Comprehending the distinction between a temporary worker understanding and a subcontractor understanding, it is first critical to comprehend the contrast between a contractual worker and a subcontractor. In numerous occurrences, a business will employ a temporary worker to finish certain assignments or obligations. A temporary worker isn’t viewed as a representative. Rather, a contractual worker will go about as an autonomous substance, playing out specific assignments for the organization. A temporary worker understanding is an understanding that exists between an organization and a contractual worker that the organization employs. This understanding will be reported in composed structure. The report will plot every single relevant component of the understanding, including the errands that are to be finished by the contractual worker, the timeframe that the temporary worker needs to finish these assignments, and the remuneration that the contract based worker will get for his/her work. So as to effectively finish the undertakings plot in a temporary worker understanding, a contractual worker might be required to procure a subcontractor. A subcontractor is a person who is enlisted by a contractual worker to furnish the temporary worker with merchandise or administrations important to finish the undertakings determined in a current understanding. A subcontractor will be enlisted by a contractual worker after the temporary worker has been procured by an organization. A subcontractor understanding more often than not exists between a temporary worker and a subcontractor. It plots data like the conditions point by point in a temporary worker understanding. In many occasions, the contractual worker will be in charge of repaying the subcontractor and the subcontractor is required to finish certain undertakings for the temporary worker. Both a temporary worker and subcontractor cooperate to finish determined obligations for an organization or a person. A subcontractor is an individual or as a rule a business that signs an agreement to perform part or the majority of the commitments of another’s agreement. A subcontractor is an organization or individual who is enlisted by a general contractual worker (or prime temporary worker, or principle temporary worker) to play out a particular undertaking as a major aspect of the general venture and is ordinarily paid for administrations given to the task by the beginning general contract based worker. While the most well-known idea of a subcontractor is in structure works and structural designing, the scope of chances for subcontractor is a lot more extensive and it is conceivable that the best number presently work in the data innovation and data divisions of business. The motivation to contract subcontractors is either to diminish costs or to relieve venture dangers. Along these lines, the general temporary worker gets the equivalent or preferable administration over the general contractual worker could have given independent from anyone else, at lower in general hazard. Numerous subcontractors do work for similar organizations as opposed to various ones. This enables subcontractors to further practice their abilities. • Domestic subcontractor : A subcontractor who contracts with the principle contractual worker to supply or fix any materials or products or execute work shaping piece of the primary contract. Basically this temporary worker is utilized by the primary contractual worker. • Nominated subcontractor : Certain agreements grant the engineer or managing officer to hold the privilege of the last determination and endorsement of subcontractors. The primary contractual worker is allowed to make a benefit from the utilization of selected subcontractors on location, yet should give “participation” (typically the arrangement of water, power, bathrooms, and different administrations to empower the named subcontractor to carry out his responsibility). As a result the arrangement of assigned subcontractors sets up a direct legally binding connection between the customer and the subcontractor. • Named subcontractors : Viably equivalent to a household subcontractor — A subcontractor who contracts with the fundamental temporary worker to supply or fix any materials or merchandise or execute work framing some portion of the principle contract. Basically this temporary worker is utilized by the primary contractual worker. Subcontractors need to conform to the terms of the agreement too. They are considered responsible for their work by the temporary worker and the client. Reliability and negligible time off is basic. Visit correspondence between the subcontractor, general temporary worker and the client maintains a strategic distance from issues not far off. They ought to be adaptable and willing to conform to strategy and system changes. They should finish extends by their due dates and remain inside a foreordained spending plan. Excellent work is significant in light of the fact that it considers them just as the general contractual worker. Subcontractors are in charge of withholding their very own expenses and revealing salary to the Internal Revenue Service. A few temporary workers send 1099 structures to the Internal Revenue Service for annual duty purposes. The subcontractor must monitor her own work and costs, for example, materials, permit expenses, hardware and instruments. She should keep precise records and receipts all things considered, on the grounds that the IRS enables subcontractors to discount many business related costs. The subcontractor and the general temporary worker should draw up an understanding that layouts the rights, commitments and obligations of the two gatherings. It ought to incorporate courses of events, expenses, laborers’ remuneration and a reimbursement statement. The reimbursement proviso ought to determine that the subcontractor isn’t obligated for any break of agreement that the general temporary worker submits. The subcontractor is obligated for his own behavior. The date work is to start and end likewise should be recorded on the understanding. In the state of Utah—subcontractor is an individual who is enlisted perform work and satisfy all or part of the conditions put forward in a construction contract between other individuals, more often than not the proprietor and general contractual worker. Subcontractor understandings ought to dependably be evaluated by a lawyer so as to ensure the terms, conditions, and extent of work are clear and right; that you see the majority of your commitments; and to stay away from or address predictable questions. General contractual workers commonly use structure subcontractor understandings that contain numerous arrangements that force pointless commitments on the subcontractor. While the general temporary worker may disclose to you that all subcontractors on a task need to consent to uniform arrangements, that isn’t normally valid. A portion of the subcontract arrangements that commonly are liable to exchange include: installment conditions, installment timing, obligation repayment arrangements, change request prerequisites, and elective contest goals. Carefully, “subcontracting” is drilled uniquely by a temporary worker, in particular an individual or an organization working for another element under a legally binding understanding. In the event that the contractual worker, at that point contracts out a portion of the work to one more association, it is said to have subcontracted the work out. Subcontracting is most normal in the construction business: developers regularly subcontract plumbing, electrical work, drywalling, painting, and different errands. In any case, numerous different segments participate in provisional labor also, most strikingly government temporary workers of assorted types. The entire business that provisions the U.S. Division of Defense ordinarily works under contract and uses numerous subcontractors thusly. As of late the term has come to be utilized in an increasingly broad sense to allude to any sort of work contracted or “cultivated” out. Re-appropriating errands and capacities has turned into a typical strategy used to lower costs. Organizations that work without anyone else benefit pitching merchandise and enterprises to the open may likewise take part in contracting or “subbing” a portion of the work. In such cases no agreement is in presence, consequently the prefix “sub” is superfluous; it is frequently utilized at any rate and in this manner the generally utilized shortened form, “subbing.” In the discourse that pursues the two sorts of agreement relationship will be incorporated, accordingly additionally the utilization of purported self-employed entities and contracting free-lancers. Contracting and subcontracting in Utah and other states are institutional articulations of the division of work or of specialization. Such structures are utilized for the straightforward reason that they cost not exactly giving the administration in-house. Particular kinds of work require specific and regularly costly tooling and abilities not required in an organization once a day; to give such administrations in-house would not be financially savvy. By gaining practical experience in a specific capacity, preparing it and staffing it to serve a huge customer base, administration associations can accomplish scale impacts just not accessible to the normal business. A case of this is finance benefits under which a little firm can contract out its finance organization to an organization for a little charge; the organization gets phenomenal administration, ensured adjustment to assess law, and sets aside cash. Setting aside cash is additionally at the foundation of the more flawed routine with regards to laying off individuals and afterward enlisting them back as “self-employed entities” at expenses that cost not exactly their past compensations, finance charge, in addition to borders. Such structures are disapproved of by government and are supported just inasmuch as the supply of such work surpasses the interest. The central inconveniences of utilizing temporary workers are reduced command over the capacity and less capacity to anticipate its future expenses. A contractual worker who acts and is dealt with like a representative is a representative from the perspective of the U.S. Inward Revenue Service (IRS). The IRS applies a 20-section test so as to decide if a specific laborer ought to be delegated a worker or a self-employed entity. The primary issue supporting the test is who sets the work rules: representatives must pursue standards set by their managers; self-employed entities set their own principles. A person who sets his or her very own hours, gets installment by the activity, and partitions his or her time between work for a few distinct bosses would normally be delegated a self-employed entity. Other criteria include who gives the instruments and materials expected to finish the work. A person who works at a business’ office and utilizations the business’ hardware might be viewed as a representative—except if the individual is giving programming counseling, for example; one who works at a different area and gives his or her own gear would be delegated a self-employed entity. At last, a self-employed entity ordinarily pays his or her own costs of doing business and goes for broke of not getting installment when work isn’t finished as per an agreement; a worker is typically repaid for business-related costs by the business and gets a check whether his or her work is finished or not. A private venture might be on either side of this condition: giving legally binding administrations or acquiring such administrations. As a dealer, the business must hold its freedom; as a purchaser, the business must abstain from coordinating the contractual worker in such detail as to qualify the person in question as a representative. Issues frequently emerge when the merchant wishes to be a contractual worker, has picked that way enthusiastically, however is utilizing the purchaser as his or her first client, having worked there numerous years. In such cases the former relationship might be ongoing. Entrepreneurs might be profoundly experienced in utilizing subcontractors since subs are a characteristic piece of their industry—as in construction. In situations where an enormous organization gives an administration, for example, a finance firm, the relationship is again clear and unambiguous—as may be, for example, working with an outside bookkeeper in business for oneself. Nor are issues liable to emerge when floods in business must be obliged by enlisting transitory specialists from a temp firm. In yet different cases, for example, purchasing promoting administrations, the relationship is conventional and not seen as contracting out an administration—notwithstanding when the relationship is on-going as opposed to solitary. Most organizations working with promotion offices likewise have an inward publicizing director. Issues for the private company emerge when it works with self-employed entities, normally people, who complete undertakings that either have been or should be possible in-house. Issues additionally emerge when the business works in such close organization with a temporary worker that connections between the contractual worker’s representatives (and officials) and the organization’s own staff emerge. The talented entrepreneur will, obviously, maintain a strategic distance from any contracting plans that might be seen by his or her own kin as exploitive. The proprietor who utilizes individuals down on their karma so as to abstain from making good on their finance regulatory obligations, for instance, will probably pay a high cost for this in another the structure: disintegrating resolve and key individuals stopping to look for their fortunes somewhere else. Yet, it is now and then hard to enlist gifted people since they don’t wish to work for the organization as representatives. On the off chance that that is the situation, the organization’s very own representatives ought to be educated regarding the reality. Aside from these issues, working with temporary workers has the very same prerequisites as working with any seller. Points must be clear, particulars well-created, sourcing should be as aggressive as could be expected under the circumstances, and the buying choice must be a cautious mix of cost and quality. Construction Subcontract Lawyer Free ConsultationWhen you need legal help with a construction subcontract, 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 itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.7 stars – based on 45 reviews
Do You Spend The Night In Jail For A DUI? via Michael Anderson https://www.ascentlawfirm.com/construction-subcontract-law/
0 Comments
