Utah employers have a great deal of leverage in the employment relationship and can fire employees for no reason (unless it’s a violation of someone’s protected status). But there are laws and regulations meant to even the playing field to a certain degree, such as minimum wage requirements and protections from harassment and discrimination. Wrongful Termination in UtahEmployers who fail to follow at-will employment exceptions violate employment laws in the state and may find themselves involved in a lawsuit. In cases where an employee takes legal action against his or her employer, that person may be able to collect several different types of compensation if his or her case is successful. For instance, in employment law-related cases, an employee may be awarded front pay, back pay, reimbursement for attorney fees and punitive damages. The employee may also be able to go back to the position he or she was terminated from. Breach of ContractEmployers who establish an employment contract with an employee are not subject to Utah’s at-will employment laws. In addition to recognizing written contracts, the state also recognizes implied employment contracts based on oral agreements, any statements that are outlined in an employee handbook and any action displayed by employers that illustrate their intention to not fire at will. For instance, employers might have an implied contract if they promise an employee that as long as he or she performs well, he or she will remain employed. Employers who terminate an employee without good cause when an employment contract is in place may face legal action on behalf of the terminated worker. DiscriminationMost wrongful termination cases develop when discrimination is involved. In Utah, employers are not allowed to terminate an employee based on national origin, race, color, sex, religion, pregnancy, disability or age. They are also not permitted to terminate an employee based on HIV or AIDS status, genetic information, sexual orientation or gender identity. All employers in the state are required to comply with these laws if they have at least 15 employees. RetaliationEmployment laws in Utah make it illegal for employers to retaliate against an employee when he or she asserts his or her rights as a worker. For instance, if an employee files a complaint with HR on the basis that he or she was passed over for a raise because of his or her age, the worker’s employer is not allowed to discipline or fire the employee for this action. Employers in the state are also not allowed to retaliate against an employee if he or she participates in the investigation of a discrimination complaint, regardless of who filed the initial complaint, or if that employee put forth effort to stop discriminatory practices in the workplace. Public PolicyIn Utah, employers are not allowed to terminate an employee when he or she exercises his or her right to meet civic obligations and certain personal responsibilities. For instance, employers are required to provide their employees with unpaid leave when they are summoned for jury duty. Employers who either penalize or terminate their employees who fulfill this public duty may be subject to a wrongful termination lawsuit. If you have recently been fired or laid off and think your employer may have violated the law by letting you go, contact a Utah employment lawyer as soon as possible. Utah is generally an “at-will” employment state, meaning that an employee can usually be fired at any time for any reason, or even for no reason at all. However, there are several exceptions to the “at-will” employment rule, and an experienced Utah employment law attorney can explain your rights and determine whether or not you have a case. Being fired or dismissed from work is an unfortunate experience and many employees regard it as an “unfair” act of an employer. Employment wrongful termination occurs when an employee or worker is fired from a company for illegal or “unethical reasons”. So no matter how an employee looks at how “unfairly” he has been discharged, a termination becomes wrongful or illegal, for instance, if a violation against a federal law or statute has been made. However, other acts of an employer may also give rise to wrongful termination. A dismissed employee may file a wrongful termination claim under the following situations: • When termination is based on discrimination involving issues of age, race, gender, religion, and disability Filing a Wrongful Termination ClaimIn consideration of the strict statute of limitation in a wrongful termination case, the claim must be initiated by a discharged employee right after his termination. The claim must be submitted, with all pertinent documents, to the Equal Employment Opportunity Commission (EEOC) with assistance from an employment lawyer. The following documents are vital to one’s case and must be presented to an employment lawyer to pursue the claim: Typically, wrongful termination claims are filed for two main reasons: Steps for terminating an employee Let employees know where they stand: An employee shouldn’t be surprised that he or she is being fired. Whether the employee is not performing up to standard or does not work well within their team, you need to be clear about problems as they occur. Prepare documentation: If the employee fails to improve and will be terminated, have your documentation ready. You need to prepare a written notice of termination, and determine if a severance is necessary. Calculate the proper severance based on the total compensation the employee earned upon termination. If you have an employment contract, it is a good idea to verify if a termination clause settles the question of severance. “The severance depends on many criteria including the circumstances surrounding the hiring and firing, the employee’s age and experience, the position held and length of service with the organization. Written Employment ContractsIf you have a written contract or other statement that promises you job security, you have a strong argument that you are not an at-will employee. For example, you may have an employment contract stating that you can only be fired with good cause or for reasons stated in the contract. Or, you may have an offer letter or other written document that makes promises about your continued employment. If so, you might be able to enforce those promises in court. Implied PromisesThe existence of an implied employment contract an agreement based on things your employer said and did is another exception to the at-will rule. This can be difficult to prove because most employers are very careful not to make promises of continued employment. But implied contracts have been found where employers promised “permanent employment” or employment for a specific period of time or where employers set forth specific forms of progressive discipline in an employee manual. In deciding whether an implied employment contract exists, courts look at a number of things, including: Breaches of Good Faith and Fair DealingIf your employer acted unfairly, you may have a claim for a breach of a duty of good faith and fair dealing. Courts have found that employers breached the duty of good faith and fair dealing by: Violations of Public PolicyIt is illegal to violate public policy when firing a worker—that is, to fire for reasons that society recognizes as illegitimate grounds for termination. Before a wrongful termination claim based on a violation of public policy will be allowed, most courts require that there be some specific law setting out the policy. Many state and federal laws have specified employment-related actions that clearly violate public policy, such as firing an employee for: Some states also protect employees from being fired for very specific reasons, like service as an election officer or volunteer firefighter. Some courts have also held that employers cannot fire you because you took advantage of a legal remedy or exercised a legal right—such as filing a workers’ compensation claim or reporting a violation of the Occupational Safety and Health Act (OSHA). Employer LawyerWhen you need legal help for your business in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Hotel Owners Workers Compensation Claims How Do I Stop A Garnishment In Utah? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-state-employment-laws/
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How to Pick a Bankruptcy Attorney – Personality and professionalism matter, and like anyone a lawyer who appears terrific on paper can fall short in person. It’s critical that you trust that the person you hire will be working in your best interest. Look for the following three qualities during your consultation. • They discuss alternate resolutions: Chapter 7, a complete cancellation of eligible debts, might not be the best or only way to deal with your financial problems. If there are other options, an ethical lawyer will present them. Another suggestion might be a credit counselor’s formal debt management plan, especially if most of your lenders are credit card companies. The interest rate reduction the agency may be able to secure can translate into lower payments. Chapter 13 bankruptcy, a court-supervised payment arrangement, might also be on the table. A lawyer may recommend it if you have enough income to support at least some of your liabilities and own property that could be taken in a Chapter 7 or a lawsuit. Understanding the full menu of resolutions and then choosing from them reduces the possibility that you will regret making the decision to file for bankruptcy. Utah Bankruptcy LawLawyers, even those who help you not pay your creditors, aren’t free. The cost varies by complexity and location, but in general is between $800 and $2,500 from start to finish. Avoid ultra-low-rate bankruptcy mills that advertise heavily and crank out the cases. “They usually only have a few lawyers and a large number of legal assistants.” “For a simple run-of-the-mill case, they’re probably ok, but you don’t know when complications may arise. The first time you meet with your lawyer would be at the creditors meeting, and if there is a problem, they won’t be prepared to handle it properly.” Don’t presume you get more for hiring the most expensive lawyer on the block, however, or less if you scrape the bottom of the price barrel. “Fees are determined by the market.” “In some areas, caps are set by the courts. This means that, for the same price, the client can usually get an experienced, highly qualified lawyer for the same price as a novice.” Be sure to ask what it covers, though, as some attorneys include court and other costs in the quoted fee, others don’t. Once you’ve found the person who possesses the ideal combination of experience, character and cost, you’re set. If you choose to move forward with filing, you can do so with assurance that you’re working with a lawyer you can trust. Bankruptcy DischargeIn a bankruptcy proceeding, the debtor and the court figure out a plan to repay creditors as much as possible. In exchange, the debtor is released from legal liability for the rest of the debt that he owes. The remaining debt is discharged and the debtor is not legally responsible for paying the debt. Are Attorney’s Fees Dischargeable?In personal bankruptcy, most debts are dischargeable even unpaid attorney’s fees. Section 523 of the Bankruptcy Code lists fees that are not dischargeable. They include child support, alimony, debt that was incurred through fraud or false pretenses, luxury items bought right before the bankruptcy, government education loans, medical costs from driving drunk, reckless failure to pay debts, court fees, and other court costs. Since the current bankruptcy attorney’s fees are included in court costs, she will get paid. In contrast, attorneys that the debtor hired prior to bankruptcy will probably not get paid. Often, attorneys with unpaid legal fees will lodge a complaint with the Bankruptcy Court, claiming that their fees were non-dischargeable. However, these claims usually fail because they run counter to the purpose of bankruptcy, which is to give the debtor a new economic start. In response to this, attorneys are now anticipating their clients’ bankruptcies. Attorneys now routinely maximize their “retainer” (down payment) and encourage clients to file bankruptcy before legal services are rendered. What If I Filed for Bankruptcy after a Divorce?Family law practitioners, in particular, often run into problems when their clients file for bankruptcy immediately after divorce. Family lawyers have frequently argued that their fees are non-dischargeable, because they help the client to fulfill the duty to support the child, which is itself non-dischargeable. The BAPCPA, a bankruptcy law that went into effect in October 2005, made the law even stricter regarding the non-dischargeability of family support obligations. However, courts rule that if attorney’s fees were not ordered to be paid in the original child support decision, then they are dischargeable in subsequent bankruptcy. Attorney’s fees are not alimony. Although attorney’s fees help collect spousal support, they do not go into a spouse’s pocket. Finally, there is no justification for favoring family lawyers above other lawyers who might be owed even greater sums of money. Can I Discharge Fees or Fines Imposed By the Court?The answer is typically no, you cannot discharge fees imposed by the court. Fines and other fees imposed by the legal system are designed to punish citizens who break the law. It would be unfair to punish some citizens and not other