(most definitions are from or based upon Black’s Law Dictionary, but some are from Utah sources, other sources, or are my own)
ADR (alternative dispute resolution). Any procedure for settling a dispute by means other than litigation, as by mediation or arbitration. See mediation.
See also court-annexed ADR. Any one of several methods of nonjudicial dispute resolution that take place in accordance with a court order.
See also Utah Code § 81-4-403. Mediation program.
age of majority. The status of one who has attained the age (in Utah, age 18) at which one is entitled to full civic rights and considered legally capable of handling one’s own affairs. The age at which one is considered to be an adult. See age of majority under AGE. Cf. MINORITY (1).
age of minority. The quality, state, or condition of being under legal age, i.e., not the age of majority.
abuse (in the context of domestic violence and abuse of minor children). As defined in Utah law, “abuse” it covers everything from physical abuse to sexual abuse to emotional abuse. Utah Code § 80-1-102 (Juvenile Code definitions) subsection (1)(b) provides that “Abuse” does not include: “(i) reasonable discipline or management of a child, including withholding privileges[.]”
child abuse. 1. Intentional or neglectful physical or emotional harm inflicted on a child, including sexual molestation; esp., a parent’s or caregiver’s act or failure to act that results in a child’s exploitation, serious physical or emotional injury, sexual abuse, or death. 2. An act or failure to act that presents an imminent risk of serious harm to a child.
sexual abuse. an illegal or wrongful sex act, esp. one performed against a minor by an adult.
emotional abuse.
emotional abuse of a child
See Interest of A.B. (Supreme Court of Utah) November 25, 2022, 523 P.3d 168, 2022 UT 39:
“In relevant part, ‘abuse’ is defined as ‘nonaccidental harm of a child’ or ‘threatened harm of a child.’ And ‘harm,’ in turn, is defined most relevantly as “emotional damage that results in a serious impairment in the child’s growth, development, behavior, or psychological functioning.’”
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-
- 80-1-102(37)(b) reads as follows:
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(37) “Harm” means:
(a) physical or developmental injury or damage;
(b) emotional damage that results in a serious impairment in the child’s growth, development, behavior, or psychological functioning;
(c) sexual abuse; or
(d) sexual exploitation.
So it appears that at last one implicit definition of “emotional abuse” emotional damage that results in a serious impairment in the child’s growth, development, behavior, or psychological functioning, thus qualifying as a form of harm, which constitutes a form of abuse.
affidavit. a written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oath.
See also “verified declaration”
alimony. a court-ordered allowance that one spouse pays to the other spouse for maintenance and support while they are separated, while they are involved in a matrimonial lawsuit, or after they are divorced; esp., money that a court orders someone to pay regularly to his or her former spouse after the marriage has ended. Also termed spousal support or maintenance.
An excellent primer on determining whether alimony is merited and how much alimony is to be awarded is found in Smith v. Smith, 2024 WL 1003719, 2024 UT App 28 (Court of Appeals of Utah):
¶9 “Under Utah law, the primary purposes of alimony are: (1) to get the parties as close as possible to the same standard of living that existed during the marriage; (2) to equalize the standards of living of each party; and (3) to prevent the recipient spouse from becoming a public charge.” Fox v. Fox, 2022 UT App 88, ¶ 15, 515 P.3d 481 (cleaned up), cert. denied, 525 P.3d 1263 (Utah 2022). An alimony award need not provide “for only basic needs but should be fashioned” in such a way “to approximate the parties’ standard of living during the marriage as closely as possible.” Id. (cleaned up). “The appropriate amount of any alimony award is governed by a multi-factor inquiry” now found in Utah Code section 30-3-5(10)(a) [now found in Utah Code Title 81, Chapter 4, Part 5 (Spousal Support)]. Miner v. Miner, 2021 UT App 77, ¶ 16, 496 P.3d 242. “[C]ourts must consider the statutory factors,” including “the financial condition and needs of the recipient spouse,” “the recipient’s earning capacity,” and “the ability of the payor spouse to provide support.” Rule v. Rule, 2017 UT App 137, ¶ 13, 402 P.3d 153; see also Dahl v. Dahl, 2015 UT 79, ¶ 94, 459 P.3d 276.
¶10 Thus, there are three steps to “the established process to be followed by courts considering an award of alimony.” Fox, 2022 UT App 88, ¶ 20 (cleaned up); see also Rule, 2017 UT App 137, ¶ 19. First, a court must “assess the needs of the parties, in light of their marital standard of living.”[1] Fox, 2022 UT App 88, ¶ 20 (cleaned up). Second, a court “must determine the extent to which the receiving spouse is able to meet his or her own needs with his or her own income.” Id. (cleaned up). Third, a court must “assess whether the payor spouse’s income, after meeting his or her needs, is sufficient to make up some or all of the shortfall between the receiving spouse’s needs and income.” Id. (cleaned up).
¶13 . . . “Regardless of the payor spouse’s ability to pay more, the recipient spouse’s demonstrated need must constitute the maximum permissible alimony award.” Roberts v. Roberts, 2014 UT App 211, ¶ 14, 335 P.3d 378 (cleaned up); Rule, 2017 UT App 137, ¶ 17 (“The receiving spouse’s needs ultimately set the bounds for the maximum permissible alimony award.”); Barrani v. Barrani, 2014 UT App 204, ¶ 30, 334 P.3d 994 (“An alimony award in excess of the recipient’s need is a basis for remand even when the payor spouse has the ability to pay.”); Bingham v. Bingham, 872 P.2d 1065, 1068 (Utah Ct. App. 1994) (“[T]he spouse’s demonstrated need must . . . constitute the maximum permissible alimony award.”).
allegation. a declaration that something is true; esp., a statement, not yet proved, that someone has done something wrong or illegal. Something declared or asserted as a matter of fact, esp. in a legal pleading; a party’s formal statement of a factual matter as being true or provable, without its having yet been proved.
annulment. a judicial declaration that a marriage is void. An annulment establishes that the marital status never existed. So annulment and dissolution of marriage (or divorce) are fundamentally different: an annulment renders a marriage void from the beginning, while dissolution of marriage terminates the marriage as of the date of the judgment of dissolution. Although a marriage terminated by annulment is considered never to have occurred, a child born during the marriage is not considered illegitimate after the annulment. Cf. DIVORCE.
answer. A divorce case respondent’s first pleading that addresses the merits of the case by admitting to or denying the allegations made in the petitioner’s complaint or petition for divorce. An answer usually sets forth the defendant’s defenses and counterclaims.
answer and counterclaim. a responsive pleading consisting of both the respondent’s answer to the petition or complaint for divorce and of the respondent’s claim for relief asserted against the petitioner. A counterclaim is the respondent’s claim in opposition to or as a setoff against the petitioner’s claim. Also termed a counter petition.
appeal. a proceeding undertaken to have a decision reconsidered by a higher authority; esp., the submission of a lower court’s or agency’s decision to a higher court for review and possible remand or reversal.
arrears/arrearages. money unpaid at the due time, the remainder due after partial payment an obligation; in the context of divorce, unpaid child support or alimony. Used in a sentence “He/she is in arrears in the payment of child support.” “His/her alimony arrearages total $17,000.”
automatic temporary restraining orders (ATROS). See Utah Rules of Civil Procedure 109. A mutual injunction that, unless the court orders otherwise, in an action for divorce, the court will enter an injunction when the initial petition is filed. Only the injunction’s applicable provisions will govern the parties to the action. Also known informally as a “domestic relations injunction” or DRI.
best interest of the child. A legal standard courts use when deciding child custody and parent-time issues. It means that the court must focus on what will best promote the child’s health, safety, welfare, emotional development, and overall well-being. Utah courts apply specific factors to determine the child’s best interest, such as the child’s relationship with each parent, the parent’s ability to meet the child’s needs, and any history of abuse or neglect. See Utah Code § 81-9-204. See also child custody; parent-time; custody evaluation.
case management conference. a meeting between the judge (or commissioner) and the parties to assist the court and the parties in managing the case and ensuring that it proceeds in an efficient and orderly manner in the course of preparing for trial. See Utah Rules of Civil Procedure, rule 16 and rule 101A.
child custody. the right to have the child live with the person awarded custody by the court.
physical custody. the right to have the child live with the person awarded custody by the court. Possession of a child during visitation/parent-time.
legal custody. the authority to make significant decisions on a child’s behalf, including decisions about education, religious training, and healthcare. Also sometimes referred to as “decision-making responsibility” or “decision-making authority.”
joint physical custody. an arrangement by which both parents share physical custody of their child, although one parent may exercise primary physical custody. Also termed shared custody.
sole custody. an arrangement by which one parent has full control and sole decision-making responsibility — to the exclusion of the other parent — on matters such as health, education, religion, and living arrangements.
split custody. an arrangement in which one parent has custody of one or more children, while the other parent has custody of the remaining children. Split custody is fairly uncommon, since most jurisdictions favor keeping siblings together.
child support. in a custody or divorce action, the money owed or paid by one parent to the other for the expenses incurred for children of the marriage. The right to child support is the child’s right and cannot be waived except under particular circumstances. In Utah, the child support guidelines are found in Utah Code Title 78B, Chapter 12, Utah Child Support Act
child support guidelines. the directions for the calculation and application of child support in Utah Code Title 78B, Chapter 12, Part 2, Calculation and Adjustment.
child support worksheet. the forms used to aid in calculating the base child support award. To calculate child support and prepare the child support worksheet you can find the calculator at Office of Recovery Services – (utah.gov)
civil stalking injunction. a court order entered in a civil action to protect a victim of stalking, restraining the respondent from coming near the residence, place of employment, or school of the victim or specifically designated locations or persons, from contacting, directly or indirectly, the other party, including personal, written or telephone contact with the other party, the other party’s employers, employees, fellow workers or others with whom communication would be likely to cause annoyance or alarm to the other party, or any other relief necessary or convenient for the protection of the petitioner and other specifically designated individuals under the circumstances. If the petitioner and respondent have minor children, the court shall follow the provisions of Utah Code § 78B-7-603 and take into consideration the respondent’s custody and parent-time rights while ensuring the safety of the victim and the minor children. See Utah Code Title 78B, Chapter 7 Protective Orders and Stalking Injunctions, Part 7 Civil Stalking Injunctions, Utah Code § 78B-7-701. Ex parte civil stalking injunction — Civil stalking injunction.
cohabitation. an arrangement where people who are not married, usually couples, reside and live together. They are often involved in a romantic or sexually intimate relationship on a long-term basis.
community property (note: not applicable in Utah; Utah is an equitable distribution state). assets owned in common by spouses as a result of their having been acquired during the marriage by means other than an inheritance by, or a gift or devise to, one spouse, each spouse generally holding a one-half interest in the property. Only nine states have community-property systems: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. A community-property regime is elective in Alaska.
court. A place where justice is judicially administered; the locale for legal proceedings. The building where the judge or judges convene to adjudicate disputes and administer justice. A tribunal constituted to administer justice; esp., a governmental body organized for public administration of justice at the time and place prescribed by law, usu. consisting of one or more judges who sit to adjudicate disputes. The judge or judges who sit on such a tribunal.
equitable distribution. the division of marital property by a court in a divorce proceeding, under statutory guidelines that provide for a fair, but not necessarily equal, allocation of the property between the spouses. With equitable distribution, when a marriage ends in divorce, property acquired during the marriage is divided equitably between the spouses regardless of who holds title to the property.
contempt of court. conduct that defies the authority or dignity of a court or legislature. Because such conduct interferes with the administration of justice, it is punishable, usu. by fine or imprisonment. In Utah,
In Utah, there are specific sanctions in contempt of court for 1) noncompliance with child support order; and 2) compensatory service for violation of parent-time order or failure to pay child support.
Utah Code § 78B-6-315 deals with noncompliance with child support order. A court may, in addition to other available sanctions, withhold, suspend, or restrict the use of driver’s licenses, professional and occupational licenses, and recreational licenses and impose conditions for reinstatement upon finding a child support obligor has failed to make his/her child support payments. A court can also impose the same kinds of sanctions if a custodial parent has violated a parent-time order by denying contact between a noncustodial parent and a child.
Utah Code § 78B-6-316 provides that compensatory service can be ordered as a contempt sanction for violation of parent-time order or failure to pay child support. The court can order the contemnor to perform a minimum of 10 hours of compensatory service and to participate, at that noncompliant parent’s expense, in workshops, classes, or individual counseling to educate the parent about the importance of complying with the court order and providing a child a continuing relationship with both parents. Also provides that if a child support obligor has refused to pay child support as ordered by a court, the noncompliant parent can be ordered to perform a minimum of 10 hours of compensatory service and to participate in workshops, classes, or individual counseling to educate the obligor about the importance of complying with the court order and providing the children with a regular and stable source of support.
counterclaim. a claim for relief asserted against an opposing party after an original claim has been made; esp., a respondent’s claim in opposition to or as a setoff against the petitioner’s claim.
cross-examination. the questioning of a witness at a trial or hearing by the party opposed to the party in whose favor the witness has testified. • The purpose of cross-examination is to discredit a witness before the factfinder in any of several ways, as by bringing out contradictions and improbabilities in earlier testimony, by suggesting doubts to the witness, and by trapping the witness into admissions that weaken the testimony. The cross-examiner is typically allowed to ask leading questions but is traditionally limited to matters covered on direct examination and to credibility issues. — Also termed cross-interrogation. Cf. DIRECT EXAMINATION; RECROSS-EXAMINATION.
custodial parent. the parent awarded physical custody of a child in a divorce. Cf. noncustodial parent.
noncustodial parent. a parent without the primary custody rights of a child; esp., the parent not awarded physical custody of a child in a divorce. The noncustodial parent is typically awarded parent-time (visitation) with the child. Cf. custodial parent.
(child) custody. the care, control, and maintenance of a child awarded by a court to a responsible adult. Custody involves legal custody (decision-making authority) and physical custody (caregiving authority), and an award of custody usu. grants both rights. In a divorce or separation proceeding between the parents, the court usu. awards custody to one of them, unless both are found to be unfit, in which case the court may award custody to a third party, typically a relative.
custody evaluation. an investigation into a child’s parents and family environment usually conducted by a psychologist or social worker who makes a recommendation to the court as to what child custody and parent-time awards the evaluator believes to be in the child’s best interest.
decree of divorce. The final court order that legally ends a marriage and resolves all issues between the spouses, including child custody, parent-time, child support, alimony, and division of property and debts. The decree may incorporate a settlement agreement and becomes legally enforceable upon entry. See also divorce; final order; settlement agreement. See also findings of fact and conclusions of law.
default. failure to plead or otherwise defend against the opposing party’s claim.
and
default judgment. a judgment entered against a defendant who has failed to plead or otherwise defend against the plaintiff’s claim. 2. A judgment entered as a penalty against a party who does not comply with an order, especially an order to comply with a discovery request.
deposition. a witness’s out-of-court testimony that is reduced to writing (usu. by a court reporter) for later use in court or for discovery purposes. Also termed examination before trial. The session at which such testimony is recorded. A deposition is testimony given the same way you would give testimony in a courtroom before a judge (you’re sworn to tell the truth and then questioned by the attorneys, and objections can be made in the course of the questioning. The major difference between being questioned in a deposition and in court is that deposition testimony is given outside a courtroom, usually in an attorney’s office or, if the deposition is conducted remotely by video conference, wherever you may be during the deposition (e.g., your home, your office, your attorney’s office).
direct examination. the first questioning of a witness in a trial or other proceeding, conducted by the party who called the witness to testify. — Often shortened to “direct”. — Also termed examination-in-chief.
“A witness is first questioned by the party calling him. This [direct examination] is known as ‘examination-in-chief.’ Counsel conducting it may not, on any point in dispute, ask ‘leading questions,’ that is to say, questions where the witness is lured into a position in which he can in the end only answer yes or no. Thus it would not be correct to frame a question: ‘You did go to Edinburgh on the 25th of last month, did you not?’ The proper way of putting it is: ‘Where did you go on the 25th of last month?’ The object of the rule is, first, to prevent examining counsel from suggesting in any way the answer he wants, and also to compel an inattentive or lazy witness to give some thought to the question asked. In short, the important question is, not what the witness wants to say, but what he ought to say.”
divorce. the legal ending of a marriage; specif., the legal dissolution of a marriage by a court. — Also termed marital dissolution; dissolution of marriage. Cf. ANNULMENT.
– bifurcated divorce. also known as divisible divorce. A divorce whereby the marriage itself is dissolved but the issues incident to the divorce, such as alimony, child custody, and visitation, are reserved until a later proceeding.— Also termed bifurcated divorce.
– collaborative divorce. a divorce negotiated in a nonadversarial forum, usu. between spouses who, with or without a lawyer, are assisted as needed by a team of neutral experts in law, mental health, and financial matters (such as taxes and real estate).
– contested divorce. 1. a divorce that one spouse opposes in court. 2. a divorce in which the spouses litigate. In this sense, although both spouses may want the divorce, they disagree on the terms of the divorce decree. Cf. uncontested divorce.
– fault divorce. a divorce granted to one spouse on the basis of some proven wrongful act (grounds for divorce) by the other spouse. Although Utah permits no-fault divorce, divorce can still be sought on the grounds of fault, and a spouse’s fault in precipitating the divorce can still be considered, esp. when dividing marital property or when awarding alimony.
The fault basis for divorce in Utah are articulated in Utah Code § 81-4-405(1):
(1) A court may order the dissolution of a marriage contract between the petitioner and the respondent on the grounds of:
(a) impotency of the respondent at the time of marriage;
(b) adultery committed by the respondent subsequent to marriage;
(c) willful desertion of the petitioner by the respondent for more than one year;
(d) willful neglect of the respondent to provide for the petitioner the common necessaries of life;
(e) habitual drunkenness of the respondent;
(f) conviction of the respondent for a felony;
(g) cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;
(h) irreconcilable differences of the marriage;
(i) incurable insanity; or
(j) when the petitioner and respondent have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.
– irreconcilable-differences divorce. divorce granted on the grounds of persistent and unresolvable disagreements between the spouses.
– no-fault divorce. a divorce in which the parties are not required to prove fault or grounds beyond a showing of the irretrievable breakdown of the marriage or irreconcilable differences.
– uncontested divorce. a divorce that is unopposed by the spouse who did not initiate it. Cf. contested divorce.
domestic relations injunction (DRI). A mutual injunction that, unless the court orders otherwise, in an action for divorce, the court will enter when the initial petition is filed. Only the injunction’s applicable provisions will govern the parties to the action. Also known informally as automatic temporary restraining orders (ATROS). See Utah Rules of Civil Procedure 109.
domestic violence. In Utah, “domestic violence” is defined by statute extensively in Utah’s criminal code. See Utah Code § 77-36-1:
(4) “Domestic violence” or “domestic violence offense” means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another. “Domestic violence” or “domestic violence offense” includes commission or attempt to commit, any of the following offenses by one cohabitant against another:
(a) aggravated assault, as described in Section 76-5-103;
(b) aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant;
(c) assault, as described in Section 76-5-102;
(d) criminal homicide, as described in Section 76-5-201;
(e) harassment, as described in Section 76-5-106;
(f) electronic communication harassment, as described in Section 76-9-201;
(g) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections 76-5-301, 76-5-301.1, and 76-5-302;
(h) mayhem, as described in Section 76-5-105;
(i) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and sexual exploitation of a minor and aggravated sexual exploitation of a minor, as described in Sections 76-5b-201 and 76-5b-201.1;
(j) stalking, as described in Section 76-5-106.5;
(k) unlawful detention or unlawful detention of a minor, as described in Section 76-5-304;
(l) violation of a protective order or ex parte protective order, as described in Section 76-5-108;
(m) any offense against property described in Title 76, Chapter 6, Part 1, Property Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery;
(n) possession of a deadly weapon with criminal intent, as described in Section 76-10-507;
(o) discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle, as described in Section 76-10-508;
(p) disorderly conduct, as defined in Section 76-9-102, if a conviction or adjudication of disorderly conduct is the result of a plea agreement in which the perpetrator was originally charged with a domestic violence offense otherwise described in this Subsection (4), except that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the manner described in this Subsection (4)(p), does not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;
(q) child abuse, as described in Section 76-5-114;
(r) threatening use of a dangerous weapon, as described in Section 76-10-506;
(s) threatening violence, as described in Section 76-5-107;
(t) tampering with a witness, as described in Section 76-8-508;
(u) retaliation against a witness or victim, as described in Section 76-8-508.3;
(v) unlawful distribution of an intimate image, as described in Section 76-5b-203, or unlawful distribution of a counterfeit intimate image, as described in Section 76-5b-205;
(w) sexual battery, as described in Section 76-9-702.1;
(x) voyeurism, as described in Section 76-9-702.7;
(y) damage to or interruption of a communication device, as described in Section 76-6-108; or
(z) an offense described in Subsection 78B-7-806(1) [i.e., violation of a jail release court order or jail release agreement].
emancipation/emancipated. a surrender and renunciation of the correlative rights and duties concerning the care, custody, and earnings of a child; This act also frees the parent from all legal obligations of support. One can be emancipated in Utah by law when one reaches the age of 18 years (age of majority) or before age 18 by court order in an emancipating proceeding.
In the Utah Code “emancipation” is defined as follows:
80-7-102. Definitions.
As used in this chapter:
(1) “Emancipation” or “emancipated” means a legal status created by court order that allows a minor to:
(a) live independent of the minor’s parents or guardian; and
(b) exercise the same rights as an adult under Subsection 80-7-105(1).
