Client & Court Document FAQs

Average hourly rates for law firms in Utah typically range from $238 to $476, with a blended average of roughly $302 per hour. Actual costs vary significantly by practice area, the person doing the work (i.e. paralegal/staff or attorney) and that person’s experience. Millar Legal quotes their fees during the initial strategy session.

A petitioner is the party who initiates a family law case by filing the initial paperwork, whereas a respondent is the party who is served with those documents and must formally reply. In Utah, both parties maintain these same titles throughout the entirety of the case. You are the Petitioner if you are the one who sought legal help, drafted the initial paperwork (such as a divorce or child custody petition), and paid the filing fees to start the case. You are the Respondent if you were “served” with official court documents and are required to file an answer to those initial allegations.

It is extremely common for an initial complaint to ask for “larger-than-life” demands (such as sole custody or disproportionate alimony). In Utah family law, these extreme requests are rarely a reflection of what a judge will ultimately order. Judges base their decisions on strict legal guidelines, not initial wish lists.

No attorney in Utah can guarantee an outcome. Under the Utah Rules of Professional Conduct, it is an ethical violation for a lawyer to make false or misleading statements, which includes guaranteeing a specific result or verdict.

You should expect updates at key case milestones and during active negotiation or litigation phases. During periods of waiting on courts or insurance companies, you can expect check-ins every few weeks or once a month. Expect to hear from your legal team immediately when:

• Key filings occur: Important legal documents are submitted to the court.
• Hearings or deadlines are set: Court appearances, depositions, or mediations are scheduled.
• Offers are received: Settlement proposals or plea agreements are presented.
• Action is required: Your lawyer needs specific information, documents, or an affidavit from you.

To keep legal fees under control, establish a clear written budget and scope of work with your firm upfront. Communicate efficiently to avoid billable hours, submit organized documents promptly, and resolve minor, non-legal disputes yourself rather than paying an attorney.

If you disagree with your attorney’s advice in Utah, you have the right to request a second opinion, fire the attorney, or part ways with the law firm. Lawyers are advisors, but the ultimate decisions in a case (such as settling) usually rest with you.

Send documents, timelines, and facts via email so your attorney has a paper trail. Discuss strategy, complex emotions, and settlement negotiations by phone. The Utah State Bar emphasizes that establishing a clear communication protocol from the start ensures both you and your lawyer stay organized and compliant with ethics rules.

Not necessarily. Attorneys who bill by the hour typically track their time in increments rather than billing by the exact minute. A common practice is to use six-minute increments (one-tenth of an hour), so a three-minute email or one-minute phone call may be recorded as 0.1 hour. However, what time is billable, how it is rounded, and whether particular communications or tasks are charged to you depend on your attorney’s billing practices and, most importantly, the terms of your Retainer Agreement.

At Millar Legal you are provided with a comprehensive legal team to address your matter. This team often includes the lead attorney and paralegal on your case and other team members who may help in drafting, research or other case assignments. We also ask that you include our general “admin” email address on all correspondence simply to help us keep a record between team members of any movement in the case. Be assured that even with multiple parties on an email, your questions and concerns will still be noticed and addressed.

Yes, courts can award attorneys’ fees. Under the standard “American Rule,” each party typically pays its own legal fees. However, judges can—and regularly do—order the losing party to pay the winner’s fees in specific situations, such as when dictated by a contract, a specific statute, or as a court sanction.

The best way to get a question about your case answered is to reach out to the lead paralegal assigned to your case and/or the administrative staff at the firm. They can help determine whether your question can be answered by the team or whether it would be best addressed directly with your attorney, and they can assist with scheduling a phone call with your attorney when needed. This helps ensure that your question gets to the right person and that your attorney has the appropriate time set aside to discuss your case with you.

Aaron is the managing attorney and continues to oversee all of the firm’s cases. Each client is also assigned a specific attorney and paralegal who work directly on the case and handle the day-to-day work under Aaron’s management and oversight. As a result, you may hear from your assigned attorney or paralegal rather than Aaron at times. This team approach allows us to give your case the attention it needs while ensuring that Aaron remains involved in its overall direction and supervision.

While your case is pending in Utah, the golden rule is to remain cautious. You should strictly avoid posting on social media, discussing the case with unauthorized individuals, and destroying or altering any evidence. Doing these things can significantly damage your credibility and weaken your legal standing. You should also refrain from agreeing to any settlements or engaging in negotiations without first discussing with your attorney. If yours is a family law matter, you should remember to abide by the Domestic Relations Injunction, which requires parties to treat each other civilly, safeguard assets, and refrain from conduct that would harm a child’s relationship with the other parent.

The most significant bottlenecks that slow down legal cases are court backlogs (heavy caseloads and limited judicial time) and lengthy discovery processes (gathering evidence, taking depositions, and consulting experts). In complex matters, strategic delays or refusal to cooperate by opposing parties can further prolong litigation.

In the U.S. legal system, including Utah, you generally cannot simply call or write to the judge to explain your side of the story. Instead, Utah’s rules of procedure require the parties to present evidence and arguments through established court processes that give both sides notice and a fair opportunity to respond. These rules help ensure that the judge receives and considers information fairly, rather than hearing one party’s side without the other party having an opportunity to respond, and they protect the judge’s impartiality throughout the case.

The law can sometimes feel unfair because what seems fair or right on a personal level is not always the same as what the law requires. Courts must apply established legal rules and procedures to the facts and evidence presented, rather than simply deciding cases based on what feels morally right or fair to one party. Those rules are designed to promote consistency, predictability, and equal treatment, but they can sometimes produce an outcome that differs from what an individual believes is the fairest result.

You are responsible for providing your own Financial Declaration and the documents required by Utah Rule of Civil Procedure 26.1. You should make reasonable efforts to obtain your own financial records, such as tax returns, bank statements, and pay stubs. If a required document is not reasonably available to you or is in the other party’s possession, however, Rule 26.1 allows you to explain that in your Financial Declaration and, where necessary, provide an estimate based on the information available to you. If you need documents that are in the other party’s possession, we can advise you about the appropriate way to request or obtain them.