citizens simply because they can’t afford the penalty. The only possible exception is if the fine or fee given is not retributive or punitive in nature. In personal injury lawsuits, for instance, the damage award taken from the defendant is not meant to punish the defendant, but to restore what was lost to the victim. Do I Need a Bankruptcy Lawyer?Filing for bankruptcy is a very complicated process. The law varies depending on where a bankruptcy is filed and also depends on which type of bankruptcy is filed. A bankruptcy lawyer knows the particulars of filing for bankruptcy, can recommend what chapter of bankruptcy is right for you, and can ensure that your paperwork is filed correctly so that all eligible debts are discharged. Flat Fees Versus Hourly FeesMany attorneys, especially bankruptcy attorneys, will charge a “flat rate” to represent you in a bankruptcy case. You’ll pay a fixed amount for the attorney to represent you, regardless of the amount of time the attorney spends on your case. Other attorneys will charge you an hourly rate, although it’s uncommon in consumer bankruptcy cases. The more likely scenario is for the attorney to charge a flat fee for the bulk of the matter. The lawyer will charge an hourly fee for any extra work required for services like defending against an objection to discharge. Your contract should spell out what the flat fee covers. Average Chapter 7 Bankruptcy Attorney FeesMost Chapter 7 bankruptcy attorneys will base their fees on how complicated your case is and what other attorneys in the area would charge for a similar bankruptcy. If you have a lot of assets or debt, you might pay more than an unemployed person with no assets. In general, attorney fees for a Chapter 7 bankruptcy range from $1,000 to $3,500 depending on the complexity of the case. Larger firms with more advertising and overhead costs sometimes charge more than a solo practitioner, but not always. Some larger operations offer low fees and count on a higher volume of cases. Also, you might find a solo practitioner will cost more but offer more personalized service. It will depend on the office. You can expect a newer attorney to charge less than a more experienced lawyer, and if your case is a simple Chapter 7, you might not need an attorney with years of experience. Keep in mind, however, that bankruptcy is a specialized area of law and that most attorneys who don’t regularly practice bankruptcy won’t accept a bankruptcy case. When shopping around for a bankruptcy lawyer, call at least a few attorneys in your area. Compare their fees and ask if bankruptcy is an area they specialize in, as well as the number of cases they file each month. Paying a Chapter 7 AttorneyYou’ll pay your Chapter 7 attorneys’ fees in full before the attorney files the case and with good reason. Chapter 7 wipes out most unsecured debt in a Chapter 7 case, including attorneys’ fees. So if you had a balance due when filing the matter, it would get discharged. Chapter 7 attorneys know this, of course, and require full payment. Average Chapter 13 Bankruptcy Attorney FeesMost courts have guideline “acceptable” fees for a Chapter 13 bankruptcy. Unless exceptional circumstances justify it, an attorney won’t be allowed to charge more than the court’s guideline fee. Chapter 13 guideline fees are different for each judicial district. However, they are typically between $2,500 and $6,000 depending on the complexity of the case. For instance, if you own a business, the case will likely require more work and justify a higher fee. Fortunately, most attorneys don’t require you to pay the entire Chapter 13 bankruptcy fee upfront. In most cases, attorneys will ask for a portion of their fees before filing your matter, and the remainder will get paid through your Chapter 13 repayment plan. How much a bankruptcy lawyer will require before filing will depend on each attorney or firm. But on average, you can expect to pay about half of the total fee before the attorney files your case. Free Initial Consultation with LawyerIt’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!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Pleasant Grove Utah Divorce Attorney Does Chapter 13 Stop Garnishments Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/bankruptcy-attorney/ DUI is an acronym for “driving under the influence.” DWI stands for “driving while intoxicated,” or in some cases, “driving while impaired.” The terms can have different meanings or they can refer to the same offense, depending on the state in which you were pulled over. In any case, DUI and DWI both mean that a driver is being charged with a serious offense that endangered themselves and others. That applies to alcohol and other drugs (including recreational drugs and those prescribed by a physician) that impair your ability to drive. One is not worse than the other and both can have a big effect on your life. Depending on state law, both terms are used to describe impaired or drunken driving. Some state laws refer to the offense of drunken driving as a DUI while others call it a DWI. It gets tricky when states use both terms. Quite often, one term will refer to alcohol, while the other term refers to impairment by substances other than alcohol (like prescription or recreational drugs) and the meaning can flip-flop from state to state. Some states use the term DWI to refer to driving with blood alcohol content (BAC) over the legal limit. In those states, the term DUI is used when the driver is charged with being under the influence of alcohol or drugs. Other states use DWI to refer to driving while impaired by drugs, alcohol, or some unknown substance. They use the term DUI to refer to driving under the influence of alcohol. It’s best to check the definitions of the state you’re in. Other Factors in Impaired DrivingAny of these charges mean the arresting officer has reason to believe the driver is too impaired to continue to drive. In some jurisdictions, drivers can be charged with impaired driving (or driving under the influence) even if they blow under the 0.08 legal limits. For example, you can fail a field sobriety test and be deemed impaired even if you’re BAC is less than 0.08. All states also have zero-tolerance laws that punish people under 21 for driving with any trace of alcohol in their systems. This means that if someone under the age of 21 blows a BAC higher than 0.00, they will be charged with a DWI or DUI. Drugged Driving Is Impaired DrivingIf you appear to be impaired by the arresting officer, but your breathalyzer test shows that you are not under the influence of alcohol, they may suspect the use of drugs that impair your driving ability. This can include prescription and nonprescription medications in addition to illegal drugs. The officer may then call a Drug Recognition Expert (DRE) officer to the scene to perform a series of tests. If the DRE officer’s multi-step evaluation process determines that you are indeed under the influence of drugs, you can be charged with DWI or DUI. The charge depends on what the state calls the offense of drugged driving. Taking prescription or nonprescription medications can impair your driving ability. You are at risk of drugged driving charges even when you have not had a sip of alcohol. Arrest and ConsequencesNo matter what the offense is called in your jurisdiction, if you are arrested for impaired driving, you will be facing serious consequences. If you are convicted or plead guilty, you will probably lose your driver’s license and pay fines and court fees. For a second offense, you may spend some time in jail. It is also likely that you will be placed on probation and be required to perform community service. To get your driver’s license back, you will probably have to attend defensive driving classes. In most states, you will probably undergo an evaluation of your drinking or substance use patterns as well. Based on the results of that evaluation, you may have to take part in a drug or alcohol treatment program. That program could range from attending a few support group meetings like Alcoholics Anonymous to entering a residential treatment facility. After a ConvictionWhen you get your driver’s license back, you will likely need SR-22 insurance. This could double or triple your premiums, depending on the laws in your state. On average, you can expect to pay higher premiums for three years. Depending on the state in which you reside, you may also be required to have an ignition interlock device installed on your vehicle, which makes it so you can’t start your car unless you blow into the device and it determines you have not been drinking alcohol. This requires that you pay for the device, its installation, and a monthly monitoring fee. A DWI penalty or worse multiple offenses can not only jeopardize your driving privileges but can leave you with heavy fines, court costs, and possible jail time. This can affect your personal and professional life, which is why you need to know about the possible DWI penalties you could face in Utah. If it’s your first time being charged and arrested with a DWI, your penalties will likely be less severe than someone who is charged with multiple DWIs. But keep in mind, the penalties for a first time DWI conviction can still be steep. First offense penalties for a DWI with less than a 0.15 blood alcohol concentration (BAC) includes possible fines of around $2,000 and or a jail sentence of anywhere between three and 180 days, plus a license suspension of 90 to 365 days (Class B Misdemeanor). If the BAC is greater than 0.15, then there’s a chance of a fine increase of $4,000, and jail for up to a year (Class A misdemeanor). If you are a first-time offender with a BAC of 0.08 to .14, then you could apply for a “non-disclosure” two years after your probation ends. But, you will need to install in ignition interlock device to your car that must stay on for six months. A non-disclosure restricts who can see your criminal record. You will have to ask your attorney about this option. Under Utah law, if you are convicted on a first time DWI offense, you can get fined up to $2,000, spend three days to six months in jail, and or perform 24 to 100 hour of community service. You may have specific directions from the Community Service Department if special circumstances need to be addressed in your case. For example, if you have a history of alcoholism, you might be directed for an intervention or a Victim Impact Panel. The Administrative License Revocation (ALR) Program could also suspend your license for 90 days to a year. This is why you might want to consider an experienced DWI lawyer to advocate for you. Second offense penalties for DWI mean that maximum fine can increase to $4,000 and or jail time for 30 days to a year. It is also possible that your driver’s license can get suspended from 180 days to 2 years (Class A Misdemeanor). As a second-time offender, you can face similar penalties as first-time offenders, just with enhanced conditions. Second-time offenders are almost always required to install an ignition interlock device on cars, which prevents driving unless there is a breathalyzer test. Second-time offenders can also get fined up to $4,000 and spend 30 days to a year in jail, with 80 to 200 hours of community service. The ALR program tends to suspend a second-time offender’s driver’s license for anywhere from 180 days to two years. A third-time DWI offense consists of an aggravated DWI charge. This means that the charges from your misdemeanor are raised to a felony. If you have an aggravated DWI, you can face up to $10,000 in fines, two to ten years in a state penitentiary, 160 to 600 hours of community service, 180 days to two years of a suspended license (third-degree felony), and the installation of an interlock device on your car. Be aware that imprisonment is in a dreaded state-run penal institution instead of a county-run jail. If you have a felony conviction you are also disqualified from voting and owning a firearm in the future. Additional Penalties In UtahBe aware that there are additional penalties that can make your offenses worse. Penalties like a record of alcohol problems, driving with an open container, and an accident where someone was injured or killed. These conditions when added to a sentence are meant to address the offenders issues a restorative way. If it’s a case of intoxication assault or manslaughter, then these penalties are meant to increase fines, jail time, and community service. An Open Alcohol ContainerIf you are pulled over with an open alcohol container, then your minimum jail time penalty can increase to six days. Intoxication AssaultThis is when an accident happened with serious bodily injuries because of intoxication. When convicted, the DWI penalties will be more severe. You can get sentenced to a minimum of two years, and up to a maximum of ten years in prison. If you get a probated sentence, then you will serve a 30-day minimum jail sentence. You can also get fined up to $10,000 which is a third-degree felony if the car was driven in a way that made it a deadly weapon. If this happens, then there is an additional penalty that prevents good time credit, which allows an early release once half the sentence is completed, from happening. Intoxication ManslaughterThis is a DWI where the death happened in an accident due to intoxicated driving. When convicted you would have to pay a minimum fine of $10,000 and or jail time for two to twenty years as this is a second-degree felony. In cases where probation is granted, you must serve a 120-day jail sentence. If the car was driven in