The area of family law is composed of the legal relationships between family members. These relationships can include those of parents, children, spouses, domestic partners, and guardians. Issues involving family law can include: marriage, divorce, child custody, child support, adoption, reproductive rights, paternity, and domestic violence.
Family law encompasses the rules, regulations, and court procedures that involve the family unit. As such, it is not uncommon for cases that are heard in family court to be very personal and emotional. Family law attorneys help their clients file for divorce or separation, child custody and visitation, child support, and alimony. Experienced lawyers also assist their clients in establishing paternity, obtaining domestic violence restraining orders, property division, debt allocation, and parenting plans.
Family law attorney is a person who deals with all the matters of families. No matter if it is a matter of marriage, divorce, child custody, property, ownership, etc. The Family-law attorney deals with all such matters. A Family-law attorney is out of the zone of the criminal justice system and works only under civil law. Whenever a person gets a problem in family matters, no matter how severe the condition is, a Family-law attorney is hired, not a criminal lawyer. A Family-law attorney has the massive responsibility of getting justice for his clients.
The first step to finding out the best Family-law attorney during your research is to determine why you and whether you need a Family-law attorney or not. By identifying this, you will be able to know the specialized area of Family-law attorney for which you need services. One you will recognize this; you will be able to narrow down your Family-law attorney research only to those who deal with problems that you are facing.
Decide the Right Venue
This is also an important step to keep in mind because every country and state has its laws under which it works. It is therefore important that the person who is filing the case chose the right venue of the claim. The venue must be the one in which both the member of the party is present. In another case, it will be difficult to follow the example if the laws have huge differences. Another benefit of doing this is that the Family-law attorney you will choose will know the court and the judges of that place. It will be easy for him to evaluate the situation and also will have an idea that how to handle the case before the authorities.
Do Some Research
Quick research about the Family-law attorney you are going to choose for your case will be of great help as it will provide you with all the background knowledge of the lawyer. You can search for the official website of the Family-law attorney and see how his work is going on and how active he is participating in different cases. Moreover, you can also go through social media account of your chosen Family-law attorney, as it is also helpful in understanding that person. Other than this, you can see the press releases about that person or meet someone of his organization to know well about him and his working attitude. This point is of great importance, so never neglect or miss it.
Narrow Down Your Choices
After all the above efforts gave, you will be now able to narrow down the search of your Family-law attorney. You might have 10 Family-law attorneys on your list in the start, but after the above evaluation, you might be left with only 2 or 3. Now, you can choose the best one out of these very easily. You may consider the minor factors for this. For instance, you can choose the Family-law attorney who is nearest to you, who is more understanding and comfortable for you. By looking into these small details, you are now able to get the best option out of the entire Family-law attorney in your surroundings. After doing this, you can even call your chosen Family-law attorney to get consultation on phone or either request to have a personal meeting in which you can get in-person consultation. You can ask them about simple preliminary questions about their career and ambitions. In this way, you can evaluate them on a personal level and get to know how seriously they will carry out your case and how determined they are for their profession.
Making Final Decision
You can call your selected Family-law attorney and ask for a meeting for which you will get an appointment. Some Family-law attorney charges for even early meetings, but if you are sure that you will select that Family-law attorney, then there is no harm in paying the fee. Some charge on the hour basis and some charge collectively for the whole day, so you can ask them about it and know about their charges so that you may go with preparation. During this phone call, you must ask your Family-law attorney that what things you need to take with you for the first appointment.
Gather Your Documents for First Meeting
If your Family-law attorney does not tell you about the documents that you have to carry with you for the first meeting, then you can decide it on your own. You can find out about the essentials by searching online. Now, after finding out about the essential documents to be carried with you, take out copies of all of them. You may have to go to other Family-law attorney also, so make sure you keep more than one copy with you. Also, leave the original documents back home so that you may not lose them in any case. They must be kept safe and only taken outside when you need them at any cost.
Think About Your Case
Now, you are also required to gather details about your case that you might have forgotten over time. There will be so many questions that your selected Family-law attorney is going to ask you for, so you must be able to answer them properly and in detail. This would only be possible if you revise your case thoroughly in advance and then go to the Family-law attorney for the further proceedings. It is very important to remember every detail of your case because even minor things matter when it comes to winning a case in court. So, if you are not able to tell your Family-law attorney even a single detail of your case, you lose the chances to win it. So, keep your eyes open and make sure you remember everything and also deliver that to the Family-law attorney.
Make the List of Questions to Ask
As much as it is important to make the list of things the Family-law attorney could ask you, you have also to make a list of questions that you need to ask your chosen Family-law attorney. These questions are both general and specific to the case for which you are going to hire that Family-law attorney. Make sure you ask questions and feel satisfied with the answers of the Family-law attorney because if you do not feel comfortable and hopeful about the future proceedings of the case after visiting your Family-law attorney, then you might not have a good chance to carry on with such Family-law attorney. You can ask the Family-law attorney about how much he will charge you, how much time he will give to the case, when he is expecting the case will be resolved, how tough it would be for him, etc. These questions might look very simple, but they are the way in which one can evaluate a Family-law attorney about his skills, professionalism, and ability to win the case for you.