80-7-105. Emancipation.
(1) A minor who is emancipated may:
(a) enter into contracts;
(b) buy and sell property;
(c) sue or be sued;
(d) retain the minor’s own earnings;
(e) borrow money for any purpose, including for education; and
(f) obtain healthcare without parental consent.
(2) A minor who is emancipated may not be considered an adult:
(a) under the criminal laws of the state, unless the requirements of Chapter 6, Part 5, Transfer to District Court, have been met;
(b) under the criminal laws of the state when the minor is a victim and the age of the victim is an element of the offense; and
(c) for specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, possession of tobacco or firearms, and other health and safety regulations relevant to the minor because of the minor’s age.
(3)
(a) An order of emancipation prospectively terminates parental responsibilities that accrue based on the minor’s status as a minor under the custody and control of a parent, guardian, or custodian, including parental tort liability for the acts of the minor.
(b) Nothing in this chapter shall be construed to interfere with the integrity of the family or to minimize the rights of parents or children.
equitable distribution. the division of marital property by a court in a divorce proceeding, under statutory guidelines that provide for a fair, but not necessarily equal, allocation of the property between the spouses. • With equitable distribution, when a marriage ends in divorce, property acquired during the marriage is divided equitably between the spouses regardless of who holds title to the property. The courts consider many factors in awarding property, including a spouse’s monetary contributions, nonmonetary assistance to a spouse’s career or earning potential, the efforts of each spouse during the marriage, and the length of the marriage. The court may take into account the relative earning capacity of the spouses and the fault of either spouse. Equitable distribution is applied in 47 states (i.e., all the states except California, Louisiana, and New Mexico, which are “equal division” community-property states). — Also termed equitable division; assignment of property. Cf. TITLE DIVISION; COMMUNITY PROPERTY.
equity. in law, “equity” refers to a specific set of remedies and procedures that provide fairness and justice when traditional legal remedies are inadequate. It’s distinct from “legal” remedies, which typically involve monetary damages, while equitable relief often includes injunctions, specific performance, or vacatur. Equity developed to address gaps and rigidities in the common law, offering relief where legal remedies were insufficient or inappropriate.
findings of fact and conclusions of law. 1. After a bench trial or hearing on a motion, a judge’s statement of the facts found to be true and the conclusions of law based on those facts. 2. In arbitration, an arbitrator’s award that explains the arbitrator’s decision and formally sets forth the findings on factual issues, the conclusions on legal issues, or the determinations on mixed issues of law and fact. See also decree of divorce.
deferred compensation. payment for work performed, to be paid in the future or when some future event occurs. An employee’s earnings that are taxed when received or distributed rather than when earned, such as contributions to a qualified pension or profit-sharing plan.
discovery. compulsory disclosure, at a party’s request, of information that relates to the litigation. The primary discovery devices are interrogatories, depositions, requests for admissions, and requests for production. Although discovery typically comes from parties, courts also allow limited discovery from nonparties. The facts or documents disclosed. The pretrial phase of a lawsuit during which depositions, interrogatories, and other forms of discovery are conducted.
dismissal. termination of an action, claim, or charge without further hearing, esp. before a trial; esp., a judge’s decision to stop a court case through the entry of an order or judgment that imposes no civil or criminal liability on the defendant with respect to that case.
dissolution of marriage. an order of the court dissolving (ending) the parties’ marriage.
divorce. the legal ending of a marriage; specif., the legal dissolution of a marriage by a court. — Also termed marital dissolution; dissolution of marriage. Cf. ANNULMENT.
domestic relations commissioner. A quasi-judicial office created for Utah domestic relations matters (see Utah Code of Judicial Administration Rule 6-401 and Utah Rules of Civil Procedure Rules 101 and 108) to assist judges in administering the high volume of domestic relations matters filed in the courts. Domestic relations commissioners can hear matters of divorce, annulment, paternity, cohabitant abuse and child protective order matters, dating violence protective orders, orders to show cause, scheduling and settlement conferences, petitions to modify divorce decrees, scheduling conferences, and all other applications for relief, unless otherwise ordered by the presiding judge. Except as provided in UCJA 4-904, domestic relations commissioners do not have the authority to make final adjudications, but can and do perform many pretrial functions of a judge, such as making recommendations to the court regarding any issue, including (but not limited to) a recommendation for entry of final judgment, impose sanctions against any party who fails to comply with the commissioner’s requirements of attendance or production of discovery, impose sanctions for contempt of court, issue temporary or ex parte orders, conduct settlement conferences with the parties and their counsel, conduct pretrial conferences with the parties and their counsel, and refer appropriate cases to mediation programs if available.
domestic violence. Violence between members of a household or between romantic or sexual partners; an assault or other violent act committed by one member of a household on another or by a person on the person’s romantic or sexual partner. The term refers esp. to violence between spouses or sexual partners (esp. cohabiting ones), but it can refer to other types of violence in a domestic setting, such as intentional child abuse committed by a member of the child’s family. — Also termed domestic abuse; family abuse; family violence; (when committed by a romantic or sexual partner) intimate-partner violence; (when committed by one spouse against the other) spousal abuse. Also sometimes referred to as family violence and intimate-partner violence.
equitable distribution of marital property. The division of marital property by a court in a divorce proceeding, under statutory guidelines that provide for a fair, but not necessarily equal, allocation of the property between the spouses. With equitable distribution, when a marriage ends in divorce, property acquired during the marriage is divided equitably between the spouses regardless of who holds title to the property. The courts consider many factors in awarding property, including a spouse’s monetary contributions, nonmonetary assistance to a spouse’s career or earning potential, the efforts of each spouse during the marriage, and the length of the marriage. The court may take into account the relative earning capacity of the spouses and the fault of either spouse. Equitable distribution is applied in 47 states (i.e., all the states except California, Louisiana, and New Mexico, which are “equal division” community-property states).
evidence vs. proof.
evidence. Something (including testimony, documents, and tangible objects) that tends to prove or disprove the existence of an alleged fact; anything presented to the senses and offered to prove the existence or nonexistence of a fact. The collective mass of things, esp. testimony and exhibits, presented before a tribunal in a given dispute.
“Evidence is any matter of fact which is furnished to a legal tribunal, otherwise than by reasoning or a reference to what is noticed without proof, as the basis of inference in ascertaining some other matter of fact.” James B. Thayer, Presumptions and the Law of Evidence, 3 Harv. L. Rev. 141, 142 (1889).
proof. Proof and evidence are both used to support a claim or statement, but they have distinct meanings. (Proof vs Evidence: Fundamental Differences Of These Terms (thecontentauthority.com)) Proof refers to evidence that establishes a fact or truth with certainty, while evidence refers to information that supports a claim or argument, but may not necessarily prove it. Id. Proof can be either direct or indirect. Direct proof is evidence that directly establishes the truth of a proposition, while indirect proof is evidence that establishes the truth of a proposition by eliminating all other possibilities. Id.
exhibit. A document, record, or other tangible object formally introduced as evidence in court. A document attached to and made part of a pleading, motion, contract, or other instrument.
ex parte communication. a communication between counsel or a party and the court relevant to the merits of an adjudicatory proceeding when opposing counsel or party is not present. Sometimes ex parte communication is defined as a communication between counsel or a party and the court, relevant to the merits of an adjudicatory proceeding, when opposing counsel or party is not present, and engaged in for the purpose of trying to affect the outcome of the proceedings. Such communications are ordinarily prohibited.
fault. any of the various statutory grounds for a divorce based upon some wrongful act (fault) by the other spouse. Traditionally, the common grounds for a fault divorce were adultery, abandonment, imprisonment, and physical or mental cruelty; the defenses to alleged fault in a petition for divorce were condonation, connivance, collusion, recrimination, and insanity.
financial declaration. In divorce and child custody and child support litigation, a document that contains information on a parent’s income, assets, expenses, and liabilities.
flat fee (or fixed fee). a flat charge for a service; a charge that does not vary with the amount of time or effort required to complete the service.
grounds (for divorce). the legally acceptable reasons or bases on which one may be granted a divorce.
guardian ad litem (GAL) and private guardian ad litem (PGAL). a lawyer, appointed by the court to appear in a lawsuit on behalf of a minor child.