A deposition is a formal, out-of-court interview where a witness or party answers questions under oath. It is a key part of the discovery phase of a lawsuit, used to gather facts, test witness credibility, and lock in testimony before trial. Because the transcript can later be used in court, it is essentially treated as testimony on the witness stand.

Legal matters often require a lot of detailed information. While some of the questions and forms may seem repetitive or unrelated to your immediate concerns, each one helps us gather information we need to properly handle your case and complete documents required by the court or other agencies.

If you are in immediate danger or fear for your physical safety, call emergency services immediately. For non-emergencies, immediately document all interactions, notify your attorney, and file a formal report with local law enforcement or the court.

You should consider a protective order if you are experiencing domestic violence, dating violence, stalking, or sexual assault. It is an essential legal tool if you fear for your safety or the safety of your children, and need the court to mandate that an abuser stay away or surrender firearms.

Maybe. The Judge will generally only see emails, text messages, or other communications that are properly submitted as evidence or otherwise included in documents filed with the Court. However, communications between spouses can potentially be used as evidence, particularly when they contain statements relevant to the issues in your case. For that reason, you should be thoughtful about what you put in writing to your spouse. Do not assume that a text, email, or other written communication is private simply because you are communicating directly with your spouse; statements you make could potentially be used as evidence against you. Save and preserve relevant communications in their original form, and when in doubt about what to say or whether a communication may be important to your case, ask your attorney.

Yes, our firm is experienced in handling a high-conflict spouse, gathering appropriate evidence and communicating safely. We recognize these situations are stressful, and aim to implement the right strategies and protective legal framework to help you.

Generally, no. In a contested Utah divorce, the parties are required to participate in at least one good-faith mediation before proceeding to trial. Mediation can also often be required when you are seeking to modify provisions of your Decree, depending on the issues involved and/or the provisions of your Decree. However, participating in mediation does not mean you are stuck there until you reach an agreement. If the mediation is no longer productive, the session can be ended without reaching an agreement. That said, don’t assume that mediation will be unsuccessful simply because your spouse has been uncooperative. Mediation can often be surprisingly successful in helping parties reach agreements, even when they have had difficulty communicating or agreeing on their own. Even when a complete agreement cannot be reached, mediation may help narrow the issues that remain for the Court to decide.

Legal documents filed with the Court may require a response, but the deadline and appropriate next steps depend on what type of document was filed and how it was served. If you have been served with legal papers, it is important to contact your attorney promptly so that they can review the document with you, explain your legal rights and obligations, and discuss the appropriate next steps.

Generally, no. Filing for divorce does not, by itself, give either spouse the right to exclude the other spouse from the marital home. If you believe your spouse should leave the home, talk to your attorney about whether temporary orders may be appropriate to address who will live in the home while the divorce is pending. If you or your children are at risk of harm or you have concerns about your immediate safety, tell your attorney right away so that you can discuss whether a protective order or other emergency legal relief is appropriate.

Yes, you can live together during a divorce, and many couples do so due to financial constraints or to ease the transition for their children. However, this arrangement is complex and requires strict boundaries to avoid negatively impacting the legal proceedings.

A divorce in Utah takes at least 30 days due to a mandatory waiting period. However, the actual timeline depends heavily on your specific circumstances.

• Uncontested Divorce: If you and your spouse agree on all terms (division of assets, alimony, child custody), the process typically takes 1 to 3 months to finalize.
• Contested Divorce: If there are unresolved disputes, the process usually takes 8 to 12 months, or potentially longer if the case goes to trial.

When a divorce is filed, the Court generally seeks to maintain the status quo—meaning, as much as reasonably possible, keeping things such as the parties’ living arrangements, finances, and parenting routines consistent with how they were before the divorce was filed. This is one of the purposes of the injunction that takes effect when a divorce case is filed. Maintaining the status quo helps prevent either party from making significant changes or taking actions that could disrupt the family, affect the other party’s rights, or create additional disputes while the case is pending. If circumstances require a change, your attorney can discuss whether seeking temporary orders from the Court is appropriate.

Utah Code § 81-4-502 sets out the factors a court must consider when determining alimony. The most important considerations generally include the standard of living during the marriage, the financial needs and condition of the spouse seeking alimony, and the other spouse’s ability to pay. The Court also considers factors such as each spouse’s earning capacity, the length of the marriage, tax consequences, whether the recipient has custody of minor children requiring support, and other contributions or circumstances identified in the statute. There is no official alimony calculator in Utah. Instead, the Court considers the individual circumstances of the parties and applies the statutory factors to determine whether alimony should be awarded and, if so, the appropriate amount.

When a spouse ignores court deadlines or active orders, the court can enter a default judgment without their input, hold them in contempt of court, or impose strict legal penalties.

Retirement accounts and pensions earned during a marriage are generally treated as marital property and split between spouses, using methods like a Qualified Domestic Relations Order (QDRO), asset offsets, or direct transfers.

Parties in a divorce generally have a legal obligation to provide complete and accurate financial information. If you believe your spouse is hiding income or assets, tell your attorney. The discovery process can be used to obtain financial records and other information, and if undisclosed income or assets are found, the Court can consider that information when making decisions about property division, child support, or alimony and may impose appropriate remedies or sanctions.

Generally, marital property includes assets and debts acquired during the marriage, while separate property generally includes assets owned before the marriage or received individually by gift or inheritance. However, separate property can sometimes become marital property if it is mixed with marital funds or otherwise treated as shared property during the marriage. The specific circumstances of each asset or debt matter when determining how it should be divided.

Under Utah Code § 81-9-209, if a parent plans to move 150 miles or more from the other parent’s residence, the relocating parent generally must provide the other parent with at least 60 days’ written notice before the move. The notice must include statements confirming that the applicable parent-time schedule will be followed and that the relocating parent will not interfere with the other parent’s parental rights. The Court may then review the relocation and make appropriate orders regarding parent-time and transportation costs. Keep in mind that the specific terms of your divorce decree or parenting plan may contain additional or different requirements. If you are considering a move, discuss it with your attorney before making relocation plans.

