Family Law

Legal Issues that Face Families

Family law is a practice area that encompasses the legal issues that face families. These issues include:

• divorce
• spousal support
• child support
• custody
• division of assets and liabilities due to divorce
• adoption
• termination of parental rights
• paternity
• dependency and child neglect
• protection from abuse

Dissolution of Marriage

Divorce in Utah is referred to as Dissolution of Marriage and is conducted as a civil action, with one party, the Petitioner, filing a Petition for divorce, and the other party being named as a Respondent.  Divorce ends marriage and all legal relationships between couples, except those relationships and obligations specified in the decree of divorce, such as spousal support, parenting arrangements and support of children, division of property and payment of debts.  Utah divorce laws allow for no-fault divorce on the grounds of irreconcilable differences.

Child Custody & Support

Utah law encourages couples, as much as possible, to make decisions regarding child custody and support, property division, special maintenance and other matters between themselves, and to create a written divorce decree with the help of their lawyers.  If the couple cannot agree on one or more of these issues, the court will make the decisions for them.

Division of Property

Utah law recognizes that both spouses contribute to the property acquired during the marriage, regardless of the income source.  Utah requires an “equitable,” though not necessarily equal, division of such property.  The courts have the power to divide all property owned by either or both of the spouses, regardless of whose name it is in or where it is located, and there are special rules for dividing property owned by the spouses before marriage or received by gift or inheritance.  Matters such as these need to be carefully handled because of the long lasting effects they will have upon the family.  Therefore, it is highly advantageous to consult and hire an experienced Family Law attorney or lawyer to represent you through the often complicated process.