a way that makes it a deadly weapon, then there is an additional penalty that prevents good time credit for an early release. DWI With a Child PassengerThis is a case where a person has DWI and there is another person in the car who is under the age of 15. You can get punished by confinement in the state jail for no more than two years or less than 180 days, and a fine of $10,000 or a state jail felony. Other conditions that can be added due to additional felonies include more fines, more jail time, alcohol interventions and treatment, ignition interlock devices, DWI education, restitution payments, and longer license suspension. Proving a DUI Charge at TrialIf you get charged with driving under the influence and decide to go to trial, the prosecution has to prove the crime beyond a reasonable doubt. Otherwise, the jury is supposed to acquit you. Elements of a DUI ChargeGenerally, the prosecution needs to prove two elements for a jury to find you guilty of a DUI charge. The prosecution must show that you were: The “Under the Influence” ElementTo prove a driver was under the influence, the prosecution generally has two options: Proving BAC is usually easier than showing impairment. However, it’s common for prosecutors to file two charges in a DUI complaint one based on impairment and a second alleging excessive BAC. By filing two charges though perhaps only one might stick the prosecution can maximize their chances of getting a conviction. The consequences of a DUI conviction are serious, and DUI laws vary by state. If you’ve been arrested for driving under the influence, get in contact with an experienced DUI lawyer in your area. A good DUI attorney can analyze the facts of your case and tell you how the law of your state applies. How to Get Your Driver’s License Back After a DUIWhat to do if you get a DUI, DWI or OUI and the steps you’ll need to take to get your license back following a suspension. It is illegal for any persons 21 years or older to operate a vehicle with a BAC of 0.08% in all states except for Utah. In 2018, Utah changed the limit to reflect a blood alcohol content (BAC) of 0.05% and above as the illegal percentage for persons 21 years or older operating a vehicle. Driving after drinking too much alcohol can fall under several legal names including driving under the influence (DUI), driving while intoxicated or impaired (DWI), impaired driving, or operating under the influence (OUI). The consequences for being pulled over for a DUI vary based on state, age, and blood alcohol content. If a person’s BAC is over the legal limit, they are at risk for having their driver’s license taken away. This is often a red flag, showing someone that they have an issue with problem drinking, including heavy drinking, binge drinking, or even alcohol use disorder (AUD). If you recognize any of these red flags in your behavior or that of a loved one, it may be time to seek professional help. Although each state has a different approach to reinstating a driver’s license after a DUI or multiple DUI charges, the following steps may help get your license back. Free Initial Consultation with LawyerIt’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!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Pleasant Grove Utah Divorce Attorney Filing Requirements For A Utah Probate How Does A Private Placement Work? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/top-dwi-slc/ An annulment is a way of ending a marriage, similar to a divorce. However, unlike a divorce where you must wait up to one year before you can apply, you can apply for an annulment at any time after the wedding. It is important to note that if you apply for an annulment many years after the wedding, you may be asked to explain why there has been a delay in applying. If you are considering annulling your marriage, it is important that you understand the grounds for annulment, the cost and what the process involves before making a decision. A legal advisor can help you with this process. In order to apply for an annulment, you or your spouse must have either: Void marriagesA ‘void’ marriage is a marriage that is considered to have never been legally valid in the first place because: Getting An AnnulmentIn order to annul a marriage, you must fill in a nullity petition form, which you can do at any time after the marriage. You must also fill in an accompanying statement confirming that what you have said in your nullity petition is true. A solicitor will be able to assist you with these forms. Then two copies will need to be sent to your nearest divorce court for consideration and one copy should be kept for yourself. Once the petition has been filed, your spouse must respond within eight days, either accepting or disputing the annulment. If they accept the annulment, then you can apply for a ‘decree nisi’ which is an official document that confirms that the court does not see any reason why the marriage cannot be annulled. If they dispute the petition, then you may need to attend court to make your case to a judge. Six weeks after receiving the decree nisi, you can apply for a decree absolute, sometimes called a ‘decree of nullity’. This is the final legal document that says your marriage has been annulled and will be needed should you wish to remarry in the future. The whole annulment process can take around six to eight months if it is uncontested. Contested cases may take longer and will require expert legal advice. It may be useful to seek mediation to avoid any lengthy and costly court disputes. Legal Difference Between Annulment and DivorceA divorce, or legal dissolution of a marriage, is the ending of a valid marriage, returning both parties to single status with the ability to remarry. While each individual state has its own laws regarding grounds for marriage annulment or divorce, certain requirements apply nationwide. An annulment case can be initiated by either party in a marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. The following is a list of common grounds for annulment and a short explanation of each point: • Bigamy – either party was already married to another person at the time of the marriage Depending on your state of residence, a divorce can be much more complicated than an annulment. Like annulment cases, each state has its own set of laws regarding divorce. In most divorce cases, marital assets are divided and debts are settled. If the marriage has produced children, a divorce proceeding determines custody of the children, visitation rights and spousal and child support issues. Each state can have either a no-fault divorce or a fault divorce. A no-fault divorce allows the dissolution of a legal marriage with neither spouse being named the “guilty party” or the cause for the marital break-up. Many states now offer the “no-fault” divorce option, a dissolution of a legal marriage in which neither party accepts blame for the marital break-up. In the absence of a “guilty party,” some states require a waiting period of a legal separation before a no-fault divorce can take place. For this reason, in addition to cases where one spouse wishes to assign blame, some parties seek to expedite the legal process by pursuing a traditional, “fault” divorce. A “fault” divorce is only granted when one spouse can prove adequate grounds. Like an annulment, these grounds vary from state to state, however, there are some overarching commonalities. These guidelines often include addition to drugs, alcohol or gambling, incurable mental illness, and conviction of a crime. The major grounds for divorce that apply in every state are listed below: Your state law and particular situation will determine whether or not your annulment or divorce will be simple or complex. Familiarizing yourself with the laws for your particular state is the best way to learn what your rights are in the case of a marital dissolution and help you determine whether an annulment vs. divorce is right for you. How Do I Qualify for an Annulment?Unlike divorce, you cannot simply state “irreconcilable differences” as grounds for an annulment. You must prove a specific legal reason to be granted an annulment, and being married or in a registered domestic partnership for a short period of time is not a sufficient legal reason. Misrepresentation or FraudOne common reason for annulment is where there is a misrepresentation or fraud made by one party to another prior to the marriage. The most common misrepresentation is age: if one party claimed to be of a certain age, but was in fact younger, then the marriage would not be valid. Parentage may also be used to challenge the validity of the marriage. If a pregnant woman convinces a man to marry her under the assumption that the child belongs to the man, but it is later proven that the husband is not the father, then that false representation may be used to annul the marriage (note that this is based on a few state cases – not all states follow this precedent). Legal Issues Addressed in an Annulment of MarriageLike a divorce or a separation, there may be various issues that are addressed during an annulment of marriage. These can include: What Other Options Do I Have Besides Annulment?As mentioned, a marriage can be terminated through divorce or through a legal dissolution of marriage. If the couple needs a temporary “break,” they may wish to consider an option such as legal separation. Uncontested divorce may also be an option if both parties consent to the process and are willing to work with one another regarding the various legal issues involved. Eligibility for an AnnulmentA couple must meet the following requirements to qualify for an annulment: Benefits of an AnnulmentThere are various benefits of an annulment that extend past religious acceptance. Annulment Not FavoredA legal annulment is not favored by public policy in Utah. There is a preference for courts to terminate marriages via divorce decrees or deal with marriage-related issues through legal separation proceedings. Annulling a marriage typically is permitted in rare situations. Case abound in which a person files for annulment only to have a court deny the request. These leaves a person with three options: remain in the marriage, seek a divorce, or seek a legal separation. As an aside, not all states permit legal separation. Grounds for AnnulmentThe grounds for which the annulment of a marriage can be sought are limited. The laws do vary somewhat from one state to another. However, the underlying reasons for which a person can seek an annulment are generally the same across the country. The grounds for which a person can seek an annulment include incapacity at the time of the alleged wedding. In other words, one or both spouses were underage or mentally incapacitated at the time of the wedding. If a spouse legally is married to another person at the time of a second marriage, an annulment would be possible. Finally, grounds upon which a marriage can be annulled is if a person married a prohibited family member. For example, if first cousins wed, that marriage could be subject to annulment. All of the grounds for annulment have one factor in common. In each of these situations, a person was legally incapable of entering into a valid marriage. Therefore, the marriage was never valid. Keep in mind that state laws include certain time requirements for filing an annulment. If the time period expires, a person may be barred from pursuing a divorce and may be left seeking a divorce or legal separation. Secular Vs. Religious AnnulmentA person interested in having a marriage civilly annulled needs to understand the distinction between secular or legal annulment and the religious derivation. Civil or legal annulment is an action by the state declaring that a marriage was invalid at the time of its inception. If a marriage is legally or civilly declared invalid, the sacramental marriage status in certain churches is unchanged. Similarly, if a sacramental marriage is annulled by a church, that determination has no impact on the civil marriage. Two separate proceedings would be necessary to civilly and sacramentally annul a marriage. Three Christian churches utilize annulment to declare a sacramental marriage invalid. They are the Roman Catholic Church, the Anglican Church, and the Methodist Church. They each have their own procedures for obtaining a sacramental declaration of annulment in regard to a marriage. Preparing Annulment PaperworkThe paperwork necessary to proceed with an annulment case must be precise. It must specifically set forth why the marriage was never valid in the first instance. The documentation must fully comply with the specific requirements of the annulment statute in your state. The failure to properly complete court documents needed in an annulment case can result in the doors to the court being slammed on a petitioner. The necessity to exactly prepare the necessary paperwork underscores the need for proper legal representation. Annulment court proceedings are also complicated. An attorney is in the best position to properly navigate an annulment case through court. Retain an Annulment Lawyer TodayAn annulment lawyer will schedule an initial consultation with you to discuss your case. During this appointment, a lawyer will evaluate your situation and advise whether or not an annulment is possible in your case. Legal counsel will also provide answers to your questions. He or she will also discuss all of your options regarding your marriage. As a general rule, an annulment lawyer will not charge a fee for this initial appointment to discuss your case. Why Would I