A “substantial and material change in circumstances” means that something significant has changed since your divorce was finalized. It generally needs to be more than a minor or temporary change and is typically something significant, unexpected, and lasting or permanent. Examples might include a major change in employment or income, a parent’s relocation, or a significant change in a child’s needs. However, the standard for modifying a divorce decree depends on what you are seeking to change, and not every type of modification requires a substantial and material change in circumstances.

Yes, getting a divorce in Utah requires meeting specific rules for residency, a 30-day waiting period, and grounds for divorce.
Residency and Filing Rules
⦁ Time in county: At least one spouse must live in the specific Utah county where you file for at least 90 days before filing the paperwork.
⦁ Children’s residency: If you have minor children, they generally must have lived in Utah with a parent for the last 6 months.
⦁ Where to file: You must submit your papers to the district court of the proper county. You can use resources via the Utah Courts Self-Help Center to find or generate forms.

Getting a divorce in Utah involves filing paperwork, exchanging information, and resolving issues such as property division, child custody, and financial support. Some divorces are resolved by agreement, while others require mediation or a trial. The general steps are:
1. Meet the residency requirement. Generally, you or your spouse must have lived in the Utah county where you plan to file for at least 90 days before filing.
2. File the divorce petition. One spouse begins the case by filing a Petition for Divorce and the required paperwork with the court.
3. Serve your spouse. The other spouse must receive the divorce papers through proper legal service. Once served, they generally have 21 days to respond if served in Utah, or 30 days if served outside Utah.
4. Exchange information and work toward an agreement. Both parties may need to exchange financial information and other required disclosures. If there are disputed issues, Utah generally requires at least one good-faith mediation session. If you reach an agreement, you can submit it to the court for approval. If you cannot resolve your disputes, the case may proceed to trial.
5. Finalize the divorce. Once the required paperwork is completed and the court approves the terms, the judge signs the Divorce Decree. Utah generally requires a 30-day waiting period after filing the petition before the divorce can be finalized. If you have minor children, additional divorce education and parenting classes are generally required. Every divorce is different. The time it takes to finalize your divorce depends largely on whether you and your spouse can agree on the terms or need the court to resolve disputed issues.

If you and your spouse disagree on terms in Utah, your case becomes a contested divorce, requiring mandatory mediation, financial disclosures, and, if ultimately no agreement can be reached between the parties, a trial where a judge decides the final outcome.

Your spouse’s Answer and Counterpetition is their formal response to the requests and issues raised in your Petition for Divorce. It reflects their legal position and strategy, including what they agree or disagree with and what they are asking the court to do. Keep in mind that their positions and requests are not necessarily what the final outcome of your divorce will be; they simply reflect your spouse’s current position. A response to the Counterpetition is generally required, and our office will review the document with you, explain what it means for your case, and help you determine the appropriate next steps.

Yes, divorcing couples can resolve disputes outside of court using mediation, collaborative divorce, and arbitration.
Out-of-Court Options
⦁ Mediation: A neutral third party helps both sides talk and agree on issues like property and kids without a judge.
⦁ Collaborative Divorce: Each person hires a specially trained lawyer who agrees to work together to reach a fair deal without going to court.
⦁ Arbitration: A private judge listens to both sides and makes a final choice for you outside of the public court system.

Generally you do not have a legal obligation to move out without a formal court order or signed separation agreement, though doing so requires balancing your safety, legal rights, and relationship goals. However, decisions about living arrangements can affect your safety, legal rights, and divorce strategy, so it is important to discuss your situation with your attorney before making a decision.

No, moving out of a shared home generally does not mean you are giving up your legal ownership or property rights. However, leaving the home can have practical and strategic implications for your divorce, including issues involving possession of the home, finances, and negotiations. Before moving out, it is a good idea to discuss your plans with your attorney so you understand how leaving could affect your case.

In Utah, whether you qualify for or must pay spousal support (alimony) depends primarily on your spouse’s financial need, your ability to pay, and the standard of living established during the marriage. The length of the marriage and other economic factors and circumstances also play a role. Alimony is not automatic, and there is no fixed formula for determining whether it will be awarded or how much will be paid. A judge considers the specific circumstances of your case when making that decision.

In Utah, courts consider several factors when deciding the amount and terms of alimony, including the recipient spouse’s financial need, the paying spouse’s ability to pay, and the standard of living established during the marriage. The length of the marriage and other economic factors and circumstances may also be considered. These are some of the primary factors, but they are not the only ones. Rather than using a fixed formula, judges evaluate the specific circumstances of each case under Utah Code § 81-4-502.

How long alimony must be paid depends on what the divorce decree says. Utah law generally limits an alimony award to a period no longer than the length of the marriage, unless the court finds extenuating circumstances that justify a longer period. The decree may set a specific end date or other terms for when alimony will end. Alimony may also end earlier in certain circumstances, including the recipient’s remarriage or cohabitation, or the death of either party, although the specific terms of the decree and the circumstances of the case matter.

A parent can move out of state with their children only if they have written agreement from the other parent, permission from a judge, or no active custody orders restricting the move. Moving without approval when there is a shared custody arrangement or active case can lead to severe legal penalties, including loss of custody or criminal charges

Yes, a parent’s new partner can sometimes affect custody, but dating or entering a new relationship does not automatically change custody. A court may consider a new partner if the relationship or household situation affects the child’s safety, emotional well-being, or stability. In addition, your Divorce Decree or other custody order may contain specific restrictions or requirements regarding new partners or who may be around the children, and these restrictions can sometimes affect how a parent exercises parent-time.

A parent’s new partner does not automatically have the same legal authority as a parent or legal guardian to make decisions for your child. However, a new partner may be involved in enforcing household rules or providing appropriate discipline while the child is in that parent’s care, depending on the circumstances and any restrictions in the Divorce Decree or custody order. A new partner generally cannot make major legal decisions about the child, such as decisions about medical care, education, or where the child lives, unless they have been given that authority through a legal process or court order.