See Utah Code § 78A-2-705. The court may appoint an attorney as a private attorney guardian ad litem to represent the best interests of the minor in any district court action when: (a) child abuse, child sexual abuse, or neglect is alleged in any proceeding, and the court has made a finding that an adult party is not indigent as determined under Section 78B-22-202; or (b) the custody of, or parent-time with, a child is at issue.
hearing. a judicial session, usu. open to the public, held for the purpose of deciding issues of fact or of law, sometimes with witnesses testifying.
proffer hearing. a proffer hearing is a hearing in which witnesses do not testify but instead the attorneys involved “proffer” what their respective witnesses would say if they actually testified.
evidentiary hearing. A hearing at which evidence is presented, as opposed to a hearing at which only legal argument is presented.
hearsay. traditionally, testimony that is given by a witness who relates not what he or she knows personally, but what others have said, and that is therefore dependent on the credibility of someone other than the witness. Such testimony is generally inadmissible under the rules of evidence. A statement (either a verbal assertion or nonverbal assertive conduct), other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Also termed hearsay evidence; secondhand evidence.
hold harmless clause. a contractual provision in which one party agrees to answer for any specified or unspecified liability or harm that the other party might incur. — Also termed also known as an indemnity clause; save-harmless clause.
income withholding order (IWO). A court or administrative order sent to an employer requiring automatic deductions from a parent’s paycheck to pay child support or alimony.
The withheld amounts are sent directly to the Office of Recovery Services for disbursement.
IWOs are the most common method of child support enforcement in Utah. See Utah Code § 81-7-102. See also child support; Office of Recovery Services (ORS).
indemnify/indemnification. to reimburse (another) for a loss suffered because of a third party’s or one’s own act or default. To promise to reimburse (another) for such a loss. Compensating for loss or damage sustained. The compensation so made.
initial disclosures (Utah Rules of Civil Procedure Rule 26 and Rule 26.1). in every divorce action, each a party must, without waiting for a discovery request, serve on the other parties: the name and, if known, the address and telephone number of: each individual likely to have discoverable information supporting its claims or defenses, unless solely for impeachment, identifying the subjects of the information; and each fact witness the party may call in its case-in-chief and, except for an adverse party, a summary of the expected testimony; a copy of all documents, data compilations, electronically stored information, and tangible things in the possession or control of the party that the party may offer in its case-in-chief; and a copy of all documents to which a party refers in its pleadings.
injunction. a court order commanding or preventing an action. To get an injunction, the complainant must show that there is no plain, adequate, and complete remedy at law and that an irreparable injury will result unless the relief is granted. — Also termed writ of injunction; equitable injunction.
temporary restraining order. a court order preserving the status quo until a litigant’s application for a preliminary or permanent injunction can be heard. • A temporary restraining order may sometimes be granted without notifying the opposing party in advance.
interrogatories. written questions (usu. in a set of questions) submitted to an opposing party in a lawsuit as part of discovery. See URCP 33.
joint custody. a child custody arrangement by which both parents share custody, as opposed to one parent exercising custody on a sole or primary basis.
joint legal custody. (a) means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified; (b) may include an award of exclusive authority by the court to one parent to make specific decisions; (c) does not affect the physical custody of the child except as specified in the order of joint legal custody; (d) is not based on awarding equal or nearly equal periods of physical custody of and access to the child to each of the parents, as the best interest of the child often requires that a primary physical residence for the child be designated; and (e) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child. See Utah Code § 30-3-10.1(4) [replaced and renumbered; see Utah Code § 81-9-101 and Utah Code § 81-9-205].
joint physical custody. (a) 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; (b) can mean equal or nearly equal periods of physical custody of and access to the child by each of the parents, as required to meet the best interest of the child; (c) may require that a primary physical residence for the child be designated; and (d) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child. See Utah Code § 30-3-10.1(5) [replaced and renumbered; see Utah Code § 81-9-101 and Utah Code § 81-9-205].
sole custody. an arrangement by which one parent has full control and sole decision-making responsibility — to the exclusion of the other parent — on matters such as health, education, religion, and living arrangements.
split custody. an arrangement in which one parent has custody of one or more children, while the other parent has custody of the remaining children. • Split custody is fairly uncommon, since most jurisdictions favor keeping siblings together.
joint property. real property (meaning real estate and interests in real estate) or personal property (personal property is essentially any kind of property that isn’t real property) held by two or more persons with a right of survivorship.
marital property. property that is acquired during marriage and that is subject to distribution or division at the time of marital dissolution. Generally, it is property acquired after the date of the marriage and before a spouse files for separation or divorce (but a court in a divorce case can treat property acquired by a spouse post-separation but pre-decree as marital property). The phrase marital property is used in equitable-distribution states (and Utah is an equitable distribution state). Also termed marital estate; matrimonial property. See EQUITABLE DISTRIBUTION.
judge. a public official appointed or elected to hear and decide legal matters in court; a judicial officer who has the authority to administer justice. In ordinary legal usage, the term is limited to the sense of an officer who (1) is so named in his or her commission, and (2) presides in a court. Judge is often used interchangeably with court. See COURT
jurisdiction. the legal power and authority of a court to make a decision that binds the parties to any matter properly brought before it. A court’s power to decide a case or issue a decree
court. a place where justice is judicially administered; the locale for legal proceedings. The building where the judge or judges convene to adjudicate disputes and administer justice. A tribunal constituted to administer justice; esp., a governmental body organized for public administration of justice at the time and place prescribed by law, usu. consisting of one or more judges who sit to adjudicate disputes. The judge or judges who sit on such a tribunal.
legal separation. an arrangement whereby spouses live apart from each other while remaining married, either by mutual consent (often in a written agreement) or by judicial decree; the act of carrying out such an arrangement.
litigant. a party to a lawsuit; the petitioner or respondent in a domestic relations action
mediation. a method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution;
“Simply stated, mediation does not resolve a dispute, it merely helps the parties do so. In contrast, the FAA presumes that the arbitration process itself will produce a resolution independent of the parties’ acquiescence — an award which declares the parties’ rights and which may be confirmed with the force of a judgment … In short, because the mediation process does not purport to adjudicate or resolve a case in any way, it is not ‘arbitration’ within the meaning of the FAA.” Advanced Bodycare Solutions, LLC v. Thione Int’l Inc., 524 F.3d 1235, 1240 (11th Cir. 2008) (internal citations omitted).
