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801-948-8889
  • About Us
    • Why Choose Eric M. Swinyard?
    • Eric M. Swinyard
    • Ryan Ficklin
    • Keith L. Johnson
    • Mark Hales
    • Eliza Crespo
    • Ally Paschal
    • Benjamin R. Wall
    • Orion Foxx
    • Carrie Kimsey
    • Francesca Shepherd
    • Crystal Aparicio
    • Ashley Folau
    • Brittney Spencer
  • Practice Areas
    • Divorce
    • Family Law
    • Estate Planning
  • Locations We Serve
    • South Jordan
    • Provo
  • Resources
  • Blog
  • Reviews
  • Contact
  • Search

Davis County Family Law Attorney

Home  >  Davis County Family Law Attorney

A divorce changes how your family lives, where your children go to school, and how you plan for the years ahead. Those decisions deserve more than guesswork. Our attorneys help people across Davis County — in Layton, Bountiful, Farmington, Kaysville, Clearfield, Syracuse, Centerville, and the surrounding communities — understand what Utah law allows, what the Second District Court in Farmington expects, and what a realistic outcome looks like in their case.

We bring calm guidance, clear communication, and candid legal analysis to matters that rarely feel calm from the inside. Whatever the temperature of your case, our goal is to give structure to decisions that may otherwise feel overwhelming.

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How Can a Davis County Divorce Attorney Help?

Most divorces come down to a short list of issues that carry long consequences: child custody, parent-time, child support, alimony, the marital home, retirement accounts, business interests, bank accounts, and debt. Each one interacts with the others. An agreement that looks reasonable on custody may not hold up once support and housing are factored in.

Working Toward a Just Resolution

Hiring an attorney is not a decision to fight. It is a decision to have independent advice before you sign something permanent. We review the full financial picture, identify details that are easy to overlook, and build a practical strategy based on your circumstances rather than a template. Many of our cases resolve through negotiation or mediation. When they do not, we are prepared to try them.

Call (801) 948-8889 for a 30-minute consultation.

Divorce Representation in Davis County

Contested and Uncontested Divorce

An uncontested divorce means the spouses agree on every issue and the agreement is reduced to a decree. That does not make the paperwork simple. A decree that is vague about holiday parent-time, the refinance deadline on a house, or how a retirement account gets divided tends to send people back to court years later. We draft with that in mind.

A contested divorce means at least one issue remains open. Contested does not have to mean hostile. Many contested cases settle after the parties exchange financial disclosures and see the same set of numbers for the first time.

Temporary Orders During a Pending Case

A divorce can take months. Temporary orders address what happens in the meantime — who remains in the home, what the parent-time schedule looks like, who pays which bills, and whether temporary support is appropriate. Because temporary arrangements often become the status quo a court is reluctant to disturb, we take the early stage of a case seriously and gather documentation before the first hearing, not after it.

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How Does a Davis County Divorce Lawyer Address Property?

Utah is an equitable distribution state. Marital property is generally divided fairly, which usually starts from an approximately equal overall framework but may assign different holdings to each spouse. Property owned before the marriage, or received by gift or inheritance, may be treated as separate — though that can change if it was commingled during the marriage.

The Marital Home

For many Davis County families, the house is the largest asset and the most emotional one. The practical question is usually whether the spouse who wants to stay can refinance the mortgage alone. If the numbers do not work, options include a sale with a division of proceeds, a deferred sale tied to a child's graduation, or an offset against other assets. We work through the actual figures before anyone commits to a plan.

Retirement Accounts and Pensions

Contributions made during the marriage are typically marital, even when the account is in one spouse's name. Dividing an employer plan usually requires a Qualified Domestic Relations Order, a separate document the plan administrator must approve. Pensions and government or military retirement benefits each follow their own rules. Getting the order drafted correctly the first time avoids a problem that may not surface until retirement.

Businesses and Complex Assets

A closely held business, professional practice, rental property, or equity compensation requires valuation before it can be divided or offset. We coordinate with valuation professionals and accountants when a case calls for it, and we are candid about when that expense is justified and when it is not.

How Are Davis County Child Custody Cases Decided?

Utah courts distinguish legal custody — the authority to make major decisions about education, healthcare, and religion — from physical custody, which is where the children live. Courts decide both based on the best interests of the child, weighing each parent's involvement, the stability of each home, the child's relationship with each parent, and the parents' ability to cooperate.

School and Transportation Logistics

Davis County custody cases are often decided by geography as much as anything else. Davis School District boundaries, a commute down I-15 to Salt Lake City or north to Ogden, shift work, and early-morning activities all shape which schedules actually function. A plan that looks balanced on paper falls apart if it requires a 6:30 a.m. handoff across the county on a school day. We build schedules around how your week really runs.

Communication and Co-Parenting

Courts notice how parents communicate. We encourage clients to keep written messages short, factual, and focused on the children — "vanilla" is the goal. Co-parenting apps and shared calendars reduce friction and create a clean record if the schedule is ever disputed.

Parent-Time in Utah

Utah statutes set out minimum parent-time schedules, including separate provisions for children under five and an optional increased schedule for school-age children. These are starting points, not ceilings. Parents are free to agree to something different, and courts often approve a customized schedule when it fits the family's work, school, and travel realities. Where a case involves distance, safety concerns, or a parent re-establishing a relationship, the schedule may be structured in phases.

How Is Child Support Calculated in Davis County?

Utah uses an income shares model. Child support is calculated from both parents' gross monthly incomes and the number of overnights each parent has, applied against the statutory guideline tables. The guideline amount is presumed correct, though a court may deviate when the presumed figure would be unjust in a particular case.

Two issues come up repeatedly in Davis County cases. The first is income that is not a steady salary — overtime, seasonal work, commissions, or self-employment — which requires a fair averaging rather than a snapshot of one good month. The second is the treatment of a parent who is voluntarily unemployed or underemployed, where a court may impute income based on earning capacity.

Support orders also allocate medical and dental insurance premiums, out-of-pocket medical expenses, and work-related childcare. Those add-ons are frequently overlooked in agreements drafted without counsel, and they are a common source of later disputes.

When May Alimony Be Part of a Davis County Divorce?

Alimony is intended to address a genuine need that one spouse cannot meet alone, when the other spouse has the ability to help. Utah courts look at the receiving spouse's financial condition and needs, earning capacity, the payor's ability to pay, the length of the marriage, whether the receiving spouse has custody of minor children, and contributions each spouse made to the other's earning power. As a general rule, alimony does not last longer than the marriage itself.

We Look at More Than Just Income

Gross pay is only the starting point. Bonuses, overtime, self-employment income, benefits, and a realistic monthly budget all matter. We prepare a financial declaration that reflects how your household actually spends — because an inaccurate budget, in either direction, tends to produce an award that does not hold.

What Happens During the Utah Divorce Process?

Filing in the Second District Court

Davis County divorce cases are filed in the Second Judicial District Court in Farmington. Utah requires that you have been a resident of the state and the county for at least three months before filing. Once the petition is filed and served, the responding spouse has a limited window to answer.

Utah's 30-Day Waiting Period

Utah imposes a waiting period after the petition is filed before a decree can normally be entered. Courts may waive it in limited circumstances, but most cases use that time productively — exchanging financial disclosures, completing required courses, and working toward settlement.

Required Divorce Education Courses

Divorcing parents of minor children must complete a divorce orientation course and a divorce education course. Both are available online, and the certificates are filed with the court. Finishing them early keeps them from delaying your decree.

Hearings and Trial

Many cases resolve at mediation, which Utah generally requires before a contested matter proceeds. If issues remain, the case moves toward trial, where a judge decides them. We prepare cases as though they may be tried, which tends to produce better settlements.

The Calm, Focused Representation Our Clients Value

  • Candid assessments, including when the answer is not what you hoped
  • Clear explanations of each step, without unnecessary legal jargon
  • Thorough preparation before hearings, mediation, and trial
  • A focus on your actual goals, not on winning every argument
  • Professional coordination with valuation experts, accountants, and custody evaluators when needed
  • A stable team that knows your case
  • Firm advocacy when the case requires it — calm by default, but never passive

Call (801) 948-8889 to schedule a 30-minute consultation.

FAQs: Davis County Divorce Lawyer

Can one lawyer represent both spouses?

No. An attorney represents one party. One spouse may retain counsel to draft documents while the other proceeds unrepresented, but only one of you receives legal advice in that arrangement.

Do I have to leave the family home?

Not automatically. Moving out does not forfeit your interest in the property, but it can affect temporary parent-time. Talk to an attorney before you go.

Can I hire a lawyer for only part of my case?

Often, yes. Limited-scope representation lets you retain an attorney for a specific task — a mediation, a hearing, or drafting a decree — while handling the rest yourself.

Are divorce court records public?

Most filings in a Utah divorce are public, though certain financial and child-related records are protected. We can discuss what is and is not visible.

Can I restore a former name?

Yes. A request to restore a prior name can be included in the decree.

What if my spouse does not respond?

If your spouse is properly served and does not answer within the deadline, you may be able to proceed by default and obtain a decree without their participation.

Is a decree easy to change later?

Custody, parent-time, and support can be modified when there is a substantial change in circumstances. Property division is generally final, which is why getting it right the first time matters.

Other Family Law Matters We Handle

Our work in Davis County also includes adoptions, guardianships, protective orders, paternity cases, prenuptial and postnuptial agreements, and post-decree modifications and enforcement. When more than one matter is running at the same time, we coordinate them so that filings in one case do not undercut your position in another.

Talk With a Davis County Divorce Lawyer About Your Next Step

You do not need to have every decision made before you call. Most people start with questions about the house, the children's schedule, and what the process will cost. A consultation gives you straight answers and a realistic view of where your case stands — so the next step is one you choose rather than one that happens to you.

We represent clients throughout Davis County, including Layton, Bountiful, Farmington, Kaysville, Clearfield, Syracuse, Centerville, Woods Cross, North Salt Lake, Clinton, Fruit Heights, and West Point, with cases heard in the Second District Court in Farmington. If you are weighing whether to file, responding to a petition you did not expect, or trying to change an order that no longer fits your family, we are ready to talk it through.

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Call (801) 948-8889 for a 30-minute consultation. Se Habla Español.

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Practice Areas

  • Provo Family Law Attorney
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  • Military Divorce Lawyer in South Jordan
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  • Utah Divorce Attorneys
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  • South Jordan Personal Injury Lawyer
  • Utah Alimony Lawyer
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With a primary focus on family law and divorce, Eric M. Swinyard & Associates offers compassionate and results-driven representation for people navigating some of life’s most emotional and challenging legal matters.

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Call us Today 801-948-8889

South Jordan, UT

10406 1055 West
Suite 201
South Jordan, UT 84095
801-948-8889

Provo, UT

180 N University Ave.
Suite 270
Provo, UT 84601
801-948-8889

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Davis County

1725 S Legend Hills Dr, Suite 345
Clearfield, UT 84015

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