Yes, child custody orders can absolutely be customized far beyond standard or template schedules. Family courts actively encourage tailored parenting plans because standard statutory rules rarely account for the unique work shifts, school systems, and emotional needs of every individual family.
The primary requirement for any custom arrangement is proving to the court that the schedule serves the best interests of the child.

No, you cannot withhold visitation if your ex-spouse does not pay child support. Child support and visitation are two separate legal duties. Breaking a court-ordered visitation schedule can get you in legal trouble, even if your ex is not paying.

Parents can agree on a custody arrangement that takes their child’s preferences into account. If the parents cannot agree, however, a child does not get to decide which parent to live with simply because they reach a certain age. There is no specific age at which a child can automatically choose where to live. A court may consider the child’s wishes, particularly as the child gets older and more mature, but the court ultimately makes custody decisions based on the child’s best interests.

Yes, parents can share joint legal custody while one parent has sole physical custody. In this setup, both parents share major choices, but the child lives with only one parent most of the time.

No, failure to pay child support does not automatically lead to the termination of parental rights. Instead, a formal court process is required, and non-payment is only one factor evaluated alongside the child’s best interests and the presence of a stepparent or other adult ready to adopt.

Domestic violence can have a significant impact on custody decisions because the court must consider the safety and best interests of the child. Depending on the circumstances, a judge may limit or deny joint custody, restrict parent-time to supervised visits, or award sole custody to the parent who can provide a safer environment. The court will consider the nature and circumstances of the domestic violence when determining an appropriate custody and parent-time arrangement.

Substance abuse can heavily reduce a parent’s custody or parent-time rights because courts prioritize the best interests and safety of the child. Judges may limit a parent to supervised visits, order drug testing, or grant sole custody to the other parent if addiction impairs proper care

In Utah, joint legal custody is generally the starting point, meaning both parents share responsibility for major decisions. However, sole legal custody can be ordered in appropriate situations, such as when there are concerns about the child’s safety, the parties’ ability to effectively co-parent, or a history of domestic violence. The appropriate physical custody arrangement is determined by the court based on the child’s best interests. To determine the child’s best interests, the court considers factors such as the child’s relationship with each parent, each parent’s ability to meet the child’s physical, emotional, educational, and medical needs, the parents’ ability to communicate and co-parent, the stability of each parent’s home, and any history of domestic violence or abuse. Based on the child’s best interests, the court will determine how the child’s time should be divided between the parents, which may include joint or sole physical custody.

Utah child support is generally calculated using the parents’ gross monthly incomes, along with other information required by the child support guidelines, including the number of overnights each parent has with the child. You can estimate child support using the Office of Recovery Services’ online Child Support Calculator. Child support can also be changed later if there is a legal basis for modifying the existing support order.
You can access the ORS website here: https://ors.utah.gov/child-support/calculate-child-support/

No, a child is generally not required to testify in a custody case, and courts often try to avoid putting children in the position of choosing between their parents. If the court needs information about the child’s wishes, circumstances, or best interests, it may use other methods, including appointing a Private Guardian ad Litem (PGAL) to investigate the situation and advocate for the child’s best interests.

Parental alienation occurs when one parent manipulates a child into unjustifiably rejecting, fearing, or hostilely resisting a relationship with the other parent. It typically manifests during high-conflict divorces or custody disputes as an ongoing, systematic campaign rather than an isolated argument. Mental health professionals and family court advisers focus on specific behaviors from the alienating parent and corresponding psychological symptoms in the child to determine if alienation is occurring.

Sole legal custody gives one parent the primary authority to make major decisions for a child, including decisions about healthcare, education, and religious upbringing, without needing the other parent’s consent. The other parent may still make ordinary day-to-day decisions for the child while the child is in their care, unless the custody order provides otherwise.

Termination of parental rights is a legal court order that permanently ends the relationship between a parent and a child. It completely removes all legal rights, duties, and ties between the parent and the child.

Moving a child without required court permission or the other parent’s consent can lead to serious legal consequences, including contempt of court, an emergency order requiring the child to be returned, and changes to custody or parent-time.

Repeatedly violating a custody or parent-time order can lead to serious legal consequences, including contempt of court, make-up parent-time, and changes to custody or parent-time. If a parent repeatedly ignores a court order, the other parent can file a motion asking the court to enforce the order and address the violations.

If your co-parent does not follow a court-ordered parent-time schedule, start by documenting what happened and communicating with your attorney about the violation. Depending on the circumstances, you may be able to ask the court to enforce the existing order or address repeated violations through a contempt proceeding. The appropriate response depends on the specific circumstances and the terms of your custody order, but you should not yourself withhold parent-time in response to a violation by the other parent.

Moving out of state with the children may or may not require court permission or notice, depending on whether there is an existing custody order or other legal restriction on the move. If there is a court order restricting the move, the parent generally must follow the requirements of that order before relocating. Moving in violation of a court order can have serious legal consequences, including contempt of court, an order requiring the children to be returned, or changes to custody or parent-time.

A custody evaluation is a formal study done by a mental health professional to help a judge decide what living and care plan is best for a child. It may be used when parents cannot agree on custody, there are high levels of conflict, or there are concerns about a parent’s ability to safely and appropriately care for a child.

A PGAL is an attorney appointed to represent the child’s best interests in a contested divorce or custody case. The PGAL may investigate the family’s circumstances, speak with the parents and child, and make recommendations to the court about custody and parent-time. The parties typically share the PGAL’s fees, although the court can determine how the fees are allocated.

Supervised parent-time is a court-ordered arrangement where another responsible adult must be present during a parent’s visits with their child. It is generally reserved for situations involving serious concerns about the child’s safety or the parent’s ability to safely exercise parent-time, such as certain cases involving domestic violence, substance abuse, or other significant safety concerns. Supervised parent-time is not commonly ordered simply because parents disagree or have a high level of conflict. When it is ordered, it is generally intended to be temporary, with the goal of moving toward unsupervised parent-time when it is safe and appropriate.