Apply For A Nullity?The granting of an annulment makes a marriage null and void. Once an annulment has been granted, it is as if the marriage never existed. You would be free to marry another person. The circumstances that apply for you to be entitled to an annulment are limited and explored below. One key difference between annulments and divorce is that you can apply for an annulment at any time after the marriage takes place rather than have to wait a year as you do with to apply for a divorce. Difficulties can arise if you apply to annul a marriage a long time after the marriage but if you think this may be a concern you should seek advice particular to your situation from a specialist family lawyer. Meet With An Annulment LawyerWhen you need an annulment in Utah, please call the annulment attorneys at Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Can They Garnish My Entire Paycheck? Syracuse Utah Divorce Attorney Pleasant Grove Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/annulment-attorney/ Antitrust refers to the regulation of the concentration of economic power, particularly with regard to trusts and monopolies. Antitrust laws exist as both federal statutes and state statutes. The three key federal statutes in Antitrust Law are the Sherman Act Section 1, the Sherman Act Section 2, and the Clayton Act. Section 1 delineates and prohibits specific means of anticompetitive conduct, and Section 2 deals with end results that are anti-competitive in nature. Sections 1 and 2 supplements each other in an effort to outlaw all types of anticompetitive conduct. The Clayton Act regulates the mergers or acquisition of the companies together with the guidelines published by the Department of Justice and the Federal Trade Commission. As for the states, many have adopted antitrust statutes that parallel the Sherman Antitrust Act to prevent anticompetitive behavior within individual states. Penalties for violating the Sherman Act can be both criminal and civil (most enforcement actions are civil). Criminal prosecutions are limited to intentional and clear violations (ex. price-fixing and rig bids). Criminal penalties for corporations can reach up to $100 million and $1 million for individuals with up to 10 years in prison. Additionally, the maximum fine may be increased to twice the amount the conspirators gained from the illegal act or twice the amount of money lost by the victims of the crime if either of those amounts is over $100 million. Why Antitrust Laws Matter?The antitrust laws are supposed to promote and protect competition, or, if you will, competitive processes in distinct “lines of commerce” or “relevant markets.” This alone is their proper purpose. They are not intended to punish big companies merely on account of their size or because of their commercial success. Most importantly, the antitrust laws have never been anti-market or anti-business in their underlying conception or in their implementation. On the contrary, the antitrust laws are intended to promote market economics and healthy competition in every market, while checking the abuses that sometimes arise in different markets. The idea behind these laws is that in every market there should be robust competition: If in each market there are many sellers busily competing against one another to sell a particular kind of product or service to paying customers, no seller will be able to take unfair advantage of the buyers, but rather each seller will be obliged to offer its goods or service on attractive terms, and each will be responsive and efficient in its dealings with buyers, who otherwise will simply turn to another, better seller. In other words, vigorous competition in any given market keeps the sellers honest, forcing them to strive continually both to improve their goods and services and to offer them on favorable terms. Customers benefit from this competition. Poorly run companies are run out of business, as they deserve to be. The better run companies and the most honest ones too, tend to prosper. Society as a whole benefits. This is nothing other than marketplace economics working properly and rewarding each of us for our efforts, our talent, and our perseverance. The antitrust laws exist to help marketplace economics to work better. The antitrust laws serve to promote and protect market economics, doing so on the theory that society flourishes the most when it is founded on vigorous competition. Antitrust laws are meant to ensure that these incentives and the resulting excellence and low prices flourish in every market (save those that by their very nature admit the presence of only one seller). The antitrust laws exist not to punish or dismantle successful, prosperous companies, even the most dominant global monopolies of the era. These laws instead are meant to redress or temper the fundamental flaw that seems inherent in unbridled competition. That is, the antitrust laws serve to “correct” the inherent contradiction of market economies. In many key markets, one firm or a clutch of major firms often come to dominate the entire market. Once this happens, competition in this market ceases altogether or at best becomes a pale shadow of its former self. Antitrust laws provide protection and relief from this scenario. If competition obliges sellers to act on their best behavior, then the antitrust laws oblige dominant competitors to do the same rather than abuse their dominance in order to take advantage of their captive customers. The only other alternatives are as follows: What Antitrust Laws Try to AccomplishAntitrust laws, properly understood, are intended to grapple with this market contradiction. In particular they forbid any improper monopoly or any attempt to obtain a monopoly by improper means that is, a monopoly obtained, preserved or attempted by a firm that on purpose has destroyed or tried to destroy its competitors, using anti-competitive tactics whose sole or true purpose has been to undermine rival businesses. The antitrust laws also forbid dominant firms to act in collusion in order to impose unfair commercial practices that tend to subvert “competition on the merits” in any market that they dominate or aim to dominate by means of the improper practice. These laws also outlaw specific kinds of recognized commercial fraud that by their very nature are calculated to destroy competition in the market in which they are employed (the most notable offenders are bid-rigging, price-fixing, and horizontal market allocation). The Charter Principles of Antitrust LawBroadly speaking, the antitrust laws set forth a series of general propositions that serve as the “charter principles” of marketplace economics in the United States. • Monopolization: A monopoly is not unlawful, but obtaining or maintaining monopoly power by anticompetitive means constitutes a serious antitrust offense. Specifically, a defendant firm can be held liable for unlawful monopolization in violation of Section 2 of the Sherman Act if the following matters are proved against it: First, that the defendant firm holds monopoly power in a properly defined relevant market which can be proven by direct evidence of the defendant’s ability to impose supracompetitive prices or by a showing that the defendant makes a dominant percentage of overall sales, and that its market share is protected by strong barriers to entry and expansion. by new rivals as well as strong barriers to expansion by existing rivals; and second, that the defendant firm has acquired or maintained its monopoly power by means of anticompetitive practices which broadly speaking are business practices that the defendant employs to undermine its rivals and obstruct their ability to compete against it rather than to improve its own offerings. If the government proves these points, it will prevail. If the plaintiff is a private litigant, it must also prove its own antitrust injury which means harm that it has suffered in proximate consequence of an anticompetitive aspect of the challenged anticompetitive conduct. • The Quick-Look Doctrine: Business dealings can be condemned as trade restraints under the “quick-look doctrine” when they are novel or little known practices that appear to be “obviously” inimical to competition on the merits, no matter how the relevant market is defined. Federal Antitrust Laws, And What Do They Prohibit?There are three major federal antitrust laws: The Sherman Antitrust Act, the Clayton Act and the Federal Trade Commission Act. How Much Does an Antitrust Lawyer Cost?Typically, antitrust attorneys charge by the hour. Some may charge on a contingency basis, which means that you’re billed a percentage only if you win your case. If you don’t win, your lawyer won’t receive any payment. Since a lawyer runs the risk of not being paid, it’s likely you will only be charged a contingency if you have a very strong case. Negotiate a rate up front so that you know what to expect. What Should I Expect When Working with an Antitrust Lawyer?An antitrust Lawyer should be honest about your chance winning your case and how long the process will take. If you do end up going to court, it’s a long and expensive proceeding. Even though your Lawyer will be able to guide you, you have to commit a lot to the case. Expert testimonies are necessary and will add additional costs. Antitrust cases are often class action suits, so the burden is shared among a group. Although it’s possible for you to win a large settlement, a very likely result is a lot of time and effort with no result. An antitrust Lawyer is the most qualified to advise on your best plan of action, so it’s best to consult with an attorney if you think you have a valid case. Utah Antitrust LawyerWhen you need a Utah antitrust attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Attorneys West Valley City Utah Can I File For Bankruptcy If I Make A Lot Of Money? Spanish Fork Utah Divorce Attorney Pleasant Grove Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/antitrust-lawyers/ Pleasant Grove, Utah County, was founded by Mormon settlers on 13 September 1850, and became an incorporated city on 19 January 1855. It is located twelve miles northwest of Provo and thirty-six miles southeast of Salt Lake City. At this site, the Mormons had their first conflict with the Indians on 5 March 1849 at the head of a stream that became known as Battlecreek; the settlement on this creek at first was unofficially called Battlecreek. Indians had their own name for the area “Mepha” or “Little Waters.” The first settlers built impermanent cabins in a “pleasant grove” of trees. This was a more pleasing name and was adopted for the town. Situated on the northeastern edges of Utah Valley and Utah Lake and along the western slope of the Wasatch Range at the foot of Mount Timpanogos, the area’s gravelly alluvial deposits and sediments from Lake Bonneville are ideal for fruit trees, while the mountains afford protection from late spring frosts. Thus, the higher small-acreage farms of Pleasant Grove became prominent fruit and berry producers. However, with urban growth, now only one large orchard remains in production. Very little industry developed within the community; most that did was farm related. Sugar beets provided a labor intensive crop for the lower, heavier soils, more suited for potatoes and beets. Many of the area’s farmers and laborers worked at the Lehi sugar processing plant and the Pleasant Grove cutting station until these units closed in 1924. In 1915 the Pleasant Grove Cannery was built near the Union Pacific Railroad line; it provided an outlet for row crops, such as peas, green beans, corn, tomatoes, and pumpkins, as well as large fruits. With the development of freezer preservation, the cannery also served a market for fresh-frozen strawberries. From the 1920s through the 1950s, Pleasant Grove was a major strawberry producer, established a mid-June Strawberry Days celebration, and became known as Utah’s Strawberry City. The three-day community-sponsored activity features parades, rodeos, carnivals, and sports events, and draws numerous visitors. Although local strawberry fields are now nonexistent, the city proclaims the event as the longest established celebration in Utah. Sheep and range cattle were invested in by a small number of farmers at the end of the nineteenth century. Dairies also developed, and several continue in the area today. Early non-farm related industries included two planning mills that shaped and finished wood for building. Fugal Construction has employed numerous men for more than eighty-six years. Fugal Brothers Plumbing was started in 1906 by Chris, Jens, and Niels Fugal. Their first major job was installing Lindon City’s waterworks in 1924; by 1948 they had installed about forty city waterworks in Utah and Idaho. The company now continues into the fourth generation. The Karl B. Warren Concrete Pipe Plant began operation in the late 1930s, providing pipe for the Salt Lake aqueduct. This project stopped during World War II, causing the plant to close. After the war, it operated sporadically under different ownerships– United Concrete Pipe, and now California Pressure Pipe Company. Westroc (formerly Warburton Readymix, and then Ashroc) has operated since 1948. Bayleys Clothing manufacturers employed numerous women from the late 1960s into the 1980s. An industrial park, located on the west side of the city since the 1960s, contains service-oriented businesses. The close-set houses and the small business area of the town grew from a fort the first settlers were forced into because of the 1853 Walker Indian War. The fort became