– evaluative mediation. Mediation in which the mediator may direct the parties’ thinking and communications to some extent by evaluating the merits, strengths, and weaknesses of each party’s position.
– facilitative mediation. Mediation in which the mediator helps the parties communicate and negotiate but does not offer advice or comments on the merits or otherwise intervene in the dispute.
See also Utah Code § 81-4-403. Mediation program.
(1) There is established a mandatory domestic mediation program to help reduce the time and tensions associated with obtaining a divorce.
(2) If, after the filing of an answer to a complaint of divorce, there are any remaining contested issues, the parties shall participate in good faith in at least one session of mediation. This requirement does not preclude the entry of pretrial orders before mediation takes place.
(3) The parties shall use a mediator qualified to mediate domestic disputes under criteria established by the Judicial Council in accordance with Section 78B-6-205.
(4) Unless otherwise ordered by the court or the parties agree upon a different payment arrangement, the cost of mediation shall be divided equally between the parties.
(5) The director of dispute resolution programs for the courts, the court, or the mediator may excuse either party from the requirement to mediate for good cause.
(6) Mediation shall be conducted in accordance with the Utah Rules of Court-Annexed Alternative Dispute Resolution.
See also Utah Code § 81-9-102. Expedited Parent-time Enforcement Program.
Excerpt: (3)(a) If a parent files a motion in the third district court alleging that court-ordered parent-time rights are being violated, the clerk of the court, after assigning the case to a judge, shall refer the case to the administrator of this program for assignment to a mediator, unless a parent is incarcerated or otherwise unavailable.
maintenance. Money paid by one married person to another for support. This type of maintenance is often mandated by a court order.
marital property. property that is acquired during marriage and that is subject to distribution or division at the time of marital dissolution. Generally, it is property acquired after the date of the marriage and before a spouse files for separation or divorce. The phrase marital property is used in equitable-distribution states (and Utah is an equitable-distribution state). Also termed marital estate; matrimonial property.
marital standard of living. The lifestyle the spouses maintained during the marriage. Utah courts consider the marital standard of living when deciding whether to award alimony and how much to award. Used in a sentence: “The court awarded alimony in an amount that approximates the marital standard of living.” See Fox v. Fox, 2022 UT App 88 (“the parties’ needs reasonably incurred, calculated upon the standard of living enjoyed during the marriage.”); Utah Code § 81-4-505. See also alimony; spousal support.
memorandum. a party’s written statement of its legal arguments presented to a tribunal, usu. in the form of a brief (and a brief is a written statement setting out the legal contentions of a party in litigation, esp. on appeal; a document prepared by counsel as the basis for arguing a case, consisting of legal and factual arguments and the authorities in support of them). A memorandum may also be termed memorandum of law; memorandum of points and authorities; memorandum in support.
supporting memorandum/memorandum in support. a memorandum submitted in support of a motion.
opposition memorandum/memorandum in opposition. a memorandum submitted in opposition to a motion.
reply memorandum. a memorandum submitted in reply to an opposition memorandum.
minor child. 1. An unemancipated person under the age of majority. In Utah, the age of majority is 18 years. Someone who has not reached full legal age; a child or juvenile under 18 years of age.
An emancipated minor is minor who is self-supporting and independent of parental control, usu. as a result of a court order. Emancipation of a minor may take place by agreement between the parent and child, by operation of law (as when the parent abandons or fails to support the child), or when the child gets legally married or enters the armed forces.
motion. a written or oral application requesting a court to make a specified ruling or order. In divorce and other family law cases, common motions include motions for temporary orders, which are orders issued by the court during the pendency of a suit, before the final order or judgment has been entered.
motion for temporary orders. a party’s written or oral application to the court requesting that the court make orders that govern matters in the case while the case is pending, until the court enters its final, permanent orders. A motion for temporary order request orders of child custody and parent-time, child support, spousal support, maintaining the payment of debts and obligations, use of property, and other issues that arise in a divorce case. As their name denotes, temporary orders are not final or permanent orders.
motion to enforce order and for sanctions in domestic law matters. a type of motion filed to enforce an existing court order (such as a custody or child support order) when one party believes the other is violating it. The motion asks the court to require the other party to appear and explain why they should not be held in contempt of court. Also termed show cause motion; enforcement motion. See Utah Rules of Civil Procedure, Rule 7B. See also contempt of court; sanctions; motion to enforce and for sanctions. Formerly known as a “motion for order to show cause”.
no-fault divorce. a divorce in which the parties are not required to prove fault or grounds beyond a showing of the irretrievable breakdown of the marriage or irreconcilable differences.
noncustodial parent. in the child-custody laws of some states, a parent without the primary custody rights of a child; esp., the parent not awarded physical custody of a child in a divorce. The noncustodial parent is typically awarded visitation (parent-time) with the child. Also termed nonresidential parent.
notary public. a person authorized by a state to administer oaths, certify documents, attest to the authenticity of signatures. Affidavits need to be “notarized” (signed and stamped by a notary) to establish that the averments in the affidavit were made by the affiant and under oath.
notice of hearing. a legal document that informs the parties to a lawsuit (and their attorneys) of an upcoming hearing by date, time, place (courthouse and courtroom), and the name of the judge who will be conducting the hearing.
Office of Recovery Services (ORS). an agency of the Utah State government that ensures that parents are financially responsible for their children by providing child support collection services and support for children in care. https://ors.utah.gov
order. a written direction or command delivered by a court or judge. The word generally embraces final decrees as well as interlocutory directions or commands. Also termed court order; judicial order.
parent-time. A relative’s, esp. a noncustodial parent’s, period of access to a child. Also termed visitation; parental access; access; residential time.
– stepped-up visitation. visitation, usu. for a parent who has been absent from the child’s life, that begins on a very limited basis and increases as the child comes to know the parent. Also termed step-up visitation.
– supervised parent-time, parent-time usu. court-ordered, in which a parent may spend time with the child or children only in the presence of some other individual (the supervisor). A court may order supervised parent-time with a parent when that parent is known or believed to be prone to physical abuse, sexual abuse, violence, or emotional abuse. — Also termed restricted visitation.
parenting coordinator. A parent coordinator is a mental health professional who helps parents resolve conflicts about parenting issues. A parent coordinator’s qualifications and role are governed by Utah Code of Judicial Administration Rule 4-509. The services of a parent coordinator may be ordered by the court with or without the stipulation of both parties.
www.utcourts.gov/en/self-help/case-categories/family/parent-coordinator.html
parent education course. course that divorcing and separated parents with minor children are required to take to learn about the effects of divorce/separation on children and how to co-parent effectively. Each parent must file a certificate of course completion with the court before the divorce decree is entered. See Utah Code § 81-9-103. Also referred to as divorce education and orientation course or class and as “mandatory parenting course for parties in a divorce or parentage action”.
party. One by or against whom a lawsuit is brought; anyone who both is directly interested in a lawsuit and has a right to control the proceedings, make a defense, or appeal from an adverse judgment; a litigant.
petition (complaint). A petition is a formal written request to a court seeking some form of legal action or relief. The initial pleading that starts a civil action and states the basis for the court’s jurisdiction, the basis for the plaintiff’s claim, and the demand for relief.
petitioner. a party who presents a petition (such as a petition for divorce) to a court.
pleading. A formal document in which a party to a legal proceeding (especially a civil lawsuit) sets forth or responds to allegations, claims, denials, or defenses. The main pleadings are the complaint (or petition) and the respondent’s answer or answer and counterclaim.
premarital agreement (also known as a prenuptial agreement or an antenuptial agreement). defined in Utah Code § 81-3-201 as, “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
The premarital agreement can provide for determination of matters such as a party’s rights in the estate of the other spouse’s in the event of the death. They may also anticipate and determine issues that are likely to arise in the event of divorce, such as alimony, property division, and responsibility for debts and obligations. After marriage, a premarital agreement can be amended or revoked entirely by the agreement of both parties in a postnuptial agreement.