Legal custody is the right to make major decisions about a child’s medical care, education, and religious upbringing. Physical custody determines where a child lives and how much time the child spends with each parent.

Custody generally can be modified only when there has been a substantial and material change in circumstances since the current order was entered. Parent-time can be modified upon a change in circumstances, which does not necessarily have to be as significant. In either case, the court will consider the best interests of the child. Examples of changes that may support a modification: Custody: A parent relocates, circumstances arise that affect the child’s safety, or there is significant instability in a parent’s home.
Parent-time: A permanent change in a parent’s work schedule makes the existing schedule impractical, the child’s needs or schedule change, or the current schedule is no longer workable.

Parents can also agree to modify custody or parent-time, or they can ask the court to decide the issue. Your Decree may require the parties to attempt mediation or another form of alternative dispute resolution before asking the court to decide the issue.

When parents live in different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines which state’s courts have authority to make custody decisions. Generally, the case should be handled in the child’s “home state,” which is usually the state where the child has lived with a parent for at least six consecutive months immediately before the case begins. For a child under six months old, the home state is generally the state where the child has lived since birth. A court may also have temporary emergency jurisdiction in certain situations involving abuse or abandonment.

The parties are generally responsible for paying for evaluations performed in their case, and the court will determine how the evaluator’s fees are divided. The costs are often split between the parties, but the court may allocate the fees differently depending on the circumstances. The court’s order will specify who is responsible for paying the evaluation.

Unmarried parents can have the same legal rights and responsibilities as married parents, but the father must first establish legal parentage, or paternity. Once paternity is established, unmarried parents generally need a court order to establish an enforceable plan that protects or defines each parent’s rights and responsibilities regarding custody, parent-time, and child support. Until a court orders otherwise, the mother generally has sole legal and physical custody.

If you are not married to the child’s mother, Utah provides three ways to establish paternity: 1)Voluntary Declaration of Paternity (VDP): Both parents can sign a VDP acknowledging that the man is the child’s biological father. The declaration can be used to add the father to the child’s Utah birth certificate. 2)Administrative Paternity Order: The Office of Recovery Services (ORS) can establish paternity through an administrative process, which may also establish child support and medical support. 3) Court Order: A parent can ask a court to establish paternity. A court order can also address custody, parent-time, child support, and other parenting issues. Establishing paternity establishes the legal parent-child relationship, but a VDP or ORS order does not establish a custody or parent-time schedule. If you want an enforceable plan that protects or defines each parent’s rights and responsibilities regarding custody and parent-time, you generally need a court order.

Yes. If paternity is disputed, you may be required to provide evidence of whether you are the child’s biological father. Paternity can be addressed through a court case or through the Office of Recovery Services (ORS). As part of that process, you may be required to submit to genetic testing to determine whether you are the child’s biological father.

Divorce does not automatically mean that you will lose custody or parent-time with your children. Both parents generally have the opportunity to seek custody and parent-time, and the court will make decisions based on the best interests of the children. However, custody and parent-time can be affected by circumstances such as a parent’s conduct, the children’s needs, or concerns about their safety and well-being.

The difference between joint and sole physical custody is where the child lives and how much time the child spends with each parent. Sole physical custody means the child lives primarily with one parent, while the other parent generally has parent-time. Joint physical custody means the child spends substantial, regular time living with both parents, generally at least 111 nights per year with each parent.

Having legal custody of a child means having the right and responsibility to make major, long-term life decisions for that child. These key areas include education, healthcare, and religious upbringing.
Major Decisions Included
⦁ Education: Choosing schools, special education, or tutoring.
⦁ Healthcare: Deciding on doctors, medical treatments, and dental or mental health care.
⦁ Religion: Deciding the child’s religious instruction and practices.
⦁ General Welfare: Approving major activities, travel, and general upbringing choices.

Child support payments are determined using state or regional guidelines based primarily on parental income and the amount of parenting time/custody. Most jurisdictions use official formulas to calculate a fair contribution from each parent.

Under Utah law, imputed income is an estimated earning capacity assigned by a court or agency to an unemployed or underemployed parent or spouse to calculate child support or alimony. The amount is based on a 40-hour workweek and reflects employment potential and probable earnings. You can review the official guidelines via the Utah Courts Support Information.
How Imputed Income is Calculated
⦁ Employment Potential: Judges look at probable earnings based on local job availability and prevailing community wages.
⦁ Personal Factors: The court evaluates work history, job skills, education, age, health, criminal record and other employment barriers/background factors such as one party’s historical role as primary caregiver for the minor children.
⦁ Minimum Wage Default: If a person has no recorded work history or an unknown background, the state may impute income at the federal minimum wage for a 40-hour workweek.

Yes, you are required to continue paying child support despite being in bankruptcy. Your current payment obligations remain in effect.

A legal guardian is a person who has the legal authority and duty to care for another person, called a ward, who cannot care for themselves. Wards are usually minor children or incapacitated adults.

A guardian must be a person or entity the court determines is appropriate to serve in that role. In Utah, the court generally follows a priority order that gives preference to people with a close relationship to the person who needs a guardian, such as a person they have nominated, their spouse, adult child, parent, or certain other relatives. A qualified professional, other competent person, suitable institution, or the Office of Public Guardian may also serve in appropriate circumstances. When the court determines it is appropriate, two people may also serve as co-guardians.

A guardian may be necessary when a minor or an incapacitated adult needs someone else to make decisions about their care, health, safety, or other personal matters and those needs cannot otherwise be adequately addressed. For an adult, the court will consider whether less restrictive alternatives, such as a power of attorney, are sufficient before appointing a guardian.

A limited guardianship is a court-ordered arrangement where a guardian is given authority over specific areas of a person’s life, while the individual retains their rights and decision-making authority in other areas. The court limits the guardian’s authority to the areas where the individual is unable to make or communicate responsible decisions for themselves.