the nucleus of the town and its development. Before 1900 many houses were built of soft rock found in the eastern foothills. This type of rock distinctly marks the town’s early buildings. An influx of Scandinavian LDS converts between 1870 and 1890 changed the population from all Anglo-American to one-third Scandinavian. Religious preference remains predominantly LDS. A First Baptist Church chapel, built in 1960, is the only non-Mormon denominational structure. A Fellowship Bible Church meets in an existing public building. Earlier, Presbyterians built a school in 1879 and a rectory in 1890, and the Reorganized LDS Church purchased those buildings in 1900. A change in the city’s southern border took place in 1924; Lindon, known as the Southfields, a farming stretch two and one-half miles wide, and extending from Utah Lake to the east mountains in length, became an incorporated city. Pleasant Grove’s farming area and population thereupon decreased considerably. From the beginning, men and women often sought part-time work outside the community to supplement their farm income. With the building in 1942 of Geneva Steel, three miles to the southwest, farmers and their families saw an opportunity for higher wages with fewer work hours invested, and many were enticed into giving up small-acreage farming. Farming as an area occupation began to diminish. Since World War II, Pleasant Grove has experienced ever-increasing major subdividing of farms for house building. Today few farms remain. Sons returning from the war settled in town but worked elsewhere; the population explosion, increased work opportunities outside the community, and fast and convenient transportation all contributed to transform the town into a bedroom community with few shopping amenities. Pleasant Grove has evolved into a desirable living area, with eight parks, a new public library, numerous recreational facilities, and a low crime rate. The 1990 population profile shows that forty percent of the residents are age fourteen and younger, and the median age is twenty-one. During the past decade, the population grew by 2,634. Its current population of 13,476 places Pleasant Grove twentieth largest among Utah cities. How to File for Divorce in Pleasant Grove, UtahMarried couples in Utah who are uncertain about divorce have the option to first file for a temporary separation. By doing so, the court can grant temporary orders on issues such as property division, child custody and support, and parent time. Both spouses must have resided in Pleasant Grove, Utah, for at least 90 days to seek a temporary separation order, which is typically valid for one year. To file for divorce, at least one spouse must have resided for a minimum three months in the county in which the divorce petition is filed. There are several grounds for divorce in Pleasant Grove Utah, one of which is irreconcilable differences. Except under extraordinary circumstances, there is a mandatory 90-day waiting period from the time the petition is filed to the time the divorce decree is signed. If minor children are involved, the couple must attend a divorce education class. Furthermore, mediation early in the divorce process is required when the parties do not agree on all the issues. What Paperwork Do You Need to File for Pleasant Grove Divorce?A divorce petition must be filed with the district court in a county where at least one spouse has resided for a minimum three months. Divorce documents can be found on the Online Court Assistance Program website. Forms offered on other websites should be avoided, as they may not be approved by the court. When in doubt, divorce documents can be prepared by a lawyer. The spouse filing for divorce must serve the other spouse with the documents within 120 days of filing. Equitable Distribution vs. Community PropertyUnlike community property states where property acquired during the marriage is typically divided equally in divorce proceedings, Utah, an equitable distribution state, divides property “equitably.” This means the court will divide the property based on what is fair. It might decide that longer marriages have a close to equal division in property, whereas individuals in shorter marriages are simply awarded what they had prior to the marriage and what they contributed during the marriage. Though the court will ultimately assess for fairness any agreement made outside of court regarding the division of property, it is advisable to seek the help of a lawyer on this matter. What Should You Do if There are Children Involved?The battle over child custody and support can become highly emotional, and the parties involved may need a lawyer to help resolve sensitive issues. In determining custody, a court will look to the “best interest” of the child. It will presume that joint legal custody is best, unless there is a history of family violence or other relevant factor such as the parents living far apart. The combined child support obligation is based on the parents’ incomes. In determining alimony, the court looks at a number of factors, including the financial needs of the spouse requesting it, the length of the marriage, the couple’s standard of living at the time of separation, and fault. It also considers whether the paying spouse will in fact be able to make the alimony payments. An award of alimony generally does not exceed the number of years the couple was married. It is important to discuss with your lawyer any questions you might have about alimony early in your divorce proceedings. Divorce can be messy and very stressful, but you can get the professional help you need to ease the process. If you are considering filing for divorce, or you have been served with divorce papers, it’s in your best interest to contact a local Utah divorce lawyer today. Getting a divorce might be the most emotionally exhausting process you will ever encounter. Unfortunately, the process can also end up costing you hundreds, if not thousands, of dollars, particularly depending on Utah’s specific regulation and requirements. There are, however, preventative measures that you can take to minimize the economic damage. Understand the Legal ProcessOnce you and your partner have decided that getting a divorce is the best option for your relationship, you should consider learning the legal factors and implications that will transpire throughout the endeavor. There are local Utah laws you should understand, which can potentially save you money simply by understanding them. A common example of this includes avoiding extra legal fees simply by submitting the required legal documents to the appropriate location the first time. Often, Utah courthouse websites will have checklists and forms readily available for anyone to use, at no cost. Print these out and review them before contacting a legal professional. Utah laws about marital and divorce procedures can be quite complex. Obtaining a report from someone who has experienced the process can make things easier for you. Speak to family friends or acquaintances who have gone through the process. Speaking to someone who has gone through a divorce process, especially one that also took place in Pleasant Grove Utah can help you understand the procedure. You may be able to ask them questions or they may offer tips and advice which helped them. Getting someone else’s perspective can also give you an opportunity to see things you might not have otherwise considered. One of the most beneficial aspects of knowing the process before you even begin it is that you will be able to compile a list of questions and concerns you can ask your attorney, which undoubtedly could save you money. Being prepared will not only ease and potentially speed up the process, it can also help the entire ordeal be less strenuous. While your friends and family members might have a certain experience in regard to the divorce process, even following the same Utah regulations, it is still in fact their divorce process. The only one who will be able to tell you with exactitude what will emerge out of your case is the qualified attorney you have hired. Consider MediationA mediated divorce can be significantly cheaper than disputing your case in court. It is also less costly than hiring two separate attorneys who will negotiate the divorce terms on behalf of both parties. A mediated divorce will usually involve a single Utah attorney who will then serve as a neutral negotiator for both individuals. This attorney will help the divorcing couples separate in a realistic and agreeable way. The divorce process can be a complicated matter. Every divorcing couple will try to find what works best for them. If mediation is not convenient, other less costly options include: • An uncontested divorce. Both parties will agree to all terms and conditions in a divorce amongst themselves and will hire an attorney only for the filing proceedings. Pleasant Grove UT Divorce LawyerWhen you need a divorce lawyer in Pleasant Grove Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Holladay Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/pleasant-grove-utah-divorce-attorney/ Utah law mandates that a child’s mother and father be treated equally in all child custody matters. While these laws are meant to protect a father’s rights, most individuals still have the impression that the courts tend to offer partiality for the mother’s rights over those of the father. If you are a father seeking child custody, fair child support or to enforce your visitation rights you need an aggressive father’s rights lawyer in West Valley City and surrounding areas to stand up for your legal rights and ensure you receive a fair and impartial outcome. Protect Your Legal Rights as a Father in West Valley City, UtahFrom custody and child support issues to false abuse accusations and protecting your assets, an attorney will stand by you to ensure your legal rights, as a father, are upheld. They will ensure your interests and the best interest of your children are fairly represented. They will also work to initiate joint custodial parenting plans for shared custody or prepare your best strategy to win full custody of your children. • Negotiating Shared Child Custody: Joint or shared legal custody gives both parents the right and responsibility to make important decisions in their children’s lives like religion, health care, education, sports or extracurricular participation, child care, and travel. Shared or joint physical custody means the children spend an equal amount of time living between both parents. Although some people may assume that all competent lawyers have the knowledge and the expertise to provide proper legal advice for any number of issues that just isn’t the case. There are many fields of law and areas of specialization, which means different kinds of attorneys have specialized skills in certain legal proceedings that can significantly help you achieve the best possible outcomes. At any point in your life, you may find yourself in need of a lawyer; don’t wait for an unexpected situation to knock on your door. Be armed with the right information! Getting to know some of the most common types of attorneys can be very helpful. Check out these four types of attorneys and become familiar with their skill set. Represent you in court Divorce LawyersAs stated, approximately 50% of all American marriages end in divorce. It is an unfortunate statistic, however if this should happen to you, you’ll need to take the proper measures and seek the advice of a qualified divorce attorney. Divorce lawyers represent clients who are dissolving their marriages. These professionals are willing to perform a wide range of tasks. Divorce attorneys can help you explore the most suitable options for your particular case concerning complex matters such as child custody and visitation. The main goal of a divorce lawyer is to arrive at a favorable conclusion for both parties whenever possible. Process your divorce: contested or uncontested Health Care LawyersHealth care providers have the daunting task of having to navigate a complex system of laws and regulations, both on the state and federal level. In order to keep up with these ever changing laws, many providers hire experienced health care attorneys. These attorneys deal with the regulations and practices of health care institutions. Health care lawyers interpret highly complex health care regulations and statutes commonly known as health care law. Business LawyersWhether you run an existing business or are just starting out, hiring an attorney with experience in Business Law is a necessity. Big or small, businesses are often exposed to potential legal problems. It is for this reason that business owners need to build a trusted relationship with a Business Law attorney. Lawyers specializing in Business Law can offer legal advice and take measures to resolve disputes before they disrupt a business’ daily operations. Temporary Separation Orders in West Valley City, UtahUnder Utah law, a couple may seek a temporary separation order from a state judge. This order can establish certain financial and legal terms of a separation, including alimony, division of property, child custody, and child support. The order is “temporary” in that it automatically expires after one year unless the couple reconciles before then or one spouse files for divorce. If there is a divorce filing, the court may extend the temporary separation order until the case is resolved. It should be noted that there is no legal requirement in Utah for couples to separate before seeking a divorce. A temporary separation