res judicata applies in divorce actions doctrine (Utah) · Go Syfert
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res judicata applies in divorce actions doctrine in Utah

7 Utah opinions name it 1 courts 1988–2024 1 in the last five years

The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Throckmorton v. Throckmortongreen
utahctapp · 1988 · cited in 3 Utah opinions naming this issue, 2017–2024
2 sentences

2024See Throckmorton v. Throckmorton, 767 P.2d 121, 123 (Utah Ct. App. 1988) (“The doctrine of res judicata applies in divorce actions.”).

2020These principles apply with as much force in a divorce case as they do in any other case; indeed, we have held that “[t]he doctrine of res judicata applies in divorce actions.” See Throckmorton v. Throckmorton, 767 P.2d 121, 123 (Utah Ct. App. 1988). ¶7 However, in certain limited circumstances, usually defined by statute or rule, courts may reconsider an order even after entry of final judgment.

33
Hogge v. Hoggegreen
utah · 1982 · cited in 2 Utah opinions naming this issue, 1990–1990
2 sentences

1990Hogge v. Hogge, 649 P.2d 51, 53 (Utah 1982).

1990Hogge v. Hogge, 649 P.2d 51, 53 (Utah 1982).

22
Smith v. Smithgreen
utahctapp · 1990 · cited in 1 Utah opinions naming this issue, 2011–2011
1 sentence

2011"The doctrine of res judicata applies in divorce actions and subsequent modification proceedings." Smith v. Smith, 793 P.2d 407, 410 (Utah Ct.App.1990).

11
Jacobsen v. Jacobsengreen
utah · 1985 · cited in 1 Utah opinions naming this issue, 1988–1988
1 sentence

1988Jacobsen v. Jacobsen, 703 P.2d 303, 305 (Utah 1985).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
McFarland v. McFarland green
utahctapp · 2024
1 sentence

2024But “[i]n the family law context, our legislature has given district courts the authority to revisit many of the provisions contained in a typical divorce decree, including provisions pertaining to child 20221044-CA 12 2024 UT App 31 McFarland v. McFarland custody, child support, alimony, property distribution, and debts.” See Robertson v. Stevens, 2020 UT App 29, ¶ 7 , 461 P.3d 323 (emphasis added); see also Utah Code § 30-3-5(5).

12024–2024
Robertson v. Stevens green
utahctapp · 2020
2 sentences

2024But “[i]n the family law context, our legislature has given district courts the authority to revisit many of the provisions contained in a typical divorce decree, including provisions pertaining to child 20221044-CA 12 2024 UT App 31 McFarland v. McFarland custody, child support, alimony, property distribution, and debts.” See Robertson v. Stevens, 2020 UT App 29, ¶ 7 , 461 P.3d 323 (emphasis added); see also Utah Code § 30-3-5(5).

2024But “[i]n the family law context, our legislature has given district courts the authority to revisit many of the provisions contained in a typical divorce decree, including provisions pertaining to child 20221044-CA 12 2024 UT App 31 McFarland v. McFarland custody, child support, alimony, property distribution, and debts.” See Robertson v. Stevens, 2020 UT App 29, ¶ 7 , 461 P.3d 323 (emphasis added); see also Utah Code § 30-3-5(5).

12024–2024
Krambule v. Krambule green
utahctapp · 1999
2 sentences

2011Nevertheless, trial courts have "continuing jurisdiction to make subsequent changes or new orders" regarding child custody and support; the parties' property, debts, and obligations; and alimony, see Utah Code Ann. § 30-3-5 (3), (8)(g)(i) (Supp. 2011), if the party seeking such a change is able to demonstrate that a substantial change of circumstances not contemplated in the divorce decree has occurred since the decree was entered, see Krambule v. Krambule, 1999 UT App 357, ¶ 13 , 994 P.2d 210 .

2011Nevertheless, trial courts have "continuing jurisdiction to make subsequent changes or new orders" regarding child custody and support; the parties' property, debts, and obligations; and alimony, see Utah Code Ann. § 30-3-5 (3), (8)(g)(i) (Supp. 2011), if the party seeking such a change is able to demonstrate that a substantial change of circumstances not contemplated in the divorce decree has occurred since the decree was entered, see Krambule v. Krambule, 1999 UT App 357, ¶ 13 , 994 P.2d 210 .

12011–2011
Penrod v. Nu Creation Creme, Inc. green
utah · 1983
1 sentence

1990Id. *410 The doctrine of res judicata applies in divorce actions and subsequent modification proceedings.

11990–1990

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