Debt settlement and bankruptcy are solutions to the same problem what are the most direct methods to get out of debt but they each come with their own advantages and disadvantages, and choosing the right one can be tricky. If your debts are so massive that you can’t imagine repaying them, it’s time to evaluate both options as you look to restore your credit health and financial well-being. Bankruptcy can offer the fastest path out of debt, but the long-term impact on your creditworthiness is severe. A bankruptcy will stay on credit reports from s 7-10 years, which will greatly impede your ability to get a loan, receive a credit card or buy a home Bankruptcy, which is adjudicated in federal court, either wipes out your personal debt (Chapter 7) or creates a 3-5 year plan for repaying creditors (Chapter 13). Debt settlement doesn’t require a court filing and, unlike bankruptcy, can often be handled without a lawyer or financial counselling. A settlement is a deal you negotiate with creditors to pay less than the amount owed, usually with a lump-sum payment. Debt SettlementDebt settlement also known as debt negotiation and debt arbitration must never be confused with credit counselling and debt management programs. In debt settlement, you or your representative attempt to get creditors (usually credit card issuers) to accept a portion of the total balance as payment in full. Individuals can try negotiating for themselves if they have access to substantial amounts of cash. The cash will be used to pay a substantial portion of their account balances — somewhere in the neighborhood of 40-70 percent. Key Similarities and Differences And BankruptcyLet’s first acknowledge the slim similarities between debt settlement and bankruptcy: Each is designed to erase or forgive certain types and certain amounts of debt. Also, at the end of each, your credit score will have absorbed a hammering. That’s pretty much it. Beyond that, the two processes are remarkably different animals. When to Consider Debt Settlement or Chapter 7 BankruptcyIf your monthly debt payments, excluding mortgage or rent, exceed 20% of your income, you have a debt problem that requires action. The seriousness of the problem, and your ability and determination to overcome it, will determine whether a debt settlement plan or bankruptcy is the better option. Utah Bankruptcy and Debt Settlement on CreditBoth bankruptcy and debt settlement can reduce your creditworthiness and lower your credit, or FICO, score for years. Bankruptcy, no matter which chapter you file under, is certain to bring down your score. The better your score is to begin with, the more it will drop. Advantages and Disadvantages of Bankruptcy Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Commercial Litigation Attorneys Foreclosure Lawyer Morgan Utah Best In West Valley City UT DUI What Is The Maximum Income To File Chapter 7? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/is-it-better-to-settle-debt-or-file-bankruptcy/
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If you are looking to hire a criminal attorney, chances are that you are in a difficult situation and need the assistance of a criminal defense attorney quickly. Facing criminal charges, whether minor or a more severe charges, is often a very serious matter with consequences. These may include jail time, creation of a criminal record, monetary fines, loss of future employment opportunities, or more. Therefore, it is often in your best interests to find and hire an experienced and well qualified criminal defense attorney to assist you with your charges. Importantly, the Constitution guarantees you the right to counsel in criminal prosecutions. If you cannot afford an attorney, then the court will appoint one for you. However, if the court decides based on your income and assets that you can afford an attorney, and then you may either hire a private attorney or represent yourself. Criminal defense attorney costs will typically vary based upon various factors. These may include: the severity of the charges that you are facing, the notoriety or experience of the attorney, the complexity of the legal issues in the case, and whether the case goes to trial, to name a few. Thus, it is important when hiring a criminal defense attorney to discuss the attorney’s fees prior to entering into a written contract. What Does a Criminal Defense Attorney Do?If there is a criminal claim brought against you, you may be faced with criminal penalties, such as fines, jail time, or both. Thus, if you have been charged or are under arrest for suspicion of having committed a crime, it is in your best interests to first consult an experienced attorney before you respond to any criminal prosecution. A qualified and experienced criminal defense attorney will guide you through the entirety of the criminal legal process and help you assert any possible criminal defenses to the charges being brought against you. In most cases where you are seeking a criminal defense attorney, you may have already been arrested, taken into police custody, and booked through the police system. After this, you are typically given a chance to post bail, before an arraignment is held where you are read the criminal charges that are being brought against you. During the arraignment, you will be asked to enter your plea, and should there be no plea bargain, a preliminary hearing will be held where a judge will determine whether there is sufficient evidence to charge you with a crime. As can be seen, the entire criminal procedure is often very complex, and, thus, it is often in your best interest to consult with an experienced criminal defense attorney. A criminal defense attorney will often charge you based on an agreed upon hourly fee or flat fee, as well as bill you any related court costs for defending your case, such as expert witness or investigator fees. How Much Does It Cost to Hire a Criminal Attorney?As noted above, the costs of criminal defense lawyers vary, as no criminal case is identical to another. There are several factors that can affect the overall costs of a criminal case, including: • Defendant’s Income: Your income determines whether you are eligible for a court-appointed attorney, or whether you need to hire your own attorney. Each jurisdiction may have different qualifications to determine if someone can afford to hire their own attorney. If an individual qualifies based on their income, then