American divorce laws have come a long way since the colonial times. Some couples in colonial and early national America executed contracts of a very private and special nature. They contracted to live apart and divide their assets so that each spouse could support a separate household. In instances of conflict, or when a mutual desire to live apart could not translate itself into action without court intervention, individuals requested divorces from judicial or legislative authorities. Such divorces necessitated a division of family property or a decree of alimony for support of an innocent wife. Thus the law of divorce and separation can reveal a great deal about attitudes toward women’s rights to family property. In the colonial period, most divorce provisions mirrored those of English law. Divorces a vinculo matrimonii, or absolute divorces with the right to remarry, were rare. Divorces a mensa et thoro, or separations from bed and board, were more readily available but still uncommon. Some colonial assemblies refused to allow any divorces at all, although equity courts provided a remedy in cases of abuse and abandonment by ordering separate maintenances out of the husband’s property. Such separations were the equivalent in effect, if not in terminology, of divorces a mensa et thoro. Other colonies developed more liberal divorce policies than were known in the mother country. Even in these jurisdictions, however, divorces remained uncommon and were considered disgraceful. In addition to divorces a vinculo matrimonii and a mensa et thoro, couples in many jurisdictions had a third option. Under the rules of contract law as enforced by courts of equity, husbands and wives could execute binding separation agreements between themselves. Couples generally made private contracts to live apart and divide property in the form of postnuptial trusts. Until late in the eighteenth century, most equity courts refused to enforce direct contracts between husbands and wives, but they would support agreements made through third parties. Hence the prevalence of postnuptial trusts as private separation agreements. Common law courts refused to recognize the validity of any contracts made between husbands and wives, whether directly or through third parties. The law of private separation agreements, therefore, was based exclusively on equitable principles and enforced only in jurisdictions that recognized them. Outside the law, couples exercised yet other options. Although technically illegal and therefore unenforceable, agreements to separate made without formal contracts or the intervention of third parties must have occurred on a regular basis. In numerous instances men resorted to simple desertion, generally abandoning their property along with their families. Often no legal action was taken against them, and women lived out their lives in the awkward legal position of femes coverts without husbands. If men left without a trace and were unheard of for seven years, the law assumed death, giving their “widows” the freedom to remarry. The most bizarre divorce option to modem ears was the wife sale, a folk custom of early modem England that made its way to the colonies. Wife sales occurred after couples had agreed between themselves to separate. Symbolic “sale” of the wife, usually to a prearranged buyer who might be the woman’s paramour or a relative, represented an acceptable form of divorce in some communities. Both church and court officials generally ignored the ritual and its effects, presumably in an effort to promote local harmony. The procedure followed in a wife sale demonstrates with graphic precision the inferior status of women in early modern Anglo-American society, for in the most primitive instances the woman was led to market in a halter and auctioned off to the highest bidder. Other local customs surface in the record now and again, revealing popular dissatisfaction with the limited divorce options recognized by law. In Pennsylvania, for example, one community relied on arbitrators to settle accounts between a woman and man who wanted to live apart. After dividing their property, a permissible step in Pennsylvania, the arbitrators went beyond the law in ordering “that Fry and his wife should separate, and either should be at liberty to marry who they pleased.” Apparently the option of applying to the state Supreme Court for a formal divorce, a possibility by 1787 when the arbitration occurred, did not seem viable to the Frys and their neighbors. As such a case of community initiative demonstrates, popular attitudes favored easier divorce laws long before lawmakers acted to create them. English Precedent and American PolicyIn England, the ecclesiastical courts heard all cases of marital discord. They granted absolute divorces to couples whose marriages were adjudged void ab initio, for such reasons as bigamy, sexual incapacity, and consanguinity (blood relationship). All children of the unions became illegitimate. Ecclesiastical courts granted divorces from bed and board for adultery of either spouse, desertion, and cruelty. Innocent women received financial support in the form of alimony—usually biannual or annual payments in cash. Divorces from bed and board did not bestow the right to remarry, as did divorces a vinculo, and the children remained legitimate if conceived before the separation. The English courts of chancery heard all disputes arising from private separation agreements created by postnuptial trusts. Late in the seventeenth century the House of Lords introduced a new kind of divorce, designed to benefit noblemen whose wives proved adulterous. If a man first obtained a divorce a mensa et thoro from the ecclesiastical courts, and successfully prosecuted a civil suit for damages against his wife’s paramour, he could obtain a private bill of divorce from Parliament giving him the right to remarry. His wife could also remarry, with one significant restriction. She could not marry the man who was her proved lover and the cause of the divorce. Ostensibly English lawmakers designed this form of divorce to protect the property of noble families. Adulterous wives were dangerous: they could deceive their husbands into making heirs of other men’s sons. To protect legitimate heirs, such women had to be put aside. Because adulterous husbands could not introduce spurious offspring as legitimate, there was no point in allowing women parliamentary divorces. No woman received one until 1801. The rules on remarriage indicate, however, that more was at stake than the protection of hereditary estates. Men also sought to punish and control unfaithful women. The Puritans believed in the value of liberal divorce laws. Both Massachusetts and Connecticut granted divorces a vinculo matrimonii for causes unrecognized in the mother country. Although the Massachusetts General Court did not formalize grounds for divorce, decrees indicate that men received absolute divorces for their wives’ adultery and women received absolute divorces if their husbands neglected or abused them in addition to committing adultery. There is no evidence that separations from bed and board were granted in seventeenth‐ century Massachusetts, but in the eighteenth century women received them for cruelty and men and women for desertion. Two men won absolute divorces for desertion. Connecticut refused to grant separations from bed and board for any cause. All divorces in Connecticut were absolute and gave the right to remarry. They were available from both the courts and the legislature for adultery, desertion, fraudulent contract, and seven years’ absence without word. Legislative divorces also could be obtained for cruelty. In the colonial period only Massachusetts and Connecticut enacted statutes providing for absolute divorce and enforced them on a regular basis. Historians believe that this radical departure from English law indicates the degree to which Puritan theories influenced Massachusetts and Connecticut lawmakers. As early as 1552 Puritan divines had advocated specific reforms in the ecclesiastical court rules on divorce. In a treatise authorized by Parliament, Reformatio Legum Ecclesiasticarum, reformers suggested allowing absolute divorces for adultery, desertion, continued absence without news, and cruelty or hatred. The Puritans did not view marriage as a sacrament, sacred in the eyes of God and the churches, but simply as a civil contract, and therefore dissolvable. Although such reforms never found support in early modem England, New England Puritans attempted to enforce them. Perhaps their belief in the family as an arm of government required policies designed to strengthen the family unit. In their eyes, absolute divorces benefited society by dissolving dysfunctional unions. New England willingness to change English law has long been noted by historians. The Puritans felt no need to adjust their principles to the demands of a government and legal system they believed corrupt and long overdue for reform. But New England fervor did not extend elsewhere. The radical divorce tradition of Connecticut and Massachusetts lawmakers stands in marked contrast to the laws of the other colonies studied. Nowhere else did colonial lawmakers break with English tradition and change the rules for granting absolute divorces. In 1705 the colonial assembly of Pennsylvania authorized annulments for consanguinity and affinity and divorces a mensa et thoro in cases of adultery, bigamy, sodomy, and buggery, but the law contained no provision for divorces a vinculo matrimonii. Later in the colonial period, the Pennsylvania assembly attempted to imitate the English parliamentary practice of granting divorces a vinculo matrimonii by private bill. The Privy Council opposed such an intrusion on Parliament’s prerogatives, however, and in 1773 disallowed a divorce bill enacted in Pennsylvania. At that time the Crown issued instructions to all colonial governors demanding that they void any divorce bills enacted in the future. Colonial New York, Maryland, Virginia, and South Carolina were even less innovative on the question of divorce than Pennsylvania. New York changed an early policy favoring absolute divorce, and refused to allow remarriage after 1675. There is no evidence that the southern colonies ever granted absolute divorces. Legal separations were another matter, however. All the southern colonies and New York administered them through their courts of chancery. Although no jurisdiction formalized the grounds by statute, separations generally could be obtained for desertion and cruelty, and occasionally for sexual offenses such as adultery, homosexuality, or bigamy. While their more radical northern neighbors were granting absolute divorces, then, the colonies with equity courts adopted a policy of support for separate residences and alimony in the tradition of English divorces a mensa et thoro. Requests for separations usually came from abused or abandoned wives who sought both protection in living alone and alimony. Colonial policy on separations demonstrates a powerful tradition of paternalism. Jurists reasoned that because the law gave men so much power over women, it had an obligation to protect women when husbands abused that power. This sense of obligation, although present in many areas of the law, is particularly evident in the cases on separate maintenances, for here the courts came face to face with the most dangerous shortcomings of the laws on women’s property rights. Again and again chancellors noted the helpless condition of abused or deserted wives, their need for financial support, and the duty of the judicial system to provide assistance. Thus in Taveroon v. Taveroon, tried in South Carolina in 1726, the chancellors acted the role of intermediary between husband and wife. They ordered Stephen Taveroon to pay his wife forty shillings a week as a separate maintenance, because she could not live in their home in safety. Despite the straitened financial circumstances of the couple, which the court acknowledged, and the desire of Stephen to have his wife return home, the chancellors thought it “Equitable” for the woman to receive a separate maintenance. In 1736 the South Carolina Chancery acted similarly to protect Ruth Lowndes by requiring her husband Charles to “give Security for his good Behaviour towards her.” The court awarded Ruth a separate maintenance consisting of various household utensils and furnishings, a sidesaddle, a slave woman and two children, and fifty pounds in current money. The history of divorce in colonial New York, Maryland, and Virginia imitates that of South Carolina. Chancellors ordered separations and payment of alimony in cases of abuse. In colonial Maryland, however, a challenge arose to the jurisdiction of the Court of Chancery early in the eighteenth century. To Thomas Macnamara, an abusive husband, it was not clear that the Chancery had a legal right to provide a remedy for his wife. When he was ordered to give her clothing and personal items and pay fifteen pounds a year for support, he claimed that under Anglo-American law only an ecclesiastical court could divorce a mensa et thoro. Chancellor Seymour dismissed his argument, however, answering that “the Infancy, Low Circumstances and present Constitution of this province prevent us from being Able to pursue [an ecclesiastical suit] here for want of the said Courts or Maintenance for the proper Oficers of them.” Seymour allowed Macnamara the right to appeal the decree to England, but ordered him to follow it in the meantime. After being imprisoned three separate times for failure to comply, Macnamara finally acknowledged his obligation to meet the court’s demand and began paying alimony. No record of an appeal to England has survived, if any was ever made. Margaret Macnamara received her separation on the grounds of cruelty and sexual misconduct. It appears, however, that charges of cruelty and desertion or nonsupport, rather than sexual misconduct, most readily convinced judges to grant women support. In Maryland, no woman used a sexual offense alone as a reason for requesting the help of the court, although women expected the charge to bolster the legitimacy of their requests. The testimony of neighbors and relatives attests to the serious nature of sexual offenses, but although adultery or homosexuality were disturbing to the morals of most settlers, charges of nonsupport and abuse formed the basis of every complaint. The sexual double standard worked to deny women separations for the infidelity of their husbands. In a suit for alimony in Maryland, a woman’s main obligation was to prove her inability to provide for herself when living separately from a dangerous or negligent man. After winning independence, many of the new states moved quickly to reform their laws on divorce. Pennsylvania imitated the New England model by providing for judicial divorces on several grounds. In 1785 the Pennsylvania legislature enacted a statute granting jurisdiction over cases of divorce to the state Supreme Court. Appeals were allowed to the High Court of Errors and Appeals. Men and women subsequently obtained divorces a vinculo matrimonii for adultery, willful desertion of four years’ duration, bigamy, and knowledge of sexual incapacity before marriage. Divorces a mensa et thoro became available for the same causes and, in addition, for cruelty. Massachusetts and New York followed suit in enacting post revolutionary divorce statutes. In 1786 Massachusetts lawmakers formalized grounds for the first time. Absolute divorces were obtainable for adultery, impotence, and criminal conviction carrying a prison sentence of seven years. Husbands and wives could obtain separations for desertion, and wives could obtain them