Preparing Findings of Fact for an Alimony Trial

Attorney Answer

Proposed findings of fact and declarations exist to give the judge a clear, organized, evidence-backed story of why you're entitled to the alimony award you're fighting for — treat them as your written case, not just paperwork.

"Findings of fact" are the specific factual conclusions you're asking the judge to adopt — for example, what your reasonable monthly needs are, what your ex-spouse earns, and what the marital standard of living was. "Conclusions of law" then apply the legal alimony factors to those facts. A declaration is a sworn written statement, signed under penalty of perjury, but do not treat it as a stand-in for testifying. Under Utah Rule of Civil Procedure 43(a), testimony at a trial or evidentiary hearing must be taken in open court, and Rule 43(d) allows affidavits and declarations only when a motion turns on facts that are not in the record. At your trial the judge hears your facts from you, live, and you will need to lay the foundation for each of your exhibits, so use the declaration to organize what you will say and then plan on saying it.

For an alimony dispute, Utah courts generally weigh factors like each spouse's financial condition and needs, earning capacity, the length of the marriage, and the standard of living during the marriage. Your findings and declarations should walk through each relevant factor with specific numbers and dates wherever possible — vague statements carry far less weight than a specific figure backed by a document.

Because this is headed to trial, precision matters more than length. Every factual assertion in your declaration should be something you can testify to personally and, ideally, back up with a document — pay stubs, bills, bank statements, or prior court orders.

Time limits: You mentioned a court-set deadline for these filings. Court deadlines in trial preparation are strictly enforced, and missing one can limit what evidence or arguments you're allowed to present at trial. Confirm the exact date and any related filing requirements directly against your case's scheduling order or with the court clerk, and if you have any doubt about what's required, get a Utah family law attorney to review your draft before you file.

What you can do

1. Pull your case's scheduling order to confirm exactly what's due, in what format, and by when. 2. Draft your findings of fact factor-by-factor, matching Utah's alimony considerations, with specific numbers rather than general statements. 3. Attach or reference supporting documents — pay stubs, bank statements, budgets — for every factual claim you make. 4. Have someone else read your declaration for clarity and to catch anything that reads as opinion rather than fact. 5. If you can, get a family law attorney or a limited-scope ("unbundled") attorney to review your findings and declarations before filing, even if they aren't representing you at trial.