the court will appoint a public defender paid for by the government, as guaranteed by the Constitution; Reasons to Hire a Criminal Defense Attorney• They Understand the Judicial System: The first and often most important reason to hire an experienced criminal defense attorney is that they understand how the judicial system works. The legal system can be confusing, even for people who work in it every day, but an experienced defense lawyer knows the intricate workings of the court systems and can help guide you through the process based on your individual case. • They Have Dealt with Cases Similar to Yours Before: Not all attorneys are built the same. While all attorneys passed law school and the state bar to practice in the jurisdiction, different attorneys have different specialties. Tips to Help You Find the Best Criminal Attorney• An Attorney Should Be Responsive: When you’re facing a criminal charge, time is of the essence. Time lost is a case lost. You need a criminal defense attorney that’s going to get to work on the case right away. When you contact a lawyer, they should respond quickly. Their legal team should be able to arrange a meeting with you within one day. If they’re quick to answer to your phone call or email, they’re probably going to be equally on the ball when it comes to defending you. • The Right Attorney Specializes in Criminal Law: Although they don’t have to practice criminal law exclusively, the right attorney at least specializes in criminal law. If you don’t see anything on the attorney’s website about criminal law, it’s likely that they’re not the right lawyer for your needs. Your attorney needs regular involvement in criminal law to stay up to date on the nuances of this type of law and the best possible defenses. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Trust Lawyers Salt Lake Valley Commercial Litigation Attorneys What Is The Maximum Income To File Chapter 7? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-criminal-attorney/ Chapter 7 bankruptcy isn’t available to everyone. It’s for people who don’t have funds left over after paying necessary monthly bills. To determine whether you fit into this category, you must pass a test called the means test. If the results show that you can pay backs some or all unsecured debt for instance, credit card balances, overdue utility payments, and medical bills you’ll have to file for Chapter 13 bankruptcy and pay into a five-year repayment plan. If you don’t have much left over, you’ll have met the requirements to file for Chapter 7 bankruptcy. Household IncomeIt’s a bit misleading to say that you’re eligible to file for Chapter 7 bankruptcy if you “pass” the means test because it’s a two-part calculation. The first part of the means test compares your family income to the median income for your state. If yours falls below the median for the size of your family, you’ve passed and don’t need to complete the second part. You’ll have met the Chapter 7 requirements. Qualifying ExpensesAll isn’t lost if your family income is higher than the median you get another chance to pass. The second part of the means test lets you deduct reasonable and necessary expenses from your family income. Any amount left over is your disposable income. If you don’t have enough disposable income to pay into a Chapter 13 bankruptcy repayment plan, you meet the Chapter 7 income requirements Standard ExpensesThe standard expenses are predetermined amounts that represent national and regional averages. You’ll find them in charts developed by the Internal Revenue Service. The purpose of the standardized values is to help ensure that a filer living an extravagant lifestyle can’t take advantage of a Chapter 7 filing. Here are a few examples: Actual ExpensesYou’ll be able to use some of your real expenditures, as well, including: Disposable IncomeThe amount remaining after deducting all these expenses from your income is your disposable income for the month. You’ll multiply that figure by 60 to determine your total disposable income for a 60-month plan. Next, you’ll compare your total disposable income to the means test amounts (these figures are due to be adjusted in 2019): The court presumes that a debtor who fails the means test is abusing the Chapter 7 bankruptcy process. But you might be able to overcome the presumption of the abuse. To do so, you’ll have to show that you have exceptional circumstances that the test doesn’t account for, that you have a good reason for expenses that are higher than typically allowed, or that your future income will be less than the amount used for the means test. An example of exceptional circumstances would be the higher than usual expenses experienced by the victims of catastrophic storms. The courts must consider these costs and make other reasonable accommodations for victims filing for Chapter 7 bankruptcy when possible, such as waiving particular document requirements. The Means TestWith the enactment of the Bankruptcy Abuse and Consumer Protection Act of 2005 (“BAPCA”), bankruptcy debtors are now required to pass a “means test” in order to qualify for Chapter 7 bankruptcy. Read on to learn more about whether you qualify to file for Chapter 7 bankruptcy. Passing the Means TestIn order to pass the means test, you must have little or no disposable income. To determine whether you qualify for Chapter 7 bankruptcy, the means test compares your average monthly income for the six-month period preceding your bankruptcy against the median income of a similar household in your state. If your income is below the median, you automatically qualify. Your Options If Your Income Is Above the MedianBut what happens if your income is above your state’s median? Many debtors think that such a scenario represents the endgame for them, that there is no way they can file a Chapter 7 bankruptcy with their income being so high. This is not necessarily true. If your income is above median, you must complete the entire means test form instead of qualifying simply based on your income. The means test is essentially a balancing stage where your expenses are weighed against your income. But keep in mind that you can only use your actual expenses for certain items. For many expenses, the means test only allows you to deduct the national or local standard living allowance. If deducting all allowable expenses from your income results in little or no disposable income, you can file for Chapter 7 