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Appeals court hears challenge to broad non‑disparagement clause and special‑master language in divorce modification
Summary
In Wallace v. Wallace, the Court of Appeals considered whether a modified divorce decree’s non‑disparagement clause that explicitly mentions social media is a preserved constitutional claim or a waived right, and whether language about possibly changing legal custody over unpaid special‑master fees creates an advisory or reviewable issue.
A Utah Court of Appeals panel heard arguments in Wallace v. Wallace over a family‑law modification that added a broad nondisparagement restriction on social media and included language that the trial judge "may consider" changing legal custody in response to nonpayment of special‑master fees. Mark Barnes, counsel for Joanna Smith, told the court the modified paragraph is "so broad that it really does restrict her rights" to tell her story and engage in advocacy, and that the modified decree arguably…
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