Family Law in Utah Explained
Family law encompasses several legal areas, and more often than not, these intersect at numerous points. In Utah, family law is largely governed by the Uniform Family Laws Act. Some of the areas of practice within this act include divorce, child custody, alimony and adoption. Utah is a no-fault divorce state, and the only grounds for divorce are as follows: In sum, residents need no specific reason to file for divorce. While divorce is perhaps the most common area of family law practiced in Utah, it is certainly not the only one. If the parties share children, divorce proceedings may also result in further legal proceedings concerning child custody. Utah law includes several guidelines regarding how parents share custody. This is beneficial for the protection of the children, as it enforces co-parenting and shared decision-making. A related area of family law involves alimony. Utah does not have a fixed formula for determining alimony , but judges consider factors including the ability to pay and the standard of living during marriage when making decisions. In some cases, alimony is permanent, while other cases call for only temporary arrangements. Adoption is another facet of family law, and under the Uniform Family Laws Act, there are two types: agency and independent. Agency adoptions occur when a parent places a child with an adoption agency before the child is legally freed for adoption. For independent adoptions, the parents directly place the child with prospective adoptive parents. Utah law requires that potential adoptive parents utilize an adoption entity when completing an adoption, and procedures vary based on whether adopting a relative, agency or independent child. With these four areas forming the basis of most family law cases in the state, it is important for St. George residents facing family law matters to become better informed. As local family attorneys, they can provide a great deal of guidance.
Reasons to Consult a Local Family Law Attorney
In St. George, Utah, hiring a local attorney may provide clients with better results than hiring an attorney from outside the area. Family law is complicated and most people only experience an issue that falls within the purview of family law once or twice during their lifetime. So, it benefits clients to find a local attorney who knows and understands not only the local court environment, but also has a good working relationships with other professionals involved in family law, such as accountants and mental health providers. These relationships may help the attorney resolve cases faster and more amicably than lawyers who are either not from the area or who have not taken the time to develop positive relationships with others involved in family law matters. Attorneys in the Saint George area already have those relationships.
Hiring a local attorney also helps clients avoid having to spend unnecessary time and money on travel that may be required if the lawyer is not located nearby.
Attributes of an Effective Family Law Attorney
When searching for a family law attorney in St. George, Utah, it is important to look for certain qualities. First and foremost, a good family law attorney will be an excellent communicator. He or she will keep you updated on the status of your case and promptly answer any questions you may have. Experience is another key quality of a good attorney. He or she should be able to demonstrate a track record of successfully advocating for families in similar circumstances to yours. A good family law attorney will also possess empathy. A divorce or related legal matter can be one of the most overwhelming events in your life. It is essential to have an attorney who understands how you are feeling and offers guidance with compassion and care. Finally, a good attorney will have a successful track record. Make sure to review online ratings and testimonials to understand how previous clients feel about their experiences. While every marital situation is unique, the above-mentioned qualities of a family law attorney in St. George, Utah will go a long way in helping you achieve the best possible outcome.
What to Ask an Attorney at a Consultation
The most important factor in choosing a family law attorney in Utah is trust; you need to trust and feel comfortable with your attorney. However, you also want to ensure you are making an informed decision based upon your initial consultation. There are certain key questions you should ask at your initial consultation to ensure you are choosing the right family law attorney for you. First, how much will it cost? While no attorney can promise what a case will cost from the beginning, it is still important to get a general idea from your attorney about what fees may be involved. Many attorneys charge an initial retainer fee to begin work on your case, and then bill by the hour. The retainer fee is then deducted from the hourly fees. It’s important to know this up front so you can budget accordingly. Also, ask your attorney if they have payment plans and what the options may be. Also, always ask about court costs. Your attorney should be aware of these and be able to give you a rough estimate . Second, how will we communicate during the case? You will want to make sure your attorney will be available to you via phone or email and that you can schedule meetings with them as necessary. Communication is extremely important throughout the duration of your case, and it is essential that you have an attorney you can contact with any questions you may have. Additionally, when you do have a meeting, make sure you understand how you and your attorney will communicate with each other and what to expect during the case. Third, how will you handle my case? Ask your attorney how your case will proceed and what their strategy will be going forward. You should discuss what your case will look like each step of the way and what to expect from your attorney. Transparency is key to a successful attorney/client relationship! Finally, what can I expect at the end? What can you expect from your case? Will you go to court? Can you figure out your divorce and child custody agreement quickly? Will you need to take part in mediation? Make sure you and your attorney thoroughly discuss the end goal of your case so you know what to expect going forward.
Types of Family Law Cases in St. George
Contested and uncontested divorces are common family law cases in St. George. Almost half of the marriages in St. George end in divorce. Divorce is often contentious and can involve heated battles over children, property and debt division. Some couples strive to reach amicable settlements from the outset or through mediation.
When a mother and father raise their children in St. George, they may experience a custody dispute when they separate. The Utah family court system prefers to use joint legal custody whenever possible. Parents must make decisions about school, health care and religious upbringing. The mother and father have joint access to records, like report cards, vaccination histories and medical files. One parent may have primary custody with the children remaining in the home, but parenting time with the other parent is usually generous.
Victims of stalking, emotional abuse and physical violence may file petitions for a protective order in St. George. If the judge grants the petition, the perpetrator of abuse must stay away from the victim. The perpetrator cannot visit the home, communicate over social media or phone, or otherwise enter certain locations the court has restricted. Victims of domestic violence often seek divorce.
How to Get Ready for a Family Law Case
The preparation for a family law case is of the utmost importance for success in your matter. For starters, you should organize your paperwork before meeting your attorney. You can use the following "checklist" to help keep track of the necessary documents needed for your case. It is also very important to keep a record of all income, including paystubs and any other income received, as this will be very important when calculating child support and alimony. Maintenance of all documentation is also important for your attorney to pursue an effective strategy for your family law case. Ask your attorney for corroborative evidence such as paystubs, bank statements, and tax forms. It is also important to maintain good communication with your attorney while your case is pending. You should maintain records of all communication with your attorney , including emails, phone calls, etc. Good communication with your attorney will allow the case to move along smoothly and avoid any hiccups during your case. You can also consider creating a list of questions to ask your attorney during your consultation in order to be able to stay focused on the case at hand. The proper organization of finances is also imperative to remain on track with the family law case at hand. You should maintain updated bank statements, credit card statements, loan documents, and investment documentation at home for review by your attorney. Likewise, the maintenance of updated bills at home may be of concern to your attorney with regards to resolving a matter such as alimony or spousal support.