Family Law

While the duration of each case varies, Utah has a mandatory 30-day waiting period for divorces. This 30-day waiting period starts the day the petition is filed. This waiting period is not usually waived by the courts.

Yes, if your divorce involves a minor child. However, if your case pertains to custody/paternity, divorce (without minor children), or modification of prior court orders, then you won't need to take these courses.

Legal custody determines which parent gets to make decisions for the minor children. Sole legal custody grants one parent the exclusive authority and responsibility to make all significant decisions regarding the minor child’s upbringing without needing to consult or obtain the consent of the other parent. Whereas, joint legal custody involves both parents sharing the responsibility and authority for making important decisions about their child's life. In Utah, there is a rebuttable presumption that joint legal custody is in the best interest of the child.

Physical custody determines where the children will reside. Sole-physical custody means that the child stays with one parent overnight for less than 30% of the year, the parent-time schedule associated with sole-physical custody is outline in Utah Code Ann. § 30-3-35. Whereas, joint-physical custody means the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the expenses of the child in addition to paying child support, common joint physical custody parent-time schedules are found in Utah Code Ann. § 30-3-35.1 and § 30-3-35.2.

Child support in Utah is based upon each party’s gross monthly income and the number of overnights the minor child resides with each parent.

The Court will first determine whether the property is marital or separate property. Each party is presumed to be entitled to all of his/her separate property and 50% of the marital property. However, there are exceptions to this general rule.

Alimony, or spousal support, is determined by the court’s discretion based on individual circumstances. Factors considered include the recipient’s financial needs, earning capacity, and the paying spouse’s ability to provide support. Generally, the court may not order alimony for a period of time longer than the length of the marriage.

It depends if the case is uncontested or contested. For uncontested divorce cases, Ellsworth Law Firm charges a flat fee of $2,500.00. For contested divorce cases, call for a quote.