place not designated by immigration officers. It also covers eluding inspection by immigration officials or entering using... More...
   $0 (07-31-2025 - UT)

In the Matter of the Adoption of K.R.S., a person under 18 years of age


Manti, Utah family law lawyers represented the parties in a parental rights termination and adoption action.



Father is the biological father of K.R.S. (Child), who was born in January 2019. For a time, Father cohabited with Child's mother, M.L. (Mother), but they never married; in October 2019, Mother married G.L. (Stepfather). Child has resided with Mother since birth,... More...
   $0 (11-15-2024 - UT)

Julie Kinsey v. Glenn D. Kinsey


Salt Lake City, Utah divorce lawyers represented the parties in a marriage dissolution.




¶2 Julie and Glen were married in 1994 and divorced in January 2021. In the divorce decree, Glen was ordered to pay Julie alimony for twenty-six years, which was the length of the marriage.

¶3 In January 2022, Glen filed a petition to modify the decree. In his... More...
   $0 (08-22-2024 - UT)

STATE OF UTAH v. ALAVINA FUNGAIHEA FLORREICH

From 1998 to 2009, Alavina Florreich was the nanny for
Alex and his siblings. Florreich is a Tongan immigrant, and Alex
and his siblings were the homeschooled children of a Jewish
rabbi.
¶3 When Alex was eight years old, Florreich was watching a
movie with Alex and his younger siblings one day when Alex
began giving her a shoulder massage. While doing so, Alex
s... More...
   $0 (01-24-2024 - UT)

State of Utah v. Samuel Warren Shaffer

Sanpete and Iron County Utah

Cedar City and Manti, UT - Cult Leader Sentence On Child Abuse Charges

The State of Utah charged Samuel Warren Shaffer, age 35, with leader of the Knights of the Crystal Blade and John Coltharp, age 34, were found guilty of child abuse. Shaffer married Colthap's 7-year-old daughter.

Shaffer claimed that child marriage was a correct principle of God. He also claimed that he belie... More...
   $0 (07-01-2018 - UT)

Osguthorpe v. ASC et al,

The Osguthorpes have asserted that ASC stands in breach of contract. Their claims arise out of ASCs management of the land in question. In challenging ASCs actions, the Osguthorpes asserted claims for breach of the covenant of good faith and fair dealing, for injunctive relief, and for equitable rescission or reformation of the agreement between ASC and the Osguthorpes. The first claim was resol... More...    $0 (10-14-2015 - UT)

J.L.C. v. K.A.A.

¶ 1 J.L.C. appeals the district court’s order dismissing for lack of standing his petition to establish paternity. We conclude that R.P. v. K.S.W., 2014 UT App 38, 320 P.3d 1084, a case issued after the parties’ principal briefs were filed in the present appeal, resolves all material issues against J.L.C. We accordingly affirm the judgment of the district court.
¶ 2 The facts of the pres... More...
   $0 (10-17-2014 - UT)

DePatco, Inc. v. Tetn View Golf Estates, LLC and Idaho Development, LLC

¶1 Teton View Golf Estates, LLC, and Idaho Development,
LLC, appeal the trial court’s declaratory judgment that, under Utah
law, Teton View must pay non-member creditors in full before
paying member creditors as it winds up its business and settles its
obligations. We affirm.
1. The Honorable Russell W. Bench, Senior Judge, sat by special
assignment as authorized by law.... More...
   $0 (11-14-2014 - UT)

Tamara Christian v. Brian Daniel Christian

¶ 1 Brian Daniel Christian (Husband) and Tamara Christian (Wife) divorced in 2013. Wife appeals, asserting five claims of error in distributing the marital estate. We affirm in part and reverse in part.
¶ 2 First, Wife contends that the district court ‚abused its discretion by failing to follow the statutor[ily] required analysis to impute income.‛ Because this issue requires statutory i... More...
   $0 (12-04-2014 - UT)

Ralph Leroy Menzies v. State of Utah

¶1 Nearly twenty-six years ago, a jury convicted Ralph Leroy Menzies of the first degree murder of Maurine Hunsaker. At sentencing, Judge Raymond Uno imposed the death penalty. Since then, we have issued three opinions in Mr. Menzies‘s case:
MENZIES v. STATE
Opinion of the Court
2
two from direct appeals1 and one from a post-conviction appeal.2 In Mr. Menzies‘s first post-conv... More...
   $0 (09-23-2010 - UT)

William E. Bolden v. John and Jane Doe

¶1 William Bolden is the putative father of a child (J.S.) born in 2011. The case before us on appeal is an adoption proceeding involving John and Jane Doe, the would-be adoptive parents of J.S. Bolden tried to intervene in and object to the Does‘ adoption of J.S. He was barred from doing so because he failed to preserve his legal rights as a father by filing a paternity affidavit within the ti... More...    $0 (11-04-2014 - UT)

