Utah Family Law Attorneys — Areas of Specialization

It is well known that court proceedings are generally available to the public, and family law matters such as divorce proceedings follow this rule with few exceptions. Victims of sexual abuse and children in particular may be granted a special exception allowing their records or specific parts thereof to remain private under seal. In these cases, it is up to the discretion of both the family lawyer and judge to decide whether or not filing documents should be done confidentially.

Have you been given a final decision in family law court that you don’t agree with? You may have the right to legally appeal it. Family lawyers can assist and guide you through the entire process of appealing, which must be done within certain prescribed time limits. Moreover, remember that an appeal is not a way of having your case heard again; rather, its purpose is for the appellate court to review how your case was handled and decided by the trial judge.

Family law covers all areas of the law involving family relationships, including:

• Divorce
• Adoptions
• Child Custody
• Guardianship
• Child Support
• Any related family law matter

If you’re facing family court proceedings, it is essential to be familiar with the terms related to family law. That’s why an Utah based family lawyer can assist in representing and negotiating your case so that what’s best for you will prevail. These are a few of the most important definitions:

• Emancipation — Gaining autonomy and taking charge of one’s own wellbeing is the journey to adulthood for minors.
• Marital Property — During a divorce, any possessions owned jointly by either spouse during the marriage can be fairly divided.
• Alimony — In order to provide financial stability during the legal separation/divorce process, one spouse may offer an allowance to the other.
• Paternity — Identifying the true parentage of a child.
• Prenuptial Agreement — A prenuptial agreement is an accord between two partners before marriage that relinquishes their rights to each other’s assets in the event of a divorce.

If a parent wishes to relocate and take the children with them without their spouse’s consent, this matter will be determined by a court of law. Before an initial custody order is established, Utah family laws stipulate that the judge must review all relevant “best interest of the child” factors. Once a custody order has been issued however, two elements need to be proven in court before relocation can occur:

1. To prove that the child’s or parent’s life has experienced a dramatic change since the custody order, strong evidence of “permanent and material change of circumstances” must be presented.
2. Moving is the most beneficial decision for the child’s growth and wellbeing.

A skillful Utah family law attorney can help you navigate the legal system and fight for a favorable result in court.

Need to Understand How Family Court Works? Here’s What You Need to Know.

The majority of family law court proceedings in Utah involve the following stages:

• Opening a case — In order to initiate the legal proceedings, an individual must file a complaint or “action” against another person. The party issuing this document is known as the Plaintiff and the recipient of sapapers is referred to as the Defendant.
• Responding to the case — The Defendant is required to submit legal documents as a response to the case. These papers are known as “answer and counterclaims”.
• Case management conference — Within 90 days of the Defendant filing his answer-and-counterclaim papers, both parties must make their way to court and have a conversation about their dispute. This is an imperative time where you will benefit greatly from having legal representation.
• Mediation/settlement — Courts typically suggest that disputing parties resolve parenting issues in an out-of-court setting. If both sides can come together on matters such as child custody and visitation, without involving a third party adjudicator, it is ideal. There are many settlement programs available to parents should the judge need to refer them for assistance with reaching an agreement. These services involve neutral mediators who provide insight into finding mutually beneficial solutions.
• Motion practice — Obtaining a final ruling from the court can be a lengthy process, so it is often beneficial to secure provisional orders while awaiting the judge’s ultimate decision. To this end, both parties may submit motions requesting temporary orders. Through these requests, they are able to receive guidance on how their case should progress until its conclusion.
• Discovery — As the trial progresses, both sides present their evidence and evaluate each other’s arguments for strengths and weaknesses. This process continues until a verdict is reached by the court.
• Trial — If a full resolution is not achieved, the judge will schedule a trial wherein the final ruling is issued. Herein, evidence, witness accounts and other pieces of information are presented to the judge who makes an authoritative judgment on your case. During this time period you can count on your attorney to present your defense with utmost conviction.
• Post-trial — You can challenge a judge’s ruling after a trial if you feel it is unfair.
• Changing the order later — As life progresses, court orders may no longer be realistic or legally binding. Fortunately, judges are always willing to modify their rulings when necessary.

Apart from the usual family law topics such as divorce and child custody, our Utah lawyers are also equipped to attend to other matters that involve wills, estates, prenuptial agreements and more. With their wealth of knowledge in this field of law, you can rest assured knowing your legal concerns will be competently addressed.

Our esteemed attorneys in Utah specialize in five distinct areas of family law.

• Divorce issues — Our Utah family law attorneys are outstanding mediators, assisting you to reach a divorce agreement that is mutually beneficial and rational.
• Estates and wills — Our expert attorneys are available to assist you in crafting a will that guarantees your prized possessions and estate is transferred to the beneficiaries of your choosing.
• Child custody agreements — Let us assist you with creating and modifying child custody agreements – we strive to make the process simpler for everyone involved.
• Prenuptial agreements — Before marriage or union, couples can craft prenuptial agreements detailing spousal support and division of assets in the event that a divorce or parting occurs. Our family attorneys based in Utah are here to assist you with drafting these useful contracts as well as address any issues related to them down the line.
• Litigant representation — While many family disputes can be resolved outside of court, it’s possible for them to escalate and require a courtroom appearance. In such cases, you’ll need the assistance of an experienced family law attorney who will represent your best interests in the proceedings.