Enforcement of a prenuptial agreement is subject to the normal requirements of contract law. Courts will declare prenuptial agreements void if they were not entered into voluntarily; were a product of fraud, duress, or coercion or if unconscionable when executed.
pretrial conference. an informal meeting at which opposing attorneys confer, usually with the judge, to work toward the disposition of the case by discussing matters of evidence and narrowing the issues that will be tried. See Utah Rules of Civil Procedure, Rule 16 and Rule 100A.
primary caregiver. 1. The parent who has had the greatest responsibility for the daily care and rearing of a child. See tender-years doctrine; primary-caregiver doctrine. 2. The person (including a nonparent) who has had the greatest responsibility for the daily care and rearing of a child. — Also termed primary caretaker. See Pusey v. Pusey, 728 P.2d 117 (Utah). The court may give weight to who has been the primary caregiver when deciding which parent should have physical custody of the child. See also best interest of the child; physical custody.
primary-caregiver doctrine. The presumption that, in a custody dispute, the parent who is a child’s main caregiver will be the child’s custodian, assuming that he or she is a fit parent. • This doctrine includes the quality and the quantity of care that a parent gives a child — but excludes supervisory care by others while the child is in the parent’s custody. Under this doctrine, courts sometimes divide children into three age groups: those under the age of 6, those 6 to 14, and those 14 and older. For children under the age of 6, an absolute presumption exists in favor of the primary caretaker as custodian. For those 6 to 14, the trial court may hear the child’s preference on the record but without the parents being present. For those 14 and older, the child may be allowed to choose which parent will be the custodian, assuming that both parents are fit. — Also termed primary-caretaker doctrine; primary-caregiver presumption; primary-caretaker presumption; primary-caregiver preference. Cf. maternal-preference presumption; tender-years doctrine.
pro se. for oneself; on one’s own behalf; engaging in the legal process without a lawyer. Also termed pro persona; in propria persona; propria persona; pro per.
protective order. generally, a court order prohibiting or restricting a party from engaging in conduct that unduly annoys or burdens the opposing party.
In the family law and domestic relations context, a protective order typically refers to a court order prohibiting or restricting a party from engaging in conduct that that exposes the opposing party to physical or emotional harm.
In the context of discovery, a protective order is a court order prohibiting or restricting a party from engaging in conduct that unduly annoys or burdens the opposing party or a third-party witness.
child protective order. a court order issued under Part 2 of Utah Code, Title 78B (Judicial Code), Chapter 7 (Protective Orders and Stalking Injunction), after a hearing on the petition, of which the petitioner and respondent have been given notice. A child protective order may contain the following provisions:
-
- enjoin the respondent from threatening to commit or committing abuse of the child;
- prohibit the respondent from harassing, telephoning, contacting, or otherwise communicating with the child, directly or indirectly;
- prohibit the respondent from entering or remaining upon the residence, school, or place of employment of the child and the premises of any of these or any specified place frequented by the child;
- upon finding that the respondent’s use or possession of a weapon may pose a serious threat of harm to the child, prohibit the respondent from purchasing, using, or possessing a firearm or other specified weapon;
- determine ownership and possession of personal property and direct the appropriate law enforcement officer to attend and supervise the petitioner’s or respondent’s removal of personal property;
- determine temporary custody of the child who is the subject of the petition;
- determine parent-time with the child who is the subject of the petition, including denial of parent-time if necessary to protect the safety of the child, and require supervision of parent-time by a third party;
- determine child support in accordance with Title 81, Chapter 6, Child Support; and
- order any further relief the court considers necessary to provide for the safety and welfare of the child.
qualified domestic relations order (QDRO). a state-court order or judgment that (1) recognizes or provides for an alternate payee’s right to receive all or part of any benefits due a participant under a pension, profit-sharing, or other retirement benefit plan. QDROs exist so that such benefits can legally be divided between spouses in divorce that would otherwise prohibit or penalize the assignment of plan benefits.
relief. the redress or remedy, especially equitable in nature. Also sometimes termed remedy.
relocation. “means moving 150 miles or more from the residence of the other parent.” (See Utah Code § 81-9-209 (Notice of relocation—Effect of relocation on parent-time schedule). § 81-9-209 governs notice requirements and the procedure for adjusting the child custody and/or parent-time award in the event of a parent’s relocation. See also parent-time; custody modification.
reply memorandum. a document filed in response to a memorandum opposing a motion. Filed by the moving party. A reply memorandum in limited to arguments in rebuttal of new matters raised in the memorandum opposing the motion. See Utah R. Civ. P. rules 7(e) and 101(d).
respondent. the party against whom a motion or petition is filed in a domestic relations action, such a divorce, parentage, or juvenile court action. “The respondent answered the allegations in the petition.”
requests for admission. in pretrial discovery, a party’s written requests served on the opposing party who must admit, deny, or object to the substance of the requests. The admitted statements, along with any statements not denied or objected to, will be treated by the court as established and therefore do not have to be proved at trial. Also termed request for admissions; requests to admit. See Utah R. Civ. P. 36.
request for production of documents. a discovery device used by a party to a lawsuit to find the evidence that might be the basis or support for that party’s complaint/petition or defense. They are used primarily discover and establish the relevant facts in the case. These documents are used as evidence in a hearing or a trial.
restraining order. A court order prohibiting family violence; esp., an order restricting a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. This type of order is issued most commonly in cases of domestic violence. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government’s interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse. Also termed protective order; order of protection; stay-away order.
mutual restraining order. in a divorce proceeding, a court order requiring both parties to keep their distance from one another and prohibiting both from harassing and threatening each other. Distinct from a normal restraining order, either both parties are considered at fault or neither party is considered at fault when a mutual restraining order is issued.
retainer (for an attorney). a lump-sum fee paid by the client to engage a lawyer at the outset of a matter. — Also termed engagement fee.
rules of civil procedure. The rules governing civil actions in the Utah state district courts, including divorce and other domestic relations proceedings. The Utah Rules of Civil Procedure (abbreviated as “Utah R. R RCP” and “URCP” can be found at https://legacy.utcourts.gov/rules/urcp.php
rules of evidence. the rules governing the admissibility of evidence at hearings and trials in court. The Utah Rules of Evidence (abbreviated as “Utah R. Evid.” and “URE” can be found at
https://legacy.utcourts.gov/rules/ure.php
sanctions. a penalty or coercive measure that results from failure to comply with a law, rule, or order, such as fine, award or attorney’s fees, jail sentence, limitation or prohibition on the use of evidence, or even default judgment.
separate property. property that a spouse owned before marriage or acquired during marriage by inheritance or by gift from a third party and that has not been commingled with marital property during the marriage or in which a spouse did not otherwise acquire an interest during the marriage by maintaining or improving the property.