Janetta J. Gardiner v. Nedra V. Taufer

¶ 1 This case involves a challenge by relatives of Mr. Kenneth Vanderwerff to an action for a posthumous declaration of unsolemnized marriage brought by Mr. Vanderwerff’s romantic partner and personal representative of his estate—Ms. Janetta Gardiner. We are asked to determine when and how service of process is to be made in the unusual circumstance where a petitioner seeks a declaration of m... More...    $0 (12-09-2014 - UT)

Dayle Chelane Hansen v. Thaine S. Hansen

¶1 Thaine S. Hansen (Husband) appeals the trial court’s ruling
on his petition to modify his divorce decree, which ordered him to
pay Dayle Chelane Hansen (Wife) alimony in the amount of $872
per month. We remand for clarification of the trial court’s order
with respect to the retroactivity of the alimony award, but in all
other respects, we affirm the trial court’s judg... More...
   $0 (04-24-2014 - UT)

R.P. v. K.S.W.

¶1 R.P., an alleged biological father, appeals from the district
court’s dismissal of his petition to establish paternity under the
R.P. v. K.S.W. and D.R.W.
2. Unless otherwise specifically noted, all citations to the Utah Code
are to the 2012 edition of the Utah Code Annotated.
20120559-CA 2 2014 UT App 38
Utah Uniform Parentage Act (the UUPA). See Utah Code Ann.
... More...
   $0 (02-21-2014 - UT)

State of Utah v. Brian Allen Fouse

¶1 Defendant Brian Fouse appeals his convictions on one count
of stalking, a third degree felony, see Utah Code Ann. § 76-5-106.5
(LexisNexis 2012); three counts of felony violation of a protective
order, see id. §§ 76-5-108, 77-36-1.1; and three counts of class A
State v. Fouse
2. Because the provisions in effect at the relevant times do not differ
materially from the ... More...
   $0 (01-30-2014 - UT)

Colter Thomas Allen v. Lacee C. Allen

¶1 Colter Thomas Allen (Husband) and Lacee C. Allen (Wife) were married on June 13, 2009, and are the parents of a young daughter (Daughter). Husband filed for divorce in 2010, and after a bench trial, the trial court awarded Husband physical custody of Daughter, refused Wife’s request for alimony and attorney fees, and awarded both the marital home and the marital debt to Husband. Wife appeals... More...    $0 (01-30-2014 - UT)

Elaine J. Kidd v. Clark Bruce Kidd

¶1 Clark Bruce Kidd (Husband) appeals from several orders of the trial court related to the dissolution of his marriage to Elaine J. Kidd (Wife). We affirm.
Kidd v. Kidd
20120460-CA 2 2014 UT App 26
BACKGROUND1
¶2 Husband and Wife married on March 13, 1980, and divorced on March 9, 2012, after thirty-two years of marriage. Although the parties were able to agree on most of the te... More...
   $0 (01-30-2014 - UT)

State of Utah v. Jack David Moyer

¶1 Jack David Moyer was convicted of ten counts of sexual
exploitation of a minor, a second degree felony, based on his
possession of child pornography. See Utah Code Ann. § 76-5a-3
(LexisNexis 2008) (current version at Utah Code Ann. § 76-5b-201
(LexisNexis 2012)). Moyer appeals his convictions, alleging
prosecutorial misconduct and juror bias. We affirm.
State v. Moyer... More...
   $0 (01-09-2014 - UT)

State of Utah v. Troy Dean Labrum

¶1 Troy Dean Labrum appeals from a conviction for assault,
enhanced to a class A misdemeanor for causing substantial bodily
injury. See Utah Code Ann. § 76-5-102(1), (3)(a) (LexisNexis 2012).
Labrum challenges the admission of evidence at trial relating to
prior alleged assaults. He also argues that the evidence of substantial
bodily injury was insufficient to support his con... More...
   $0 (01-09-2014 - UT)

Robert Keith Levin v. Hope M. Carlton-Levin

¶1 Hope M. Carlton-Levin (Wife) appeals a trial court order
reducing, and eventually terminating, her alimony based on a
finding of cohabitation. We affirm.
Levin v. Carlton-Levin
2. Wife challenged the amount of alimony and other aspects of the
divorce decree in a prior appeal. See Levin v. Carlton, 2009 UT App
170, 213 P.3d 884. We affirmed and awarded Husband attorney f... More...
   $0 (01-09-2014 - UT)

