You will find below answers to some of the more commonly asked family law questions.  Due to the complex and very individual nature of family law, each family law case is unique and requires an individual assessment of your case.  If you would like to discuss the specifics of your case, please contact McConkie Hales to schedule a consultation.

How long does it take to get divorced?

Utah has a 30 day waiting period from the date a party files for divorce until a judge will enter a decree of divorce.  In certain circumstances, the waiting period may be waived if a judge is convinced that extraordinary circumstances exist justifying waiver of the 30 day waiting period.

Do you have to move out of the marital home if your spouse files for divorce?

The filing of a petition or complaint for divorce is only a request to the court for relief.  You may be served with a petition for divorce and it says you should be ordered to move out of the marital home, this is not the same as an order that you must move out of the home. Obviously, every divorce is different and there may be times when it is a good idea to move out of the home but there are no requirements a party must move out based solely on the filing of a petition or complaint for divorce.

I was just served with divorce papers, how long do I have to respond?

If you are served within the State of Utah you have 21 days to file an Answer or 30 days if you are served outside of Utah.

Do I have to go to court if my spouse files for divorce?

Not necessarily. Most divorce cases are settled outside of court prior to trial.

I was served with a “Motion for Temporary Orders,” what does that mean?

In some cases, a party may ask the court to enter some temporary orders for custody, parent-time, child support, etc. to be in place until the parties agree to the terms of their divorce or there is a divorce trial.

Is there an advantage to hiring a male attorney or a female attorney?

No, you should hire an attorney you feel confident understands the issues of your case and is willing to give you sound advice on how to proceed in your case.