order is simply an option that a couple may choose, but there is no legal barrier for one spouse to immediately file for divorce or dissolution of the marriage. Further, a legal separation has to be agreed upon by both parties and is not something you can litigate in court. Many couples choose to sign a prenuptial agreement—that is, a contract in anticipation of marriage. Among other things, a prenuptial agreement typically specifies how a couple will divide their property in the event of separation or divorce. As a general rule, such agreements are enforceable in West Valley Utah. However, Utah law also states that a premarital agreement may not affect “the right of a child to support, health and medical provider expenses, medical insurance, and child care coverage.” In other words, you cannot use a premarital agreement to limit child support or settle any questions related to child custody. These matters must be handled through a divorce or a temporary separation order. Another option for couples looking to end a marriage without going through a divorce is an annulment. Unlike a divorce, which dissolves an existing legal marriage, an annulment is a judicial decree that states the marriage was never legal to begin with. In most cases, a divorce is easier to obtain than an annulment, but there are certain circumstances where the latter may be preferable. West Valley City, Utah, provides for annulment in cases where “the marriage is prohibited or void” by law. The most common examples of a prohibited or void marriage include: Child Support Lawyer in West Valley, UtahIf you are facing child support issues in Utah from a divorce or as a single parent, choose an aggressive and skilled child support lawyer in West Valley, city and surrounding areas to ensure that your children are awarded the financial support they deserve. Child support in Utah is established as a part of a divorce, temporary separation, or a support order issued by the Utah Office of Recovery Services (ORS) when parentage is proven. Parents of minor children have a legal obligation to provide financial support for their children until age 18 or upon completion of high school, with the exception of emancipated minors. An emancipated minor is an individual who is legally recognized as an independent adult. How Does Utah Calculate Child Support?The court will consider each parent’s adjusted gross income from salary, bonuses, unemployment compensation, social security benefits, and other types of income like investments, retirement, trusts and even alimony from a previous marriage to calculate child support. The court will also consider the amount of time each parent will be spending with the child or children. Other factors may influence the court’s decision for awarding child support like the number of children, medical care, childcare and any special care needs. A table will determine the child support obligation based on an established formula by Utah. The established custodial parent will receive the court established child support from the non-custodial parent. Here are a few other child support-related factors that will be considered by the courts to determine financial support for your children; Choosing a Divorce Attorney in West Valley, CityA divorce in plain terms results in a split of the couple, their property, and custody of the children. It can come after years of trying to resolve differences or a sudden conflict that cannot be untangled. Once you know divorce is inevitable, choosing a good divorce lawyer becomes the next important step. Most people would correctly assume that a good divorce lawyer has experience, has a long list of satisfied clients, knows all the ins and outs of the law, and can negotiate effectively on your behalf. But what many individuals do not consider, is how the behavior of your divorce attorney can greatly impact the outcome of your divorce. For example, an attorney that is too aggressive and lacks credibility among his/her colleagues will end up costing both sides more money, and achieve no better result for his/her own client. We have seen couples spend thousands of dollars negotiating over household goods worth only a few hundred dollars. This hardline negotiating approach by the attorney often gives the client a false sense of confidence. The truth is, a good attorney should be able to give you an idea about how the property will be divided by the judge based on the facts you give him/her. The attorney can then negotiate on your behalf in order to reach the same result before you incur the expense of court. A good attorney should have a comprehensive knowledge of the local court and judge, such that he/she can help you understand how a judge is likely to divide your property. A divorce attorney in West Valley City who is known for being disagreeable will usually end up costing you more money and getting you less property. Once an attorney is known for being unreasonable, other attorneys are unwilling to negotiate, work together, and try and reach an agreement. Judges will often use their discretionary powers to the disadvantage of that attorney because they have no respect for him/her. Rather than finding a reasonable settlement, the parties will need to go to mediation. This results in additional fees including attorney’s fees and mediation fees. It will also delay the divorce. At mediation, the mediator will probably encourage that attorney and spouse to be more reasonable. The last step is to go to court. Court is by far the most expensive step in the process. Both sides will prepare tirelessly to present their cases to the judge. There will be court costs and fees. It will delay the process until the court’s schedule opens up. Not every case is simple enough to anticipate an outcome. But a good divorce attorney in West Valley City should be able to give you general expectations about your case. Choose an attorney who is respected and credible among his/her colleagues. Choose an attorney that will fight hard to get you everything you deserve, but also know how to respect judges and other attorneys. Not every case should settle before mediation. West Valley City Utah LawyerWhen you need legal help from West Valley City Utah Attorneys, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Mapleton Utah Divorce Attorney Can I Keep My Car In A Chapter 7? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/attorneys-west-valley-city-ut/ Probate is the official way that an estate gets settled under the supervision of the court. A person, usually a surviving spouse or an adult child, is appointed by the court if there is no Will, or nominated by the deceased person’s Will. Once appointed, this person, called an executor or Personal Representative, has the legal authority to gather and value the assets owned by the estate, to pay bills and taxes, and, ultimately, to distribute the assets to the heirs or beneficiaries. The purpose of probate is to prevent fraud after someone’s death. Not all estates must go through probate though. First, if an estate falls below a certain threshold, it is considered a “small estate” and doesn’t require court supervision to be settled. Second, not all assets are subject to probate. Some kinds of assets transfer automatically at the death of an owner with no probate required. The most common kinds of assets that pass without probate are: Informal ProbateMost probate proceedings in Utah are informal. You can use it when the heirs and beneficiaries are getting along, there are no creditor problems to resolve and you don’t expect any trouble. The process begins when you file an application with the probate court to serve as the “personal representative” of the estate. (This is what most people think of as the “executor”). Once your application is approved, you have legal authority to act for the estate. Usually you’ll get what’s called “Letters Testamentary” from the court. Once you get the letters, you need to do these things: Unsupervised Formal ProbateA formal probate, even an unsupervised one, is a court proceeding. That means that a judge must approve certain actions taken by the Personal Representative, such as selling estate property, or distributing assets, or paying an attorney. The purpose of involving a judge is to settle disputes between beneficiaries over the distribution of assets, the meaning of a Will, or the amounts due to certain creditors. The informal probate process won’t work if there are disputes, so that’s when the court gets involved. Supervised Formal ProbateA supervised formal probate is one in which the court steps in to supervise the entire probate process. The court must approve the distribution of all property in such a proceeding. The basic process for an executor is: This will take about a year for most estates. The exact amount of time will depend on the size and complexity of the estate. International probate can be more complicated and usually takes between six months and two years. Sometimes disputes can come up during probate between the executor, beneficiaries, creditors, or tax authorities. These disputes can delay you in administering the estate. Generally speaking, probate Attorney, also called estate or trust attorneys, help executors of the estate (or “administrators,” if there is no will) manage the probate process. They also may help with estate planning, such as the drafting of wills or living trusts, give advice on powers of attorney, or even serve as an executor or administrator. What Does a Probate Attorney Do?What a probate lawyer does will likely depend on whether or not the decedent has drafted a will prior to their death. When There Is a WillIf an individual dies with a will, a probate lawyer may be hired to advise parties, such as the executor of the estate or a beneficiary, on various legal matters. For instance, an attorney may review the will to ensure the will wasn’t signed or written under duress (or against the best interests of the individual). Elderly people with dementia, for example, may be vulnerable to undue influence by individuals who want a cut of the estate. There are numerous reasons that wills may be challenged, although most wills go through probate without a problem. When There Is No WillIf you die without having written and signed a will, you are said to have died “intestate.” When this happens, your estate is distributed according to the intestacy laws of the state where the property resides, regardless of your wishes. For instance, if you are married, your surviving spouse receives all of your intestate property under many states’ intestate laws. However, intestacy laws vary widely from state to state. In these situations, a probate attorney may be hired to assist the administrator of the estate (similar to the executor), and the assets will be distributed according to state law. A probate attorney may help with some of the tasks listed above but is bound by state intestacy laws, regardless of the decedent’s wishes or the family members’ needs. A relative who wants to be the estate’s administrator must first secure what is called “renunciations” from the decedent’s other relatives. A renunciation is a legal statement renouncing one’s right to administer the estate. A probate attorney can help secure and file these statements with the probate court, and then assist the administrator with the probate process (managing the estate checkbook, determining estate taxes, securing assets, etc.). Most people, thankfully, don’t need to hire a attorney very many times in their lives. And even if you’ve gone to an attorney for a business matter, real estate transaction, or a divorce, working with a probate attorney is likely to be a different kind of experience. Some things are the same whenever you hire an attorney, though: to fully understand what’s going on, you will probably need to ask a lot of questions, and to keep costs down, you will have to take on some of the routine work yourself. Claiming Property with a Simple (Small Estate) AffidavitUtah has a procedure that allows inheritors to skip probate altogether when the value of all the assets left behind is less than a certain amount. All an inheritor has to do is prepare a short document, stating that he or she is entitled to a certain asset. This document, signed under oath, is called an affidavit. When the person or institution holding the property — for example, a bank where the deceased person had an account gets the affidavit and a copy of the death certificate, it releases the asset. The out-of-court affidavit procedure is available in Utah if the value of the entire estate subject to probate, less liens and encumbrances, is $100,000 or less. Simplified Probate ProceduresUtah has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate. You can use the simplified small estate process in Utah if the value of the entire estate, less liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs of administration, reasonable funeral expenses, and reasonable medical expenses of the last illness. The executor files a sworn statement that says the estate assets are less than the value described above, describes the estate assets, declares the executor has distributed assets to the inheritors, and sent the inheritors and known creditors a closing statement and provided them with a closing statement. Can I avoid probate?If you don’t own any land, and your estate is less than $100,000, no probate is required. It is possible to arrange your affairs so there is no estate to probate upon your death. For example, you can give all your property away the day before you die. You might also