James R. Balmforth: Family Attorneys

Divorce and all legal issues associated with this pivotal life event can be resolved through negotiation, mediation and dynamic representation in trial. Legal elements connected to divorce include custody, visitation and asset and property division. Your best legal support will come from a Utah family law attorney who has open communication with you and helps you to make important decisions with the information and insight you need. Family Attorneys in Utah can as well help you with a number of issues related to family law including, but not limited to:

• Asset and property division is a fair and just distribution of marital property and debts.

• Child Custody includes disputed cases. In sole physical custody the most able parent, best equipped to provide a safe, stable and healthy environment is selected. Visitation can be a part of this to help the noncustodial parent continue a relationship with the child.

• Shared custody means that both parents demonstrate the ability to cooperate and communicate in sharing responsibility for a child.

• Visitation involves the creation of comprehensive parenting plans suited to individual family circumstances. They protect your children’s well-being and your vital relationship with them.

• Child support Utah courts recommend that you consult an attorney about child support. This is because calculating child support can be very complicated. It’s possible to limit your consultation to this or other aspects of your case
.
• Protection orders are often necessitated when domestic violence is threatened. They may also be requested by a party seeking to gain an advantage in a custody dispute.

• Adoption and guardianship are alternatives that enable other responsible caregivers such as stepparents and grandparents the legal right to make important decisions regarding the welfare and protection of children.

• Paternity actions can be made on behalf of either a mother or father who chooses to take responsibility and seeks to claim custody or visitation rights.

• Prenuptual and Postnuptual Agreements can not only help protect assets, but it can also help clarify any debt issues. We live in a time when divorce is more common, it is always wise to be informed.

• Mediation is required by Utah Law for Divorcing Spouses

• Divorce Modification is the legal process of amending a divorce order issued by a court.

• Virtual Visitation is a broad phrase that refers to any use of technology that a parent uses to keep in contact with his or her child.

• Parental Kidnapping or parental abduction is defined as the concealment, taking, or retention of a child by his parent in violation of the rights of the child’s other parent or another family member.

• Grandparent’s Rights – Grandparents are heavily involved in child rearing in many families, sometimes as the primary caretakers.

Things Family Attorneys Can Do For You

• Handling Divorce Issues: Undergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court.

• Handling Estates and Wills: A will is a legal document through which people state how they would wish their property to be managed when they die. Family law attorneys are responsible for assisting people in drafting these documents. They also have what it takes to ensure that an estate is administered as stated by a deceased via the will.

• Handling Child Custody Agreements: When a couple separates, one of the most difficult issues to handle has to be what happens to the children. Couples need to agree on how to take care of the children they have had together in the new arrangement. Child custody is defined by an agreement in which both parents have to live with the terms therein. A competent family lawyer can help parents that are parting ways to draft such an agreement. A family law attorney can also help parents in amending child custody agreements if need be.

• Handling Prenuptial Agreements: A prenuptial agreement is a contract signed by a couple prior to a marriage or a civil union. Although the content of such a contract may vary from one case to another, its main aim is to spell out the provisions of spousal support and division of the property in the event of a breakup or a divorce. A family Attorney can assist a couple in drafting a prenuptial agreement and handling any matters that may arise from the contract according to the law.

• Represent Litigants in Court: Although family attorneys can help people to settle family disputes outside court, some of these matters still end up in the courts. In such a case, family lawyers are best suited to help litigants get justice. These attorneys handle such cases almost every other day, and therefore, they have the necessary legal knowledge and practical experience to help litigants to navigate the complex jungles of the family law and ensure that justice is served accordingly.

Family Law

Family law is a legal practice area that focuses on issues involving family relationships, such as adoption, divorce, and child custody, among others. Attorneys practicing family law can represent clients in family court proceedings or in related negotiations and can also draft important legal documents such as court petitions or property agreements. Some family law attorneys even specialize in adoption, paternity, emancipation, or other matters not usually related to divorce. States have the right to determine “reasonable formal requirements” for marriage, including age and legal capacity, as well as the rules and procedures for divorce and other family law matters. Prior to the Supreme Court ruling legalizing same-sex marriage, some states restricted marriage (and divorce) to opposite-sex couples only.

The following is a primer on family law and what it entails.