bankruptcy. If your expenses are less than your net income, you probably cannot file a Chapter 7. While this may seem simple enough to determine, bear in mind that the value of a given expense depends on a number of complicated formulas. For this reason, it is very important to speak with an experienced bankruptcy attorney before taking any course of action. How to Qualify for Chapter 7 BankruptcyIf you’re struggling with debt, you may consider filing Chapter 7 bankruptcy to wipe the slate clean and start over with no outstanding debts. A Chapter 7 bankruptcy is a type of bankruptcy in which certain property is sold and used to repay all or some of your debts. If you don’t have property that can be resold, many of your debts will be discharged, or cancelled, at the end of the bankruptcy case. Not everyone is eligible to file Chapter 7 bankruptcy, particularly people with high incomes who could afford to repay their debts through Chapter 13 bankruptcy. Here is a list of criteria that qualifies you for Chapter 7 bankruptcy. The bankruptcy means test compares your monthly income of the state’s median family income for a family of your size. If your monthly income exceeds the state’s median income, you may not be able to file Chapter 7 bankruptcy. The means test is required if more than half your debt comes from consumer purchases rather than business, tax, or tort debts. Tort debts are debts for injuries or damages you caused to someone else. If your income does not meet the means test, it could indicate that you have enough money left after paying bills to repay some of your debts. The bankruptcy law prevents people from repeatedly running up debts and having them discharged in bankruptcy court. You aren’t legally able to file Chapter 7 bankruptcy if you had a previous Chapter 7 bankruptcy discharge within the past 8 years or a Chapter 13 bankruptcy discharge within the past 6 years. The filing period starts from the date your previous bankruptcy was filed rather than when the bankruptcy was discharged. You have not had a recent bankruptcy dismissal.You can’t file Chapter 7 bankruptcy if you had a bankruptcy dismissed within the past 180 days for any of these reasons: you violated a court order, abused the bankruptcy system, made a fraudulent bankruptcy filing, or requested a dismissal because a creditor requested the automatic stay be lifted. You must receive credit counselling.To file any type of bankruptcy, you must receive credit counselling from a government-approved credit counselling agency. You don’t have to get counselling before filing bankruptcy, but you must complete it no more than 180 days prior to your bankruptcy discharge. Part of the credit counselling must include a two-hour financial management course. Agencies that offer this course aren’t always non-profit, but they should be able to offer free or lower cost services to you if you can’t afford the full price. The Office of the U.S. Trustee has a state-by-state list of approved agencies. If you don’t receive your credit counselling within the specified time frame, your bankruptcy case will be dismissed. Who Must Take the Means Test?Not everyone. For instance, business entities and certain members of the military are exempt. Individuals whose total debt is primarily business debt (debt incurred while engaging in profit-making activities) also don’t need to meet Chapter 7 means test requirements. Do I Qualify for Chapter 7 Bankruptcy?To qualify for Chapter 7 bankruptcy, your disposable income must be low enough to pass the means test. A chapter 7 bankruptcy provides very thorough relief from debt by wiping out most unsecured debt and allowing the debtor to have a fresh start. To prevent consumers from abusing the system, however, Congress has provided eligibility requirements for filing a Chapter 7 case. Here are the main requirements to qualify for Chapter 7 bankruptcy relief. Pre-bankruptcy Credit CounsellingBefore you file for Chapter 7 bankruptcy, you must complete a pre-bankruptcy credit counselling course conducted by an approved agency. You must complete this course within six months prior to the date you file for bankruptcy. Once the counselling is complete, you will receive a certificate that you must file with the court. Not Qualifying After Passing the Means TestMany debtors don’t realize that you still might not qualify for Chapter 7 bankruptcy after passing the second portion of the means test. The means test is based in part on national and regional averages for certain expenses. In a separate part of your bankruptcy paperwork, you’ll provide a list of your actual expenses. If you’re actual expenses are much less than the means test, you could have more disposable income than the calculation would suggest. Here are two scenarios to illustrate: Bankruptcy Chapter 7 AttorneyWhen you need legal help with the Means Test for Chapter 7 Bankruptcy in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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What Is The Income Cut Off For Chapter 7? What Is Private Placement Of Shares In Utah? Title 1 Firearms And Purchasers With Criminal Records Foreclosure Lawyer Layton Utah Commercial Litigation Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-is-the-maximum-income-to-file-chapter-7/ Commercial litigation can be tough to define even when speaking with lawyers. While commercial litigation is tough to define, that is not necessarily a bad thing. In fact, commercial litigation provides anyone within it with unparalleled experience in the wide range of business disputes that it encompasses under its umbrella. This fact makes commercial litigation work the perfect type of work for anyone in the legal field that is interested in a constantly changing variety of cases and subjects, and especially invaluable for recent law school graduates. The next time that someone asks you to define what commercial litigation means to you, just remember that its breadth is exactly what makes it the perfect practice area in which to start your legal career. With any legal dispute a commercial business or company may be facing, the security and financial well-being of their business is a priority. What can help maintain your business’s bottom line is having an experienced commercial litigation attorney. While it may seem like just another added expense, it is a necessary one. A skilled and knowledgeable business and commercial litigation lawyer can truly