St. George Family Law Attorney | Alimony Disputes

Posted on December 22, 2011 by Jerry Salcido

Alimony is probably one of the most highly contested subjects in divorce proceedings next to child custody issues. Parting spouses are rarely of the mindset that they want to give money to the person they are divorcing once they are separated. So whether a party is pushing for no alimony or just less than what the other person wants, this area of law usually involves a lot of fighting. Obviously whatever the court ends up deciding is going to have a very real impact on your life and as such you should be sure to put forth the best arguments possible. The best way to make sure that your interests are represented and properly expressed to the court is by having an attorney at your side.

Utah’s Alimony Laws

There are a number of different factors that influence a courts decision concerning alimony. One of the common things to know is that courts are not likely to award alimony for a period of time l0nger than the duration of the marriage. Another thing to note is that any argument over money is going to require a lot of evidence showing how much a person makes and what was made during the marriage. With all the complexities of alimony arguments it is well worth the time and money to have an attorney help you in your alimony dispute.

Southern Utah Alimony Attorney | Divorce and Family Law Practice

Whether you are going through a divorce or are unhappy with the alimony award that was placed in your divorce decree, the lawyers at St George Divorce Attorney can help you. Our attorneys are experienced in divorce proceedings and have helped hundreds of family law clients. We will work tirelessly for your interests and make sure that your rights are protected. Call or email us today to set up a free consultation.

 

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Cedar City Divorce Lawyer | Family Law Attorney

Posted on December 11, 2011 by Chris Salcido

If you are looking for a divorce lawyer in Cedar City, Utah, you found the right place. We recently opened a new office location in Southern Utah to better serve our clients in the south end of the state. From Cedar City and Parawan to Hurricane and St. George, we can help with all your family law needs. We have helped numerous families in Cedar City with such matters as divorce, child custody, support, and paternity. We also realize that some families find themselves facing tough cases with DCFS and need a lawyer willing to fight for their parental rights.

The courts in this end of the state have their own way of handling domestic matters so you need a lawyer who is experienced in the local courts. We get many calls each week from people in Cedar City and St. George who are unsure about how to proceed in their divorce or other family law case. We take great pride in helping Southern Utah families through these difficult times.

Family Law Attorney in Cedar City

There are many advantages to hiring a local attorney for your case. For instance, our lawyers in Southern Utah are familiar with the other lawyers in the areas and know how to work with opposing counsel to get you a good resolution in a timely manner. Additionally, a family law attorney in Cedar City from our office better understands the unique circumstances of families in the area.

Meeting with an Attorney

Since we offer free consultation and have a local office, there is no reason not to meet with an attorney at our law firm today. We have represented numerous individuals just like you who want protection in their pending case. Phone us to meet with a lawyer at your convenience, 435.216.1034. You can also email us anytime or chat with us online. We are easy to get a hold of and are responsive to our clients needs.

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Paternity Disputes | St. George Family Law Attorney

Posted on December 9, 2011 by Jerry Salcido

When most people think about a paternity case they only think about establishing who the natural father of a child is. However, in a legal sense, a paternity case is much more than establishing who the father is. For couples who are not married but have children together, a paternity suit is how issues such as child support and child custody are decided. Normally these issues would be dealt with through divorce proceedings, but if the couple was never married there would be no way to establish who the father ways, how much child support should be paid, who gets custody of the children, and how will visitation work. So the legal system has established the paternity suit as a way to deal with these things for those who are not legally married.

Paternity Compared to Divorce

Although divorce is usually viewed only as the vehicle to split up a marriage, there is a lot more that goes into a divorce proceeding than just splitting up the couple. Because of this a paternity action is very similar to a divorce and really is only lacking the part where you split up the couple. Furthermore, in most paternity case situations the couple is splitting up and going through a similar process emotional as do couples divorcing.

Establishing Paternity | Family Law Representation in St. George

If you are having issues with the father or mother of your children and feel like you need to establish your rights legally then call the lawyers at St George Divorce Attorney. We offer experienced family law representation in St. George, and we can help you deal with the difficult situation you have been placed in. Whether you have custody of the kids right now or are fighting with an ex that won’t let you see your children we can help. Call us today to set up a free consultation. 435.216.1034

 

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St. George Utah Protective Order Defense Lawyer

Posted on November 13, 2011 by Chris Salcido

If you have been served with a protective order in St. George, Cedar City, or anywhere else in Southern Utah, you need a protective order defense lawyer to take your side and help get you the best possible result in this difficult situation. Restraining and other orders carry significant penalties. While some people choose to defend themselves in protective order cases, many others understand the importance of hiring a family law attorney to defend them and ensure their rights are protected in the process. From Beaver and Parowan to Cedar City and St. George, we can take your defense in any corner of the southern part of the state.

Protective Order Penalties

There are many potential penalties you are facing once you have been served with a protective order. A protective order can have a serious impact on your employment in some cases and can show up on a background check. A protective order can also mean you will no longer be eligible for certain state licenses including concealed weapons permits and hunting privileges. Most importantly, if you ever violate your protective order, you could be facing a Class A misdemeanor and be sentenced to jail. As you can see, protective orders carry big penalties and should not be taken lightly. To ensure you have the best chance of success in a protective order case, you should at least speak to a lawyer at out Southern Utah law firm today.