for nonsupport. New York enacted its first divorce statute in 1787. Absolute divorces became available from the Court of Chancery for the single cause of adultery. Legal separations still were available for cruelty and desertion, as they had been in the colonial period. In 1813 the state assembly authorized the granting of divorces a mensa et thoro, thereby adding legitimacy to Chancery practices. Connecticut maintained its liberal prerevolutionary statutes on divorce, although the appearance of a three-year residency requirement in 1796 indicated the state’s unwillingness to become the divorce capital of the new nation. Connecticut’s fears had validity, as demonstrated by the actions of one Pennsylvania woman, Beulah Torbert. According to Supreme Court Justice Jasper Yeates, “It appeared to us that Mrs. Torbert left her husband without cause, refused to return to him on overtures made her, and prosecuted him for adultery without cause, merely to found certain proceedings against him for a divorce, in the state of Connecticut.” Yeates made his remark in the case of Torbert v. Twining, tried in 1795. Given the unique characteristics of South Carolina as a slave society, it could not recognize the legitimacy of absolute divorce. Divorces most often were granted for adultery, but divorce for husbands’ extramarital affairs was impossible in a social climate condoning masters’ sexual exploitation of slaves. To allow white women the freedom to divorce for male adultery would have meant placing severe restrictions on men’s sexual behavior. That South Carolina more than Maryland or Virginia accepted the inevitability of male sexual license and refused to control it through the possibility of legislative (if not judicial) divorce is consistent with what historians know about the diverse cultures of southern slave societies. In White over Black, Winthrop D. Jordan pointed to the unusual prevalence of miscegenation in South Carolina during the eighteenth and early nineteenth centuries. South Carolinians were less careful to conceal interracial liaisons than were other eighteenth-century slaveowners in the colonies. In this respect, they resembled the residents of the West Indies more than those of the mainland settlements. White women in South Carolina tolerated miscegenation by attempting to ignore it. Their own sexuality suffered as a result of the inevitable tensions in their marital lives. The plantation mistresses was “aloof from the world of lust and passion, a world which reeked of infidelity and Negro slaves”; in social situations they appeared formal and stiff. Divorce remained rare in the South as a whole and absent in South Carolina because it threatened male honor. Although men undoubtedly did seek to protect their honor by restricting access to divorce for themselves as well as their wives, they also were safeguarding their sexual privileges. Wives were forced to ignore their husbands’ illicit behavior because they possessed no legal power to prevent or control it. They could not divorce, or in most cases even obtain legal separations. It is unsurprising that the most successful complaint in southern divorce law was a wife’s adultery. In both Maryland and Virginia, the first private divorce acts (1790 and 1803, respectively) went to men whose wives gave birth to mulatto infants. Men’s honor, and their sexual rights, could not condone a woman’s unfaithfulness, particularly with a black man. The Question Of Support: Separate MaintenancesWhether in North or South, when a marriage broke up, so did family property. Divorces a vinculo matrimonii often required a final disposition of all property owned by the husband and wife, although at times courts ordered awards of yearly alimony for women. When all the family property had to be divided by the courts, they proceeded according to the rules on inheritance. Women usually received one-third to one-half of the estate owned during the marriage. The award could consist of either real or personal property or both, depending on the circumstances of each case. Divorces a mensa et thoro generally included provisions for monetary payments to the wife, while the husband maintained his marital right to control family property. That variations on these patterns are common in the records, however, indicates legislative and judicial willingness to meet the needs of individuals. In determining alimony, moreover, chancellors could be affected by the behavior of the parties, granting more or less according to their impressions of the conduct involved. Women guilty of adultery received no alimony at all, and even the conduct of innocent women was subjected to close scrutiny. Thus in Peckford v. Peckford (1828), a suit for divorce on the basis of the husband’s adultery, the New York chancellor noted, “If the wife had been perfectly discreet, prudent, and submissive to her husband, I should have allowed her half of this property.” Because she had traveled to England against the wishes of her husband and “exposed him to temptation,” he awarded her only a life annuity equal to the value of one-third of their property. In states with separate courts of equity, lawmakers gave jurisdiction over questions of property to the chancellors. The tradition grew out of chancery’s control of cases concerning women’s property rights, as well as the special ability of the masters in chancery to settle matters of account. Thus, even when legislative bodies enacted private bills of divorce, as in the Chesapeake states after the Revolution, chancery courts continued to exercise authority over separate maintenances. Chancery courts in Maryland enforced both divorces a mensa et thoro and private agreements to live apart and divide property. The chancellors also heard all suits for alimony by women who received legislative divorces. In Maryland, then, all decisions concerning the division of property, even those arising from absolute divorces ordered by the assembly, came from the chancellors. This practice began early in the colonial period, with the case of Galwith v. Galwith (1689), and continued into the nineteenth century, despite an attempt by the legislature to assume jurisdiction in Crane v. Meginnis (1820). In this case the Court of Appeals overturned a legislative decree of alimony because it represented a usurpation of judicial powers. As Justice Earle observed, a suit for alimony was distinct from a suit for divorce in Maryland, and recoverable only from the Chancery Court or the Court of Appeals. Because suits for alimony had always been heard by chancellors, the legislature could not now take over jurisdiction. In Massachusetts, a provincial statute of 1695 had given the Superior Court of Judicature jurisdiction over alimony. In the colonial period the governor and council usually determined the kind and amount of support. Alimony usually consisted of cash payments to women, proportionate in amount to the family’s wealth and status in the community. Men frequently refused to pay alimony. Petitioners who won separate bed and board thus had an ambiguous success, not being allowed to remarry, nor released from the economic constraints of the marriage contract, nor guaranteed current support. Under Massachusetts law women divorced a mensa et thoro did not enjoy the legal status of femes soles. In the eyes of the law they remained married, and therefore they could not contract, sue, or be sued in their own names. Women must have suffered considerable economic hardship under such divorce decrees. Divorces a vinculo matrimonii did not similarly handicap women. They became femes soles again, earning independence in the marketplace as well as in the household. Given the lack of financial autonomy awarded to women divorced from bed and board, it is interesting to note that this was the only form of divorce granted to women in Massachusetts on the grounds of desertion and cruelty, although women who charged their husbands with adultery in addition to desertion or cruelty could receive absolute divorces. Obviously Massachusetts jurists believed sexual misconduct to be the worst offense against the sanctity of the family. Cases of nonsupport, desertion, or cruelty did not excite the full compassion of the courts. That these charges were also the ones made almost exclusively by women indicates a sexual bias in the handling of divorce decrees. Women in eighteenth-century Massachusetts noted the distinction and apparently took it into account in bringing suits for divorce and separation. Whereas men always sued for absolute divorces, women did not. “They requested divorce or, if that were not possible, whatever the governor and Council were willing to grant.” Although Connecticut earned criticism from other jurisdictions for its liberal divorce policy, the policy was retained throughout the colonial and early national periods. Apparently the rules served the interests of residents well, perhaps in part because divorce substituted efficiently for rules allowing married women independent property rights. The General Assembly of Connecticut never enacted laws to govern the legal rights of independent businesswomen or women living separately from their husbands on an informal basis. Lawmakers believed that women already had a remedy in the rules on divorce, because each Connecticut divorce decree gave the husband and wife the legal status of unmarried persons. The chancellor from New York thus echoed sentiments expressed by southern jurists who opposed divorces but supported private agreements to separate. At times the contradiction in policy was acknowledged openly, both by attorneys and by judges. As one New York jurist observed, “However strange it may seem … that the agreement for a separate maintenance, which is merely auxiliary, should be enforced, whilst the principal agreement, viz. for a separation, is held to be contrary to the spirit and policy of the law, yet the decisions on the subject seem too numerous and uniform to be easily shaken.” Even though some early United States chancellors were unwilling to admit it, separation agreements served an important social function in a country that considered divorce a disgrace, and yet gave women few property rights unless they were separated legally from their husbands. Agreements to divide property also acted as a vital force behind the nineteenth-century movement to allow divorce at the will of the parties. According to the rules of early American law, husbands had an obligation to support their wives. Under a legal system that gave male heads of household control over wives’ real property and ownership of their personal property, the guarantee of support served as compensation to women for their losses. The inability of married women to contract or to prosecute and defend suits at law further increased their need for financial support. Under standard common law rules, women did not possess the means to take care of themselves; men had to care for them. In a statement explicitly outlining the judicial reasoning behind women’s limited property rights, Justice Putnam of the Massachusetts Supreme Court first listed the ways in which married women found themselves restricted under the law, and then observed, “For these disabilities she is liberally recompensed by the obligations which the marriage imposes upon the husband to provide for her support during coverture, and by a claim for dower after its dissolution.” When viewed from the perspective of divorce law, women’s property rights in the early decades of the nineteenth century truly represented an ideal rather than reality. In theory, a woman did not need to own property because her husband provided for her. But in order to justify giving husbands control over what women owned at marriage as well as the profits of their labor during marriage, the law had to ensure men’s financial support of their wives. During the early national period, courts and assemblies increasingly realized that their ability to guarantee women the ideal—support during marriage— was being undermined by practical considerations, including new attitudes toward marriage and divorce. In a society that was beginning to accept divorce as valid on many grounds, women living separately from their husbands became less exceptional. Society gradually realized that it could no longer deal with separated couples as deviant cases outside the ideal. They became a group representative of new views about marriage, including recognition of the individuality of husbands and wives and acceptance of conflicting interests. In response, lawmakers reluctantly adopted positions designed to reflect changing social attitudes toward marriage, separation, and property. They began to expand married women’s property rights. Despite the post revolutionary increase in divorce suits, all American jurists continued to express their belief in the necessity of strong family ties. Their perspectives on how best to promote family unity varied considerably, however, and their different responses reflected the various social, religious, economic, and legal circumstances that shaped their diverse cultures. Connecticut jurists believed that the best way to protect the family as they knew it was to deny women the ability to own separate property. Absolute divorce was far better for the morals of society than opposing interests within marriage. South Carolina was forced by peculiar circumstances to argue exactly the opposite point. Married women in the state were relatively free to own and control property if they chose to do so, and their rights to court-ordered separate maintenances were also guaranteed. But they could not, under any circumstances, remarry. That rule, South Carolina lawmakers maintained, was necessary to uphold the sanctity of the family. The other jurisdictions fell between the extremes represented by Connecticut and South Carolina. They recognized several kinds of divorce and determined which was most suitable in particular situations. The common theme in all jurisdictions, however, was a reluctance to grant divorces at all. Divorce represented an ultimate breakdown, not only in family relations, but also in the delicate property arrangements of husbands and wives. Only death was similarly disruptive, demonstrated by the fact that jurists frequently ordered property settlements at divorce in the same way they did at death. Even a cursory look at the divorce rate and trend in past decades shows the susceptibility of the divorce rate to short- and long-term fluctuations. For example, the rate of divorce dropped during the Great Depression of the 1930s, and quickly returned to its earlier level afterward. Then, toward the end of World War II and immediately after, it increased dramatically and reached a peak in 1946. The United States has among the highest divorce rate among the industrialized countries, but it also has among the highest marriage and remarriage rates. Divorce was for decades perceived not only as an indication of pathology in divorcing individuals, but also as a social disease. The implicit and explicit prevailing belief was that divorce was harmful to the individuals involved and to society, and was an offense against God. Therefore, a remedy had to be found. The problem was at first believed to be the immorality