US District Judge Martin Feldman has upheld Louisiana’s same-sex marriage ban as well as a law refusing to recognize same-sex marriages performed in other states. This broke a string of 20 plus wins for same-sex supporters in federal court cases.
Last Wednesday, U.S. District Court Judge Clark Waddoups ruled in favor of Kody Brown and his family stating that they were entitled to attorney’s fees and costs incurred in defending against threatened charges.
This victory comes on the heals of a December ruling by Judge Waddoups finding that Utah’s polygamy law was unconstitutional as it violated the freedom of religion clause. Utah has not decided whether to appeal this matter.Details
Attorney Fees in Domestic Matters
Attorney fees are awarded in domestic matters in two scenarios, first, to establish a court order, and second, to enforce a court order.
Attorney Fees When You Cannot Afford To Establish A Court Order
If a party is unable to afford the costs of obtaining an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court may order a party to pay the costs and attorneys fees of the other party to enable the other party to prosecute or defend the action, but the award or denial of such fess must be based on evidence of the financial need of the receiving spouse, the ability of the other spouse to pay, and the reasonableness of the requested fees. The court may further order a party to provide money for the separate support and maintenance of the other party and of any children in the custody of the other party. See, Utah Code Ann. § 30-3-3(3 )Details
Divorce Education for Children
When adults go through a divorce, there are programs available to assist them in making the transition, including a mandatory class offered through the court. But what about the children of divorcing parents? The Utah State Courts has developed a new program called Divorce Education for Children
The Divorce Education for Children class is available for child 9-12 years old whose parents are divorced or divorcing. The class is presented twice each month at the Scott M. Matheson Courthouse. The program’s curriculum provides children with skills they can use to better express their feelings to parents. Mental health professionals teach the class with the assistance from state court judges and commissioners. To find out more about the class go to http://www.utcourts.gov/specproj/dived/children.htmlDetails
Yesterday, Virginia sought to delay a federal appeals court ruling on Virginia’s gay-marriage ban. Attorney for court clerk Michelle B. McQuigg argued that the delay would “ensure the orderly resolution of the important constitutional question…” Though the American Civil Liberties Union of Virginia and Lambda Legal disapproved of the delay, in 2006 it was ruled by 2-1 of the 4th U.S. Circuit Court of Appeals that Virgina’s same-sex marriage ban approved by voters is unconstitutional.
*read more at: http://www.ksl.com/?nid=157&sid=30961140*Details
Couples divorcing in Utah have two basic choices: They can file no-fault divorce, which the law permits either or both parties to file by citing grounds of irreconcilable differences within the marriage, or by living under a separation agreement from any state for three consecutive years. They can file on fault-based grounds, which cites specific…