help mitigate the time and cost of a lawsuit. If you try to settle this on your own through negotiations or mediations, you may find yourself looking at a lawsuit and then wishing you had simply hired an attorney to begin with. Reasons You Should Hire A Lawyer For Your Commercial Or Business Litigation CaseThere are many reasons to hire a lawyer when your business is facing litigation, but here are just some of the main ones. What a Commercial Litigation Lawyer DoA commercial litigation lawyer is a legal expert who represents a company’s interest in a financial dispute. The lawyer’s purpose is to protect the company’s right and obtain the best outcomes at the end of the litigation process. When you contact a commercial lawyer, the first thing this person will do is analyzing your case. You will be required to answer all their questions and provide relevant proof to help them understand how they should proceed. You might be seeking for representation, or you might be acting as a claimant. A commercial lawyer’s primary role is to choose the best legal option that will minimize the financial risks for your business. After establishing your claim’s potential, they can tell you whether it’s best to have a court lawsuit or an out-of-court settlement. Either way, the lawyer’s role implies various responsibilities since they can handle all the legal matters on your behalf, from proof-gathering to the actual filing. Some SimilaritiesCommercial litigation generally progresses the same way that other civil litigation matters do. These typical litigation stages are: retaining an attorney, conducting factual investigations, researching applicable law, sending demand letters, engaging in settlement negotiations, filing suit, conducting discovery, participating in motion practice, trying the case before a judge or jury, filing post-trial motions, and so on. Some DifferencesCommercial litigation is different from most other civil lawsuits by virtue of the involvement of businesses rather than just individuals, and because the issues involved are very specialized and typically more complex, both factually and legally. Many times, commercial litigation is filed in federal court, rather than state court, and can be a class action or multi-district litigation. Additionally, commercial litigation can take many twists and turns and persist for years as compared to other types of civil litigation. Commercial litigation also can be more expensive due to the costs of discovery, particularly e-discovery, and the costs of forensic experts. What Are The TrendsPolitical administrations change, laws change, rules and regulations change, court appointments change, the economy changes, and the business landscape changes. The commercial litigation environment is no exception. Several areas of business litigation are poised for change, or have already changed. Yearly case figures generally show that the volume of litigation and the time required to resolve cases is increasing. For example, the most recent federal court statistics show that civil case filings increased 5% overall for the 2016 fiscal year. Per the same statistics, the median time from filing to disposition for civil cases was 9.2 months, up from 8.8 months in the prior fiscal year. According to one report, commercial litigation trends indicate that companies with “bet-the-company” cases have quadrupled over the past two years. The same report found that businesses are seeking a faster and more efficient resolution of cases via settlement, and that company spending on employment, intellectual property, and class action litigation is increasing due to the greater risks involved in those types of cases. Cyber-security and Data Breach LitigationIncreased cyber-security and data privacy litigation is expected due to the escalating frequency, scale and sophistication of cyber-attacks and the resulting data breaches. According to one study, the average total cost of a data breach globally is $3.62 million, and the average global cost per lost or stolen record is $141. These costs incorporate legal expenditures, including litigation costs. In cyber-security and data privacy litigation, the key threshold issue is whether consumers have standing to seek relief for data breaches and improper disclosure of personal information. Also, states continue to expand and pass laws protecting consumer data. These state laws provide consumers with additional avenues for relief for data security breaches and are leading to increased lawsuits. Employment LitigationEmployment disputes are increasing and they are expensive, lengthy and injurious to an employer’s reputation. This trend of increased litigation arising out of the workplace is expected to continue. According to one study, the average employment claim takes 275 days to resolve and the average cost to defend and settle is $125,000. And, per the same study, for those employment claims that are not settled, the median judgment is approximately $200,000, which is in addition to the cost of a defense. However, the study found that about 25% of employment cases result in a judgment of $500,000.00 or more. According to the same employment litigation study, U.S. companies have an 11% chance of having a claim filed against them by an employee. But, per the study, some states have even higher chances of employee litigation. Securities Class ActionsCase records show that there was a significant uptick in securities class actions. According to one study, in 2016, plaintiffs filed 270 federal securities cases, which was a 44% increase over the prior year. The same study reported that a record 3.9% of U.S. exchange-listed companies were subject to class action filings in 2016, which was above the historic average of 2.8%. A midyear assessment found that for the first six months of 2017, plaintiffs filed a record 226 new federal class action securities cases. This was 135% above the 1997-2016 historical semiannual average of 96 filings and the highest filing rate since the Securities Clearinghouse began tracking such data. This same assessment reported that 4.7% of U.S. exchange-listed companies were sued in federal securities class actions in the first half of 2017, which was an increase over the percentage of companies sued in 2016. This is an unprecedented spike in securities litigation activity. Often when people think of litigation, they think of lawyers taking claims to court or defending claims brought against their clients. However, due to the cost and damage to business relationships that occur during court battles, dispute resolution is often used. Most top law firms have specialist litigation and dispute resolution departments, whilst smaller or specialist firms concentrate all their resources on litigation. Often, work as a trainee will begin by preparing documentation or conducting research on relevant laws and case histories or drafting preliminary motions before the court. Eventually though, you will move on to more complex activities as you gain experience. Litigators usually work closely with colleagues from other departments (e.g. banking and finance, corporate, commercial and real estate) and a whole host of other support staff. Litigation is subject to frequent changes and developments over a period of time. What makes a good litigator?A litigator requires good communication and negotiation skills. However, it’s not so much about arguing cases but making a cogent and reasoned case in favor of your client’s interests. You’ll need to have a strong academic background and be flexible and creative when it comes to tackling new challenges. In order to be a good litigator, you will need a keen sense of commercial awareness, good command over legal and technical principles and the ability to present facts, law and strategies in a reasoned and persuasive manner. Business Litigation LawyerWhen you a Utah Commercial Trial Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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How Do Probate Attorneys Get Paid? What Is The Income Cut Off For Chapter 7? Financial Assistance For Accidental Death Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/commercial-litigation-attorneys/ Utah law mandates that a child’s mother and father be treated equally in all child custody matters. While these laws are meant to protect a father’s rights, most individuals still have the impression that the courts tend to offer partiality for the mother’s rights over those of the father. If you are a father seeking child custody, fair child support or to enforce your visitation rights you need an aggressive father’s rights attorney in Salt Lake City and surrounding areas to stand up for your legal rights and ensure you receive a fair and impartial outcome. Protect Your Legal Rights as a Father in UtahFrom custody and child support issues to false abuse accusations and protecting your assets, an attorney will stand by you to ensure your legal rights, as a father, are upheld. They will ensure your interests and the best interest of your children are fairly represented. They will also work to initiate joint custodial parenting plans for shared custody or prepare your best strategy to win full custody of your children. • Negotiating Shared Child Custody: Joint or shared legal custody gives both parents the right and responsibility to make important decisions in their children’s lives like religion, health care, education, sports or extracurricular participation, child care, and travel. Shared or joint physical custody means the children spend an equal amount of time living between both parents. • Win Custody of Your Children: For a father in the state of Utah, seeking full custody can be difficult, especially if the mother is also seeking full custody. You will need a father’s rights attorney to advocate for your ability to care for your children full time and be prepared to explain why the children’s mother will not serve their best interests in the same capacity. Although some people may assume that all competent lawyers have the knowledge and the expertise to provide proper legal advice for any number of issues that just isn’t the case. There are many fields of law and areas of specialization, which means different kinds of attorneys have specialized skills in certain legal proceedings that can significantly help you achieve the best possible outcomes. At any point in your life, you may find yourself in need of a lawyer; don’t wait for an unexpected situation to knock on your door. Immigration Lawyers: Helping people become Utah citizens or get a Green Card is only part of what immigration lawyers do. Listed below are some of the numerous services immigration lawyers provide: Divorce LawyersAs stated, approximately 50% of all American marriages end in divorce. It is an unfortunate statistic, however if this should happen to you, you’ll need to take the proper measures and seek the advice of a qualified divorce attorney. Divorce lawyers represent clients who are dissolving their marriages. These professionals are willing to perform a wide range of tasks. Divorce attorneys can help you explore the most suitable options for your particular case concerning complex matters such as child custody and visitation. The main goal of a divorce lawyer is to arrive at a favorable conclusion for both parties whenever possible. Health Care LawyersHealth care providers have the daunting task of having to navigate a complex system of laws and regulations, both on the state and federal level. In order to keep up with these ever changing laws, many providers hire experienced health care attorneys. These attorneys deal with the regulations and practices of health care institutions. Health care lawyers interpret highly complex health care regulations and statutes commonly known as health care law. Temporary Separation Orders in Salt Lake City, UtahUnder Utah law, a couple may seek a temporary separation order from a state judge. This order can establish certain financial and legal terms of a separation, including alimony, division of property, child custody, and child support. The order is “temporary” in that it automatically expires after one year unless the couple reconciles before then or one spouse files for divorce. If there is a divorce filing, the court may extend the temporary separation order until the case is resolved. It should be noted that there is no legal requirement in Utah for couples to separate before seeking a divorce. A temporary separation order is simply an option that a couple may choose, but there is no legal barrier for one spouse to immediately file for divorce or dissolution of the marriage. Further, a legal separation has to be agreed upon by both parties and is not something you can litigate in court. Many couples choose to sign a prenuptial agreement—that is, a contract in anticipation of marriage. Among other