Common Law Marriage 
Volk v. Vecchi, 2020 UT App 77
Utah Court of Appeals
Attorneys: David S. Pace; Karra J. Porter; Kristen C. Kiburtz
District Court: Third District – Honorable James D. Gardner
Summary: The parties were in a relationship between 1999 and 2015. The appellate court upholds the district court in finding that there was a common law marriage.
Alimony
Petrzelka v. Goodwin, 2020 UT App 34
Utah Court of Appeals
Attorneys: Ashley E. Bown; Tess A. Davis
District Court: Thomas Willmore (1st District)
Summary: The wife was 42 and the husband was 61 when they married. They lived in her house and kept their finances mostly separate during the marriage. The court was within its discretion to deny him alimony and to stop the division of her retirement account on the date of separation.
Gardner v. Gardner, 2019 UT 61
Supreme Court of Utah
Attorneys: Robert W. Hughes, Julie J. Nelson, Erin B. Hull, Jill L. Coil, Luke A. Shaw, Kyle O. Maynard, David W. Read
Summary: The marriage was 22 years. The court gave wife alimony based on a reasonable need, rather than her actual need based on the standard of living. It also only gave her 10 years of alimony instead of the length of marriage. Both decisions were based on an equitable result since it found that her alleged affairs substantially contributed to the demise of the marriage. Affirmed.
This case law update has a significant amount of information about many family law subjects such as custody, protective orders, alimony, and attorney fees.
This case law update includes information about protective order violations, accumulated interest on premarital property, and several termination issues. Enjoy!
The court has focused on the right to counsel in private termination cases and has also given helpful clarifications around protective orders and stalking injunctions. Enjoy!
Before I dive into my next case law summary blog, I’d like to take a step back and offer some basic advice for anyone going through a divorce or custody battle. Divorce is complicated and excruciatingly difficult, both emotionally and technically. I have done a lot of these, and there is one question that could really make things easier for so many people: “is there an easier way?” Parties to these cases could really help themselves if they started asking this question at every turn. They should ask it of themselves, of their lawyer, and of the opposing lawyer.
This case law update has a summary of all of the family law decisions from the Utah Supreme Court and the Utah Court of Appeals since the last update. There is a particularly helpful summary on proceeds from civil litigation, whether or not they are marital or separate property, and a helpful discussion about the UCCJEA. Enjoy!
The ACLU and the National Center for Transgender Equality have prepared a great report that helps transgender parents and practitioners understand the rights available to these families. Handling a case of this nature often raises difficult issues. These organizations have ample experience to advise on best practices for achieving positive results for the parents and children. Access the report here: https://www.aclu.org/sites/default/files/field_document/aclu-tg_parenting_guide.pdf
The case law update gives important information on relocation, custody, civil procedure, attorney fees, and retirement. Enjoy!