Jim Nebeker v. Summit County

¶1 Summit County (the County) appeals the entry of judgment in favor of Jim Nebeker on Nebeker’s negligence claim. Nebeker cross-appeals, contending that the court improperly imposed a statutory cap to reduce the judgment from $594,400.21 to $221,400. We affirm.
BACKGROUND
¶2 John Rhineer was Nebeker’s accountant prior to Rhineer’s death on November 14, 2003. Later that year, Wells... More...
   $0 (06-12-2014 - UT)

Mark Lawrence Johnson v. Elizabeth Johnson nka Elizabeth Zoric

¶ 1 On certiorari, we consider whether our court of appeals erred when it held that an action to enforce the ongoing right to collect a portion of pension retirement benefits was not barred by the statute of limitations. We also consider whether the court of appeals erred when it determined that the petitioner‘s argument concerning laches was inadequately briefed according to the standards set ... More...    $0 (06-20-2014 - UT)

Elaine J. Kidd v. Clark Bruce Kidd

¶1 Clark Bruce Kidd (Husband) appeals from several orders of the trial court related to the dissolution of his marriage to Elaine J. Kidd (Wife). We affirm.

Kidd v. Kidd

20120460-CA 2 2014 UT App 26

BACKGROUND1

¶2 Husband and Wife married on March 13, 1980, and divorced on March 9, 2012, after thirty-two years of marriage. Although the parties were able to agree on mo... More...
   $0 (01-30-2014 - UT)

Colter Thomas Allen v. Lacee C. Allen

¶1 Colter Thomas Allen (Husband) and Lacee C. Allen (Wife) were married on June 13, 2009, and are the parents of a young daughter (Daughter). Husband filed for divorce in 2010, and after a bench trial, the trial court awarded Husband physical custody of Daughter, refused Wife’s request for alimony and attorney fees, and awarded both the marital home and the marital debt to Husband. Wife appeals... More...    $0 (01-20-2014 - UT)

Robert Keith Levin v. Hope M. Carlton-Levin

¶1 Hope M. Carlton-Levin (Wife) appeals a trial court order reducing, and eventually terminating, her alimony based on a finding of cohabitation. We affirm.

Levin v. Carlton-Levin

2. Wife challenged the amount of alimony and other aspects of the divorce decree in a prior appeal. See Levin v. Carlton, 2009 UT App 170, 213 P.3d 884. We affirmed and awarded Husband attorney fees incurr... More...
   $0 (01-16-2014 - UT)

James N. Cantrell v. Ellen Cantrell

¶1 Ellen Cantrell (Wife) appeals from the district court’s order granting James N. Cantrell’s (Husband) petition to modify a decree of divorce. We reverse and remand.

BACKGROUND

¶2 In late 2007, after a marriage of just over twenty-two years, the parties entered into a Collaborative Law Participation Agreement in which they agreed to pursue a divorce settlement without judicial... More...
   $0 (12-19-2013 - UT)

Derek Kitchen v. Gary R. Herbert

The Plaintiffs in this lawsuit are three gay and lesbian couples who wish to marry, but are currently unable to do so because the Utah Constitution prohibits same-sex marriage. The Plaintiffs argue that this prohibition infringes their rights to due process and equal protection under the Fourteenth Amendment of the United States Constitution. The State of Utah defends its laws and maintains that a... More...    $0 (12-20-2013 - UT)

Kody Brown, et al. v. Gary R. Hebert, et al.

Kody Brown, Christine Brown, Janelle Brown, Meri Browan and Robyn Sullivan sued Gary Hebert, Jeffrey R. Buhman and Mark Shurtleff on civil rights violation theories under 42 U.S.C. 1983 seeking to prevent them from enforcing Utah's prohibition against co-habitation. The Browns are a polgyamous family that were the subject of TLC's reality series "Sister Wives". They claimed that the phrase "or coh... More...    $0 (12-15-2013 - UT)

Christine Woolums v. Jason Douglas Wollums

¶1 Jason Douglas Woolums (Husband) appeals the district court’s order awarding alimony of $579 per month to Christine Woolums (Wife) for a period of time equal to the duration of the parties’ marriage. We affirm.

1. Judge William A. Thorne Jr. participated in and voted on this case as a regular member of the Utah Court of Appeals. He retired from the court before this decision issued.<... More...
   $0 (09-26-2013 - UT)

Dennis Michael Goggin v. Tammy Rae Goggin

¶1 This case arises out of prolonged and complicated divorce proceedings. Dennis Goggin (Dennis) and Tamara Goggin (Tammy) separated in 2005, ending a marriage that had lasted approximately ten years. The couple has spent nearly the same number of years litigating their divorce. Throughout the process, Dennis has engaged in a variety of contemptuous and obstructionist acts and has repeatedly viol... More...    $0 (03-15-2013 - UT)

United States of America v. Robert Tingey, as Trustee for the D.E. Brown Family Trust

The district court permitted the government to foreclose on federal tax liens on a ski cabin (the Ski Cabin) titled in the name of the D.E. Brown Family Trust (Family Trust), whose beneficiaries were Douglas Brown’s wife and children.