things, a prenuptial agreement typically specifies how a couple will divide their property in the event of separation or divorce. As a general rule, such agreements are enforceable in Salt Lake City Utah. However, Utah law also states that a premarital agreement may not affect “the right of a child to support, health and medical provider expenses, medical insurance, and child care coverage.” In other words, you cannot use a premarital agreement to limit child support or settle any questions related to child custody. These matters must be handled through a divorce or a temporary separation order. Another option for couples looking to end a marriage without going through a divorce is an annulment. Unlike a divorce, which dissolves an existing legal marriage, an annulment is a judicial decree that states the marriage was never legal to begin with. In most cases, a divorce is easier to obtain than an annulment, but there are certain circumstances where the latter may be preferable. Salt Lake City Utah, provides for annulment in cases where “the marriage is prohibited or void” by law. The most common examples of a prohibited or void marriage include: Important Factors In Choosing Divorce Attorneys Salt Lake CityEnding a marriage is the last thing a couple think of when they are saying their vows on the wedding day. Unfortunately after some time into the marriage, the couple would find it unbearable continue staying married. The reasons for ending this kind of relationship range from cruelty, infidelity and in some cases insanity on the part of either of the couple. Regardless of whether the decision to end the marriage is arrived at mutually between the couples, the whole process would still be very heart breaking. Marriage counselors usually advice partners to do their level best to try and save the marriage. However, if all the efforts to save it are not working, ending the marriage would be the only alternative. This is a legal process that will call for the services of a legal expert. Finding the right lawyer to handle this type of case may be a big problem considering the stress you may be undergoing. It would be wise to seek recommendations from friends who have gone through the same process or know people who have. They will be able to identify for you reputable solicitors specialized in handling these types of cases. In the event that you would want to keep the whole affair secret, you should seek this kind of information from the internet. It will be quite advantageous to meet up with several legal experts in the process of trying to find an ideal barrister. This is one of the ways you will use to know which barrister has offices close to you so that the subsequent meetings would be very cheap in terms of travel cost. While visiting the offices of these experts, you will be able to determine genuine ones since fake ones would probably meet you in hotels rather than their offices. Before you sign a contract with a given legal expert, you should ensure that he is the right man for the job. You need to get someone who knows his way round such cases. It is therefore important to go for someone who has been doing this kind of job for a long period of time. Getting an experienced barrister is a step towards success in your case. When selecting this type of attorney, you need to be considerate of your personal comfort with him or her. You need to choose someone you feel at home with. It will be easier to open up to such a person thus proving the necessary information needed to win the case. Before you sign a contract with any legal expert, you should be certain that he is genuine. He should show you his license permitting him to operate in your area. Confirm the details of the license with various authorities to confirm its validity. Hire a lawyer with a sound work history. Ensure that the person has won most of the cases he has handled. If possible the barrister should give you references. Choose a barrister whose fee is reasonable. Some lawyers are way too expensive. In hiring divorce attorneys Salt Lake City residents must do cost comparisons in order to find the most affordable expert. Child Support Lawyer in Salt Lake City, UtahIf you are facing child support issues in Utah from a divorce or as a single parent, choose an aggressive and skilled child support lawyer in Salt Lake City and surrounding areas to ensure that your children are awarded the financial support they deserve. Child support in Utah is established as a part of a divorce, temporary separation, or a support order issued by the Utah Office of Recovery Services (ORS) when parentage is proven. Parents of minor children have a legal obligation to provide financial support for their children until age 18 or upon completion of high school, with the exception of emancipated minors. An emancipated minor is an individual who is legally recognized as an independent adult. Here are a few other child support-related factors that will be considered by the courts to determine financial support for your children: Need to Modify Child Support Orders In SLC UT?Either parent has the right to ask the court to increase or decrease the amount of child support if there has been a significant change in circumstances since the time the order for child support was entered. Modifications for child support can only be requested after three years of the original child support order and will always follow the court’s obligation to make decisions and changes that are in the best interest of the child. Here are a few reasons to ask the court for child support modification: Choosing a Divorce Attorney in Salt Lake CityA divorce in plain terms results in a split of the couple, their property, and custody of the children. It can come after years of trying to resolve differences or a sudden conflict that cannot be untangled. Once you know divorce is inevitable, choosing a good divorce lawyer becomes the next important step. Most people would correctly assume that a good divorce lawyer has experience, has a long list of satisfied clients, knows all the ins and outs of the law, and can negotiate effectively on your behalf. But what many individuals do not consider, is how the behavior of your divorce attorney can greatly impact the outcome of your divorce. For example, an attorney that is too aggressive and lacks credibility among his/her colleagues will end up costing both sides more money, and achieve no better result for his/her