arrange that you own everything jointly with someone who you expect will survive you. “Joint tenancy with rights of survivorship” means simply that every person named on the title as your joint tenant who survives you will own the property without it becoming part of your estate. If you and your spouse own your home as “joint tenants”, upon your death (if you die first) your spouse will own the home without probate to transfer ownership. The same rule applies to ownership of all things you own, although the law does not usually include the power of joint ownership for such items of property as furniture or clothing or jewelry. Joint tenancy has disadvantages. If your child owns your bank account with you jointly, the child could take the money and spend it for herself. If a creditor gets a judgment against your child, the creditor could claim the account. If your child dies before you or gets divorced, the child’s spouse might become a part owner. If your child is a joint owner of your home, she could block you from selling it. There are also tax problems: if you give property away, you may be required to file a gift tax return; and if your child (to whom you deeded a joint tenancy) sells your home after your death, the child may have to pay capital gains tax. Probate of your estate including your home avoids the capital gains tax. Using a trust also avoids this tax. A safer method than joint ownership of monetary/depositary accounts is to designate the accounts to be “Paid on Death” (POD) to named beneficiaries. For example, you can make your spouse a co-owner of your accounts, and designate your children as POD beneficiaries on the account record. After you and your spouse’s deaths, any balance in the account will be paid to your children (who need only prove your death and their identities). Your children are not “owners” of the account while you are alive, so none of the children can make withdrawals, nor can their creditors. Another option is to give all your property to a trust that manages the property for your benefit while you are alive and distributes the property as you direct when you die. Such a trust is often called a “living trust” because you establish it while you are alive. It is also called “revocable” because you ordinarily retain the right to revoke the trust. If you give your property to a trust, here are some things to think about: What You Need for File A Formal Probate For An EstateFormal probate matters are typically heard by a judge and may involve one or more hearings before the court. A formal probate proceeding requires both written notice and publication notice before the allowance of the formal petition.
Free Initial Consultation with LawyerIt’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!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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How Can I File Bankruptcy To Stop A Garnishment? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/why-would-you-avoid-probate/ When a couple divorces in Utah, they must divide their marital property equitably. If they’re not able to negotiate a settlement, they’ll have to ask the court to divide the marital property. The rule about equitable division doesn’t mean the division must be equal. Instead, the court has wide latitude to decide on a fair division based on each spouse’s contribution to the marital property and on each person’s projected future needs. Marital Property and Separate PropertyIn a divorce, the distribution of property depends on which property belongs to the marriage – marital property and which property belongs to each of the two spouses – separate property. Generally, marital property is property acquired or earned during the marriage, including earned income. Property used for the benefit of the marriage, even if it started out as separate property, may also be considered marital property. Separate property includes anything that belonged to one spouse before marriage and was kept separate throughout the marriage. It could also include property given only to one spouse during the marriage, like a gift made to the husband alone or an inheritance that the wife received from a member of her family. The most common types of property divided at divorce are real property like the family home, personal property like jewelry and clothing, and intangible financial assets like income, dividends, and benefits. All of the marital property must be divided between the spouses when the marriage ends, and marital debts must also be divided. The spouse who owns separate property gets to keep that property–it can’t be awarded to the other spouse. Equitable Division of PropertyRather than rely on a hard and fast set of rules when splitting property between spouses, judges in Utah have discretion to consider a variety of factors unique to each marriage. Despite the court’s relative freedom to decide what is fair, it should always consider the length of the marriage and how the spouses acquired the marital property. It should also look at the conditions each spouse will face alone after the divorce, such as medical needs, and childcare costs. Each spouse’s level of education and earning potential are also relevant. Judges may divide property unequally after taking these factors, and others, into account. In Utah, courts consider alimony as part of the equitable division of marital property. Alimony is a payment from one spouse to the other to help the recipient spouse maintain a lifestyle as close as possible to the standard of living the parties enjoyed during the marriage and specifically, at the time they separated. If it is more equitable, the court might base alimony on the standard of living at the time of trial. The court also has the option to base alimony on the standard of living at the time of marriage if the marriage was short and there are no children. To determine the amount of alimony due, the court may consider either spouse’s fault in the deterioration of the marriage. The court also evaluates the recipient spouse’s financial resources, earning capacity, and whether that spouse worked in a business owned or operated by the obligated spouse (the one who has to pay). Additionally, the court looks at the obligated spouse’s ability to pay, the length of the marriage, who has custody of the children, and whether the obligated spouse’s earning capacity increased because the recipient spouse contributed to education or training during marriage. If one spouse is at the threshold of a major change in income because of the collective efforts of both spouses, that change also will be a factor in how the court divides the marital property and in the alimony award. Conversely, for a short marriage, the court could attempt to put the spouses back where they started as newlyweds, in terms of financial resources. Generally, alimony payments can last only as long as the number of years the marriage existed. Marital Settlement AgreementsThroughout the process, divorcing spouses have opportunities to agree between themselves on what is a fair division. They can decide to sell certain assets and divide the proceeds, while allowing each spouse to keep certain other assets. Whatever agreements the spouses make, they can submit a marital settlement agreement to the court and a court will generally accept the agreement without further involvement. On the other hand, if the spouses cannot work together, or if there are certain items of property that they cannot agree on, then the court will decide for them. While somewhat controversial, prenuptial agreements have proven invaluable to countless divorcing couples. Prenuptial agreements, also called “prenups” or premarital agreements, outline how the division of property is to be handled in the event of a future divorce. This includes real property (like land and houses), personal property (like furniture and jewelry), and pension plans and retirement benefits (like 401(k)s and defined contribution plans). In short, prenups act like blueprints. In cases where no premarital agreement exists to guide the division of assets, the court will determine how the assets and possessions should be divided, just as it would for marital property. In fact, even if you do have a prenup, there are certain areas where the court must nonetheless intervene. For example, prenuptial agreements are not allowed to include any stipulations regarding child support, healthcare coverage for children, or the costs of childcare (like daycare, food, and clothing). If you’re thinking about filing for divorce or have already been served with divorce papers, it’s important to seek legal help from an experienced attorney who can guide you through the process. Getting Started With Your DivorceIf you’re thinking of ending your marriage, it would be wise to first familiarize yourself with the basic concepts of divorce. First things first—you need to make sure you meet your state’s residency requirements before you file your petition (formal written request) for divorce. If you don’t, you won’t be able to start the divorce process. Each state sets its own laws regarding residency. The main factor in residency requirement laws is the period of time you’ve lived within the state where you plan to get divorced. Some states will let you file for divorce without a waiting period, if you currently live in the state. Others may require you to be a resident for anywhere up to a year before you can proceed with a divorce. The Utah Grounds for DivorceDivorce “grounds” is the legal reasons on which you’re basing your request that the court end your marriage. Grounds fall into two categories: fault-based and no-fault. Fault-based grounds are those that require you to prove that your spouse did something wrong, which caused the divorce. Some typical grounds in this category are adultery, extreme cruelty (physical or mental), and desertion. Today, there aren’t many benefits to filing for a fault-based divorce. However, if your state views fault as a factor in determining alimony or division of marital property, it’s something to consider. No-fault divorce is primarily based on “irreconcilable differences” or the “irretrievable breakdown of the marriage.” In short, these basically mean that you and your spouse can’t get along anymore, and there’s no reasonable prospect that you’ll reconcile. No-fault has become the avenue of choice in most divorces. There are various reasons for this. Because you don’t have to prove your spouse did something wrong, there’s typically less anxiety and tension during the divorce process. This is a big benefit, especially if there are children involved. Also, when you don’t have to fight about fault, the divorce may move more quickly. And, less arguing almost always translates into lower legal fees. Child Custody and Parenting Time also known as “Visitation”Custody is frequently a hotbed issue in a divorce. But it’s important to note that custody isn’t the all-or-nothing proposition many people think it is. In deciding custody and parenting time issues, the law requires judges to think in terms of “the best interests of the child.” To the degree possible, that usually means having both parents actively involved in the child’s life. In light of this, “joint legal custody” is often the ideal outcome of a custody case. In this scenario, both parents have a say in the most important decisions in a child’s life, such as education, religious upbringing, and non-emergency medical treatment. “Sole legal custody” means only one parent is the decision-maker, but that’s much more the exception than the rule today. Joint legal custody doesn’t necessarily translate into “joint physical custody,” where a child lives with each parent anywhere from a few days a week to literally six months a year. For any number of reasons, joint physical custody may not be feasible or advisable. In that case, a court will award physical custody to one parent (“sole physical custody”), but normally provide the other parent with a parenting time schedule. A typical parenting schedule will have a parent spending time with the child one or two evenings a week, and every other weekend, perhaps with extended time during the summer. But judges will look at parenting time on a case-by-case basis, and try to tailor a plan that best suits both parents’ schedules. Both parents are responsible for financially supporting their children. All states utilize child support guidelines to calculate how much money a parent must contribute. The amount of support owed is primarily based on a parent’s income, as well as the amount of time the parent will be spending with the child. Child support will usually also encompass other elements, such as a child’s medical needs (like health insurance and medical bills not covered by insurance). Alimony in a DivorceThe laws regarding alimony, which is also known as “spousal support” or “maintenance,” have evolved over the years. The current trend is away from lifetime or permanent alimony, which is now typically reserved only for long-term marriages, generally considered to be anywhere from 10 to 20 or more years, depending on your state. Another type of short-term spousal support is “reimbursement” alimony, often awarded in short marriages where one spouse contributed to the other’s pursuit of a college or graduate school degree. The theory is that contributing spouses deserve to be repaid for the effort and costs they expended in furthering the other spouse’s education. What Happens in a Divorce?Although divorce is common throughout the United States, the divorce process varies depending