Family Law & Divorce Attorneys In Holladay, UT

By Jill Coil, Founder and Family Law Attorney, Utah State Bar

Quick answer: Holladay is in Salt Lake County, so a divorce is filed in the Third Judicial District Court, ordinarily at the Matheson Courthouse in downtown Salt Lake City. You or your spouse must have lived in Utah, and in Salt Lake County, for at least three months before filing, and Utah Code § 81-4-402 requires 30 days between filing and the signing of a decree. Holladay children attend Granite School District schools.

Many types of legal matters are difficult to navigate, but familial disputes add another layer of complexity and emotion to legal proceedings. This is in large part because many family law issues involve children, which means that extra care should be taken to shield them from any of the negative effects of domestic litigation. If you live in the Holladay area and are considering a divorce or grappling with a custody matter, it is imperative to contact experienced family law attorney Jill L. Coil who can ensure that the interests of all parties, especially any children, are protected.

Practice Areas

Our firm handles a variety of legal matters related to family disputes, including:

• Adoptions
• Annulments
• Child Custody
• Child Support
• Criminal Defense (Adult and Juvenile)
• Department of Child and Family Services (DCFS) Actions
• Domestic Litigation
• Domestic Partnership
• Domestic Violence (Protective Orders)
• Family Law Proceedings
• Juvenile Defense
• Paternity/Paternity Suits
• Post-Judgment Modifications
• Pre & Postnuptial Agreements
• Spousal Support

Adoptions

In Utah, family members, stepparents, foster parents, and other approved families are all potential candidates for adopting a child. However, families who wish to become adoptive families must meet a series of requirements, including:

• Completion of an approved adoption training program;
• Assessment and approval after the completion of a home study by a licensed child placement agency;
• Obtainment of a foster care license, meeting the same standards, or receiving a waiver; and
• Approval by Child and Family Services, stating that no conflict of interest exists in the adoption process.

Home studies require that caseworkers conduct specific assessments, including:

• Criminal background checks;
• Child abuse screening;
• Behavioral assessment of parents and children living in the home;
• Health status verification;
• Financial status verification;
• Home safety assessment; and
• Assessment of parenting skills.

Acquiring the necessary assessments and adhering to any filing deadlines can be a confusing and time-consuming process. Fortunately, an experienced family law attorney can help prospective adoptive families navigate the legal system successfully.

Establishing Paternity

Another important aspect of family law is the establishment of paternity. Once paternity is confirmed, fathers owe certain duties to their children, including:

• Financial support through child support payments;
• Inclusion on any medical insurance policies;
• Rights to inheritance;
• Physical and legal custody;
• Visitation; and
• Establishing citizenship.

Because establishing paternity can have such important and far-reaching consequences for both parents and children, it is vital to obtain the advice of an attorney if you or a loved one are disputing or attempting to establish paternity.

DCFS Actions

When DCFS receives information alleging child abuse, neglect, or sexual abuse, it will investigate to substantiate or dismiss the claims. This often requires a home visit and the collection of witness statements from children in the home, neighbors, and family members. Many claims are unfounded, but DCFS is required to investigate, which can be an intimidating and emotional experience.

If DCFS finds evidence of abuse, it can take many actions, including:

• Removing any children from the home;
• Filing criminal charges;
• Conducting in-depth questioning and interviews; and
• Initiating custody proceedings to permanently remove the child from his or her guardian’s care.

DCFS actions should always be taken seriously, as they can have devastating repercussions on a family’s well-being, as well as on employment, finances, and custody determinations.

If you live in Holladay and have been charged with abuse or neglect, are in the process of adoption, are attempting to establish or dispute paternity, or are involved in another family law matter, please contact Jill L. Coil at CoilLaw, LLC by calling (801) 884-3775 to schedule an initial consultation.

4. How is child support calculated in Utah?

Under the income shares guidelines, which combine both parents’ gross monthly income with the number of overnights each parent has and read a figure from the statutory tables. Work-related childcare and the children’s medical expenses are typically shared separately, in proportion to income.

5. What if I want to move away with the children?

A move of 150 miles or more requires 60 days’ written notice to the other parent and to the court, which then considers whether the relocation and the proposed schedule serve the children’s best interests. A move within the Salt Lake Valley is not a statutory relocation, though it can still raise a school-boundary question.

6. Do I need a reason to file for divorce?

No. Utah permits a no-fault divorce on the ground of irreconcilable differences, which is how the large majority of Holladay cases are filed. Fault grounds remain available in the statute but are rarely necessary and seldom change how property is divided.