own client. We have seen couples spend thousands of dollars negotiating over household goods worth only a few hundred dollars. This hard-line negotiating approach by the attorney often gives the client a false sense of confidence. The truth is, a good attorney should be able to give you an idea about how the property will be divided by the judge based on the facts you give him/her. The attorney can then negotiate on your behalf in order to reach the same result before you incur the expense of court. A good attorney should have a comprehensive knowledge of the local court and judge, such that he/she can help you understand how a judge is likely to divide your property. A divorce attorney in Salt Lake City who is known for being disagreeable will usually end up costing you more money and getting you less property. Why? Because the legal world is in fact, a small world. Once an attorney is known for being unreasonable, other attorneys are unwilling to negotiate, work together, and try and reach an agreement. Judges will often use their discretionary powers to the disadvantage of that attorney because they have no respect for him/her. Rather than finding a reasonable settlement, the parties will need to go to mediation. This results in additional fees including attorney’s fees and mediation fees. It will also delay the divorce. At mediation, the mediator will probably encourage that attorney and spouse to be more reasonable. The last step is to go to court. Court is by far the most expensive step in the process. Both sides will prepare tirelessly to present their cases to the judge. There will be court costs and fees. It will delay the process until the court’s schedule opens up. Not every case is simple enough to anticipate an outcome. But a good divorce attorney in Salt Lake City should be able to give you general expectations about your case. Choose an attorney who is respected and credible among his/her colleagues. Choose an attorney that will fight hard to get you everything you deserve, but also know how to respect judges and other attorneys. Not every case should settle before mediation. Salt Lake City LawyersWhen you need Salt Lake City Utah Attorneys, Please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Best Yalcrest Salt Lake City UT DUI How Do Probate Attorneys Get Paid Private Party Transfers And Gun Show Purchases What Is The Income Cut Off For Chapter 7 Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/attorneys-in-salt-lake-city/ Individuals and in some cases businesses, with few or no assets typically file Chapter 7 bankruptcy. It allows them to dispose of their unsecured debts, such as credit card balances and medical bills. Those with non-exempt assets, such as family heirlooms (collections with high valuations, such as coin or stamp collections); second homes; and cash, stocks, or bonds must liquidate the property to repay some or all of their unsecured debts. A person filing Chapter 7 bankruptcy is basically selling off their assets to clear their debt. People who have no valuable assets and only exempt property such as household goods, clothing, tools for their trades, and a personal vehicle worth up to a certain value may end up repaying no part of their unsecured debt. Understanding Chapter 7In Chapter 7 bankruptcy the absolute priority rule stipulates the order in which debts are to be paid. Under this rule unsecured debt is separated into classes or categories, with each class receiving priority for payment. Secured debt is debt backed or secured by collateral to reduce the risk associated with lending, such as a mortgage. Unsecured priority debts are paid first. Examples of unsecured priority debts are tax debts, child support, and personal injury claims against the debtor. Secured debts are paid next. Last is the payment of non-priority, unsecured debt with funds remaining from the liquidation of assets. If there are not sufficient funds to pay the non-priority unsecured debt, then the debts are paid on a pro-rata basis. Advantages of Chapter 7 BankruptcyChapter 7 bankruptcy is an efficient way to get out of debt quickly, and most people would prefer to file this chapter, if possible. Here’s how it works: Chapter 7 vs. Chapter 13 BankruptcyChapter 7 bankruptcies known as the liquidation chapter, allows qualifying individuals to eliminate their unsecured debt. This form of bankruptcy will require that your non-exempt assets be sold to pay back your creditors. Chapter 7 can allow for total elimination of your debt, but not everyone will be eligible to seek a Chapter 7 action, and those with significant assets may not wish to. Chapter 13 bankruptcy, on the other hand, is known as the reorganization chapter. This form of bankruptcy allows those with assets or individuals who do not meet the income limits in Chapter 7 to still pursue bankruptcy. It will involve repayment of your debts over time. In many cases, Chapter 7 bankruptcy is a better fit than Chapter 13 bankruptcy. For instance, Chapter 7 is quicker, many filers can keep all or most of their property, and filers don’t pay creditors through a three to five year Chapter 13 repayment plan. But not everyone qualifies to file for Chapter 7 bankruptcy and in some cases; Chapter 7 doesn’t provide the help the filer needs. Who Should File for Chapter 7 Bankruptcy?Chapter 7 works very well for many people, especially those who: Chapter 7 Income Limits in UtahTo file for a Chapter 7 bankruptcy in Utah, you must meet the means test. The means test will first compare your income to that of the median household income for a family of your size in Utah. Currently, the median income for single adults in Utah is $48,596. This figure will vary by year. If you make under the median income, then you pass the means test. If you make over the median income, you could still qualify, but it becomes necessary to examine your disposable income. Bankruptcy courts will allow you to deduct reasonable expenses to arrive at your actual disposable income. Allowable expenses could include living costs, household supplies, apparel, health care, and the like. The amount of disposable income you have left once these allowable expenses are deducted will determine whether you can pursue a Chapter 7 case. Your bankruptcy lawyer will assist you in reviewing your income, expenses, and more to uncover what the best avenue for you might be when considering filing for bankruptcy. If you are struggling with