Practice Areas and Legal Definitions

Divorce:
If you are considering a divorce, you should consult with an attorney.  An attorney can help you determine your best course of action and give you an idea how your case ought to turn out.  Most importantly, an attorney can reduce the stress and worry during a difficult time in your life.

Either person in a marriage can be granted a divorce on the grounds of irreconcilable differences.  But there are other important issues intertwined with the divorce:  Will I have to pay alimony?  Can the court order the other side to pay alimony?  What about custody of the children, and child support?  What about dividing the property and debts from the marriage?

In some cases there are even more important issues, such as spousal abuse, restraining orders, and parental alienation.  If you are looking for an attorney who can help you through all these issues, call the number below or fill in the form and we can schedule a consultation.

Spousal Support (Alimony):
Alimony in Utah is based on three main factors:  the financial condition and needs of the receiving spouse, the receiving spouse's ability to meet his or her own needs, and the paying spouse's ability to pay alimony.  The court will also look at other factors, such as whether there are minor children in the home, the duration of the marriage and the standard of living during the marriage.

Most of the time, the court will not order alimony unless one spouse can show that he or she is unable to support himself or herself, because of lost earning opportunities during the marriage.  The first step, however, is determining whether one party has a financial need.

Child Support:
Child support is based on the parties' incomes and the number of overnights each parent spends with the child.  Although child support is paid to the custodial parent, the right to child support is a right held by the child, not the parent.  Thus, the right cannot be waived by either parent.

Child Custody:
In deciding whether to award joint or sole custody, the court will look at the best interests of the child.  Utah law has numerous factors for the court to look at in determining which spouse should have custody. 
The way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state.  Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

Property and Debt Division:
While you were married, you bought property, such as a house, one or more cars, household furniture, and other tangible items.  You might also have opened a checking account, a savings account, a retirement account, CD's, or other accounts.  At the same time, you incurred debts in order to pay for some of your purchases, such as a mortgage, a car loan, credit cards, an RC Willey card.

The court will divide your property and debts on an "equitable" basis.  The term "equitable" in this context means "fair", not "equal".  An attorney can help you show the court how to divide the property and debt fairly, and help you achieve a better result.  Without an attorney to help you, there is a significant risk that the division will not go the way you hoped.

Jurisdictional Issues:
A parent who wishes to relocate with children must give notice to the other parent.  A parent who moves without giving notice faces the risk the court will change its decision as to custody.  If you are divorced and thinking of moving, you should consult an attorney before you make any decision.  If your ex-spouse is moving, you should consult an attorney as soon as possible to make sure your parental rights, as set out in the court's previous orders, are not violated.

Divorce/Family Law Mediation:
I always encourage my clients to attend a mediation when they have a divorce or family law issue.  In fact, the courts often require the parties to attend at least one mediation before the case will go to trial.

A mediation is an excellent way for both sides to resolve their differences without a long, exhausting, and expensive court battle.  Often, it turns out that both sides are in agreement about many of the issues, they just didn't know it.  A mediation can save you time, money, and stress.

Although you can attend a mediation on your own, you should have an attorney with you.  An attorney can advise you about how to handle the other side's demands.  An attorney can advise you about what the court might do, when confronted by the facts of your case.  Most importantly, an attorney can help keep you focused on what's important, in an often-stressful situation.

A mediation is a cost-effective way to resolve your issues.  I have attended many mediations and I would be happy to guide you through your case, through the mediation, and beyond.

If you or someone you know in Utah is involved in a divorce or child custody case and needs the assistance of an experienced Salt Lake City Family Lawyer, call Attorney Russell Gray today at 866-736-2147, or complete the contact form provided on this site to schedule your initial consultation.

• University of Utah, B.A., English, 1998
• University of Oregon School of Law, J.D., 2003

• Utah
• Alaska

• Utah State Bar Association
• Alaska State Bar Association
• Utah Association for Justice