Family Law
Practice Areas
Divorce
Going through a divorce is one of the most stressful things one can experience. Millar Legal knows how to properly represent families in transition. With compassion and professionalism, our family law practitioners are dedicated to understanding your individual situation.
Matters regarding family law require strong, but empathetic legal representation that produces long-term and individualized solutions, while minimizing harm to the family. Our attorneys also know that mediation may be the most effective way to achieve your goals and that litigating a family law matter is often not the best solution. Learn more…
Alimony
An alimony award (or “spousal support”) is very important to both parties. The spouse who makes less money wants to know whether he or she is going to receive enough alimony to cover current or future expenses. The spouse who makes more money typically wants to pay as little alimony as possible.
It is not possible to predict with perfect accuracy the amount or duration of a court’s alimony award in a given case – if the court awards alimony at all. There are some guidelines, however, that courts apply when making alimony determinations. Learn More…
Child Custody Disputes
The custody of the minor children is often the most contested issue in a divorce. Millar Legal attorneys understand how important your children are to you. You only want what is best for your children, and so do we. A child benefits from healthy relationships with both parents.
Years of experience has taught us that resolving custody disputes in a collaborative manner decreases the stress put on the child and lays the groundwork for parents to work together in the future. At Millar Legal, we are skilled in the mediation practice, which can be an effective arena for resolving custody disputes. Learn More…
Visitation/Parent Time
A separating couple often find it difficult to continue raising children together in a new family dynamic. Furthermore, custody and parent-time decisions involve complicated legal language and have long-term consequences.
And parents in these emotionally charged situations often neglect to consider all the details, legal options and implications involved in a custody and visitation arrangement if they do not have legal counsel. Millar Legal attorneys encourage healthy cooperation between the separating parents and seek to create long-term solutions within the new family dynamic. We tailor custody and visitation arrangements to the unique needs of each family, considering the best interests of the children in the short- and long-term. Learn More…
Child Support
Utah child support laws attempt to ensure that both parents financially support their children. Generally, the court calculates the child support award by applying the parents’ respective gross monthly incomes and amount of time with the children to formulaic statutory guidelines.
The court, however, does have limited discretion to consider other factors in creating a child support award, which can lead to some significant conflicts in determining child support.
Millar Legal attorneys have experience in establishing fair child support awards and enforcing your right to receive consistent child support from a parent failing to meet court-ordered obligations.
Child Support Modifications
If your ability to pay child support has changed since the divorce or paternity decree were entered, you can seek to modify the child support award either up or down. To seek a modification of your child support obligation or to defend against a modification, please contact Millar Legal today at (801) 424-5280 for a free 30-minute consultation.
Paternity
When the parents of a child are not married at the beginning of the pregnancy or at the birth of the child, the father is legally without the rights and responsibilities of a parent. Even if the parents agree as to the identity of the father, a paternity case is the best way to legally establish a parent-child relationship with the father.
This process gives the father custody and visitation rights, while imposing upon him a legal obligation to provide specific financial support for the child. Learn More…
Legal Separation
Parties may prefer to file for legal separation, rather than for divorce. A legal separation in Utah is most common when (1) the parties hope that their marriage can be reconciled; or (2) one party wants to maintain coverage under the spouse’s health insurance.
Separate maintenance proceedings are the same as those in a divorce. Similar to divorce, the court may enter an order concerning custody and support payments, as well as debt and property allotment. If a party fails to follow this order, the other party can bring an enforcement proceeding. The order can also be modified through the court. Learn More…
Enforcement of Orders and Contempt Proceedings
After the court enters the final divorce decree (or paternity decree or separation order), the parties must comply with the legal obligations of that order to the best of their ability. When your ex-spouse fails to comply with the order, take note of it.
Millar Legal can assist you in enforcing the order. Learn More…
Post-Divorce Modifications
Unlike most court orders, divorce decrees are not meant to stay the same forever. Rather, as significant life changes occur, divorce decrees can be modified so they are fair to the parties and their children. The most common areas that are modified are child support, custody, and alimony.
Determining whether an event qualifies as grounds for modification requires an attorney familiar with Utah modification laws. Millar Legal will assist you in making these determinations and advise you on the best legal approach for your situation. Learn More…
Adoption
Adoption of a child can be one of life’s most joyous experiences. Bringing a new child into your family or adopting a grandchild or stepchild should be a happy time. The legal hurdles of adoption, however, are difficult to face alone.
