Comprehending Family Law in Utah County
Family law in Utah County includes a broad range of issues pertinent to the formation and dissolution of a family. Some of the issues encompassed by family law are divorce, child custody, child support, alimony, prenuptial agreements, guardianship and adoption. Family law is an area of the law that is heavily centered in statutory law. In other words, the rights, obligations and remedies for the various family law matters listed above are for the most part set forth in the statutes or laws of the state of Utah. The statutes set forth the rules and regulations governing all of the areas of family law listed above. These statutes include: the statutory provisions on child custody and parent time can be found in Utah Code sections 30-3-10 thru 30-3-38 , the statutes pertaining to child support obligations can be found at Utah Code sections 78B-12-101 thru 78B-12-112, alimony is governed by Utah Code section 30-3-5, and the statutes pertaining to adoptions can be found at Utah Code sections 78B-6-101 thru 78B-6-144. While this list is not a complete list of the statutory provisions that govern all of the areas of family law, it covers a large portion of what people might need to know or ask about when it comes to family law. Failure to follow the provisions of the various statutes could lead to a levying of sanctions by the court ranging from the imposition of attorney fees to jail time for contempt of court. Taking the time to understand the requirements as set forth by the statutes is a must.
Why a Local Family Law Attorney is Important
When choosing a family law attorney, it is always imperative you choose one local to Utah County who knows the court system. For example, I have been in court weekly for many years and know the judges and often the clerks by name have their email addresses and have worked on many cases with them. This is huge because not only do we work in Utah County, the judges need to know us to some extent. Further, we all need to play nice. I have had a judge stop a case (even the trial case) because someone in the courtroom did not follow proper protocol. I realize this is part of people’s livelihood, but this is a small town with only a few attorneys able to practice in front of the presiding judges. Further, they have different personalities. Judge Thomas may not care as much about protocol, but Judge Swallow is very straight forward. Also, different judges have different views on how certain things should go. Judge Swallow and I have never agreed that she should be calling witnesses and asking them questions. We all know how client pressure can comment on cases. However, if a judge does not like how or why the case is handled, it is going to come back on you. Finding a long-term solution with an attorney who has been in the area for a while is very important.
Finding a Capable Family Law Lawyer
When it comes to finding a qualified family law attorney in Utah County, the process can seem overwhelming, especially if you have never needed to hire an attorney before. However, following a few simple steps can help you make an informed choice when selecting the right lawyer to handle your family law needs.
The first step in finding a qualified family law attorney in Utah County is to do some research. Start by asking friends, family, and coworkers for recommendations. If you don’t have any personal contacts with experience in hiring a family law attorney, try searching online for local lawyers in the field. It can be helpful to read reviews from previous clients, check their credentials, and even view their website before narrowing down your search. Pay special attention to the attorney’s area of focus and experience, as well as whether their values align with yours. It’s not always possible to gain insight into values from a website, so visit potential candidates in person when deciding.
Once you have done your research and narrowed down your choices, the next step is to schedule a consultation with potential attorneys. This initial meeting is a chance for you to meet the lawyer, go over your case and any specific concerns you may have. The lawyer will assess your situation and explain potential options. This process can give you a good idea of whether the attorney is the right fit for you. Trust your instincts on your initial interactions with the attorney. Choosing a lawyer, especially in a family law matter, is an intensely personal decision and you have to be comfortable with the person you choose.
When you meet with the attorney, have a list of questions prepared. Although the attorney will likely have their own questions, you may want to ask a few specifically about how they do business. Do they have a preference for textual rather than email communication? Will they follow up with you? What do they expect from you? Do they read material you send to them or only rely on your verbal communication? How do they charge? What is included in their fee? These are important questions to ask to determine if you feel you could maintain a healthy working relationship with that attorney.
Key Inquiries to Make to a Family Law Attorney
- How long have you been practicing family law? Some divorce attorneys dabble in a range of areas and are not mostly focused on family law. The laws and statutes regarding divorce in Utah are constantly changing, if the attorney you select is not 100% focused on this area of law, they may not be aware of the recent changes and you could inadvertently suffer from their lack of knowledge.
- How will you charge for your work? Some divorce attorneys charge by the hour, while others charge a flat fee. Most hourly rates are between $250 – $350/hour. Flat fees in Utah County run anywhere from $2,500 – $7,500. When asking potential attorneys about their fee arrangements, also ask how often they wheel bill you (i.e., every 2 weeks, monthly?)
- Will I be working with you directly or with another attorney in your firm? Some attorneys like to meet with potential clients and after they have a signed contract, hand the actual legal proceedings off to another attorney in their firm. Be sure to ask upfront if you will be working with the same attorney the entire time.
- If there is a disagreement, how do you manage conflict with clients? This question will give you insight into their personality. You want to make sure you can communicate with your attorney and also that your attorney can also communicate with you.
- Will I be able to contact your team directly for all communication , or will I be speaking mostly with your legal secretary? Sometimes client’s can only contact the legal secretary of the firm, which may be difficult. Ask how the attorney preforms a new case intake. Will they be involved in all communication regarding your case and will they be the ones to draft pleadings or file documents in court?
- If you accept retainer fees, how much and how do you collect additional funds? Most divorce attorneys work on a retainer. A retainer is an upfront fee for services. It is an advance against attorney fees. That means you pay the attorney for future services. Most attorneys have a sliding scale for continuing work, meaning for every $250 paid to the attorney the retainer fee goes down, and vice versa. You want to make sure that you clearly understand how the retainer works before you sign the agreement.
- Will I receive regular updates from my attorney and how often? What will those updates include? This way you will know how often you will be in contact with your attorney and they will be in contact with you on updates to your case and any new information.
- Do you have a preferred method of communication? Some attorneys like to work primarily by email, some prefer phone calls. It is a good idea to consider what you prefer and see if their preferred method of communication is in line with how you like to communicate.
Balancing Family Law Costs
Selecting a family law attorney is pivotal, as the costs associated with litigation can add up fast. In Utah County, like the rest of the state, the cost of hiring a family law attorney will usually consist of two elements: an initial retainer and hourly breakdown for services provided. On average, an attorney’s hourly rate in Utah County can range from $200 to $300. However, these rates can vary based on the legal firm’s experience and the complexity of your case.
Retainers are typically placed into a trust account under the firm’s name and depleted as work is completed. When fees accrued exceed the retainer amount, clients will be sent a bill until the funds run low.
Clients should always feel free to ask for clarification on the firm’s fee policies. It is also recommended that clients stay as organized as possible to keep attorney fees low. Keeping correspondence organized, focusing questions, and being forthcoming with all the facts related to your case can save both your attorney and you a huge amount of time and money.
Case Studies and Successful Outcomes
A recent case that demonstrates the significant role a skilled family law attorney can have on a family’s post-divorce adjustment is the following. Mrs. A came to our office concerned about a future divorce. Husband B frequently displayed angry outbursts that left her and the children feeling threatened. Additionally, he repeatedly undermined her parenting both in and out of the home. Ultimately, Mrs. A found herself filing for divorce with an Order of Protection against Husband B. Enter Attorney D.
Husband B challenged the order of protection, both physically and emotionally taunting Mrs. A with it. During their litigation, Husband B’s vicious retort to every request for communication concerning the kids was, "See you in court."
Attorney D learned Warner’s 3 A’s and 2 C’s (Advocate, Advisor, Armament, Calm, Control). After several disorganized court hearings , including several appointments with a guardian ad litem, Attorney D discovered a way to deal with Husband B that worked. Attorney D used the UT Senate Bill 48 custody evaluation and high conflict parental evaluation to show the judge that the divorce was not what was hurting the children, but rather, it was the toxic parenting relationship between parents that was terminally damaging the kids.
Attorney D obtained a very limited parenting plan for Mr. B that awards the A’s 65/35 residential schedule. He guaranteed a 3rd party supervisor for every visit. He made sure Wife A received the full tax credit for the children, and Husband B paid 100% of the uncovered medical expenses.
Ultimately, Attorney D proved to the judge that conflict is parenting poison. He did the family justice. He was an advocate, advisor, and advocate that won the family a soft place to land post conflict.