Laws on Protective Orders in Utah

In order for someone to get a protective order against you, they must be able to prove that you physically harmed them or that you threatened them with physical harm. Not all protective orders are filed in good faith. We understand that some people abuse the process by getting a restraining order to gain an advantage in a custody dispute or to simply harass or punish the other side. We won’t let anyone take advantage of you. Get us on your defense now.

Defense Team 801.625.1753

At our office, we understand how to defend protective orders and look forward to representing you in your case. We have an understanding of how the legal system works in Southern Utah and can help you through a divorce or domestic violence matter in addition to defending you in the protective order hearings. If you have been served with a restraining order in Utah, do not wait, call us today at 801.625.1753.

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Utah Marital Contracts | Family Law Attorney

Posted on October 31, 2011 by Jerry Salcido

Premarital & Post-marital Agreements

Most people have heard of a prenuptial agreement or “prenup” from popular media. The storyline usually involves engaged couples becoming upset at one another over the issue of one party suggesting that they enter into a prenuptial agreement. Although prenuptial or premarital agreements are usually viewed with scrutiny under the public eye, they do actually serve a very useful purpose in many settings, and are probably more common than most believe. Often marital contracts such as premarital or post-marital contracts are viewed as abstract devices, however when marriage is viewed as a contract between two individuals, then a pre or post-marital agreement is simply an amendment to the normal marital contract.

Reasons for Marital Agreements

There are two main types of marital agreements a prenuptial/premarital agreement or a post-nuptial/post-marital. The only difference between the two agreements is the point in time when they are executed, a premarital agreement of course being before marriage and a post-marital agreement coming afterwards. The most common scenario when a marital agreement is beneficial is when couples are getting married later in life, either for the first time or for subsequent marriages. In these cases the parties most likely have more assets and may even have children that they eventually want to leave their assets to. By entering into a marital agreement the parties can dictate how their assets will be handled upon, death, separation, or divorce. Furthermore, parties can dictate how divorce proceedings will be handled if they take place as well as stipulating that alimony will not be awarded.

Family Law Attorney | Southern Utah

Although marital agreements may not be the most romantic thing engaged couples can do they may at times be the smartest. If you are considering a pre or post-marital agreement then contact the lawyers at St George Divorce Attorney. We can help you understand the process and help clear up the misconceptions so you can make an educated decision. Call or email us today to set up a free consultation.

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Divorce Mediation in Southern Utah | Family Law Attorneys

Posted on October 16, 2011 by Chris Salcido

Searching for divorce mediation in Southern Utah? You found the right place. At our office, we have trained divorce mediators who practice in St. George, Cedar City, and all through out the southern end of the state. You can either meet with a divorce mediator in our office or a member of our team can come to you. We travel to provide mediation service to all the different rural areas in the bottom half of the state. All of our mediators are also practicing family law attorneys so you can rest assured you will have someone mediating your case who understands the divorce laws in Utah, and also has experience in what the actual judges with certain issues.

Mediation vs. Litigation

There are many benefits to choosing mediation over traditional litigation. First, mediation allows you and your soon to be ex to arrive at a negotiated settlement that is specific to you both and works for your particular circumstances. A judge’s decision in family law matters sometimes does not work for either party. Mediation also helps to prevent “mud slinging” which may be important if you have children and will have to co parent with your spouse. Two of the biggest reasons why people choose mediation over going right into court are the time and money factors. While a good mediator will cost money, the cost is nothing compared to what you can spend on lawyer fees by battling it out in court. While you may spend a few hundred ollars in mediation, a divorce case that goes to trial may be 20 times or more in the amount you spend in attorney’s fees. The next big benefit is the amount of time you will save. If the two of you are able to agree on a final settlement in mediation, the divorce can be made final fairly quickly. On the other hand, if you both fight it out in court, it will likely be at least a year before your case may be resolved. Save yourself the time and money involved with fighting in court, call and speak to one of our attorney mediators today.

More Information 435-625-1753

Speak with a St. George Divorce mediator today. We can help assist in the resolution of your claims. If you find mediation is not right for you, we have Utah divorce lawyers who can take your case this distance in litigation. No matter what you decide, we can provide a free consultation and give you all the information you need to make an informed decision about your family rights. Call 435.645.1753 now to speak with a lawyer.

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St. George Divorce Lawyer | Divorce Modification

Posted on October 4, 2011 by Jerry Salcido

Divorce Decree’s are a binding judgment by a court that parties have to follow if they don’t want to run into future legal proceedings. However, a divorce decree can be modified if there has been a substantial change in the circumstances of the parties that was not contemplated by the divorce decree. Some of the more common things that are cited as a substantial change have to do with money, for example, job loss, or a party getting married and the new spouse bringing in money as well. There are four areas of the decree that can be modified; alimony, child support, child custody, and parent time.

