Are you drowning in legal paperwork? Feeling lost in a maze of court dates, custody battles, and emotional turmoil? Family law can be a hurricane that can tear through your life, leaving you exhausted, confused, and terrified about your future and your children’s well-being.
You might think you can handle this alone, but let’s be real: child custody and family law challenges are brutal. They drain your energy, empty your wallet, and push you to emotional limits you never knew existed. Our attorneys and family law services provide a lifeline. We transform those complex legal challenges into clear, actionable strategies that protect what matters most: your family’s future.
Why Do We Practice Family Law?
When I was in law school and first started practicing, I never would have imagined practicing family law. In fact, I never took a family law class in law school and only did estate planning starting out of school. I first realized that I wanted to switch my focus to protecting families while doing a free legal clinic for CAPSA (an organization focused on providing services and shelter to victims of domestic violence). I quickly realized that who you pick as an attorney can make a huge difference in the outcome of a family law case and that often, the best thing for all parties involved especially the kids, is to resolve the dispute quickly and set the parents up for success on their co-parenting relationship moving forward.
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Reflecting on my own life, I further realized the importance of eliminating contention in the home. I’ve seen how much of a difference having a healthy vs. unhealthy marriage makes. My wife and I are not shy in sharing that the first few years of our marriage were rough. We both wondered at times if divorce would be better for us. Luckily for us, we found a way to get past our differences (let’s be honest, I was a punk kid who had some growing up to do, and once I stopped being so selfish, a lot of things got a whole lot better). Through many years of working together, we now have a beautiful family with some pretty cute kids. That being said, during those rough years, I realized that there is no way you can focus on Joy and Success when your basic needs haven’t been met (look up Maslow’s hierarchy of needs if you want to read more on this topic).
If there is contention in the home, your most basic needs aren’t being met. Therefore, we have dedicated our services to resolving and preventing those types of conflicts.
We Are Not in the Business of Selling Divorce
People call us looking for solutions to their legal problems. Many times, they call us looking for a divorce or provide information on what a divorce looks like. We are not hiding the ball here; we financially benefit when people get divorced and/or have legal problems we can solve. We never want someone to think that we are trying to convince someone or advise them to get divorced. If you meet with us, we will go through all of your options and provide you with as much information as we can so that you can make the very personal decision about whether you should get divorced. But we will never try to convince you that’s the right choice. Bad marriages can get better, and if that’s what’s right for you, then we hope it works for you as it does for others. However, if divorce is the right step, then we’ll do all that we can to make it as fast, affordable, and good as possible.
Child Custody Advice in Logan, Utah: What You Need to Know
Facing a child custody case feels like walking through a minefield blindfolded. Utah courts have specific guidelines that can make or break your case, and one wrong step could cost you precious time with your children. We can break down these complex Utah legal services into language you can actually comprehend.
Utah courts prioritize the child’s best interests above everything else. This means judges look deeply into factors like the emotional connection with each parent, the financial stability of each household, the child’s established living environment, each parent’s ability to support the child’s physical and emotional needs, and any history of domestic violence or substance abuse.
Your legal representation matters more than you might realize. We’ve seen countless cases where parents thought they could handle things independently, only to lose critical ground in court. Our attorneys understand the nuances of civil litigation and how to present your case most effectively.
Understanding Legal Fees and Financial Support
Money shouldn’t prevent you from protecting your family. We work closely with federal poverty guidelines to make legal assistance accessible. Many families worry about legal fees, but our approach focuses on transparent, upfront pricing and multiple payment options.
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Child support calculations in Utah involve complex mathematical formulas. Here are the key components considered:
- Each parent’s gross monthly income
- Number of children requiring support
- Percentage of time children spend with each parent
- Additional childcare or medical expenses
Critical Legal Documents You’ll Need
Preparing the right legal documents requires careful attention and strategic planning. Our attorneys will help you collect documentation that tells your family’s story effectively. Each document serves a critical purpose in demonstrating your commitment and capability as a parent.
You’ll need to compile various records that paint a complete picture of your family dynamics, financial stability, and parental involvement. This includes detailed parenting plans, income verification statements, medical records, educational documents, and communication logs between parents. We can review every document to ensure it meets Utah court standards, reducing potential complications and increasing your chances of a favorable outcome.
Securing Full Custody: What Utah Courts Consider
Full custody isn’t impossible, but it requires preparation. Utah courts examine multiple factors when determining sole custody, looking beyond simple surface-level assessments to understand the complex dynamics of your family situation. Judges will deeply investigate your ability to provide a stable home environment, your history as a primary caregiver, and your capacity to meet your child’s emotional and physical needs. They consider the child’s preference if the child is of appropriate age and look closely at each parent’s mental and physical health.
We can help build compelling narratives that showcase why you’re the most suitable primary caregiver.
Rights and Protections in Family Law Cases
Civil rights play a massive role in family law. You have legal protections that prevent unfair treatment, and our attorneys are passionate about defending those rights. We track potential issues that could compromise your legal standing, making sure that you’re treated fairly throughout the legal process. The approach involves monitoring potential discriminatory practices, improper handling of legal documentation, and violations of parental rights. We stand vigilant against any attempts to undermine your legal position or family integrity.
Knowledge becomes your most powerful tool in legal battles. We empower you with comprehensive legal information, helping you make informed decisions every step of the way.
FAQ
How Long Does it Take to Get Divorced?
It can vary depending on whether it is contested or uncontested (whether or not you have to go to court), but on average, an uncontested divorce takes about 3–6 months, and a contested divorce takes about 1–3 years. Mediation can help speed this process up by helping the parties bridge the gap between their differences.
Can I Get Alimony?