Plan a Schedule with Family-law attorney
Now after you are done with all the essential work, that is, you have met your Family-law attorney and asked every question you wanted, the next step you have to take is to schedule out your future meetings with him. Now as you will be satisfied and comfortable with your Family-law attorney, you can make a flexible plan for your meetings because you know that you will be working with him for a long time so compromise will be made and a proper plan will be constructed. It is not easy, but you can make it off your Family-law attorney is determined enough. Also, you must be very strong in your plans so that the Family-law attorney may not get relaxed at any point. So, you have to enforce regular meetings with the Family-law attorney.
Reasons You Need a Family Law Attorney
Here are a few reasons why choosing a qualified family law attorney is the right decision:
• Objective advice – Even if you’re the party who is initiating the divorce action, chances are that you are experiencing some very deep emotional turmoil concerning the matter. When emotions are running high, it’s easy to make rash decisions that, in hindsight, will prove to be ill-considered. Having a family law attorney in your corner means that you have a professional who can offer objective, fact and experience-based advice regarding your divorce. A family law attorney can help you avoid going for a quick resolution that leaves you at a long-term financial or parenting disadvantage.
• Access to top-notch consultants – In contentious divorce proceedings, the testimony and advice of professionals such as bankers, investment consultants, appraisers, physicians, and mental health experts may be necessary. Experienced family law attorneys have contacts with many of these experienced professionals and can recruit knowledgeable experts who can lend authority to your case with their knowledge.
• Courtroom experience – There is no substitute for experience when it comes to litigation. Family law attorneys have spent a significant portion of their careers in the courtroom arguing divorce cases. This experience gives them unparalleled insight into what tactics opposing attorneys will pursue and how judges will react to various arguments and evidence. While most divorce cases settle, the most contentious ones end up in a courtroom and, in that circumstance; you want a seasoned professional on your side.
• Familiarity with opposing counsel – Most family law attorneys in your area will interact in court and develop working relationships. Experienced family law attorneys can draw upon those contacts to work effectively with your spouse’s attorney to help negotiate a settlement that is fair and equitable.
• Alternatives to litigation – Family law attorneys can advise their clients on whether alternatives such as divorce mediation may be appropriate for their circumstances. Mediation can save divorcing spouses with good communication the time, expense, and stress of a divorce proceeding. In mediation, a facilitator helps guide divorcing spouses to an amicable agreement. While this option isn’t for everyone, many couples have used it to successfully end marriages without the acrimony involved in divorce.
• Pricing – Family law attorneys understand how tough the divorce process can be, particularly with regard to finances. Family law attorneys may charge more competitive rates than non-family law practitioners and may also be more willing to work with clients regarding payment.
How Much Do Family Lawyers Cost?
The fees charged by a Family Lawyer can vary dramatically depending on how experienced the Lawyer is, the complexity of the case and whether they charge an hourly rate or a fixed fee. However, they should provide you with an estimation of the expected fees from the outset. There are many areas of Family Law that a Family Lawyer or Attorney may specialize in, the main areas of focus being divorce, children matters and the cost of each matter can vary depending on the complexity of the individual case and the amount of work the Lawyer is ultimately instructed to complete. To assess the cost of an hourly rate case will require the client and the Lawyer to discuss the circumstances in detail and estimate how much work the matter will require. Once this has been established, the Lawyer should be able to provide an accurate estimate of fees, though this will still only be estimation. A fixed fee service is where the Lawyer provides a quote before any of the work starts, and this price is guaranteed not to change. Some clients prefer this as it means they know exactly where they stand right from the start. Regardless of whether a Family Lawyer is charging a fixed fee or an hourly rate, they should discuss the fees with their client right at the point of initial engagement
In most Family Law matters, there are likely to be additional costs that will need to be paid alongside the legal fees. It’s important to understand what these costs are so that you can budget accordingly.
• Court Fees: When an application is sent to Court, depending on the nature of that application, the Court will charge a fee for the application. In divorce matters, this is currently $333 in Utah. This fee is separate to the Lawyer or attorney’s fee as this is paid directly to the Court and is known as a ‘court filing fee’ and a ‘vital statistics fee.’
• Barrister Fees: Depending on the nature of the case there may be further disbursements required. If a case is taken to Court, for example, then the Family Law Solicitor may arrange for a barrister to represent the client at the hearing. Typically, a barrister will be able to offer a fixed fee for representation at Court.
• Tracing Agent and Process Server Fees: Sometimes, if someone who is involved in a Family Law matter cannot be located and their contact details are unknown, a tracing agent may need to be instructed. This is an organization which attempts to track down the missing individual. In addition, it may also be necessary to instruct a process server, which is an organization that serves the individual with legal documents, advising them of the legal proceedings. A process server will usually be instructed if there is an individual who is difficult to track down or who is not engaging with the proceedings. This is because the Court requires that reasonable efforts are taken to notify an individual of legal proceedings that involve them.
Things an Attorney 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 lawyer 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.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506