In Utah, you don’t get a court-appointed lawyer for a divorce case because a divorce case is a civil, not a criminal, matter. That means even if your divorce case affects your home, your finances, or your relationship with your children, you’re expected to represent yourself unless you can hire or find a lawyer willing to help you free of charge (also known as pro bono). And the system isn’t designed to guide or protect self-represented litigants, and judges often treat them with skepticism, even disdain. So go in with your eyes open.
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If you’re involved in a Utah divorce or custody case and can’t afford a lawyer or don’t want to pay a lawyer, you might assume the court will appoint one for you. That assumption is wrong. In Utah, and almost everywhere else in the U.S., the courts do not appoint lawyers for people in divorce or custody disputes. That surprises many people. Let’s dispel the surprise with a better understanding.
Why There’s No Right to a Lawyer in Divorce Cases
The basic reason is that divorce and custody disputes are civil, not criminal, matters.
In criminal cases in which the defendant faces a realistic possibility of jail or prison time and he/she can’t afford a lawyer, the U.S. Constitution guarantees the defendant one because his/her right to liberty is at stake.
In a civil case, even one involving your marriage or your children, the government isn’t threatening to imprison you. That means the constitutional right to appointed counsel doesn’t apply.
Utah follows this same rule. There’s no statute, rule, or case law that gives you a right to a publicly funded lawyer for a divorce case.
A Few Narrow Exceptions
There are only a few limited exceptions to this rule in Utah:
- Termination of Parental Rights (TPR) cases in juvenile court. If the state is trying to permanently sever your parental rights, you have a right to appointed counsel.
- Child Welfare cases (DCFS involvement) — parents accused of abuse or neglect are often entitled to appointed counsel because the state is a party to those proceedings.
But if you’re in a regular district court divorce or custody fight (even if the outcome will determine whether you see your children) you’re not entitled to appointed counsel. Protective order hearings can sometimes trigger short-term legal aid, but that is not a court-appointed attorney situation, and even short-term legal aid is rare and not full representation.
Representing Yourself in a Divorce Case Is Allowed (But It’s Risky)
Contrary to popular belief, you don’t have to hire a lawyer to get divorced or to defend yourself in a divorce case. Utah law allows you to represent yourself if you choose, though it’s rarely easy to do well. Whether you should go it alone is another question entirely.
“Self-Representation” Sounds Better Than It Is
Utah courts and the state’s website use the term “self-represented litigant” or “pro se party.” That may sound empowering, but it’s not reality.
Representing yourself in family court means you’re expected to know and follow:
- the Utah Rules of Civil Procedure
- the Utah Rules of Evidence
- local court rules
- deadlines, filing requirements, and hearing procedures
And you’re supposed to do all that while juggling work, kids, finances, and the emotional strain of a breakup.
The court clerks and judge can’t give legal advice. The “self-help” resources (forms and informative websites) offered online or in courthouses are, to be fair, quite good, but are still limited.
So while you technically have “access” to the courts if you go it alone without a lawyer, it’s not the same thing as meaningful access. Even the most well-prepared and articulate self-represented party is usually at a disadvantage. Why?
Many judges, consciously or not, take a dim view of litigants who appear in court proceedings without lawyers. Some assume that pro se litigants must be difficult, unreasonable (even crazy), or simply out of their depth.
That bias shows up in subtle ways: impatience with procedural missteps, skepticism toward arguments, shortness with the litigant in hearings, or giving the opposing attorney more leeway. A pro se party can be fully prepared, polished, and competent and still be dismissed as amateurish simply because he/she lacks a bar license (i.e., isn’t a member of the legal profession club).
That doesn’t mean it’s impossible to succeed without a lawyer, but it does mean the deck is stacked in ways that most people don’t see until they’re already deep into the process. If you’re considering representing yourself, keep that reality in mind; you’ll need more than adequate preparation; you’ll need persistence, self-control, and you’ll need to present yourself and your case in darn near perfect form when the system itself doesn’t take you seriously.
The Consequences of Going It Alone
People representing themselves in family court often make critical mistakes; not because they’re careless, but because they don’t know what they don’t know.
- they miss deadlines because they don’t know about them
- they file incomplete financial declarations because they don’t understand the form or its importance
- they make poor evidentiary choices because they don’t know the rules of evidence
- they fail to preserve the record for appeal because they have no idea what that even means or why it’s important
Judges and commissioners may try to be patient, but they can’t (and shouldn’t) act as your lawyer or indulge ignorance and a lack of preparation. What am I saying? When one side has a lawyer and the other doesn’t, the playing field is rarely level, no matter how hard everyone tries to be “fair.”
The Justice Gap
Utah’s courts are full of unrepresented litigants. Thousands of divorce cases often consist of one or both parties proceeding pro se. Family law is where this “justice gap” shows most starkly.
Legal aid organizations do what they can, but resources are thin. Many people make too money much to qualify for free help but too little to afford market-rate legal services.
The result is a system where the majority of family law litigants appear alone in cases that can affect every part of their lives.
So What Can You Do?
If you’re stuck representing yourself, don’t despair, but don’t underestimate the challenge.
- Educate yourself.
- Use the Utah State Courts’ online resources
- Read (and correctly understand) the statutes (Utah Code Title 81)
- Read (and correctly understand) the applicable Utah Rules of Civil Procedure and Utah Rules of Evidence.
- Get limited help if you can.
- Some lawyers offer “limited scope” representation where you pay for help with specific tasks (like drafting, reviewing, or coaching) instead of full representation.
- Even a one-hour paid or free initial consultation can prevent expensive or irreversible mistakes.
- Stay organized and factual. Courts respond better to facts and documentation than to emotion and speculation.
Utah’s courts are not going to give you a lawyer in your divorce or custody case no matter how high the stakes feel. That’s not because they don’t care; it’s because the system doesn’t require it. Whether that’s fair or not is separate question. But if you’re walking into family court without a lawyer, know (and accept) what that really means and prepare accordingly.
Utah Family Law, LC | divorceutah.com | 801-466-9277