The taxes were owed by Douglas Brown (Brown) and his wife (together, the Browns), not the trust, but the court found that the Browns were the beneficial own... More...
   $0 (05-29-2013 - UT)

State of Utah v. Anthony Watkins

¶1 Anthony Watkins was convicted of aggravated sexual abuse of a child, H.C. His conviction was based on the holding that he occupied a “position of special trust in relation to the victim” under Utah Code section 76-5-404.1(4)(h). Because Mr. Watkins was temporarily staying in the spare bedroom of H.C.’s father’s house, the district court and the court of appeals both held that he was an... More...    $0 (05-10-2013 - UT)

Phillip Cloud v. Washington City

¶1 This matter is before the court on interlocutory appeal from the district court’s grant of a rule 56(f) motion filed by members of the Cloud family and their companies (collectively, the Clouds) and the district court’s denial of a motion for summary judgment filed by Washington City and three of its employees (collectively, Washington City or the City). We reverse and remand.

BACKG... More...
   $0 (12-13-2012 - UT)

Tamara Turner Dobson v. David C. Dobson

¶1 Tamara Turner Dobson (Wife) appeals the trial court’s Decree of Divorce and Findings of Fact and Conclusions of Law, which awarded Wife physical and legal custody of the parties’ two minor children and alimony for twenty years and two months. On appeal, Wife argues that the trial court abused its discretion in awarding the sum of $800 per month in alimony. We affirm in part, and reverse an... More...    $0 (12-28-2012 - UT)

Noel C. Gardner v. Mary E. Gardner

¶1 Petitioner Noel C. Gardner (Husband) appeals the district court’s denial of his petition to modify his divorce decree as well as its decision not to hold Respondent Mary E. Gardner (Wife) in contempt for violating a hold harmless provision within the divorce decree. We reverse and remand.

BACKGROUND

¶2 Husband and Wife married in 1984. Husband filed for divorce in 1991, and th... More...
   $0 (12-28-2012 - UT)

Fundamentalist Church of Jesus Christ of Latter-Day Saints v. Thomas C. Horne

The defendants have filed interlocutory appeals from an order of the district court granting a preliminary injunction in favor of plaintiff, an association of individual members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints and beneficiaries of a charitable religious trust (“FLDS Association”). After granting the defendants’ motion for an emergency stay pending resolution... More...    $0 (11-06-2012 - UT)

Rhonda H. Malloy v. Mary Beth Malloy

¶1 Rhonda H. Malloy (Plaintiff) appeals from the district court’s Order Granting Summary Judgment, which dismissed Plaintiff’s claim to the proceeds from a life insurance policy insuring her deceased husband, Dan Malloy (Husband). We affirm the district court’s order.

¶2 Husband married appellee Mary Beth Malloy (Defendant) in July 1989.1 In August 1989, Husband purchased a $50,00... More...
   $0 (10-18-2012 - UT)

Randal Roy Mallory v. Brigham Young University

¶1 Randal Roy Mallory appeals from the trial court’s order dismissing his First Amended Complaint (the Complaint) for lack of subject matter jurisdiction due to Mallory’s failure to file a notice of claim under the Governmental Immunity Act of Utah (the GIAU).

BACKGROUND3

¶2 On April 12, 2008, after a football game, Mallory was waiting on his motorcycle to enter a public street... More...
   $0 (09-10-2012 - UT)

Christina Allen v. James N. Ciokewicz

¶1 James N. Ciokewicz (Husband) appeals from the Decree of Divorce entered by the trial court, arguing that the court erred in striking his answer and entering a default judgment in favor of Christina Allen (Wife). Husband further asserts that he did not receive constitutionally adequate notice of the property division hearing. In addition, Husband claims that the trial court erred by failing to ... More...    $0 (06-01-2012 - UT)

Mark Lawrence Johnson v. Elizabeth Ann Johnson

¶1 This appeal involves the allocation of the military retirement benefit of an employee spouse pursuant to a 1984 divorce decree. Mark Lawrence Johnson, a retiree from the United States Air Force, seeks review of the amount of his military retirement the trial court awarded to his ex‐wife, Elizabeth Ann Zoric. We affirm in part, reverse in part, and remand for further proceedings.

BACKG... More...
   $0 (01-26-2012 - UT)

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