Adopting may require the termination of at least one parent’s rights. And the court may scrutinize the history of the adopting parents to ensure that the adoption is in the best interests of the minor child. Millar Legal can walk you through the adoption process so you feel confident knowing that you have an advocate to resolve all of the legal technicalities.
Who Can Adopt Under Utah Adoption Laws?
- Married couples, including stepparents and parents of foster children.
- Grandparents can adopt grandchildren when parents are unfit or in the case of death or disease.
- Single persons under certain criteria.
- Cohabitating couples and same-sex couples cannot adopt in Utah.
- Adoption of adults may be necessary or desired.
Hiring a family law attorney gives you the best chance to efficiently complete the adoption process. Please call Millar Legal at (801) 424-5280 and let us assist you in minimizing the stress of the process so you can enjoy this happy time.
Guardianships and Conservatorships
A guardian is a person or institution appointed by a court to make decisions about the care of another, who is called a “ward.” A guardian has the responsibility of a parent for a minor, except that the guardian does not have to use his or her own money for the ward’s care and is not liable for the actions of the ward.
A conservator is a person appointed by the court to manage the property and financial affairs of a ward. Sometimes the same person is appointed to be both a guardian and conservator. Hiring a family law attorney gives you the best chance to become a guardian or conservator for someone you care about. Learn More…
Annulment
An annulment is a court proceeding that declares that a marriage is void. The marriage is treated as if it never existed. Some couples attempt to obtain an annulment because they perceive it to be more socially acceptable.
An annulment may be granted if a marriage was illegal. The circumstances in which the court can order a marriage annulled are limited (under Utah statutory laws) to one of the following reasons:
- One person was married to someone else, including if that person’s divorce decree was not yet final
- One person was under 18, and that person’s parent did not consent to the marriage
- One person was under 16
- The marriage was between parties of the same sex
- The marriage was between close relatives (such as a brother and sister)
Utah courts have ruled that a marriage can also be annulled for the following reasons:
- Mental incapacity
- Fraud, religion, sexual history or inability to procreate
- Force or duress
- Incurable physical impotence
- Mistake in identity
- Breach of antenuptual agreement
Length of marriage is not a legal ground for annulment in Utah.
Hiring a family law attorney gives you the best chance to obtain an annulment. If you are considering an annulment of your marriage or have been served with an annulment petition, please call Millar Legal today at (801) 424-5280 and let us effectively represent you.
Termination of Parental Rights
The termination of parental rights means a biological parent ceases to have the rights (custody or visitation) and responsibilities (support obligations) as a parent of the child. Any “interested party” can file a petition requesting this termination of rights, which can occur voluntarily or involuntarily.
Often this proceeding occurs in conjunction with a step or foster parent adoption.
In Utah, usually you must show that the parent is (1) unfit or has abandoned the child, and (2) that it is in the best interest of the child to have the parent’s rights terminated.
Because the rights of a parent are strongly protected, the Court must follow statutory procedure and make specific findings to terminate parental rights. Though it is a challenging procedure that the court does not take lightly, Millar Legal can give you the best opportunity to obtain a termination of parental rights by guiding you through this process.
Hiring a family law attorney gives you the best chance to protect or terminate parental rights. If you are considering terminating someone’s parental rights or have been served with a petition to terminate your parental rights, please call Millar Legal today at (801) 424-5280 and let us be your zealous advocates through this tough time.
Protective Orders
Protective orders are effective tools to stop abuse or threats of abuse. The police can arrest your abusive spouse for not obeying the Protective Order. Then the judge can order the Respondent to pay a fine or go to jail – or both.
Hiring a family law attorney will allow you to follow the right process for obtaining a protective order and avoid procedural pitfalls that may result in your petition being denied. Learn More…
Trial
Having taken many cases successfully to trial, we have the expertise to prepare a case to be decided by the judge and the wisdom to know when a better resolution can be reached through mediation.
The majority of family law disputes taken to court are bench trials where cases are heard and determined solely by a judge. If a trial becomes necessary, Millar Legal will be with you every step of the way. We understand that going to trial can be an overwhelming experience for families, and we are here to help you understand and maneuver the process as smoothly as possible. Learn More…