Guardianships can vary based on the type of authority the court gives the guardian. A guardian may have authority over a person’s personal and medical decisions, authority over the person’s financial affairs and property, or both. The court may also appoint a limited guardian, whose authority is restricted to specific areas, or a guardian with broader authority over the areas identified in the court’s order.

In Utah, the time you have to file a lawsuit for breach of contract depends on the type of contract. Generally, you have six years to sue on a written contract and three years to sue on an oral contract. Some types of contracts have different deadlines, and a contract may also contain its own time limit for bringing a claim. The clock generally starts when the breach happens. Because the deadline can vary depending on the type of contract and the circumstances of the breach, it is important to consult an attorney as soon as possible if you believe a contract has been breached.

It depends on the amount you are trying to recover and the time, cost, and effort involved in pursuing the case. Before filing a lawsuit, consider: *Cost: Court fees, attorney fees, and other expenses may reduce or exceed the amount you are trying to recover. *Collection: Even if you win, the other person may not have the money or assets to pay the judgment. *Time and effort: A lawsuit can require paperwork, preparation, court appearances, and time away from work or other responsibilities. *Evidence: A case may be easier to pursue when you have clear evidence, such as a contract, text messages, receipts, or photographs. *Small claims court: For smaller disputes, small claims court may provide a simpler and less expensive option, and you generally do not need an attorney to represent you.

A breach of contract occurs when one party fails to do what they agreed to do under the contract without a valid legal excuse. The other party may be able to seek a remedy, depending on the circumstances and the terms of the contract. Possible remedies include: *Money damages: Compensation for losses caused by the breach.*Specific performance: A court order requiring the other party to perform the agreement, when appropriate. *Cancellation of the contract: In some circumstances, the contract may be canceled and the parties may be able to seek the return of what they provided under the agreement. The appropriate remedy depends on the type of contract, the nature of the breach, and the losses involved.

If you and your business partner disagree about how to run the business, the first step is to review your operating agreement or other governing documents. These documents should explain how business decisions are made, what happens when the owners cannot agree, and how disputes or deadlocks are resolved. If the agreement does not address the issue, or if the parties cannot resolve the dispute using the procedures in the agreement, the parties may need to consider other options, including negotiation, mediation, or legal action.

A demand letter is a letter sent to another party to notify them that there is a dispute and to request a specific action or outcome to resolve it. Depending on the situation, the demand may be to pay money owed, correct a wrong, return property, stop a particular action, or take some other specific step. The letter typically explains the basic facts of the dispute, states what you are asking the other party to do, and may provide a deadline for responding or complying. A demand letter is often an early step in trying to resolve a dispute before filing a lawsuit.

If you do not reach an agreement during mediation, the case does not automatically end. You can continue negotiating, return to mediation, or proceed with the case in court. If you reach an agreement on some issues but not others, you can resolve the agreed-upon issues and continue working on the remaining issues through the court system.

A complicated case can still be appropriate for mediation. Your attorney and mediator can help break the issues into manageable pieces and, when appropriate, involve financial, property, or other experts to help address complicated issues. You may also be able to use multiple mediation sessions rather than trying to resolve everything at once. If mediation is not successful or is no longer productive, you can continue working toward a resolution through other options, including the court process.

No, lawyers do not have to be present during mediation. Whether you bring a lawyer is entirely up to you, as the process relies on the direct parties and a neutral mediator rather than mandatory legal representation.
When Lawyers Attend vs. When They Do Not
⦁ With lawyers: Common in complex financial or high-conflict disputes where parties want direct legal advice and real-time negotiation support.
⦁ Without lawyers: Frequently used in simpler matters, community disputes, or friendly custody arrangements to reduce costs.
⦁ The Mediator’s Role: The mediator is a neutral third party and cannot provide legal advice to either side, even if no attorneys are present

Yes, lawyers can be present during mediation, and whether they attend depends on your choice and/or the type of case. In many legal and family disputes, attorneys actively participate alongside their clients, though some mediations are conducted without them.

Living far apart or being unable to travel to Utah is only a minor inconvenience because mediation can easily take place remotely through video conferencing or phone calls. Success relies on the skill of the mediator and your willingness to talk, rather than being in the same room.

No. You do not have to be in the same room as the other person during mediation. Mediation can take place in separate rooms, including private virtual breakout rooms. The mediator moves between the rooms to communicate with each person and help negotiate an agreement.

Yes, mediation is confidential, meaning that what is said, offered, or written during sessions usually cannot be used as evidence later in court. This privacy is protected by law, court rules, and a signed agreement to mediate that participants sign beforehand.

The length of mediation depends on the type and complexity of the case. Many mediations can be completed in a single session lasting somewhere between 4-8 hours, while more complicated cases may require additional time or follow-up sessions. Civil mediations may be scheduled for a half or full day, while family-law mediations are often completed in a single session.

Mediation is a private meeting where a neutral person, called a mediator, helps both sides talk through their disagreement and find a solution they can both accept. There’s no judge, and nobody is forced to agree to anything. Most mediations happen virtually, so you can join from home or your office. Each side is placed in its own separate virtual room, and the mediator moves between the rooms, so you usually won’t have to speak directly with the other side unless you want to. The mediator starts by explaining how the session will go and hearing each side’s point of view. They then talk with you privately about what matters most to you and pass offers back and forth until both sides reach an agreement. If you do, it’s written down and signed, and it can then be legally binding.

The cost depends on the type of case, how long the mediation lasts, and who the mediator is. *Family law cases (such as divorce, custody, or parent-time): Family mediators usually charge between $150 and $400 per hour. Many family cases take between 4-8 hours, meaning the total mediator fee can fall anywhere in the range of $600-$3,200. *Civil cases (such as personal injury, contract, or business disputes): Civil mediators usually charge between $250 and $1,000 per hour, or a flat fee for a half-day or full-day session. The total mediator fee typically ranges from about $2,000 to $10,000. Mediators with more experience, such as retired judges, tend to charge toward the higher end. *In both types of cases, the mediator’s fee is usually split between the two sides, though sometimes the parties agree to divide it differently. If your attorney attends the mediation with you, their time is billed separately from the mediator’s fee.