service of process. Service of process is the procedure by one party in a lawsuit or legal proceeding to give another party an appropriate notice of the initiation of legal action . The procedural due process clauses in the United States and Utah constitutions prohibit courts from exercising personal jurisdiction over a defendant unless the defendant has proper notice of the court’s proceedings. To meet this rule, courts require a petitioner to arrange for a respondent to be served with a court summons and a copy of the petition. These papers are collectively called process.
set off/offset. Something (such as an amount or claim) that balances or compensates for something else. The equitable concept of ‘offset’ recognizes that the debtor—and “debtor” can include a judgment debtor may satisfy a creditor’s or judgment creditor’s claim by asserting a legally valid claim of his own that serves to counterbalance or to compensate for the creditor’s claim.
settlement/settlement agreement/stipulation and settlement agreement/marital settlement agreement/divorce agreement. a contractual agreement that sets out divorcing spouses’ rights and responsibilities regarding property, alimony, custody, visitation, and child support. The divorce agreement usually becomes incorporated by court order as a part of the divorce decree and thus is enforceable by contempt, among other remedies. Also termed agreement incident to divorce; marital settlement agreement; separation agreement. Compare to PROPERTY SETTLEMENT.
property settlement. 1. A judgment in a divorce case determining the distribution of the marital property between the divorcing parties. A property settlement includes a division of the marital debts as well as assets. Also termed property division; division of property. 2. A contract that divides up the assets of divorcing spouses and is incorporated into a divorce decree. — Also termed integrated property settlement; property settlement agreement.
settlement conference (judicial settlement conference). An informal meeting with a judge aimed at resolving outstanding issues in a domestic relations case. In Utah judicial settlement conferences the judge fills the same role as a mediator would. In Utah judicial settlement conferences the judge is not the same judge assigned to the divorce or other family law case in which the parties are involved. The judge may hold the judicial settlement conference in the judge’s chambers, in the courtroom, or in a conference room. If either or both parties have an attorney, the attorneys will also attend the conference. Because the judge is acting in the role of a mediator in a judicial settlement conference, the judge cannot force the parties to agree to a settlement against their will. If they cannot reach an agreement, the case will continue toward trial. If they do reach an agreement, the attorneys for the parties will work together on a document that lays out the settlement. The parties will review and sign this document, and then the court case will be dismissed.
split custody. An arrangement in which one parent has custody of one or more children, while the other parent has custody of the couple’s remaining children. Split custody is fairly uncommon, since most jurisdictions favor keeping siblings together.
spousal support. See alimony.
stalking. The offense of following or loitering near another, often surreptitiously, to annoy or harass that person or to commit a further crime such as assault or battery. Some statutory definitions include an element that the person being stalked must reasonably feel harassed, alarmed, or distressed about personal safety or the safety of one or more persons for whom that person is responsible. In Utah, stalking is defined and prescribed by statute; specifically, Utah Code § 76-5-106.5 and civil stalking injunctions are governed by Utah Code § 78B-7-701:
(2) An actor commits stalking if the actor intentionally or knowingly:
(a) engages in a course of conduct directed at a specific individual and knows or is reckless as to whether the course of conduct would cause a reasonable person:
(i) to fear for the individual’s own safety or the safety of a third individual; or
(ii) to suffer other emotional distress; or
(b) violates:
(i) a stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions; or
(ii) a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions.
stipulation (see settlement).
subpoena. A writ or order commanding a person to appear before a court or other tribunal, subject to a penalty for failing to comply. In Utah, Rule 45, of the rules of civil procedure, governs the process and form of a subpoena:
subpoena duces tecum. A subpoena ordering the witness to appear in court and to bring specified documents, records, or things. — Also termed deposition subpoena duces tecum.
summons. A writ or process commencing the petitioner’s action and requiring the respondent to appear and answer the petition or risk having judgment entered by default against the respondent.
supervised parent-time (supervised visitation). parent-time, usually court-ordered, in which a parent may visit with the child or children only in the presence of some other individual (the supervisor). A court may order supervised visitation when the visiting parent is known or believed to be prone to physical abuse, sexual abuse, or violence. In Utah, supervised parent-time is defined and prescribed by statute; specifically, Utah Code § 81-9-207.
temporary or pendente lite motion. A motion for relief which will last until the final order is issued in the litigation. A motion for an order made during the pendency of the case. For instance, a motion for temporary child support or alimony in a family law proceeding.
temporary orders. Orders issued by the family court that are effective until entry of the parties’ final decree of divorce. Common subjects of temporary orders include child custody and parent-time, child support, alimony, possession of the marital home, assigning responsibility to one party or both parties to maintain payment of marital debts and obligations, etc.
temporary restraining orders (TRO). A court order preserving the status quo until a litigant’s application for a preliminary or permanent injunction can be heard. A temporary restraining order may sometimes be granted without notifying the opposing party in advance. In Utah, Rule 65A(b) of the Utah Rules of Civil Procedure governs motions for temporary restraining orders. Paragraph (f) of Rule 65A provides that a restraining order or preliminary injunction may issue only upon a showing by the applicant that: (1) there is a substantial likelihood that the applicant will prevail on the merits of the underlying claim; (2) the applicant will suffer irreparable harm unless the order or injunction issues; (3) the threatened injury to the applicant outweighs whatever damage the proposed order or injunction may cause the party restrained or enjoined; and (4) the order or injunction, if issued, would not be adverse to the public interest.
tender-years doctrine. The doctrine holding that custody of very young children (usu. five years of age and younger) should generally be awarded to the mother in a divorce unless she is found to be unfit. • This doctrine has been rejected (at least on the books) in Utah and replaced with the primary caregiver doctrine (which in many ways is still the tender-years doctrine in disguise). Also known as the maternal-preference doctrine.
testify. To give evidence orally or in writing under oath or by affirmation as a witness in domestic relations–or other legal–proceedings.
testimony. Evidence that a competent witness under oath or affirmation gives orally at trial or in an affidavit or deposition.
transcript. A handwritten, printed, or typed copy of testimony given orally; esp., the official record of proceedings in a trial or hearing, as taken down by a court reporter. Also commonly used with depositions.
trial. A formal judicial examination of evidence and determination of legal claims in an adversary proceeding. In family law proceedings, trials are held before a judge without a jury. These are known as bench trials because the case is “tried to the bench”.
UCCJEA. The Utah Uniform Child Custody Jurisdiction and Enforcement Act. A law that establishes rules for determining which state court has the authority to make child custody decisions when the child’s parents live in different states. It aims to create a uniform and predictable method for deciding which state’s court has jurisdiction in such cases.
verified declaration. an unsworn declaration in a signed record not given under oath but given under penalty of perjury and the laws of Utah governing false statements. Unlike an affidavit is, a verified declaration is verified because the declarant verifies by affirmation instead of under oath that he/she is telling the truth. See affidavit.
visitation (see parent-time).
Utah Family Law, LC | divorceutah.com | 801-466-9277
[1] “The marital standard of living is that which the parties shared, and courts consider the parties as a single unit when evaluating that standard.” Knight, 2023 UT App 86, ¶ 32. In terms of alimony, “the marital standard of living analysis is about whether the parties’ proposed points of calculation are consistent with the parties’ manner of living and financial decisions.” Id. (cleaned up).
