Stephen J. Buhler, Attorney at Law

Using the law to your advantage in a divorce case

When disputes arise and Utah residents need to encounter the legal system, individuals often want some certainty as to how the law will apply to the dispute at issue. This can be easier said than done, however, as each case can be slightly different from the last, and these slight differences can make a huge impact in the case.

Making matters more complicated, the laws that govern the dispute change all the time. As discussed in last week in this blog, Utah officials are currently in the process of reviewing the changes that are necessary to state law in the wake of the Supreme Court's ruling that legalized same-sex marriage.

Even when statutes do not change, the interpretation of that statute can change when the Utah Supreme Court decides a case in a particular manner. The court's decision in one case can have a significant effect on all cases that follow, as lower courts such as district courts are bound to apply the law set forth by the Utah Supreme Court.

These changes are not a bad thing, but are a reality of our legal system. In fact, the changes can be a positive thing when individuals know how to use them. For example, when it is unclear how the law may apply to a particular case, it is helpful to be able to compare the case to another case that was favorable. Individuals can argue their case is similar, and that the court should thus follow the decision from the other matter.

Our firm has significant experience in advocating for the best interests of our clients with the ever-changing legal landscape of the state. We research the law thoroughly to understand how it may apply in a particular client's case, and how we can use previous decisions in our clients' favor. For more information on divorce cases in Utah, please visit our divorce webpage.

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