Utah Divorce Modification Proceedings

The divorce modification process is very similar to the original divorce proceedings. Courts encourage parties to resolve issues outside of court, like in divorce, but if no agreement is made then the court gets involved. Also the court uses the same standards and rules as before and in reality the only difference should be the substantial change in circumstances mentioned above. The argument for substantial changes can be in relation to your own circumstances, your ex spouse’s, or even your children’s. As is the case in the original divorce proceedings any custody issue will be resolved by considering what is in the best interest of the child.

St. George Divorce Attorney

If you are divorced and find that the terms of your divorce decree no longer apply to your situation, then call the lawyers at St George Divorce Attorney, you may be able to get your decree modified to better fit your circumstances. With the help of an experienced family law attorney you will have a better chance of convincing the court that the changes you want are in the best interest of the kids, and the right thing for the court to do. Call or email us today to set up a free consultation.

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St. George Custody Lawyer | Joint Custody in Southern Utah

Posted on September 24, 2011 by Chris Salcido

If you are looking for a St. George custody lawyer to help you get
a joint custody in Southern Utah, you have found the right law firm. We have
helped numerous clients achieve the arrangement with their children they desire
despite sometimes tough odds. At our office, we understand how important it is
for you to get the time with your kids that is in their best interests. We take
every divorce and paternity case seriously and we work towards your goals.

Joint Custody Factors | Cedar City | Washington City

In order to have the best chance of getting joint custody, you
should understand which factors the judges in Cedar City, Washington City, and
other areas are considering in making the determination as to whether or not
such an arrangement is the best thing for the children involved. Some of the
major things judges look at when trying to answer this question are the needs
of the children, the parenting abilities of each parent, and in some case
involving older children, the children’s preferences. When looking for a
custody attorney in Utah, make sure your advocate understands these factors and
how to best argue on your behalf to protect your interests with your kids. At
Salcido Law Office, we understand these issues and know how to put your best
case forward. We represent individuals all over the southern end of the state so whether you live in Beaver, Kanab, or Santa Clara, we can help.

Free Consultations – Call us today

You can meet with a lawyer in our St. George law firm at a time
that is convenient for you at no initial cost. We provide free consultation and
are available by phone anytime. Call us today to set up an appointment and to
answer your questions. We understand that searching for the right lawyer is
often a daunting task. We are sure you will feel confident with our team and
know we are ready for the most difficult of cases. Call or email us today.

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Utah Divorce Options

Posted on September 20, 2011 by Jerry Salcido

Divorce, Annulment, & Legal Separation

The driving factor for divorce is a desire to no longer be married to a person, but even deeper than that is reasoning that is more than just the legal aspect of being married. Unhappy spouses don’t simply want the court records to show they are no longer married but instead they don’t want to live together, don’t want to share assets, and don’t want anyone to consider them as still being together. Although divorce is the most common legal method of separation it is not, however, the only option. Depending on your circumstances and desires, you may be able to go through an annulment or legal separation instead of a Divorce.

Annulment

An annulment differs from a divorce in that it is not terminating the marriage but erasing the marriage from existence. Once the annulment is complete its as if you were never married in the first place, at least in the courts eyes. The State Legislature has set out a number of ways you can qualify for an annulment by statute, and there are also a couple of common law routes as well. So not everyone is allowed to have their marriage annulled, in fact there are probably very few that qualify.

Legal Separation

Legal separation doesn’t actually terminate a marriage but instead just lays out the terms of a separation (i.e. child custody, child support, spousal support). Legal separation procedures are similar to divorce but it is only allowed when one of the spouses has been deserted by the other, or when one refuses/neglects to provide for the other spouse.

St. George Family Law Attorney

Whether you are looking at a divorce, annulment or legal separation the attorneys at St George Divorce Attorney can help. Our lawyers are experienced in all aspects of family law and will work tirelessly in your best interest. Call or email us today to set up an free consultation.

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Utah Child Support Laws

Posted on September 13, 2011 by Jerry Salcido

St. George Family Law Attorney | Child Support

As most of us know, money is a great motivator, as you look through the different aspects of your life you will likely be shocked at how many things you do because of money. Unfortunately, this great motivator rears its ugly head in the arena of child custody battles like it does in the other aspects of our life. Because of money issues parents may try and fight for different custody arrangements because of the burden of child support. Even though the parents may want what’s best for the child they in essence try and avoid overpaying.

Statutory Child Support

In Utah child support is determined by statutory guidelines. Based on the parties gross monthly income and the custody set up the court looks at the guidelines and comes up with what each parties contribution should be. Once an order has been made concerning child support than that person must pay the specified amount no matter what. If it is not paid the damaged party can try and recover the money through the Office of Recovery Services or through court proceedings. If a person looses their job or becomes incapable of making payments then what they should do as soon as possible is try and modify the child support obligation through court proceedings, otherwise they will continue being liable for the payments.

St. George Child Support Attorney

If you are having issues with either collecting child support or paying child support than call St George Divorce Attorney. Our attorneys can help you enforce your child support order or get it modified so it works with your new circumstances. It is important that you deal with these types of issues correctly and the correct way is through the courts. We offer free consultations and can help you understand what your obligations/options are. Call or email us today to set up an appointment.

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