Frequently Asked Questions
Gibb Law: FAQs
Life can sometimes take unexpected turns, leading you into unfamiliar legal territory. Whether it’s the complexities of family law, the challenges of a personal injury case, or the intricacies of civil litigation, facing legal issues can be overwhelming.
That’s where our FAQs come in. We understand the confusion and uncertainty that often arises during these times, and we’re here to provide some guiding lights. Think of this FAQ section as your legal map, offering answers to frequently asked questions and equipping you with the basic knowledge to navigate these legal crossroads. So, browse our FAQs, explore the legal landscape with confidence, and remember, we’re always here to help you find your way.
Please note that the information provided here is for general informational purposes only and does not constitute legal advice as each case is different. For specific legal advice, contact us.
Family Law FAQs
Utah recognizes both no-fault and fault-based grounds for divorce. In a no-fault divorce, simply stating “irreconcilable differences” is sufficient. For fault-based divorces, grounds include adultery, abandonment, cruel treatment, imprisonment for a felony, or habitual drug or alcohol abuse.
To file for divorce, you need to meet residency requirements and complete the necessary paperwork. Each case is different so it is highly recommended that you reach out to us so we can guide you through the process. Separation agreements require similar steps, though they don’t legally dissolve the marriage.
Utah courts prioritize the child’s best interests when determining custody. Factors like the child’s relationship with each parent, each parent’s ability to provide care, and stability are considered. In most cases, courts aim for a shared custody arrangement, but sole custody may be granted in specific situations.
Utah uses a specific formula to calculate child support based on parents’ incomes and other factors. Reach out to us so our team of legal experts can ensure accurate calculations and protect your rights, which is crucial.
Yes, you can request modifications if there’s been a significant change in circumstances, such as a parent’s income or the child’s needs. Send us a message so we can help you navigate the modification process and ensure your request is properly presented in court.
Personal Injury Law FAQs
A personal injury case arises when you are injured due to someone else’s negligence, recklessness, or intentional wrongdoing. This can include car accidents, slip-and-fall accidents, product liability, and more. You must have suffered physical or emotional harm, and the other party must be demonstrably responsible for causing those injuries.
Generally, in Utah, you have four years from the date of your injury to file a personal injury lawsuit. However, certain exceptions may apply depending on the specific circumstances of your case.
The compensation you may receive in a personal injury case depends on various factors, including the severity of your injuries, lost wages, medical expenses, emotional distress, and pain and suffering. A skilled personal injury team like Gibb Law can assess your case and help you navigate the complex process of seeking fair compensation.
Insurance companies often prioritize their own interests over yours. It’s essential to be cautious when engaging with them. Avoid providing unnecessary details about your injury or accepting low settlements without consulting an attorney. Remember, you have the right to legal representation during any insurance claim process.
General Civil Litigation FAQs
The process of a civil lawsuit can vary depending on the complexity of the case and the specific jurisdiction. A general overview involves pre-litigation, filing the complaint, service of process, discovery, motions, trial or settlement, judgment, and appeal.
Trial or settlement, judgment, and appeal.
Unfortunately, there’s no one-size-fits-all answer. The timeline can range from months to years, depending on factors like case complexity, court backlog, and negotiation progress. It’s crucial to discuss realistic timelines with your legal counsel.
Here’s a breakdown:
Civil Lawsuit
Purpose: Seek compensation for harm or enforce rights
The burden of proof: Preponderance of the evidence (more likely than not)
Outcome: Monetary damages, injunctions, or specific performance
Parties Private individuals or entities
Criminal Case
Purpose: Punish wrongdoing and protect society
The burden of proof: Beyond a reasonable doubt
Outcome: Conviction and punishment (fines, imprisonment)
Parties: State vs. individual
Whether you have a valid contract dispute depends on several factors, including:
- Breach of contract: Did the other party demonstrably violate the terms of the agreement?
- Damages: Did you suffer financial or other losses due to the breach?
- Statute of limitations: Have you filed your claim within the allotted timeframe?
If you’re not still sure you have a valid dispute, reach out to us.
Absolutely! Alternative dispute resolution (ADR) methods like mediation and arbitration offer faster, often less expensive ways to settle disputes outside the courtroom. These options can provide flexibility, privacy, and mutual agreement on a solution.