on the couple’s situation. Short-term marriages without children or property typically result in a less complex and time-consuming divorce than long-term marriages with significant property entanglements, marital debt, and minor children. Additionally, divorcing couples who work together to negotiate the terms of the divorce (child custody, child support, property division, debt allocation, and spousal support) will experience a less expensive and less stressful divorce than couples who can’t agree or refuse to work together. Step One: Filing the Divorce PetitionWhether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage. The filing spouse must include the following information: Step Two: Asking for Temporary OrdersCourts understand that the waiting period for divorce may not be possible for all couples. For example, if you are a stay-at-home parent that is raising your children and dependent on your spouse for financial support, waiting for 6-months for the judge to finalize your divorce probably seems impossible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. If you request a temporary order, the court will hold a hearing and request information from each spouse before deciding how to rule on the application. The judge will usually grant the temporary order quickly, and it will remain valid until the court orders otherwise or until the judge finalizes the divorce. Step Three: Serve Your Spouse and Wait for a ResponseAfter you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse. If you don’t properly serve your spouse, or if you neglect to file a proof of service with the court, the judge will be unable to proceed with your divorce case. Step Four: Negotiate a SettlementIn cases where the parties have differing opinions on important topics, like child custody, support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case. The court may schedule mediation, which is where a neutral third-party will help facilitate discussion between the spouses in hopes to resolve lingering issues. Some states require participation in mediation, while others do not. However, mediation often saves significant time and money during the divorce process, so it’s often a good route for many divorcing couples. Step Five: Divorce TrialSometimes negotiations fail despite each spouse’s best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial. A divorce trial is costly and time-consuming, plus it takes all the power away from the spouses and puts it in the hands of the judge. Negotiations and mediation sessions allow the couple to maintain control and have more predictable results than a divorce trial, so it’s best to avoid a trial if possible. Step Six: Finalizing the JudgmentWhether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce. The judgment of divorce (or “order of dissolution”) ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts. If the parties negotiated a settlement, the filing spouse’s attorney typically drafts the judgment. However, if the couple went through a divorce trial, the judge will issue the final order. Marital Property LawyerWhen you need legal help with marital property in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Is Divorce Better Than An Unhappy Marriage? What Are Utah Probate Documents? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/marital-property-lawyer/ A trust is a legal entity that holds title to and manages assets for an intended beneficiary. A Living trust is distinguishable from other trusts in that you, as the grantor, can make changes to the trust or revoke it entirely during your lifetime. You can also act as the initial trustee of your living trust. Living trusts are most often used to avoid the probate process that comes along with passing property through a will. Because assets are owned by the trust, and not by you, they pass by the terms of the trust upon your death, making probate unnecessary. Trusts are complicated documents and estate planning attorneys can help you navigate through the legal nuances. In order to pass through the trust and avoid probate, assets must be re-titled into the name of the trust. For instance, if you want to place your home in the trust, you must change the deed so that the trust is named as owner. Once the deed is changed, it should be recorded with the registrar of deeds, and is subject to the same fees as any real estate transaction. These fees vary by state. You can check with your local registrar of deeds for your state’s fees associated with a deed transfer. Whether or not you choose to hire an attorney to draft your living trust, you will be responsible for the expense of titling assets to the trust. A living trust is an estate planning document created during one’s lifetime. A revocable living trust goes into effect during one’s lifetime and provides a way to manage one’s assets during his/her lifetime and to dispose of assets after they pass away. There are many reasons a living trust is preferable to a last will and testament. For example, when you create a living trust, you can avoid the time and expense associated with probate. While the estate’s assets are in probate, they may be frozen – a living trust avoids this as well. Individuals also choose to make a living trust to minimize tax consequences and for privacy concerns. Types of Trusts In UtahA trust is a legal document that can be created during a person’s lifetime and survive the person’s death. A trust can also be created by a will and formed after death. Common types of trusts are outlined in this article. Once assets are put into the trust they belong to the trust itself (such as a bank account), not the trustee (person). They remain subject to the rules and instructions of the trust contract. In essence, a trust is a right to money or property, which is held in a “fiduciary” relationship by one person or bank for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust. While there are a number of different types of trusts, the basic types are revocable and irrevocable. Revocable TrustsRevocable trusts are created during the lifetime of the trust-maker and can be altered, changed, modified or revoked entirely. Often called a living trust, these are trusts in which the trust-maker: Irrevocable TrustAn irrevocable trust is one that cannot be altered, changed, modified or revoked after its creation. Once a property is transferred to an irrevocable trust, no one, including the trust maker, can take the property out of the trust. It is possible to purchase survivorship life insurance, the benefits of which can be held by an irrevocable trust. This type of survivorship life insurance can be used for estate tax planning purposes in large estates, however, survivorship life insurance held in an irrevocable trust can have serious negative consequences. Asset Protection TrustAn asset protection trust is a type of trust that is designed to protect a person’s assets from claims of future creditors. These types of trusts are often set up in countries outside of the United States, although the assets do not always need to be transferred to the foreign jurisdiction. The purpose of an asset protection trust is to insulate assets from creditor attack. These trusts are normally structured so that they are irrevocable for a term of years and so that the trust-maker is not a current beneficiary. An asset protection trust is normally structured so that the undistributed assets of the trust are returned to the trust-maker upon the termination of the trust provided there is no current risk of creditor attack, thus permitting the trust-maker to regain complete control over the formerly protected assets. Charitable TrustCharitable trusts are trusts which benefit a particular charity or the public in general. Typically charitable trusts are established as part of an estate plan to lower or avoid the imposition of estate and gift tax. A charitable remainder trust (CRT) funded during the grantor’s lifetime can be a financial planning tool, providing the trust-maker with valuable lifetime benefits. In addition to the financial benefits, there is the intangible benefit of rewarding the trust-maker’s altruism as charities usually immediately honor the donors who have named the charity as the beneficiary of a CRT. Constructive TrustA constructive trust is an implied trust. An implied trust is established by a court and is determined by certain facts and circumstances. The court may decide that, even though there was never a formal declaration of a trust, there was an intention on the part of the property owner that the property is used for a particular purpose or go to a particular person. While a person may take legal title to a property, equitable considerations sometimes require that the equitable title of such property really belongs to someone else. Special Needs TrustA special needs trust is one that is set up for a person who receives government benefits so as not to disqualify the beneficiary from such government benefits. This is completely legal and permitted under the Social Security rules provided that the disabled beneficiary cannot control the amount or the frequency of trust distributions and cannot revoke the trust. Ordinarily, when a person is receiving government benefits, an inheritance or receipt of a gift could reduce or eliminate the person’s eligibility for such benefits. By establishing a trust, which provides for luxuries or other benefits which otherwise could not be obtained by the beneficiary, the beneficiary can obtain the benefits from the trust without defeating his or her eligibility for government benefits. Usually, a special needs trust has a provision that terminates the trust in the event that it could be used to make the beneficiary ineligible for government benefits. Special needs have a specific legal definition and are defined as the requisites for maintaining the comfort and happiness of a disabled person when such requisites are not being provided by any public or private agency. Special needs can include medical and dental expenses, equipment, education, treatment, rehabilitation, eyeglasses, transportation (including vehicle purchase), maintenance, insurance (including payment of premiums of insurance on the life of the beneficiary), essential dietary needs, spending money, electronic and computer equipment, vacations, athletic contests, movies, trips, money with which to purchase gifts, payments for a companion, and other items to enhance self-esteem. The list is quite extensive. Parents of a disabled child can establish a special needs trust as part of their general estate plan and not worry that their child will be prevented from receiving benefits when they are not there to care for the child. Disabled persons who expect an inheritance or other large sum of money may establish a special needs trust themselves, provided that another person or entity is named as trustee. Spendthrift TrustA trust that is established for a beneficiary that does not allow the beneficiary to sell or pledge away interests in the trust is known as a spendthrift trust. It is protected from the beneficiaries’ creditors, until such time as the trust property is distributed out of the trust and given to the beneficiaries. Tax By-Pass TrustA tax by-pass trust is a type of trust that is created to allow one spouse to leave money to the other while limiting the amount of federal estate tax that would be payable on the death of the second spouse. While assets can pass to a spouse tax-free, when the surviving spouse dies, the remaining assets over and above the exempt limit would be taxable to the children of the couple, potentially at a rate of 55 percent. A tax by-pass trust avoids this situation and saves the children perhaps hundreds of thousands of dollars in federal taxes, depending upon the value of the estate. Totten TrustA Totten trust is one that is created during the lifetime of the grantor by depositing money into an account at a financial institution in his or her name as the trustee for another. This is a type of revocable trust in which the gift is not completed until the grantor’s death or an unequivocal act reflecting the gift during the grantor’s lifetime. An individual or an entity can be named as the beneficiary. Upon death, Totten trust assets avoid probate. A Totten trust is used primarily with accounts and securities in financial institutions such as savings accounts, bank accounts, and certificates of deposit. A Totten trust cannot be used with real property. It provides a safer method to pass assets on to family than using joint ownership. To create a Totten trust, the title on the account should include identifying language, such as “In Trust For,” “Payable on Death To,” “As Trustee For,” or the identifying initials for each, “IFF,” “POD,” “ATF.” If this language is not included, the beneficiary may not be identifiable. A Totten trust has been called a “poor man’s” trust because a written trust document is typically not involved and it often costs the trust maker nothing to establish How to Set Up a Trust• Creating the Trust Agreement: The grantor creates a trust agreement, which is a legal document that designates the grantor, the trustee, and the beneficiaries, and outlines how the trust assets are to be managed and distributed. Part of this step is deciding who you want to name as beneficiaries, how you want the trust income and assets distributed to them, and who you want to name as trustee (or trustees). Free Initial Consultation with LawyerIt’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!
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