Certain elements have to be met in order for the court to consider granting alimony, including (1) who is at fault for the divorce, (2) whether one party gave up making money/going to school, to support the other while they furthered their career, (3) whether both parties are self-sufficient, and (4) the discrepancy in how much each party can make.
There is no set calculation for how alimony is calculated, and the courts vary widely on how much, if anything, is awarded. One method of calculation is to try to make the amount each party makes equal. For example, if one party makes $2,000 per month, and the other party makes $800 per month, the court would add the two wages together ($2,800) and divide by two ($1,400) and then subtract from that amount the lesser wage ($1,400 – $800 = $600) and require the person who makes more money to pay the person who makes less the $600 (constructively making it so that both parties make $1,400 per month). Again, the courts are not required to use this calculation, and there are a lot of factors the courts consider, but this is one method of calculation.
It’s important to note that Alimony ends at the first of the following events to occur: (1) re-marriage of the receiving party, (2) death of either party, (3) cohabitation of the receiving party with a member of the opposite sex, or (4) the number of years the parties were married (for example, if you were married for three years, you can typically only receive alimony for up to three years).
Who Gets the Marital Home When We Get Divorced?
Typically, the children stay in the home upon divorce, and the person awarded the majority of time with the children will also get to stay. No matter who lives with the children, both parties should get one-half of the equity in the home, and the person staying in the home will typically be required to refinance the home solely in their name and be solely responsible for making the mortgage payments.
Who Is Required to Pay the Debts in the Divorce?
The courts will typically split debts equally between the parties. The exception is student loan debts, which are typically given to the party who benefits from taking out the student loans.
When Can I Expect to Get Paid Child Support?
Child support payments do not typically start until after the court is asked to start them. Usually, the parent with whom the children are staying will file a motion for temporary orders in which they ask the court for child support. This process usually takes about 1–2 months; however, in some cases, the judge will backdate child support to the date the parent filed the motion for temporary orders.
How Much Will I Have to Pay/Will I Get in Child Support?
There is very little wiggle room in how much will be paid in child support. The amount is based on how much money each party makes per hour and how many over-nights the children stay with each parent.
What Is the Difference Between Joint Custody and Sole Custody?
The real question is actually, “What is the difference between physical and legal custody?” This is one of the most confusing areas of law because TV so frequently gets it wrong. Physical custody is with whom the children live. If both parents have more than 111 overnights with the children, it is “joint physical custody, ” and if one parent has less than 111 overnights, then the parent with most of the nights is considered to have “sole physical custody.”
“Legal custody” is who gets to make the big, life-changing decisions, such as where to go to school, what religion the children will attend, and medical decisions. Rarely will a court not award “Joint Legal Custody,” meaning the parents need to make these decisions together. To aid in making these decisions, the court will require the parents to make a “parenting plan,” which discusses how the decisions will be made and what happens if the parents can’t agree.
What if I or My Spouse Wants to Move Out of the State of Utah?
Utah law has a specific standard for visitation/parent time any time either party moves more than 150 miles from the other party. Typically, what happens is the non-custodial parent will get less frequent time with the children, but the time they do spend with the children will be for a longer duration. Often, more time is given over the summer to the long-distance parent. You should notify the court at least 60–90 days prior to moving out of the state to allow enough time for the court to make any needed changes and rulings.
Who Gets the Car/Couch/TV/Other "Stuff"?
Property is typically equally split between the parties unless they can agree on who gets what. Each party can be ordered by the court to return certain items or be granted certain items. Property can be determined at mediation and agreed upon as well to help avoid court hearings and the cost of going to court.
What Is Mediation, and Do I Have to Attend?
Mediation is where everyone involved comes to the table with an attorney who mediates the issues not agreed upon. The attorney is neutral and has no prior knowledge of either party, so they are not on either side. The mediator will help the parties to give and take and come to a fair resolution of the issues without the need for a judge or court hearing and the costs of going to court. They also maintain that what the parties agree to is within the requirements of the law.
What Is a Motion for Temporary Orders?
Contested, nasty divorces can take 1–5 years. In the meantime, a court hearing for Temporary Orders can be requested by either party if they cannot agree between themselves (or mediation) as to who should have temporary custody, the amount of child support, etc. At this hearing, the judge will determine what the parties are to do for the duration of the divorce action.
Can You File for Divorce Without an Attorney?
The Utah Court website has forms and instructions on how to file for divorce without an attorney: https://www.utcourts.gov/selfhelp/ and https://www.utcourts.gov/ocap/. This process can be difficult, but if both parties are willing to work together, it can be done; however, if the other side ever gets an attorney involved, DO NOT GO IT ALONE. Attorneys are required by law to act in the best interest of their clients, which in this case would mean taking advantage of the fact you are unrepresented. Do not let a goofy procedural rule be the deciding factor in who gets custody of your children.
Another alternative to hiring an attorney for divorce is to hire a mediator. Before either party has an attorney, you can hire one mediator to help you resolve the issues in your case. Utah law also allows for a mediator to draft and file all the needed documents to effectuate your divorce if you reach an agreement. This process is often faster, cheaper, and better than hiring attorneys or going it alone. The only downside is that both parties must be willing to participate in an honest, fair discussion.
Can the Original Decree of Divorce Be Changed?
A Decree of Divorce can be changed if there is a “material change of circumstance.” This rule should be explained in your decree. A material change of circumstance would be, i.e., a significant change in income which would increase or decrease the amount of child support owed; a parent moves outside of the State of Utah and parent time needs to be changed to reflect this move; a parent loses their job and no longer has the ability to care for the children and a change in custody needs to be addressed; and a change in alimony due to a change in employment or income.
“Insanity [is] doing the same thing over and over again and expecting different results.” — Albert Einstein
