You may be wondering what family law really means and what scenarios fall under the family law umbrella. Most people think immediately of divorce attorneys when they envision family law. That is certainly a major part of it, but divorce itself is only the tip of the iceberg when it comes to the various legal dilemmas a family and individuals can face. I’ll walk through some of the common family law issues many people deal with. If you find yourself facing any of the following problems or situations, you’ll want to seek help from a family law attorney.
Divorce is almost always a difficult process, even if both spouses are agreeable and amicable about the situation. Divorce is much more than just ending a marriage. There are many complexities and options before you particularly if you have children. If you find yourself going through divorce in Utah, Hoyer Law Firm is eager to help.
Property division is also known as equitable distribution. Property is not necessarily divided evenly, and in most cases it isn’t at all. Rather, the property will be divided between the couple as fairly as possible by the court, and there are many factors that impact that decision. One of the main considerations by the court is to determine what is marital property versus non-marital property. Many couples have disagreements about what property should or shouldn’t be considered marital property, and consequently seek aid from a family law attorney.
Few things in a divorce become as complicated or emotional as determining custody of children. This is a fragile and difficult time in your children’s lives, and coming to a fair and conflict-free agreement is in everyone’s best interest. Professional legal expertise will ensure you know your rights under Utah custody laws, as well as help you avoid intense complications that lead to increased expenses, stress, and damaged relationships between parents and children.
Unsurprisingly, child support often creates a large amount of contention in a divorce. Child support also extends beyond divorce and affects parents who didn’t marry each other. If you find yourself on either side of a child support battle, skilled legal guidance will help alleviate your burden and ensure you’re being fairly treated.
Questions regarding the support of a child tend to come up when a child is born to a married, co-habiting couple, or when a single woman claims a previous relationship led to her having a child. Paternity actions are designed to help a parent protect visitation, custody, and child support rights. Paternity suits can be filed by any man who believe he is the father, as can a woman who is pregnant or given birth to a child.
Alimony (or spousal support) can be awarded in various forms during a divorce case. There are multiple factors that affect whether alimony is awarded and how much: the length of the marriage, the health and age of each party, each party’s income as well as employability issues. The legal and financial complexities of determining alimony are best handled by an experienced attorney.
Prenuptial agreements make it possible for couples to address financial and property ownership issues in the event of death or divorce. Prenuptial agreements are designed to protect and preserve an individual’s property to avoid potential future property division legal issues (particularly in divorce cases). These agreements can also include details outlined for alimony and child support obligations.
Dispute resolution (or collaborative law) is when both parties work together and are represented by attorneys with expertise in the collaborative process. In these situations, both parties strive to avoid litigating their issues and instead try to resolve them peacefully. This process is a major advantage when involving children. When both spouses involved are working together instead of against each other, they speed up the divorce and avoid higher legal fees, lower stress, and retain control of important decisions rather than allow a judge to choose for them.
If you’ve already been involved in a family law issue and are unsatisfied with the resolution, hope is not completely lost. You can take action and appeal the ruling to seek an agreement that better fits your needs.
Casey Hoyer with Hoyer Law Firm has been assisting families with family law issues since 2003, offering his expertise and guidance with their best interest in mind. Call us today at 801-901-0797 to schedule a free consultation.