Table of Contents

• Publication year: 2019

TABLE OF CONTENTS

Message from the Chair.......................................................................................................................3

Message from the Editor.....................................................................................................................5

Representative Divorce: Musings on Dissolving a Marriage Based on Legal Incompetence.........................................................................................................................................7

By Dawn Gray

As life expectancy increases, more and more adults are living longer and facing decline in mental capacity. This presents special questions about representing aging adults, who no longer have the requisite legal capacity for purposes of dissolving a marriage. If the aging adult is no longer capable of managing his or her assets or communicating the necessary facts to justify a divorce based on irreconcilable differences and for whatever reason his representatives determine that a status judgment is advisable, can they obtain such a judgment over the other spouse's objection?

The Mistake in Marriage of Binette: The New Grounds to Set Aside a Family Law Judgment Based on a Failure to Fulfill Financial Disclosure Requirements....................20

By Jack J. McMorrow

Was failure to meet the disclosure requirements a "mistake"? Was failure to satisfy disclosure requirements sufficient grounds to set aside a judgment? Mr. McMorrow explores In re Marriage of Binette and its surprisingly ambiguous conclusion regarding setting aside a family law judgment based upon a failure to satisfy the statutory financial disclosure requirements in a dissolution proceeding.

Grandparent's Visitation and Custodial Rights: A Practitioner's Tool Kit.........................25

By Alphonse F. Provinziano

Many grandparents play meaningful roles in the lives of their grandchildren. In turn, practitioners of grandparent's rights serve an important role - helping to secure a grandchild's access to his or her grandparent, when one of the parents is in opposition of the relationship between the child and grandparent. Getting a grandparent's rights case off the ground and into the courtroom begins with this break down of the important things to know about grandparent visitation and custodial rights.

Why Utah? .........................................................................................................................................29

By Roz Bateman Smith

What...