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Some dads say their custody time is not respected after divorce

For many parents, one of the most difficult parts of divorce is not getting to live with their children any more. Many divorce cases involving children end with one parent getting physical child custody most of the time, with some time reserved for vistiation time with the other parent.

That vistiation time is legally protected and interference with that child custody right is a crime in Utah. But some fathers say that the mothers of their children routinely keep their kids away from them without legal consequence. However, law enforcement and courts deny that they are biased against men.

Man who says he was confused for DUI driver found not guilty

One way that an innocent person can get wrongfully arrested for DUI in Ogden is if the police officers at the scene mix up the occupants of a vehicle and arrest a passenger as if he or she was the driver. That is what happened to a man who was arrested for DUI in another state in 2011. Almost exactly two years later, the man's trial concluded with a not guilty plea.

The man was riding in a car that was driven by his former roommate. The roommate and another man were on their way to buy drugs and the defendant wanted to buy alcohol and had no other means of transportation. While on the way the driver lost control of the car and struck a gas meter.

Political figure asks for forgiveness after DUI arrest

For many people who get arrested for DUI in Utah, the arrest is the first time they have ever gotten in trouble with the law. While they take responsibility for their actions, they do not regularly drink and drive but made a mistake. In those cases, extensive penalties such as the loss of their driver's license or jail time may seem inappropriate.

A Utah resident and political activist is asking his party for forgiveness after a DUI arrest in November. The man, who has pleaded not guilty to the DUI charge, was running for vice chairman of the Utah County Republican Party when the delegates met on April 27.

Kim Kardashian, Kris Humphries' divorce settled at last

People in Ogden who enjoy following celebrity marital dramas will be interested to know that the divorce between reality TV star Kim Kardashian and her husband, professional basketball player Kris Humphries, appears to be over. At least one news outlet is reporting that the former spouses, whose breakup just weeks after their made-for-TV wedding in 2011 made headlines, have negotiated a financial settlement.

The settlement, which was announced on April 19, appears to end Humphries' attempt to be granted an annulment instead of a divorce. Humphries had previously accused Kardashian of fraud, saying that she tricked him into marrying her as a plot device for her reality show and never intended to stay with him. If he had been granted an annulment, he and Kardashian would not have to divide their marital assets.

Supreme Court: Utah was right; DUI blood tests do require warrant

The U.S. Supreme Court has made its decision in Missouri v. McNeely, in which a man who was subjected to a blood alcohol test against his will so that police could prove he was driving under the influence of alcohol. The man appealed his DUI conviction on the grounds that forcing him to submit to a blood test violated his constitutional rights. Today, the high court ruled that it did.

While blood alcohol tests are more prone to error than many people realize, they are generally considered to be the best way to tell if someone has been driving drunk. The State of Missouri, joined by the federal government, had hoped the Supreme Court would rule that warrants would never be required in DUI cases. Their most notable argument was that alcohol in the blood dissipates over time, making it urgent to obtain the suspect's blood immediately.

The high courts of both Utah and Iowa, however, have already ruled that warrants are required by their own constitutions before law enforcement can administer such an intrusive test. The justices took specific notice of Utah's ruling and of our electronic search warrant process, which makes obtaining the warrants much faster.

UHP, ex-trooper could face class action over false DUI arrests

The legal troubles for the Utah Highway Patrol due to its former "Trooper of the Year's" alleged penchant for making false DUI arrests are continuing to balloon. The department could face a class action lawsuit from as many as 800 wrongfully accused drivers, some of whom may have been convicted based on the ex-trooper's dubious testimony.

As we have discussed in the past, the ex-trooper was once lauded by the UHP for making far more DUI arrests than her colleagues, up to 400 in one year alone. However, doubts began to surface and a secret UHP report concluded that the trooper frequently arrested drivers for DUI despite the fact that they had little to no drugs in their systems. The public later learned of that report, and the UHP fired the trooper.

"For Sale -- getting divorced": some agents' specialty

In some divorce cases in Ogden, one spouse moves out of the house while the other continues to live in it. However, often it becomes too difficult to afford the home when only one paycheck suddenly is responsible for the mortgage payments. In those cases, the couple will probably try to sell the home and add the proceeds to the marital assets to be divided between them.

Therefore, it is not uncommon for homes for sale to be on the market because of divorce. In fact, it happens often enough that some real estate agents specialize in divorce sales.

Not getting married doesn't avoid complexities of divorce

"It's helpful to get married, if you want to get divorced." On the surface, this sentence seems obvious -- after all, you cannot get divorced in Utah unless you are married first. But the man who said this meant that cohabitation, or two unmarried adults living as a family with children, does not necessarily simplify things if the couple wants to split up. In the man's case, it actually made things more difficult that there is no divorce process for cohabiting couples.

Many couples are reluctant to get married, even though they are in love and plan to spend their lives together. Perhaps their parents got a divorce growing up and those memories contributed to that decision. But when a couple lives together for years and has children together, dissolving that partnership is likely going to be complex, married or not. And without the structured process of divorce, reaching a fair division of assets and child custody plan can be difficult.

Former Utah mayor charged with DUI

The former mayor of a Utah town who resigned in February after being arrested on suspicion of drinking and driving that month was formally charged with DUI on March 5. The case is an example of how a DUI arrest can impact a person's career even before the charges are adjudicated.

The defendant was arrested after being in a minor car accident in Helper, where he was elected mayor in 2010. Police administered a breath test that allegedly measured the defendant's blood-alcohol level at 0.169. If that test is accurate, it would be more than twice the legal limit of 0.08.

Should 'blame' for divorce affect alimony in Utah?

Like virtually every other state, Utah has no-fault divorce. This means that, unlike in decades past, a couple can get a divorce without one spouse having to prove that the other "caused" the problems that led to end of the marriage. Similarly, when one spouse requests alimony, the court generally considers financial questions like each spouse's income, future earning capacity and savings, as well as the length of the marriage and each spouse's contributions to the union.

One Utah lawmaker wants to bring fault back into divorce, at least when calculating spousal support. State Rep. Kay McIff, R-Richfield, has introduced a bill in which courts could consider things like extramarital affairs and unemployment when determining whether to grant alimony to a spouse. The bill passed the House Judiciary Committee on Feb. 28, bringing it closer to a floor vote.

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195 25th Street, Suite 304
Ogden, UT 84401

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