Miller Family Law

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Case Highlights from Miller Family Law:

  1. Obtained sole custody arrangement for father during modification proceedings.
  2. Obtained favorable settlement agreement from insurance company for lost business opportunities due to car accident.
  3. Defeated a request for protective order against our client, an out-of-state defendant, where petition raised decades old claims of disputed past abuse and successfully argued petitioner did not satisfy the intent of the statute by failing to show a reasonable fear of abuse.
  4. Increased property settlement for our client by 80% through negotiations with opposing counsel after multiple attorneys refused to accept our client's case.
  5. Successfully defended against a temporary restraining order alleging drug abuse and neglect of an infant where evidence of a failed drug test and warrant for arrest against our client was presented.  Argued that such evidence does not support a showing of abuse or neglect of our client's infant.  The restraining order was denied.
  6. Successfully obtained a protective order and supervised parent-time (visitation) to protect our client's child against neglect of his father during his parent-time.
  7. Assisted client in successfully recalling criminal warrants.
  8. Successfully represented father in mediation and settlement of paternity rights, obtaining favorable custody, support, right of first refusal and decision making orders.

Blog Posts

What is an uncontested divorce?

An uncontested divorce is one in which both parties agree on the terms of the divorce, or in which there is no opposition to the divorce petition.  There are several ways for these uncontested divorces to proceed.  One spouse can file a document stating to the court that he/she has received the petition and consents to its terms: in Utah, this is called am Acceptance of Service, Appearance, Consent and Waiver.  It allows the other spouse to file the appropriate documents to finalize the divorce based upon the petition.  Parties who agree upon the terms of the divorce may also file with the court a settlement agreement, or stipulation.  This is more common when one party essentially agrees to all the terms of the petition but may want to add or take away certain parts.  If the parties can agree to those changes, they can file the stipulation stating their agreement.  Finally, if the party served with the petition for divorce fails to answer the petition within the statutory time frame (21 days if they are in-state, 30 days if out-of-state), the court can enter their default and the divorce can be finalized based upon the petition.