The Notice of Mediation confirms that your mediation is scheduled. It lists the date, time, mediator, and Zoom details. Attendance is often required, so please don’t ignore it. When you receive it: 1. Check the details and note any deadlines; 2. Save the date and plan to be available for the full session. Tell us right away about any conflicts; 3.Test your Zoom setup and plan to join from a quiet, private place; 4. Sign the Agreement to Mediate. The mediator will usually send this separately. It covers the rules, confidentiality, and fees. Please sign and return it before the mediation, and contact us first if you have questions; 5. Pay any required fee if the mediator asks for it in advance; 6. Gather any documents requested to prepare for the mediation.

Withdrawal of counsel is when an attorney formally ends their representation of a client in an active case. Depending on the stage of the case, the attorney may file a notice of withdrawal or may need the judge’s permission through a motion. Once the withdrawal takes effect, the client must either hire a new attorney or represent themselves, and the case deadlines keep running.

A Motion to Withdraw is an attorney’s formal request asking the judge for permission to stop representing a client. It is typically required when a hearing or trial is scheduled or a motion is pending. The attorney remains responsible for the case until the judge grants the motion.

A Proposed Order to Withdraw is a draft order submitted along with a motion to withdraw. It’s ready for the judge to sign if the request is granted. Withdrawal is not official until the judge signs the order. The signed order then becomes part of the case record.

A notice of withdrawal is filed by an attorney to formally end their representation of a client. It’s most commonly filed at the end of a case, after the final decree or judgment has been entered, to show that the attorney is no longer representing the client in that matter. It can also be filed during a case when the court’s permission isn’t required. In that situation, the client represents themselves unless they hire new counsel

A Notice to Appear or Appoint Counsel is served on a party whose attorney has withdrawn from the case. It informs that party that within a set time (21 days) they must either hire a new attorney or file a notice saying they will represent themselves. The case is generally paused during that period. Once the deadline passes, the case moves forward.

A Joint Defense Agreement is a private contract between separately represented parties who share a common interest in a case. It allows them to share confidential information without losing attorney-client privilege. It is normally kept between the parties and not filed with the court.

An Answer is the formal written response to a complaint or petition. It admits or denies each allegation and lists any defenses. It must be filed within a set deadline after you are served. If you don’t file one, the other side may be able to ask for a default judgment against you.

An Answer and Counterpetition is a single document filed by the respondent in a family law case. It responds to the petition and also makes the respondent’s own requests to the court, such as different custody or support terms. Once it’s filed, the original petitioner usually must file a written reply to the counterpetition by a deadline.

An Answer and Counterclaim is filed by a defendant in a civil case. It responds to the plaintiff’s complaint and also asserts the defendant’s own claims against the plaintiff. Once it’s filed, the plaintiff must respond to the counterclaim, much as the defendant responded to the original complaint.

In a divorce or annulment case, the vital statistics form is a state form that records basic information about the spouses and the marriage. It’s typically submitted when the case is filed. Once the divorce is final, the court sends it to the state’s vital records office so the divorce is officially recorded.

This form lists location information required by law in any case that involves child support, such as a divorce with minor children, a custody case, or a paternity case. It covers each parent’s address, phone number, employer, and identifying information. It is filed as non-public, so it is kept out of the public court record, and courts and child support agencies use it for enforcement. Parties are required to update it when the information changes.

This is a sworn statement establishing the legal grounds for the divorce, such as irreconcilable differences. It also establishes the residency requirements to ensure the court has authority to hear the case.

This is an attorney’s sworn statement filed to support a motion for attorney’s fees. It describes the work performed, the hourly rates, and the hours spent, and explains why the fees are reasonable. An itemized billing summary is attached. The judge decides whether to award fees based on the motion itself. This declaration shows the judge exactly how much is being requested, so the judge can determine how much the other party should be ordered to pay, including reducing any amount the judge finds unreasonable.

A declaration of income verification is a sworn statement, with supporting documents, confirming the income figures used to calculate child support or alimony.

This certificate states that the child support amount in a proposed order was calculated under the state’s child support guidelines, usually with the calculation worksheet attached. If the amount departs from the guidelines, it explains why. The judge uses it to confirm the support amount listed in the Decree of Divorce or Decree of Custody can be approved.

A discovery request is a formal written request from one party to another for information or evidence in a lawsuit. Common types are interrogatories (written questions), requests for production of documents, and requests for admission. The receiving party must respond by a set deadline. Ignoring requests for admission can result in the statements being treated as admitted.

A discovery response is the formal written reply to the other party’s discovery requests. It answers their questions, produces requested documents, and admits or denies specific statements. Responses are served on the other party by a set deadline and are usually not filed with the court. Answers to written questions are typically signed under oath. Any objections must be stated specifically, or they may be waived.

The caption at the top identifies the court, case name, case number, parties, and document title. The definitions section explains how key terms such as “document,” “communication,” and “you” should be interpreted, so the answers are complete. The opening section states who is making the requests, which rules apply, the response deadline, and instructions for answering.

The caption mirrors the one on the discovery requests and identifies the court, case, and responding party. The document begins with any general objections that apply to the requests as a whole. Each interrogatory, request for production, and request for admission is then copied exactly as it was served, with our response written directly underneath, including any objections specific to that request.

A notice of disclosure requirements informs the other party of their obligation to provide initial disclosures and the deadline for doing so. In family cases, those disclosures usually include a financial declaration and supporting documents. Once it’s served, the receiving party is on notice. Failing to comply can lead to sanctions, such as being barred from using information that wasn’t disclosed.

A statement of discovery issues is a short, expedited filing asking the judge to resolve a discovery dispute. Examples include a party refusing to respond or objecting to requests. The filing party usually must certify that they tried to resolve the issue first. The other side gets a short time to respond, and the judge often rules quickly, sometimes without a hearing.

