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
Based on 1013 reviews
Worked with Nick and Carren they did an awesome job with a difficult situation. The whole Brown law team was excellent to work with. I would highly recommend them to anyone that needs thier services. Thank you Nick and Carren also the rest of the team. On a side note everyone i delt with was very friendly! Thank you again!
Clay is the best
Clay was fantastic. I really appreciated his professionalism and knowledge. I would absolutely recommend him to anyone needing his services.
Helped me with everything, supported me in all my decisions! Communication is top notch! Never worked with a lawyer who was so easy to get a hold of! They are the best!
Daniel is a wizard. He’s incredibly knowledgeable and has a real gift for walking you through stressful situations with clarity and calm. He makes the process feel easy when it could otherwise be overwhelming. Highly recommend working with him!
⭐️⭐️⭐️⭐️⭐️

Navigating a divorce is never easy, and I am so grateful to have had the support of attorney Nathaniel Garrabrandt and paralegal Carren Leavitt. From start to finish, they were responsive, professional, and compassionate. I really appreciated the weekly check-in Every phone call and email was answered promptly. There were moments when I needed immediate help with custody issues and protection—Nathaniel handled those situations with calm expertise and gave me the reassurance I needed during such a stressful and uncertain time.

Divorce can feel overwhelming, but having strong legal guidance made all the difference. Nathaniel and Carren provided not only the legal knowledge but also the steady support that helped me feel protected and confident moving forward. I couldn’t recommend Briwn Family Law more highly to anyone needing a reliable and caring legal team!
David Handy and his team were fantastic in helping me navigate custody time with my daughter. He gave the me reassurance and encouragement I needed with each step and I couldn't be more grateful to him! Thanks David! And to his team Candace & Brooklyn for being very helpful in keeping constant communication open. I enjoyed working with everyone!
I had a great experience. Amazing guidance and direction to best help me and my situation.
This has honestly been a first-class experience! I've gotten to work with many attorneys throughout my life and none have been as attentive as, Clay Randle has been.
Daniel and Carren were great to work with. They took time to help me understand the process and get through a difficult time. When I had questions they were quick to respond and really listened to my concerns.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts