Utah Divorce Order to Show Cause: Sworn Declaration

This post is building off my recent posts about Utah motions for contempt (correct name: orders to show cause).

When you file a motion for an order to show cause (you can see our template motion here), you have to file a sworn declaration (think: affidavit) along with it.

A sworn declaration is where you really lay our all the allegations and evidence you have to prove your ex violated your divorce decree.

Couple things to keep in mind about sworn declarations:

  1. You can only testify about what you know first-hand.

So, no telling the court your friend’s cousin’s aunt said your ex violated your decree. No, what you testify to is what you’ve seen, heard, or experienced personally. If what your friend’s cousin’s aunt has information you need to tell the court, she needs to fill out her own sworn declaration.

  1. Only put relevant stuff in the sworn declaration.

If your ex hasn’t paid child support in six months, don’t write about how he or she was a terrible spouse during your marriage. That information, while extremely pertinent to you, will just muddy the waters. It takes away from the heart of the matter: i.e., that your ex hasn’t paid child support. Also, it annoys the judge, and you don’t want to annoy the judge.

With that said, here is our template sworn declaration:

SWORN DECLARATION IN SUPPORT OF PETITIONER’S/RESPONDENT’S MOTION FOR ORDER TO SHOW CAUSE RE: CONTEMPT 

STATE OF ___________       )

) ss

COUNTY OF ___________  )

I, XXXX X XXXX, hereby state as follows:

  1. I am the XXXX in the above-entitled action. The following statements are all based on my own direct observation and personal knowledge.
  2. I am XXXX X XXXX, and I am over eighteen years of age and I am fully competent to testify regarding the following.
  1. XXXX. (In this paragraph and the ones that follow, write whatever you feel necessary to let the court know how your ex violated your divorce decree. It’s best to keep it to one major idea per paragraph. If you have evidence you need to let the court see, attach it to the sworn declaration as an exhibit. Keep things tight, don’t ramble.)
  2. XXXX.
  3. XXXX.
  4. XXXX.
  5. XXXX.
  6. XXXX.
  7. XXXX.
  8. XXXX.

Dated ____ XXXX 20___.

SWORN DECLARATION

As authorized by Utah Rule of Civil Procedure 101(a) and Utah Code, Section 78(B)-5-705(1), and subject to the penalties prescribed in Utah Code, Section, 78(B)-5-705(2), Petitioner/Respondent, XXXX XXXX, declares under criminal penalty of the State of Utah that the foregoing XXXX is true and correct.

Executed XX XXXX 20XX.

/s/ XXXX XXXX

(Original signature on file with Brown Family Law)

XXXX XXXX

Petitioner/Respondent

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 916 reviews
You get what you pay for, and the Brown Family team is worth every penny. We truly appreciated their team-based approach, making sure that every detail of our case was thoughtfully handled. They were incredibly easy to work with, kept us informed throughout the process, and made sure no question ever went unanswered. By far the best family attorneys I’ve worked with, and the only ones I’ll call if I ever need legal help again.
Response from the owner:Chris, thank you. Glad we were able to guide you through your process.
Andrew made the whole process smooth and quick! Kept me updated on any changes, and followed up with me constantly!

Made me feel at ease throughout the whole process and made sure I felt seen/ heard!
Response from the owner:Joselyn, thank you for the kind words.
David Handy is my attorney and he is excellent. He understands my cases and is well informed to defend my needs and the needs of my kids. He is supportive and compassionate. Telling me how things are and what to expect. He does very well with my high conflict cases (protective order and divorce). I highly recommend him and the Brown Family Law firm. Everyone I have talked to is helpful. Especially Conor Schetzel who is currently the paralegal on my cases.
Response from the owner:Suzanne, thank you and glad David has taken care of you.
Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
Response from the owner:Jaren, thank you for the referrals.
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
Response from the owner:Meghann, so glad Ray and Carren took good care of you.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Response from the owner:Thank you, Monica.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
Response from the owner:Mike, thank you for the kind words and the referrals.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
Response from the owner:David, thank you for our conversation and taking the time to leave this review.
My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.
Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.
Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.
Response from the owner:Casey, thank you and so glad Andrew served you well.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts