Family Law can be a complicated and overwhelming process for those who are not familiar with it? It encompasses several different services and areas of law, ranging from custody to divorce to power of attorney issues. If you’re not an attorney specializing in family law, you may have several questions about the process and what it involves. You may also want to know what exactly a family law attorney does that sets them apart from any other attorney. Here is a guide to the most commonly asked questions as it pertains to family law and family law attorneys:
Salt Lake City Family Lawyer Questions
What is Family Law?
The focus of family law encompasses many things, most of which involve marriage and children. Family law attorneys can assist you with a divorce by ensuring that you get what’s fair, including spousal support and/or alimony. Family law attorneys deal with issues regarding children, specifically in regards to custody arrangements and child support but can also assist with adoption, guardianship, state child protection, domestic violence, and restraining orders against adults.
What is the Difference Between Annulment and Divorce?
Both options end in the dissolution of a marriage, the difference is that an annulment treats the marriage as though it never happened. Due to the restrictions in place in regards to annulment, the vast majority of marriages are dissolved using divorce. In order to qualify for an annulment, there has to be a qualifying reason. These reasons include a person being forced to marry under duress, one of the parties already being married, accidental or intentional incest, if one of the parties is underage, and if alcohol is believed to have impaired either party’s ability to provide informed consent.
How are Child Custody and Visitation Determined?
The courts will decide child custody and visitation based on the best interests of the child. But what are the things that are considered when determining the best interests of the child? There are several factors that are considered, they include but are not limited to:
The children’s ages.
The wishes of the parents
The mental health of the children as well as the parents
The willingness of each to work with the other parent to maintain a relationship with the child
Which parent has been providing the majority of the care of the child up to that point.
Each parent’s ability to provide a loving and nurturing environment
Each parent’s living arrangements
The parents’ ability to provide for the child physically, mentally, and emotionally
The child’s attachment to his current surroundings and his ability to adjust to new surroundings
The children’s wishes
Any confirmed evidence of abuse or neglect by either parent
False allegations of abuse or neglect by either parent
If you’re going through a divorce or child custody proceedings, it is imperative that you have a good family law attorney on your side to help prepare you for the road ahead. As you can see, family law is a complicated process that involves many important processes that should not be taken lightly. Hire an attorney and go in with the knowledge and experience to get what you deserve.
Stacey Schmidt is lead counsel of the divorce and family team of Schmidt Law in Salt Lake City, UT and can answer any of your Salt Lake City family lawyer questions. She works hard to prepare her clients for a very difficult time in their lives and make sure they get what’s fair. For more information, please visit http://sschmidtlaw.wpengine.com/family-law/