of those involved; and the appropriate response was therefore censure and punishment. Later, as social scientists looked at the broader picture, they assumed that social ills were also to blame for the breakdown of families. They called on lawmakers to solve at least some of these social defects, and to protect the victims by raising high legal barriers against divorce. The psychological approach offered yet another view: Marital dissolution stems from the difficulties experienced by individuals. Therefore, divorce had to be eradicated by psychotherapeutic means and by providing support to families in crises. Divorce and The LawNo area in which society touches family life has changed as rapidly and dramatically since the 1970s as the legal procedure for dissolving a marriage. Until 1970, there were legal restrictions and specified grounds for divorce. The legally accepted reasons for breaking up a marriage were adultery, desertion, cruelty, and non-support. Under the old legal system, the legal proceeding needed to be, and indeed was, adversarial. It required that one party should be found guilty of wrongdoing and responsible for the family breakdown. That person was to be punished by the court vis-à-vis the post divorce financial settlement. This traditional law reflected the social norms and accepted beliefs of the time: Marriage should be a lifelong commitment and that a man and a woman should devote themselves to each other, to their children, and to their home. In time, these assumptions about marriage, divorce, and gender-based division of roles and responsibilities came to be questioned. The public’s growing awareness of the gap between these assumptions and reality brought pressure to bear on lawmakers to reform the divorce laws. The “divorce revolution” began in 1970 when California’s state legislature enacted the no-fault divorce law. The no-fault law conditioned divorce only upon one partner’s assertion that “irreconcilable differences have caused the irremediable breakdown of the marriage”. The underlying assumption reflected in this law was that bad marriages should be dissolved, that economic circumstances should determine alimony and the division of family assets, and that children, where possible, should maintain contact with both parents. There is no uniform code of divorce law that is applied in all 50 states. However, most states adopted some variation of no-fault divorce laws. In some states, the divorcing couple must live apart for a certain period of time (from 6 months to 3 years) in order to obtain a legal divorce. In other less conservative states, “incompatibility” or “irreconcilable differences” must be shown by one partner if the other objects to the divorce. In most of these cases the fact that one partner chooses to leave the marriage is considered a sufficient proof of the need to divorce. Moreover, in some states, a divorce decree will be granted if one partner decides, for whatever reasons, that the marriage has reached a point of “irretrievable breakdown”. Under Utah law, to file for a divorce on no fault grounds you must meet certain requirements. You must meet the Utah residency requirements. To know if you can file for a divorce in Alpine on no fault grounds, speak to an experienced Alpine Utah divorce lawyer. However, no-fault is not only a change in a legal code, it represents a cognitive scheme. Not only did it eliminate the need to prove a spouse’s misconduct, but “it eliminated the concept of fault itself”. The new law was connected with the trend that took moral issues out of the hands of social and governmental institutions, and promoted individual freedom and equality between men and women. It was also compatible with the rejection of the traditional patriarchal pattern of the family, and with the demand that adult men and women be treated as autonomous and equally responsible for breakdowns in their marriage and for their life after divorce. No longer does one partner need to file suit against the spouse on grounds such as adultery, mental cruelty, physical abuse, desertion, or other such marital misconduct. The basic premise for “fault” divorces was that there was one “right” and/or “innocent” party and one “wrong” and/or “guilty” party that needed to be punished. By replacing the old system with a single new standard of “irreconcilable differences” there is no longer a need to invent false reasons for divorce. More importantly, the new system recognizes that in marital breakdown, there is no guilty or innocent party. Now as far as the personal relationship between spouses is concerned, the legal process of divorce begins and ends with a “petition for dissolution,” where no justification need be given. The language that is used under the new system reflects this non-adversarial approach to the legal process. Although the rationale underlying the old divorce law was protection, that of the new law is equality. In the past, it was assumed and generally accepted that the state had a legitimate role in protecting the family and its members in the case of one partner’s gross misconduct. If that partner was physically abusing or committed adultery, he or she would be severely penalized by the court when financial arrangements were considered. The reformers sought to grant financial settlement based on the prevailing social norms; that is, personal freedom and the principle of equality between the genders. No more were property and alimony to be granted on the basis of either fault or gender-based role assignments. Each spouse has equal right to the accumulated wealth of the family. Under the new system, the husband is not solely responsible for financial support, nor is the wife solely responsible for caring for the children. The new standards for property division and alimony reflect the legislators’ belief in the responsibility and ability of each spouse to achieve self- supporting status. In addition, the “child’s best interest” guideline assumes no inherent advantage for mothers in custody hearings. Not only are fathers and mothers equally responsible for the financial welfare of their children, they are also equally responsible for their children’s overall well-being. AdulteryAdultery is a ground for divorce in Utah. Consult with an experienced Alpine Utah divorce lawyer if you want are seeking divorce on the grounds of adultery. Adultery is the voluntary sexual intercourse of a married man or woman with a person other than the offender’s spouse. Today Utah divorce laws make adultery a ground for divorce. An examination of the decisions will give some notion of what adultery is. A man may be guilty of adultery, even though the offense was committed with a woman who was stupefied with liquor at the time, or where the act was committed without the consent of the woman. It has been said that if a man chooses to marry an unchaste woman with full knowledge of her unchastity, he cannot obtain a divorce for her subsequent adultery, but this is not true. The true test is not knowledge of previous conduct but a violation of the conditions of the marriage after it has been entered into. Even though a man had illicit sexual relations with his wife before marriage and married her while she was an inmate of a house of prostitution, those facts do not vitiate his right to a divorce for her refusal to leave the house and to discontinue her adulterous acts. Voluntary separation does not grant a license to commit adultery, and it is generally held that under such circumstances the innocent party may have a remedy against the other by way of divorce. DesertionDesertion is another ground for divorce in Utah. Before desertion becomes a legal ground for divorce, certain elements must be present: (1) a cessation of cohabitation, (2) desertion for the period prescribed by statute, (3) an intention to abandon, (4) want of consent on the part of the party abandoned, and (5) unjustifiable abandonment. There is no simple or uniform statutory definition of desertion as a cause for divorce. Many courts hold that if the husband drives his wife away from him, his conduct will amount to desertion as clearly as if he had left her. When either spouse after having been gone for some time offers in good faith to return, but is rejected, unless such rejection is justified it will amount to desertion. There must be an intention to abandon. The intent to abandon need not be shown by direct evidence, but may be inferred from the circumstances, as when there is long absence without justifiable cause. Desertion must be without the consent of the abandoned spouse. If there is a separation by consent, either expressed in the words of the parties or inferred from the acts of the parties, desertion cannot be relied upon as a cause for divorce. The abandonment must be unjustifiable. If either spouse is guilty of such misconduct as to create proper grounds for the other’s departure, the latter’s absence will not make out the necessary desertion. The question often arises as to what kind of conduct is sufficient justification for one spouse to leave the other. There is serious conflict on this question, and some courts stand strictly upon the principle that nothing but conduct which is a ground for divorce will justify one spouse in leaving the other. Never attempt to file a divorce petition in Utah on the grounds of desertion without the assistance of an experienced Alpine Utah divorce lawyer. Proving abandonment is complex and requires skill and expertise. This is best left to an experienced Alpine Utah divorce lawyer. ImpotenceOrdinarily, if impotence exists at the time of the marriage it is a ground for annulment. Annulment is different from divorce. Speak to an experienced Alpine Utah divorce lawyer to know the various grounds on which you can seek an annulment of your marriage. Habitual DrunkennessIt is well recognized that excessive indulgence in intoxicating drinks as a fixed habit is habitual drunkenness, and this is true even though there may be intervals when the party refrains entirely from the use of intoxicating liquors. The courts have held that neither occasional drunkenness nor habitual but moderate use of liquor will constitute a ground for divorce. A wife cannot set up habitual drunkenness as a cause if at the time of the marriage she had full knowledge of the existence of the habit. General and Special DefensesThe defenses to actions for divorce may be classified as general and special. The general defenses belong to the parties as litigants and are such as may arise in any law suit. The special defenses have been developed to protect all those likely to be affected by the dissolution of a marriage. It is the policy of the law to encourage the continuance of the marriage relation once it has been brought into existence. The law, therefore, encourages the defense of divorce actions. There are four generally accepted special defenses: collusion, connivance, condonation, and recrimination. Collusion is any agreement between the parties by which they endeavor to obtain a divorce by an imposition on the court. Its essence is fraud upon the court. As demonstrated by cases, this fraud may appear in at least three forms: (1) by the commission of an offense for the purpose of obtaining a divorce, (2) by the introduction of false evidence of an offense not actually committed, and (3) by suppression of a valid defense. Condonation is the forgiveness of a marital offense constituting a ground for divorce. It is necessary to look into the cases to see what offenses may be condoned, what is necessary to constitute condonation, and what are the effects of the condonation. That the doctrine applies to adultery is too well recognized to discuss. It applies to cruel and inhuman treatment, and perhaps to every other offense that constitutes a ground for divorce. An offer to forgive is not condonation unless it is accepted and acted upon by the other party, nor is the mere writing of letters in affectionate terms by the aggrieved spouse to the guilty one. Sexual intercourse with knowledge of a prior offense is the type of conduct which will make a case of condonation. Formal forgiveness is not essential to condonation, for the forgiveness may be implied from the conduct of the parties. There can be no condonation without knowledge of the offense committed, so that continued cohabitation cannot be construed as forgiveness if there is no realization that an offense has been committed. Recrimination is a counter charge that the complaining party has also been guilty of an offense constituting a ground for divorce. The doctrine of recrimination is grounded on the old equity theory that one who asks relief must come into court with clean hands, and that divorce laws are made to give relief to the innocent and not to the guilty party. Alpine Utah Divorce Lawyer Free ConsultationWhen you need legal help with a divorce in Alpine Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with Child Custody. Child Support. Alimony. Modification. Asset Division. Debt Division. And Much More! We can help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Why Would You Get A Legal Separation Instead Of A Divorce? Do You Spend The Night In Jail For A DUI? via Michael Anderson https://www.ascentlawfirm.com/divorce-lawyer-alpine-utah/ The Lanham Act (otherwise called the Trademark Act of 1946) is the government rule that oversees trademarks, administration marks, and out of line rivalry. It was passed by Congress on July 5, 1946 and marked into law by President Harry Truman. The Act produced results on July 5, 1947. A government resolution managing how trademarks are utilized in business exercises. The motivation behind the Lanham Act is to guarantee trademarks are select to their clients just as lessen customer disarray when distinguishing surely understood products or administrations. Otherwise called the Trademark Act. A small business that forms an LLC is required to register its name with the secretary of state’s office. This prevents other businesses within the same state from registering themselves with the same or a similar sounding name. Some examples of trademarks include Toyota (Cars and Trucks), Nike (Apparel), and Microsoft (Software). What is Trademark?Basically a brand name, a trademark secures words, names, images, sounds or hues being utilized by one business to sell an item from being utilized by another. Organizations spend a lot of cash to develop their brands, logos or trademarks. It bodes well that they ought to secure their speculation by picking up the selective legitimate appropriate to be the main substance to be permitted to utilize these. To win on a case of trademark encroachment, an offended party must set up that it has a substantial imprint qualified for insurance; and that the litigant utilized the equivalent or a comparative imprint in business regarding the deal or publicizing of products or administrations without the offended party’s assent. The offended party should likewise demonstrate that litigant’s utilization of the imprint is probably going to cause disarray with regards to the alliance, association or relationship of the respondent with offended party, or with regards to the beginning, sponsorship, or endorsement of respondent’s merchandise, administrations or business exercises by the offended party. See 1-800 Contacts, Inc. v. WhenU.com, Inc., 414 F.3d 400 (2d Cir. 2005). Along these lines, “use,” “in business,” and “probability of disarray” are three particular components important to build up a trademark encroachment guarantee. “Use”” Use” of a trademark by an asserted infringer must be set up as a limit matter. Any number of exercises might be “in business” or may make a “probability of disarray.” However, without the utilization of a trademark, such exercises don’t disregard the Lanham Act. The utilization necessity serves a restricting capacity by anticipating trademark holders from declaring a summed up ideal to control language. Some direct through which a vendor or maker tries to benefit from a contender’s name acknowledgment does not add up to “use” for motivations behind a trademark encroachment guarantee. For instance, “spring up” promotions on the Internet or explicit item position in retail locations might be offensive to the holder of a trademark, however, such uses would not disregard the Lanham Act. See 1-800 Contacts, Inc. v. WhenU.com, Inc., 414 F.3d 400 (2d Cir. 2005). The Lanham Act ElementsTo win on a false-publicizing guarantee under the Lanham Act, an offended party must fulfill the accompanying components: (1) a false or deluding proclamation of truth; that is (2) utilized in a business notice or advancement; that (3) hoodwinks or is probably going to betray in a material manner; (4) in interstate trade; and (5) has caused or is probably going to make focused or business damage the offended party. False or Misleading Statement of FactTwo types of advertising claims are actionable under the Lanham Act: (1) statements that are literally false; and (2) statements that are literally true, but likely to mislead, confuse, or deceive. Likelihood of Confusion analysis under the Lanham ActLikely to cause perplexity, or to cause botch, or to swindle with regards to the alliance, association, or relationship of such individual with someone else, or with regards to the source, sponsorship, or endorsement of his or her merchandise, administrations, or business exercises by someone else . . . will be at risk in a common activity by any individual who trusts that the individual in question is or is probably going to be harmed by such act.”). To win on a case of trademark encroachment under § 1114, a gathering must demonstrate: (1) that it has a protectable possession enthusiasm for the imprint; and (2) that the respondent’s utilization of the imprint is probably going to cause buyer perplexity. Dep’t of Parks and Recreation v. Bazaar Del Mundo Inc., 448 F.3d 1118, 1124 (Ninth Cir. 2006). An offended party must have a “substantial, protectable trademark” before guaranteeing trademark encroachment. Zobmondo Entertainment, LLC v. Falls Media, LLC, 602 F.3d 1108, 1113 (Ninth Cir. 2010).For a trademark to be “valid and protectable,” it must be “distinctive.” Id. A trademark’s distinctiveness measures its primary significance to the purchasing public. Quicksilver, Inc. v. Kymsta Corp., 466 F.3d 749, 760 (9th Cir.2006) (quotation marks omitted). Although the plaintiff in a trademark action bears the ultimate burden of proof that his or her mark is valid, federal registration provides “prima facie evidence of the validity of the registered mark and of the registration of the mark, of the registrant’s ownership of the mark, and of the registrant’s exclusive right to use the registered mark in commerce on or in connection with the goods or services specified in the registration,” and entitles the plaintiff to a “strong presumption” that the trademark is protectable. 15 U.S.C. §§ 1057(b), 1115(a); Zobmondo Entertainment, LLC, 602 F.3d at 1113-14. The focal component of trademark encroachment is the “probability of perplexity” and the “issue can be recast as the assurance of whether the likeness of the imprints is probably going to confound clients about the wellspring of the items.” GoTo.com, Inc., 202 F.3d at 1205 (references and quotes overlooked). In assessing the probability of disarray between related merchandise or administrations, the accompanying elements (alluded to as the Sleekcraftfactors) are considered: (1) quality of the imprint, (2) vicinity or the merchandise or administrations, (3) likeness of the imprints, (4) proof of real perplexity, (5) the advertising channels utilized, (6) the sort of merchandise or benefits and the level of consideration liable to be practiced by the buyers of the respondent’s item, (7) litigant’s purpose in choosing the imprint, and (8) the probability of extension of the product offerings. AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (Ninth Cir. 1979). Be that as it may, the Sleekcraft components are non-comprehensive, and ought to be connected adaptably, especially with regards to Internet trade. System Automation v. Propelled Systems Concepts, No. 10-55840, 2011 WL 815806 (Ninth Cir. Blemish. 8, 2011). Under 15 U.S.C. § 1117(a), when litigant demonstrations unshakably in its encroachment of another’s the trademark, the Court may grant up to treble harms to the offended party on the off chance that it finds that lost benefits are deficient. Taco Cabana Int’l Inc. v. Two Pesos, Inc., 932 F.2d 1113, 1127 (fifth Cir. 1991). At long last, the court may grant sensible lawyers’ expenses and expenses in the event that it confirms that the trademark encroachment case is “outstanding” under 15 U.S.C. § 1117(a). Business Advertising or PromotionThe meaning of business publicizing or advancement under the Lanham Act is generally expansive and, notwithstanding clear ads, can incorporate web promoting, marks, and even a few deals introductions to gatherings of clients or potential clients. This component is normally a really explicit request. prone to misdirect shoppers and impact their item or administration decisions. Unlawful promoting may incorporate, in addition to other things, false or misdirecting: • names Lanham Act False Advertising LitigationSo as to win in a bogus promoting Lanham Act claim, an offended party must set up that: Significant explanations may include: Aggressive or Commercial InjuryTo get injunctive alleviation, an offended party need just show undermined damage; real damage isn’t required. Be that as it may, to recuperate harms under the Lanham Act, an offended party must show genuine damage from the tested notice. The business about a contender’s matter of fact or item. A PC producer’s false proclamation that a contending PC creator delivered a sub-par item is a case of this sort of Lanham Act damage. Harms for Trademark Infringement?An offended party who demonstrates the majority of the components of trademark encroachment or “probability of perplexity” can recoup as harms any benefits gotten by the litigant because of their utilization of the imprint, any real harms endured by the offended party, and the expenses of the claim. 15 U.S.C. § 1117(a). A court may grant lawyer’s charges to offended parties in “remarkable cases.” Intentional utilization of a fake imprint in specific conditions can result in a harm grant equivalent to multiple times the respondent’s benefits. Courts may likewise arrange the pulverization of encroaching materials. 15 U.S.C. § 1118. What Defenses are Available to a Trademark Infringement Claim?A litigant blamed for encroaching an enlisted trademark can offer a few barriers under 15 U.S.C. § 1115(b), including: Amazing as in it will manage the cost of you broad influence in seeking after and preventing a contender from encroaching on your trademarks. Likewise‚ on the off chance that you are a potential respondent and you are being blamed for encroaching on the characteristic of a competitor‚ you should continue with alert and work with your lawyers to completely comprehend your presentation and potential resistance. Alleviation in False Advertising Lanham Act LawsuitsOffended parties in false publicizing Lanham Act claims may get directives keeping litigants from: Lanham Act Violations Lawyer Free ConsultationWhen you need legal help with Lanham Act Violations, 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 itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Real Estate Lawyer Layton Utah How Long Should A Separation Last? via Michael Anderson https://www.ascentlawfirm.com/lanham-act-violations/ It is important to get a DUI lawyer after being pulled over and accused of driving drunk. This is because there are serious penalties that an attorney of this type should help you avoid. Find out some of the most common consequences for drunk driving that you just may avoid by hiring a legal representative. The most commonly feared penalty is time in jail. You may still be able to avoid this if this is your first charge and you have an otherwise clean record. However, many states are cracking down and insisting that drivers spend at least a few days in jail, and you may even get a month or so, depending on the circumstances. If you wish to avoid this, you need to hire a DUI lawyer fast. Keep in mind that if you have to spend time in jail, you could end up losing your job, so this is more serious than just spending a few nights somewhere you do not want to be. Of course, the fines are usually more than most people can easily afford. They range from about $500 to $5000, depending on your blood alcohol level, the state you live in, and whether this was your first offense or your third. Either way, you should not have to pay the maximum fines, especially if you simply cannot afford it. You owe it to yourself, your family, and your bank account to reduce the fines you end up having to pay. Considering that the fines go to different entities, such as the court and special funds set up by the state, it is not unusual to at least reduce some of them with a DUI lawyer. Another common penalty is license suspension. You may think about how this will initially affect you. It means you will not be able to go to your friend’s house, the bar, or the mall. But it also means you cannot go to work or school on your own, as you need to find a ride or take public transport. You may be able to get a conditional license that lets you drive to work or school, but this depends on your state and is not always available. Even with it, though, you drive to the grocery store when you need to, meaning that it is still an inconvenience that you do not want. Daily, many people are arrested for driving under the influence. For some reason, people feel that even though they have consumed alcohol or ingested drugs, their mental state remains at its fullest capacity. They even dare to drive thinking that luck will be on their side and by some miracle, will manage to reach their destination without being arrested. Many times they are proved wrong and are arrested committing their crime. Well, if you happen to get caught committing your crime, the below is what you should expect to happen. 1. 2 Days 1 Night free stay in jail 2. DMV Hearing 3. Court Dates 4. Consequences of a DUI Basically, after being arrested and convicted for a DUI, your mobility, your job opportunity and other aspects of life will be affected for many years to come. At the time, you might think that this is a small matter but after a while, you will realize that you will be derived of opportunities because of one mistake. Help yourself by getting a lawyer experienced in DUI and you might be able to lead a normal life again. The DUI cases or the driving under the influence of either drugs or alcohol has always been one of the major concerns – so the DUI cases are treated as criminal cases be it major or minor. In addition, since the DUI cases are treated as criminal cases anywhere over US, you can well imagine the dire consequences of the cases and thus the need to hire the best DUI lawyers. Other than involving heavy penalties, it may also include spending some time in the jail and giving up your privilege to drive along with the personal freedom. No wonder people dread the DUI cases and try and hire the best possible DUI lawyers – be it the Indianapolis DUI attorneys and the Denver DUI lawyers who will help you before things get complicated and goes completely out of hand as most will complain of an intimidating experience. If you are arrested by a police officer for DUI there are possibilities that you will spend the night in jail as you still don’t have the DUI attorneys till then and even if you don’t have any DUI history! However, the worst part is that you will lose your car as well along with the car being impounded and all necessary fees will be applicable. What is driving under the influence (DUI)?It is when individuals get arrested for driving under the influence of alcohol or under the influence of drugs. Individuals guilty of DUI have blood alcohol content (BAC) of more than .05. Moreover, it is one of the common reasons why people get jailed and spend the night in jail. DUI not only includes alcohol but any intoxicant like narcotics drug or any other drugs which affect our central nervous system. According to the National Highway Traffic Safety Administration (NHTSA), about 17,000 individuals died of alcohol-related crashes in 2006 and about 10.2 individuals aged 12 years old and above drive while they are under the influence of illicit drugs. Statistics show that about 40% Americans got themselves involved in alcohol-related motor vehicle crashes during their lifetime, while more than 50% of drivers got arrested for drunk driving. Did you know that every two minutes, someone got himself injured because of alcohol related accident? Moreover, these accidents and injuries are not only restricted to the lives of drivers and pedestrians but it leads to about 73 billion dollars worth of losses. In 2008, about one-third of drivers got themselves involved in alcohol-related crashes due to drinking and driving. Because of the rising DUI cases in different states in the U.S. the government has imposed strict tolerance on DUI cases. Even though penalties vary from state to state, there are some common penalties which are universal. Penalties and associated costs of DUI conviction: 1. For first time conviction, those found guilty of DUI are imprisoned from 24 hours to 11 months and 29 days, penalized from $350 to $1,500 and their drivers’ licenses are revoked for one year. 2. For second time conviction, those found guilty of DUI are imprisoned from 45 days to 11 months and 29 days, penalized from and revocation of drivers’ licenses for two years. 3. For the third conviction, those found guilty are imprisoned from 120 days to 11 months and 29 days, penalized from $1,100 to $10,000 and their drivers’ licenses are revoked for three to 10 years. 4. For fourth conviction, those found guilty are imprisoned for not less than 150 consecutive days, penalized from $3,000 to $15,000 and their drivers’ licenses are revoked for five years. Other consequences of DUI conviction• Fines With the detrimental impact of DUI conviction to your life and your future, it is best that you should avoid drinking if you are driving or you should not drive if you drink. DUI Lawyer in Utah Free ConsultationWhen you need legal help with a DUI Charge in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help defend you against criminal charges.
Ascent Law LLC
8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How Long After Probate Is Granted Does It Take To Receive Inheritance? via Michael Anderson https://www.ascentlawfirm.com/do-you-spend-the-night-in-jail-for-a-dui/ Legal separation is an alternative to divorce. Designed for people who can no longer stand living together but who don’t want to end their marriages right away for religious or other reasons, this process is an arrangement that is governed by a legal separation agreement. Legal separation agreements are legally binding, and provide details concerning child custody arrangements, spousal support, and particulars concerning living arrangements. Legal separation is different from just living apart. It provides certain stipulations that each party has to live up to and it provides legal protection in the event one spouse decides not to follow the rules. Grounds For Legal SeparationThe grounds for legal separation are often the same as the grounds for divorce. These include: The Difference Between Legal Separation And DivorceThe primary difference between legal separation and divorce is that a legal separation recognizes that a marriage is valid and legal. There are some additional differences to be aware of. Legal separation isn’t recognized everywhere. In many places, there is no process for legal separation; instead, separation is a term that’s used to establish that the parties have not been living as a married couple. Before choosing between legal separation and divorce, be sure that both options are available where you live. Legal separation may have an effect on any eventual divorce settlement. If you are primarily interested in legal separation now but believe you may want to file for divorce later, be cautious while drafting your legal separation agreement. This legal contract, which lays out all the terms of the separation, can sometimes be converted to a divorce decree and used as is. Judges often assume that since parties are happy with the terms of their legal separation agreements, they will be fine with a divorce decree that uses the separation terms as status quo. Legal separation can have an effect on property rights. One of the most important differences between legal separation and divorce is that in a legal separation, both parties retain rights to marital property. If a divorce follows a legal separation, the court may decide to use the date of separation as a cut-off point for property rights. Similarities Between Legal Separation And DivorceIf you are considering becoming legally separated, it’s just as important to know about the similarities legal separation and divorce share as it is to know about the differences between the two processes. In most places, the same issues that are addressed during the divorce process are considered in the legal separation process. If you have children, custody arrangements will be made. Concerns including the sharing of joint property, responsibility for debt, and occupation of a co-owned home will be addressed as well. Legal separation and divorce have something else in common: Both procedures can be emotionally as well as financially upsetting. To become legally separated, you’ll have to go through the extensive process of negotiating issues including child custody, child support and visitation; property distribution and spousal support; and benefits such as health insurance. Pros And ConsThose who choose legal separation over divorce do so for many reasons. However, there are a few significant pros and cons that should be considered. Pros- The major pros for legal separation are financial. Many but not all states still recognize legally separated couples as married and they are therefore entitled to the benefits of married couples. These include: • You Are Not Sure if You are Ready for a Divorce: Getting divorced is a life-changing step. Legally separating from your spouse can be as life-changing, but it can feel less final. For the couple who is not sure if divorce is the right step, a legal separation can be a way for them to gain the space and perspective they need to see if it is time to end the marriage. Reasons to Choose a DivorceIn other situations, a divorce may be preferred. Legal Separation and Divorce Lawyer Free ConsultationWhether you want a divorce or legal spearation, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. 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
4.9 stars – based on 67 reviews
Divorce Lawyer North Salt Lake Utah Do You Still Owe Money After Foreclosure? How Long After Probate Is Granted Does It Take To Receive Inheritance? via Michael Anderson https://www.ascentlawfirm.com/why-would-you-get-a-legal-separation-instead-of-a-divorce/ It’s not uncommon for the beneficiaries of a will to become impatient with estates’ executors as the probate process drags on and on. However, the executor may not be moving slowly. She must complete several tasks before she can make the decedent’s bequests to his beneficiaries. If she jumps the gun and distributes bequests too soon, the court holds her personally responsible if she runs out of money to pay the decedent’s taxes and debts. You’ll usually get the grant of probate (or letters of administration) within 8 weeks of sending in your original documents. You should not make any financial plans based on the date you expect to receive it, as it may take longer. Get access to financial assetsYou can ask for financial assets to be transferred to an agreed ‘executorships account’. This can be either: Pay debtsAs the executor or administrator you must pay off any debts or outstanding payments before distributing the estate. This could include: Money in a joint bank account automatically passes to the other owners. You still have to include this money as part of the estate when you work out Inheritance Tax. If the person who died owned the whole of the home with another person (‘joint tenancy’), ownership passes to the other owner. Otherwise, their share goes to the beneficiary named in the will. Distribute the estateOnce all debts and taxes have been paid, you can distribute the estate as detailed: The Personal Representative or Successor Trustee has to take the following steps before the estate can be closed or the trust can be terminated: • Inventory the decedent’s documents and assets. Before a Personal Representative can be appointed by the probate court or a Successor Trustee can take over the administration of a trust, all of the decedent’s estate planning documents and other important papers must be located. The decedent’s estate planning documents may include a Last Will and Testament, funeral, cremation, burial or memorial instructions, and/or a Revocable Living Trust. The decedent’s important papers may include bank and brokerage statements, stock and bond certificates, life insurance policies, corporate records, car and boat titles, and deeds; and information about the decedent’s debts, including utility bills, credit card bills, mortgages, personal loans, medical bills and the funeral bill. • Distribute what’s left to the beneficiaries. And so we come to the very last step in the process of settling an estate or trust – write the inheritance checks to the beneficiaries. This is the very last step because if the Personal Representative or Successor Trustee fails to take care of all five of the prior steps and simply gives the beneficiaries their share of the estate or trust, then the Personal Representative or Successor Trustee will be held personally liable for all of the decedent’s unpaid bills, the administrative expenses, and all unpaid taxes. Receiving an inheritanceYou may have been left money, property, investments or other things by the person who died. The inheritance tax on the person’s estate is paid before you get this money or other items. The executor or administrator (the person in charge of distributing the estate of the person who’s died) has to pay off any debts before they can pass over money and items to the people inheriting them. If you’ve been left an asset (e.g. a property) in the Will, but there isn’t enough money in the estate to pay the person’s debts, the item you’re due to inherit may need to be sold. You can get advice from a solicitor on this. Sometimes, when you’ve been left money, the executor or administrator may ask if you’d like to accept some assets instead. It could be jewellery, or some antiques, depending on what’s in the estate. You don’t have to agree to this. You don’t have to accept an inheritance at all if you don’t want to. If you refuse it, the executor or administrator decides who gets it instead. It’s possible to change the Will of a person after they’ve died as long as anyone who’s inheriting and would be made worse off by the changes agrees to it. To do this, you need a deed of variation. This can be complex, so it’s best to get advice from a solicitor. The variation must be made within two years of the death. Inventory and ValuationsAfter an executor takes office, she has a period of time in which to prepare an inventory of the decedent’s assets for the court. This includes a list of all his property, as well as values. Values of significant assets, such as real estate, require appraisals, and a professional appraisal can take more than a month to complete. In Utah, an executor’s deadline for accomplishing all this is three months, but she can ask for an extension. Three months is a typical time frame for this step. Therefore, you can expect that probate of the will won’t reach this point until approximately four months have passed. After the oath swearing, the grant of probate usually takes between 3-4 weeks to be received. The remaining probate process usually takes up to 6 months to complete but can easily go past 12 months. The revenue and customs authority can take up to five months to process capital gains tax and the inheritance tax. You should pay inheritance tax to make sure the process takes the shortest time possible to complete. Therefore the probate cost will vary depending on the deceased person’s assets and property value. Generally, as you can see, the higher the value of the asset, the more the probate costs. Consequences of revocationIf the grant is revoked, a new grant of probate should be applied for according to the terms of the new will. If the estate has been distributed already the new personal representatives should seek specialist professional advice on recovering the incorrectly distributed parts of the estate in order to correctly distribute the assets. The recipient of any cash gifts (who would not be entitled to the legacy under the new will) may be liable for the full sum. If the existing grant of probate or letters of administration is revoked, the personal representatives may be concerned about their liability for incorrectly distributing the deceased’s estate. The personal representatives may be protected from liability provided the court is satisfied that they acted in good faith and believed there was no will or the original will was valid at the time of making the distribution. Provided the court is satisfied, the personal representatives may retain or reimburse themselves in respect of any payments and/or dispositions made under the original grant. Probate Lawyer in Utah Free ConsultationWhen you need to receive your inheritance, please call Ascent Law LLC for your free consultation (801) 676-5506. We can help you with: Estate Planning. Probates. Intestacy. Will Administration. Trust Administration. Trust Preparation. Trust Accounting. Reading of the Will. Drafting Powers of Attorney. And much more. 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
4.9 stars – based on 67 reviews
Should I Get A Prenuptial Before I Get Married? Do All Wills Have To Be Probated? What Should You Do If You Get Pulled Over For A DUI? via Michael Anderson https://www.ascentlawfirm.com/how-long-after-probate-is-granted-does-it-take-to-receive-inheritance/ In colonial times, and even after independence, divorce law in the United States varied widely across the states, with southern states generally more inclined toward the English aversion to absolute divorce than their northern counterparts. By the late nineteenth century, every state had moved to a fault-based divorce regime, which authorized absolute divorce, but only for an innocent spouse who could prove that the other spouse had engaged in serious marital misconduct. Such misconduct typically included adultery, cruelty, or abandonment. Without proof of such wrongdoing, divorce was unavailable, no matter that the spouses disliked or even hated each other. By 1969, dissatisfaction with state restrictions on divorce had led California to enact a statute allowing divorce without a showing of fault. The act went into effect under the signature of then Governor Ronald Reagan. Shortly thereafter, in 1970, the National Conference of Commissioners on Uniform State Laws boldly approved a Uniform Marriage and Divorce Act (UMDA), which authorized divorce upon a showing that a marriage was “irretrievably broken” without regard to marital fault. The states quickly followed suit. By 1985, every state had amended or replaced its divorce statute to allow divorce without a showing of fault. When divorce first became legal, it was a marked departure from the widespread agreement that marriage should be for life and that divorce was immoral. The debate was grounded in a religious context, and lawmakers found justification in the Bible for their growing realization that there were some evils, such as adultery, even worse than divorce. Feminists were ready to submit that physical abuse was another such evil. Thus, early divorce laws were based on the concept of fault; a divorce, undesirable though it was, could be granted if one spouse could prove that the other had committed a transgression so serious that the very purpose of the marriage had been destroyed. In the United States, every state except South Carolina adopted fault-based divorce laws; all included adultery as grounds. Most states soon added cruelty and desertion; it was assumed that husbands would be more likely to sue for adultery, and wives for physical cruelty and desertion. These ideas constituted a theory of divorce based on marital breakdown. In 1969, California became the first state to abolish its old fault-based statute and allow divorce for “breakdown.” The UMDA, developed by the NCCUSL, offered a model statute that prompted legislators to examine traditional divorce laws. Today couples can get nofault divorces throughout the United States (New York, after decades of debate, became the last not to rely solely on fault-based divorce). Along with breakdown, no-fault grounds include incompatibility, irreconcilable differences, and separation. With separation, divorce usually is granted after the couple has lived apart (or, technically, not had sexual intercourse) for a specified period, usually one or two years. Concerns about a rising divorce rate, and its consequences, led some conservatives in the 1990s to advocate covenant marriages, marriage contracts in which both parties to agree a far narrower set of circumstances under which the union might be dissolved including, for example, abuse or adultery. Louisiana adopted the first such law in 1997. Although only Arizona and Arkansas followed suit, the idea still sometimes finds its way back onto state legislative agendas. The trend toward no-fault divorce and the concept of shared partnership have changed the definitions and applications of alimony laws, but, so far, there is little agreement on their purpose and rationale. About half the states expressly forbid courts to take fault or misconduct of spouses into account in making alimony arrangements, while the other half make it relevant. New terms, such as spousal maintenance and spousal support, appear. The ALI proposes the idea of “compensatory payments.” It recommends that the needs/means approach be dropped in favor of making the financial loss resulting from marriage dissolution equitable between the spouses. A few states have reached an equitable property distribution policy either by enacting new divorce statutes modeled after the UMDA or by amending their existing statutes. Other states rely on court rulings to guide their judges. Nearly all states require that property divisions be equitable, or just, and order their judges to consider the contributions of the homemaker to property acquisition and maintenance. Half the states consider work done by one spouse to further the education of the other to be one such contribution. With respect to fault, a majority of the states consider misconduct to be a factor in distributing property. Physical and Legal CustodyLegal custody refers to parents’ rights to make decisions about the child’s life—such things as education, religious upbringing, health care, and play activities. Physical custody involves the primary residence of the child. Policy and practice in determining both types of custody in divorce closely parallel the changing societal views of gender roles in the family. Until the 1970s, child custody referred to both legal and physical aspects. Under common-law unity, divorce was rare, but separation did occur; in either case, the father had first claim to the children. With the growing attention to motherhood and the mother’s educating the children, two principles about custody took hold. The first related to the welfare of children: states amended their statutes to award custody in the best interests of the child. Most of these statutes were gender-neutral. But, in the courts, many judges followed the second principle. They concluded that the child of tender years belonged with the mother: “special, even mysterious bonds existed between mother and young child which, all other things being equal, made her the preferred parental custodian”. These two principles resulted in placing nearly all children of divorce in the custody of their mothers. The concepts of equality and shared partnership in marriage have since eroded the tender years principle. Nearly all states have statutes declaring that either parent may be awarded custody and establish gender-neutral guidelines to courts. Such guidelines include—largely in keeping with the UMDA of 1970—the fitness of parents; which parent was the primary caretaker during the marriage, has the greater ability to provide a stable home, and will cooperate best with the other parent; the children’s wishes; and evidence of domestic violence and abuse. The idea of equal sharing in marriage also has stimulated most states’ lawmakers to encourage joint legal custody and even joint physical custody for children in a divorce. Child SupportThe state of Utah has gender-neutral statutes regarding child support corresponding to their gender-neutral custody laws. But, since mothers tend to have custody, most courts order the fathers to make support payments. and the effects of nonsupport on welfare expenditures have brought state and federal welfare administrators into the picture in an active way. The federal government’s role in child support issues has increased since the establishment of the Office of Child Support in the 1970s. The Parent Locator Service can trace absent parents through social security numbers. Income tax refunds can be withheld. Joining the armed forces to avoid support is no longer an avenue of escape either, because federal wages can be garnished. In 1992, Congress passed the Child Support Recovery Act, making it a federal crime for parents who are able to pay to avoid child support due their children living in another state. A 1998 amendment—the Deadbeat Parents Punishment Act—extended its reach and increased available penalties, which now include fines and jail time. The act also authorizes funds to help states enforce their own criminal laws relating to support. Property RightsCommon-law traditions reflected the religious conviction that fornication and cohabitation were immoral and thus illegal. Those who practiced such behavior were fortunate to stay out of jail, let alone have grounds to assert marital-style property rights. The law usually had some sympathy, however, for a woman who had been “seduced and abandoned” or promised marriage by a man who stole her chastity and her possessions. It was not until the 1970s, when states began to repeal criminal sexuality statutes, that women appealed to contract or community-property principles to assert their rights to support or property from former live-in boyfriends. Usually the women based their claims on an oral or written contract, asserting that their homemaking duties gave them an interest in the property, the way that homemaking may give married women an interest in marital property. Who gets custody?There are minor children in roughly half of all divorces. Who gets custody? Typically, both parents are fit; both have a constitutionally protected interest in rearing their children; but both have also chosen to live separate lives. Neither has a superior constitutional claim; and courts simply have to apply the state standard for handling custody disputes. Along with fights about money, custody disputes are at the heart of many contested divorces. North Salt Lake City Utah Divorce Lawyer Free ConsultationWhen you need legal help with a divorce attorney in North Salt Lake City Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. 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
4.9 stars – based on 67 reviews
Spousal Elective Share In Utah Should I Get A Prenuptial Before I Get Married? via Michael Anderson https://www.ascentlawfirm.com/divorce-lawyer-north-salt-lake-utah/ D.U.I. stands for Driving Under the Influence, it is defined as the act of operating a motor vehicle or any means of transportation after consuming alcohol beverages or other intoxicating substance that could alter a driver’s mind and ability to drive. Drunken driving statistics show, DUI has become an upsetting crime nowadays because of the fact that it has extremely increased to an alarming number of cases. You don’t want that to happen to you, otherwise you will suffer the consequences that will utterly affect your life, your employment status, and most especially your freedom. After you have been convicted, you have to do your part and do what your lawyer ask or tell you so that you will not have DUI on your record. You should have known that DUI record is not just a simple problem you could encounter. Accidents and fatality cases attributed to DUI reveal how gruesome this crime has become. It leads people’s curiosity when is a DUI a felony? Felony refers to any criminal offense punishable by imprisonment or even death. When is a DUI a Felony?DUI is considered a felony when it causes accidents such as severe injuries, fatalities, and extreme damage of properties. If you drive under the influence, it can expand to a serious crime and can possibly charge you of committing felony. In some states, the seriousness of the issue is taken into consideration to charge the DUI offense as a felony. In some cases the numbers of convictions are taken into consideration to determine if it is a felony. For some states, second conviction for DUI in a stipulated time period is considered to be a felony. On the other hand, some states consider fourth conviction as a felony. Can my lawyer negotiate plea bargain in DUI cases?It is important that you must understand whether your lawyer can get you a plea or not. If he could, then you must be lucky because this might take away the DUI case off your record. However, due to recent law implementation, state lawyers may refuse to negotiate plea bargains in DUI cases especially if the evidence of your DUI offense is strong and resilient. In fact, most of the state laws prohibit attorneys from entering into plea bargains with DUI defendants. But in rare cases, a DUI charge may be reduced to a minor offense such as reckless driving. Have Your DUI Lawyer Through-out Due ProcessIt is your DUI lawyer who should be the first person to come in mind once arrested by authorities. Even if it is just a simple DUI arrest, you will need the service of a lawyer so critically. Having a lawyer is indispensable to ensure that you will be taken cared of suitably in the whole process of investigation court trial. How to Get Out of a DUI – Preparing for Your CaseMany people are thinking about how to get out of a DUI right from the beginning of their cases. If you want to get out of a DUI, you may consider talking with your attorney and finding out if a plea agreement is available. In some states, you may be able to plead guilty to lesser charges and be sentenced to lesser penalties. If you’re not able to make a plea agreement, your case will proceed to trial and you’ll face the full range of criminal penalties if you are convicted of DUI charges. How to Get Out of a DUI – Your Criminal TrialIf you do not make a plea agreement, your criminal trial will be scheduled. The best way to get out of a DUI at this stage of the process is to work with a qualified DUI lawyer. When you have a DUI lawyer on your side, you have access to expert witnesses and specific information that can be a great help during your trial. Expert witnesses can be used to refute testimony or show that chemical test results were invalid or unreliable. Your attorney will have access to many of these witnesses due to their extensive experience in the field of DUI law. Your attorney will also know where to look for information that could be helpful to you during your trial. If you were working with a public defender or an attorney who does not specialize in DUI defense, you’d lose out on these benefits. How to Get Out of a DUI – Administrative HearingsYou’ll most likely need to attend administrative hearings held to determine the status of your driving privileges after you have been arrested for a driving under the influence charge. Driving is something most people take for granted, but each state considers it a privilege and not an absolute right. Some states allow you to appeal a license suspension so that you can continue to drive up until your criminal trial takes place. If this is the case, your attorney can work with you to prepare for the appeal hearing. Your attorney can also speak on your behalf during this hearing so that you have a better chance of getting your driving privileges reinstated. Your lawyer will know what to say and how to handle your case because of the experience they have in the field of DUI law. How to Get Out of a DUI – SentencingIf you are convicted of driving under the influence, there is no way to get out of the DUI itself, but there is a way that you can minimize the penalties that are imposed upon you. Your attorney can speak on your behalf before sentencing takes place so that the judge can hear and consider all of the circumstances in your case. For example, your attorney may let the judge know that you have a disability or that you are responsible for caring for an elderly parent. If your lawyer can show that your incarceration would create a hardship for others, the judge may be lenient and sentence you to other penalties such as alcohol education or probation instead of jail time. Any motorist charged for driving under the influence will probably have a critical choice. This is if one should have a trial or take a plea bargain. Accepting a plea bargain is often a pretty great option if a prosecutor has a powerful case which could make the odds of succeeding in your case dubious. A plea bargain will mean a No Contest or Guilty plea on a reduced charge or penalty or even to your initial charge now with less serious repercussions. The district attorney could possibly be able to scale back the DUI or DWI charge from being a felony to a misdemeanor, and that’s often of great benefit for the driver. An additional way to go is to enter a Guilty plea on a lesser charge that comes with a lesser amount of implications. A good number of state governments make it possible for a DUI charge to be lessened to one of alcohol-related recklessness. Regardless, if a motorist is busted for a DUI / DWI for a second time in the specific amount of time, the initial charge is going to count as a previous charge, plus the driver will cope with the outcomes connected with a second DUI they are guilty. The insurance coverage costs might also spike as if for driving under the influence. Typically the very best bargain of all comes about when drunk driving charges are cut down to just traffic violations. The offender pleads guilty to an offense such as speeding or doing a dangerous lane change, and the DUI charge is was thrown off. The offender only need end up paying fines, and may even have the ability to participate in traffic schooling to clear the violation from your track record. There is no prerequisite pertaining to alcohol guidance programs, and the individual can remain without a criminal background. A plea bargain could very well be available in your case, and can give a fantastic result in the DUI case. You may want to make the effort to search for a practiced criminal defense lawyer for support, since an attorney will recognize whether and how you can go forward with a plea deal, or to resolve the case in court. Firstly see if the police have a probable cause to stop you in your car. If you violate any of the traffic laws then the police have the right to stop you. If you make an accident or drive with high speed or break any other rules then the police can easily stop you. But if it can be proved by your Drunk Driving Attorney that there was no valid reason to stop your car, then you can easily win the case without delay. If you have a well skilled Drunk Driving attorney, then he will firstly try to file a motion to suppress your DUI case. These motions are one of the main tools to defend a DUI case. Winning this motion means you win the DUI case itself. Sometimes the police officers do not put in adequate information in their reports. so you will not be able to know if the tests were performed correctly or not. In such a case your lawyer can file a motion. The lawyers can also cross check the officer at court. A good DUI lawyer has knowledge about all the loops. He can put up such questions that can easily bring the case to his favor. At times you can also accept a plea bargain. This will reduce the charges and decrease the sentences. Your lawyer can give you the advice on whether you should go to court or directly plea bargain. You can also challenge the different tests. Some states allow you to get the tests done by your own physician. If you are denied of this right then you can fight your DUI charge. Your DUI lawyer can also put up questions regarding the maintenance and functionality of the equipment’s. Your lawyer will then have enough evidence on your favor. The police should inform you about your Miranda rights of remaining silent as whatever you say can be used against you. If the police do not warn you about your Miranda rights when you got arrested, then your lawyer will be able to help you out in suppressing all the evidences which were gathered on violation of this right. Sometimes the police also present biased reports. If your lawyer can prove that the officer was not unbiased in preparing his report then he can use this point to win over the case itself. The last thing that your lawyer can use in favor of you is you as a person. He has to present you as a respected, decent, sober, well- behaved and likeable human being. He will advise you on dressing and the ways to present yourself at court. Is not such a powerful tool but will surely help you in some way. So ultimately it depends on you and your Drunk Driving Attorney as to how you will present the case to win it. DUI Lawyer Free ConsultationWhen you need legal help with a DUI charge 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 itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Does It Matter Who Files First For Divorce? Criminal Defense Lawyer American Fork Utah via Michael Anderson https://www.ascentlawfirm.com/how-do-you-plea-bargain-a-dui/ A prenuptial agreement is a written contract created by two people before they are married. A prenuptial typically lists all of the property each person owns (as well as any debts) and specifies what each person’s property rights will be after the marriage. In some states, a prenuptial agreement is known as an “ante-nuptial agreement,” or in more modern terms, a “premarital agreement.” Sometimes the word “contract” is substituted for “agreement,” as in “prenuptial contract.” An agreement made during marriage, rather than before, is known as a “post-nuptial,” “post-marital,” or “marital” agreement. Contrary to popular opinion, prenuptial are not just for the rich while prenuptial are often used to protect the assets of a wealthy fiancé, couples of more modest means are increasingly turning to them for their own purposes. Here are some reasons that some people want a prenuptial: • Pass separate property to children from prior marriages: A marrying couple with children from prior marriages may use a prenuptial to spell out what will happen to their property when they die, so that they can pass on separate property to their children and still provide for each other, if necessary. Without a prenuptial, a surviving spouse might have the right to claim a large portion of the other spouse’s property, leaving much less for the kids. • Clarify financial rights: Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage. • Avoid arguments in case of