Family Law Terms to Know

o Emancipation: A court process through which a minor becomes self-supporting, assumes adult responsibility for his or her welfare, and is no longer under the care of his or her parents.

o Marital Property: Property acquired by either spouse during the course of a marriage that is subject to division upon divorce.

o Alimony: An allowance made to one spouse by the other for support during or after a legal separation or divorce.

o Paternity: Origin or descent from a father (to establish paternity is to confirm the identity of a child’s biological father).

o Prenuptial Agreement: An agreement made between a man and a woman before marrying in which they give up future rights to each other’s property in the event of a divorce or death.

Reasons You Should Hire a Family Law Attorney

Most family lawyers represent clients in divorce proceedings and other matters related to divorce. But family law is a relatively broad practice area, including such issues as foster care and reproductive rights. Since family law matters hit so close to home, having a trusted legal professional by your side can help you ensure your loved ones are properly represented and protected during any legal process.

The most common reasons to hire a family law attorney include:

• Divorce: Each partner hires his or her own attorney, who will help devise a settlement plan in order to avoid a trial. Divorce attorneys typically are skilled at dividing marital property, calculating spousal support, and proposing a plan for child custody, visitation, and support (if applicable).

• Child Custody / Child Support: Court orders and settlement agreements involving both custody and support usually are included in the larger divorce case, but may be revisited as conditions change. For instance, child support may be altered after the non-custodial parent’s financial situation changes.

• Paternity: In most cases, paternity cases are filed by the mother in an effort to secure child support payments from an absent father. But sometimes biological fathers file for paternity in order to have a relationship with their child. Paternity typically is determined through DNA testing.

• Adoption / Foster Care: Adoption is a complex process that differs according to the type of adoption, where the child is from, variances in state laws, and other factors. Therefore, it’s important to consult with a family law attorney. Foster parents sometimes adopt their foster children, but the foster process does not necessarily require legal representation.
You may want to consult with a family attorney for any big changes in the family dynamic, including:

• Civil unions and domestic partnerships
• Marriage
• Prenuptial agreements
• Divorce
• Separation
• Property settlements
• Alimony
• Child abuse
• Spousal abuse
• Child custody
• Child kidnapping
• Adoption

Not every family attorney will have experience in all of these categories. Be sure to ask which areas your lawyer practices to confirm that his or her practice areas fit your needs.

How Much Does a Family Attorney Cost?

Family Attorney typically charge by the hour, though some also use flat rates for simple services like document drafting or reviews. Rates will vary depending on where you live and the complexity of the matter. Set a rate with your attorney up front so that you know what to expect at the end.

What Should I Expect When Working with a Family Attorney?

Because the family law practice area is so broad, it’s hard to say exactly what you can expect from a family law proceeding. But in the end, you should have a better defined relationship with your family. In any case, your attorney should supply you with advice on whether you should take your case to court and how strong your case is. Your attorney should take you through every step of the process of filing papers or a lawsuit. For document creation or review, you can expect that your family attorney will create a legally binding agreement that has clear terms you can understand. If you have to go through negotiations or go to court, there is no guarantee that the outcomes will be ideal for you, but having a family lawyer on your side will give you the best information and chance of winning your case.

What Kind Of Personality Suits A Career In Family Law?

A career in family law may require working with both adults and children, so you must be prepared for client-facing work. These children and adults may find themselves in distressing situations, and so you must be able to cope in those scenarios. It also helps if you have a passion for helping people and want to work on handling relationships and interacting with your clients. Your work as a family attorney will vary hugely from that of a tax lawyer, for example. It is also important to be able to detach yourself from the client and their problems on a personal level, as you must always stay professional. Before its implementation, the new divorce procedure under this act which included compulsory information meetings before divorce was tested. Unfortunately, despite seemingly advantageous goals, the FLA 1996 was not well received in pilot studies. For that reason, up until the governments’ recent commitment to implementing “no-fault divorce”, the Matrimonial Causes Act 1973 continued to contain the relevant provisions regarding divorce.

Family Law Practice Insights

Family law is a practice area that encompasses the many legal issues that families may face. Some of the issues they may cover include divorce cases and spousal and child support issues. They may also work with:
• Child custody
• Division of assets and liabilities due to divorce
• Adoption
• Termination of parental rights
• Paternity
• Dependency and child neglect
• Protection from abuse