This is a joint request by the parties for more time to finish gathering facts through discovery. Filing it does not extend the deadline on its own. The original deadline stands until the judge approves the request.

This is the order submitted with the Stipulated Motion to Extend Fact Discovery for the judge to sign. Once the judge signs it, the new fact discovery deadline takes effect.

A subpoena packet is the set of court forms used to issue a subpoena. A subpoena is an order requiring a person to testify at a hearing, deposition, or trial, or to produce documents or other evidence. The packet usually includes the subpoena itself, instructions, and a proof-of-service form. The subpoena must be properly served on the person, who must then comply or formally object.

A notice of intent to serve a subpoena informs the other parties that a subpoena will be served on someone. A copy of the proposed subpoena is served with the notice of intent. This process allows the other parties a chance to object before the subpoena is served.

An order on a motion is the judge’s written decision granting, denying, or partially granting a motion. Once the judge signs it and it’s entered on the case record, it is binding and the parties must follow it.

This is the written order that records the decisions the judge made at a hearing. One party, often an attorney, usually drafts it and sends it to the other side for approval of its wording before submitting it to the judge.

An order for attorney’s fees requires one party to pay some or all of the other party’s legal fees. The court enters it after one party asks for fees, usually in a motion. The request must have a legal basis, such as a statute, a contract, or, in family cases, one party’s need and the other’s ability to pay. Once entered, the order is enforceable, and unpaid fees can be collected like other court-ordered amounts.

A notice of hearing informs all parties of the date, time, and location or remote-access details of a scheduled hearing. Once it’s served, everyone is expected to attend. Missing the hearing can mean the judge rules without your input.

A notice of mediation informs the parties of a scheduled mediation, including the date, time, location, and mediator. Mediation is a confidential meeting where a neutral mediator helps the parties try to reach a settlement. Once the notice is served, the parties are expected to attend and participate in good faith.

A motion to continue asks the court to postpone a scheduled pre-trial conference, hearing or trial. A motion to vacate asks the court to cancel it entirely. The motion should explain the reason and usually states whether the other side agrees. Until the judge grants it, the conference or hearing stays on the calendar and the parties should plan to attend.

A motion for temporary orders asks the judge to set rules that apply while a family case is pending. These can cover custody, parent-time, child support, alimony, or who stays in the home. If granted, the temporary orders remain in effect until the final decree replaces them or the court modifies them.

A Request to Submit tells the judge that a motion is fully briefed and ready to be decided. It is filed after the deadlines for the opposition and reply have passed. Once the Request to Submit is filed, the motion, opposition, and reply with any associated documents get submitted to the judge for review and so that a ruling can be made.

A stipulated order is an order that both parties have agreed to and signed, then submitted to the judge for approval. Once the judge signs it, it has the same force as any other court order.

A stipulated motion to dismiss is a joint request by the parties to end the case, or part of it, usually after a settlement or reconciliation. The case closes once the judge signs the dismissal order. A dismissal “with prejudice” means the same claims can’t be refiled; “without prejudice” means they can.

This notice tells the court that the parties have attended required mediation or have been excused from it. Utah courts require mediation before a contested family law case can go to trial. Mediation can also be required by the court in other types of cases as well. Filing the notice of compliance allows the case to move forward to trial scheduling.

A client’s declaration is a written statement of facts the client personally knows, signed under penalty of perjury. It is typically filed to support or oppose a motion and serves as the client’s testimony on those facts. Statements must be truthful, because a false declaration can be treated as perjury.

An affidavit of non-military service is a sworn statement that the opposing party is not on active military duty. Under the federal Servicemembers Civil Relief Act, it is required before a court can enter a default judgment. It’s usually supported by a search of the Department of Defense’s SCRA database and filed with the request for default.

A Service Notification for a “Not Signed Order” is sent electronically by the Court to inform the parties as to why a proposed Order was not signed. Usually, the Court will leave a Note on the notice giving details and/or instructions for the party that filed the original proposed Order, if needed. Once any instructions given by the Court have been completed by the filing party, they will resubmit the amended proposed Order for review by the Court.

A custody decree (sometimes called a “Order of Custody, Parent-Time and Child Support”) is a final order establishing legal and physical custody of a child and a parent-time schedule, often incorporating a parenting plan. It is common in cases between unmarried parents. It remains in effect until a court modifies it or the later of when the child/children in question turn 18 years old or graduate from high school.

An order of modification changes the terms of an existing decree, such as custody, parent-time, child support, or alimony. It is entered after a petition to modify, which usually requires showing a significant change in circumstances. Once entered, the new terms replace the old ones going forward.

Findings of Fact and Conclusions of Law are the judge’s written explanation of which facts the court found true and which legal rules it applied. They support a final decree or order and are often drafted by a party and submitted alongside the decree.

A motion for entry asks the judge to enter a final decree or judgment. This happens either because the other party failed to respond (a default) or because the parties have reached an agreement. It’s filed with the proposed decree and supporting documents. The case is resolved once the judge signs.

This notice informs the other party that the judge has signed and entered the divorce decree. A copy of the entered Decree of Divorce is included along with the notice. It matters because deadlines for post-decree motions and appeals generally run from the date of entry, and because once the orders are entered by the court, the parties are bound to follow them.

This notice informs the other party that the judge has signed and entered a decree of annulment, which declares the marriage legally void. As with a divorce decree, deadlines for post-decree motions and appeals generally run from the date of entry.

A notice of entry of judgment informs the other parties that the court has entered a final judgment, and a copy of the judgment is included with it. Serving the notice helps establish when deadlines for post-judgment motions and appeals begin to run. The judgment itself is binding from the moment it’s entered, and the parties must comply with its terms from that point forward.

A notice of default judgment informs a party who did not respond to the case that a judgment has been entered against them, and a copy of the judgment is included with it. The judgment is binding from the moment it’s entered, even though that party did not participate, and they must comply with its terms. They may have a limited time to ask the court to set aside (undo) the default, and must show a valid reason for doing so.