divorce: Or they may want to avoid potential arguments if they ever divorce, by specifying in advance how their property will be divided, and whether or not either spouse will receive alimony. (A few states won’t allow a spouse to give up the right to alimony, however, and, in most others, a waiver of alimony will be scrutinized heavily and won’t be enforced if the spouse who is giving up alimony didn’t have a lawyer.) If you don’t make a prenuptial agreement, your state’s laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. (Property acquired during your marriage is known as either marital or community property, depending on your state.) State law may even have a say in what happens to some of the property you owned before you were married. Under the law, marriage is considered to be a contract between the marrying couple, and with that contract comes certain automatic property rights for each spouse. For example, in the absence of a prenuptial stating otherwise, a spouse usually has the right to: • share ownership of property acquired during marriage, with the expectation that the property will be divided between the spouses in the event of a divorce or at death. • incur debts during marriage that the other spouse may have to pay for, and • share in the management and control of any marital or community property, sometimes including the right to sell it or give it away. Making a Valid Prenuptial AgreementAs prenuptial agreements become more common, the law is becoming friendlier toward them. Traditionally, courts scrutinized prenups with a suspicious eye, because they almost always involved a waiver of legal and financial benefits by a less wealthy spouse and they were thought to encourage breakups. As divorce and remarriage have become more prevalent, and with more equality between the sexes, courts and legislatures are increasingly willing to uphold premarital agreements. Today, every state permits them, although a prenup that is judged unfair or otherwise fails to meet state requirements will still be set aside. However, because courts still look carefully at prenups, it is important that you negotiate and write up your agreement in a way that is clear, understandable, and legally sound. If you draft your own agreement, which we recommend, you’ll want to have separate lawyers review it and at least briefly advise you about it otherwise a court is much more likely to question its validity. Things to know about prenuptial agreements• The Basics: A prenuptial agreement is a private agreement between a couple signed before they get married which sets forth the division of their assets in the event of divorce or death. Each state has its own laws regarding the enforcement and validity of prenuptial agreements. Which state’s law to apply depends on where the marriage took place, where the parties live during the marriage and what law the agreement says to apply. Often, couples in this situation will seek out the laws of the state that will be most beneficial in carrying out the terms of the prenup. Here Are Some Pros• A prenuptial marriage agreement does not indicate that a couple is anticipating a divorce. Prenuptial Agreement Lawyer Free ConsultationWhen you need a prenuptial agreement, 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
4.9 stars – based on 67 reviews
What Constitutes A Legal Will? Are Probate Records Public Information? via Michael Anderson https://www.ascentlawfirm.com/should-i-get-a-prenuptial-before-i-get-married__trashed/ In Utah, a surviving spouse has a right to a share of the deceased spouse’s estate unless the surviving spouse has specifically waived that right. Absent a waiver, one spouse or his or her children cannot stop the surviving spouse from receiving this share. If both spouses’ children are mutual to each other (meaning the deceased spouse has no children from a prior marriage or relationship) the surviving spouse receives the entire deceased spouse’s estate. If both spouses’ children are not mutual to each other (meaning they have a blended family and at least one of the deceased spouse’s children is not also the surviving spouse’s child) the surviving spouse receives a certain percentage of the deceased spouse’s estate. This percentage is an augmented share based on a calculation involving a somewhat complex formula including a homestead, family allowance, and exempt property as factors. It is intended, depending on the size of the estate, that the surviving spouse will receive up to $75,000.00 and then a percentage of the remaining estate and the deceased person’s children will receive the other percentage. A probate will likely need to be filed to formally determine the decedent’s heirs and the amount of the elective share. As noted, the calculation for how much a surviving spouse will receive is somewhat complicated and depends on the size and type of property in the estate. Probate and Second There is a truism in the realm of probate and estate planning that where you fail to plan, the State will plan for you. The law offers everyone the opportunity to dictate how their property and assets will be administered at their death. These options range from simple to complex, from a basic will to a detailed trust or family limited partnership. Regardless of what option you choose, the best advice is to do something rather than nothing, because doing nothing only ensures that you have no say in how your estate is administered and distributed. Doing nothing means your estate will be distributed as dictated by the legislature and the courts. For traditional families (i.e., husband, wife and children), a typical estate plan usually mirrors the distribution scheme provided for by the Utah Probate Code. Specifically, the estate passes to the surviving spouse, and then to the children. Many families do not fit the traditional mold, even if they start out that way. Much probate litigation occurs in the context of non-traditional, blended families and stepchildren. We all hope that our families will be able to handle our passing, get along, and work together, but experience shows that the lack of an estate plan often results in people looking out for their own interests rather than honoring the deceased’s wishes. Two commonly misunderstood issues in probate litigation involve either the “spousal elective share” or the “spousal intestate share.” The spousal elective share allows a surviving spouse to receive a specified amount from the estate even though he or she was omitted from the will or was intentionally disinherited. The exact amount is the subject of a complex calculation, but, generally, it is one third of the augmented estate with a minimum of $75,000. Similarly, the spousal intestate share provides that where you are survived by your spouse as well as children who are not descendants of your spouse (e.g., your spouse’s stepchildren, including your own children from a prior marriage) the surviving spouse is entitled to the first $75,000 from the estate as well as one half of the remaining property of the estate. Disputes often arise in connection with estates that are valued at less than a hundred thousand dollars, which may leave much less for your children than you intended, or might result in more going to someone you might have intended get little or nothing. In addition to these special spousal provisions, the law also dictates to whom property will pass in the event you die without a will. Generally, property passes in the following order: • spouse; A Utah decedent has the ability to dispose of all property that is titled in his or her name at the time of death. Utah is not a community property state. Utah does draw a distinction between marital property and separate property, but the distinction is relevant only for divorce. The distinction is not relevant for determining what property the decedent may dispose of at death. The one exception to this rule is that the distinction between marital and separate property is used in calculating the surviving spouse’s elective share. Real estate held by a married couple “as husband and wife” is deemed to be held in joint tenancy with right of survivorship. Real estate held by a married couple without such a designation is deemed to be held as tenants in common. If the decedent is survived by a spouse, and if all of the decedent’s descendants are also the surviving spouse’s descendants, the surviving spouse is entitled to all of the property that passes under the rules of intestacy. If the decedent is survived by a spouse, and if the decedent is survived by one or more descendants who are not the surviving spouse’s descendants, the surviving spouse is entitled to $75,000 plus one-half of the balance of the intestate property. Adjustments are made for non-probate transfers to the surviving spouse. Property not passing to a surviving spouse is distributed to the decedent’s descendants per capita at each generation. If the decedent is not survived by either a surviving spouse or any descendants, the intestate property passes to the decedent’s parents. If neither of the decedent’s parents survives the decedent, the intestate property passes to the descendants of the decedent’s parents per capita at each generation. If the decedent is not survived by any parents or descendants of parents, one-half of the intestate property passes to the decedent’s maternal grandparents or to their descendants per capita at each generation, and one-half passes to the decedent’s paternal grandparents or to their descendants per capita at each generation. If the decedent is survived by none of the foregoing persons, the property passes to descendants of the decedent’s predeceased spouse. Adjustments are made for non-probate transfers to such heirs. Distribution Methods in Utah / Per Capital at Each GenerationThe default method of distribution in Utah is the per capita at each generation method. This method applies where the decedent dies intestate. It also applies where the will or trust directs distribution to a person’s issue or descendants but is silent as to the method of distribution to be applied. Of course, where the will or trust specifies a different method of distribution, the will or trust governs. Under the per capita at each generation method of distribution, each living child receives one share, and one share is assigned to each deceased child who left surviving descendants. The shares assigned to deceased children are all aggregated and divided equally among their children. Utah has a Streamlined Probate SystemUtah has adopted the Uniform Probate Code. The probate process is thus relatively simple and requires minimal court involvement. Unless a party petitions the court for judicial resolution of a matter, an estate can be probated without any hearings before a judge. Everything can be handled through the clerk at the filing window. The personal representative has the authority to distribute property and sign deeds. Small Estate Affidavit ProcedureNo probate is needed in Utah if the total amount of the decedent’s property that would otherwise be subject to probate is less than $100,000 and if none of the property is real property. An affidavit will suffice to give banks and brokerage firms holding the property the authority to distribute it to the persons entitled to it. Revocable Trusts are Valid in UtahRevocable trusts are valid and commonly used in Utah. No particular vesting language need be included in the trust in order for it to be valid. Execution Requirements for WillsA will must be witnessed by two persons, each of whom must see the testator sign the will, acknowledge her signature or acknowledge the will, and each of whom must sign the will as a witness within a reasonable period of time thereafter. Utah has enacted a substantial compliance statute that focuses on the intent of the testator. Surviving Spouse’s Elective ShareA decedent’s surviving spouse may choose to take her statutory elective share in lieu of what she receives under the decedent’s estate plan. In very general terms, the elective share is one-third of the augmented estate. The augmented estate consists of all marital property (i.e. property earned during marriage, including income and appreciation thereon) owned by either the husband or the wife. Other Family Protection StatutesUtah provides a $15,000 homestead allowance to the decedent’s surviving spouse or, if there is no surviving spouse, to the decedent’s minor children. In addition, the surviving spouse or, if there is no surviving spouse, the decedent’s minor children, are entitled to $10,000 in furniture, furnishings and personal effects. In addition, the court may grant a reasonable living allowance to the family for living expenses during the period of administration, not to exceed one year. Enforceability of No Contests ClausesNo contest clauses in wills and revocable trusts are enforceable in Utah only if there is no probable cause for the contest. Utah Rule Against PerpetuitiesUtah has enacted a version of the Uniform Statutory Rule against Perpetuities Act. Utah has enacted anti-lapse statutes that apply to wills, revocable trusts and beneficiary designation arrangements. The statutes apply where the predeceased beneficiary is a grandparent of the decedent, a descendant of a grandparent of the decedent or a step-child of the decedent. A decedent’s heirs under the Utah wrongful death statute are different from the heirs under Utah’s rules governing intestate succession. The heirs for purposes of the wrongful death statute are the decedent’s spouse, children and parents and, in some circumstances, the decedent’s step-children. If the decedent is survived by neither spouse, children nor parents, the decedent’s intestate heirs will also qualify as heirs for purposes of the wrongful death statute. Will of an EstateThe estate owner may use a will to provide for heirs when he or she passes. In the provisions, this person may state which party receives how much from the estate. In some wills, the estate owner may disinherit the spouse. However, the elective share process may bypass this and still provide for the spouse. In many situations where this is possible, the courts will not protect any asset, and some businesses may even break up and sell in parts to pay for the up to one-third share. This process could invalidate the will’s provisions for the spouse and change how much children inherit. The Need for a WillWhile the estate owner may die without his or her wishes followed due to the elective share, the rest of the will may provide for other heirs. Additionally, the spouse may already know he or she will not receive the same amount as what the state’s elective share would give. If the spouse is willing to waive the elective share, the provisions in the will may stand in completion. This could protect businesses, provide for children or grandchildren and give to charities or other dependents. The surviving spouse may receive monetary assets in another manner that are in excess of the elective share. If the estate owner died without making a will, the estate will go through a default probate court process. The heirs of the estate may still receive an amount provided by the state for the assets that remain. However, the probate courts may use businesses left as a means of sale and profit. Instead of passing a company to another person, it may undergo a sale and the proceeds given to the heirs and spouse. To prevent this and other actions, the estate owner needs to create a legal document that specifies what happens to the assets. The elective share rule is the default setting for a spouse that faces an estate with no will or other provisions in place. In the usual situation, the spouse and direct children have an opportunity to receive an amount of the estate in percentage based on who the party is. If the spouse does not want to take advantage of the elective share, he or she does not need to do so and may choose to waive this right. This is entirely up to him or her. While the minimum of this process may alter the business or assets transferred to the children or other dependents, the spouse may waive any elective share rights to keep the estate intact and not interrupt the inheritance of others. Spousal Elective Share In UtahIf you are here, you probably have an estate issue you need help with, like a Spousal Elective Share in Utah, please call Ascent Law LLC for your free estate law 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
4.9 stars – based on 67 reviews
How Do I Know If I Qualify For Chapter 7? Family Lawyer Spanish Fork Utah How Often Do First Time DUI Offenders Go To Jail? via Michael Anderson https://www.ascentlawfirm.com/spousal-elective-share-in-utah/ |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
April 2023
Categories |