oppressive debt, it may be time to consider filing for bankruptcy. Bankruptcy can offer a means for those burdened by debt to erase their debt or reorganize it so that they can start living and enjoying life again. Those considering filing for bankruptcy will first need to consider which type of bankruptcy they qualify for and what will best suit their needs. For individuals, Chapter 7 and Chapter 13 are the main choices. What Is The Means Test?In 2005, congress made some revisions to existing bankruptcy laws. Among these changes was the addition of the Means Test or, as it is more formally known, Bankruptcy Form 122A or 122C, depending on whether you are filing Chapter 7 or 13. This document has to be completed and filed with the court to determine whether or not you make too much for a Chapter 7 bankruptcy. You must disclose all income (except for Social Security and VA Disability Income), including wages, investment income that you regularly receive (like from a rental property that you own), child support and alimony, and retirement from the last six months. You will then take this 6-month total and double it to come up with a new total your annual income. If your annual income exceeds the median income for a family of the same size in the State of Utah, then you are presumably ineligible for chapter 7 (but not always there is some tricky math that comes into play here; talk to a bankruptcy attorney if you are over median but have your heart set on a chapter 7). If your means test shows that you don’t qualify for Chapter 7, that doesn’t mean that you can’t file bankruptcy at all. Chapter 13 is still a great option even better, in many cases! Passing the Means TestIn order to pass the means test, you must have little or no disposable income. To determine whether you qualify for Chapter 7 bankruptcy, the means test compares your average monthly income for the six-month period preceding your bankruptcy against the median income of a similar household in your state. If your income is below the median, you automatically qualify. Your Options If Your Income Is Above the MedianBut what happens if your income is above your state’s median? Many debtors think that such a scenario represents the endgame for them, that there is no way they can file a Chapter 7 bankruptcy with their income being so high. This is not necessarily true. If your income is above median, you must complete the entire means test form instead of qualifying simply based on your income. The means test is essentially a balancing stage where your expenses are weighed against your income. But keep in mind that you can only use your actual expenses for certain items. For many expenses, the means test only allows you to deduct the national or local standard living allowance. If deducting all allowable expenses from your income results in little or no disposable income, you can file for Chapter 7 bankruptcy. If your expenses are less than your net income, you probably cannot file a Chapter 7. While this may seem simple enough to determine, bear in mind that the value of a given expense depends on a number of complicated formulas. For this reason, it is very important to speak with an experienced bankruptcy attorney before taking any course of action. How to Qualify for Chapter 7 BankruptcyIf you’re struggling with debt, you may consider filing Chapter 7 bankruptcy to wipe the slate clean and start over with no outstanding debts. A Chapter 7 bankruptcy is a type of bankruptcy in which certain property is sold and used to repay all or some of your debts. If you don’t have property that can be resold, many of your debts will be discharged, or cancelled, at the end of the bankruptcy case. Not everyone is eligible to file Chapter 7 bankruptcy, particularly people with high incomes who could afford to repay their debts through Chapter 13 bankruptcy. Here is a list of criteria that qualifies you for Chapter 7 bankruptcy. The bankruptcy means test compares your monthly income of the state’s median family income for a family of your size. If your monthly income exceeds the state’s median income, you may not be able to file Chapter 7 bankruptcy. The means test is required if more than half your debt comes from consumer purchases rather than business, tax, or tort debts. Tort debts are debts for injuries or damages you caused to someone else. If your income does not meet the means test, it could indicate that you have enough money left after paying bills to repay some of your debts. The bankruptcy law prevents people from repeatedly running up debts and having them discharged in bankruptcy court. You aren’t legally able to file Chapter 7 bankruptcy if you had a previous Chapter 7 bankruptcy discharge within the past 8 years or a Chapter 13 bankruptcy discharge within the past 6 years. The filing period starts from the date your previous bankruptcy was filed rather than when the bankruptcy was discharged. The cut-off income for filing Chapter 7 is the median amount a family your size makes in your state. This number will change from time to time, but as of June 2020, Utah’s median income for a single person was $64,806. For a two-person family, it was $69,006, and for a family of three it went up to $82,638. If the amount you brought in over the past 6 months is too high for you to be eligible for Chapter 7 bankruptcy in Utah, don’t worry you can still file Chapter 13. In some cases, you may still be eligible for Chapter 7, but that will have to be assessed with your lawyer on a case-by-case basis. Honestly, Chapter 13 can be a much more desirable option anyway, and even if you do qualify for Chapter 7 you may choose to go this route. This is because you risk losing crucial assets such as your home and vehicle with a Chapter 7, but with a Chapter 13 you get to keep pretty much everything you currently have with no risk of seizure. Thanks to the 2005 bankruptcy law changes, the debt you actually have to pay is just a fraction of the amount you currently owe. What this means is that, through the consolidation program put forth by Chapter 13 bankruptcy, you will pay less both on a monthly basis and in the long run. And remember, no matter the monthly payment you set up, it is always going to be less than having your wages garnished. Chapter 7 Bankruptcy LawyerWhen you need to file for bankruptcy in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Why Moving Out Is The Biggest Mistake In A Divorce Foreclosure Lawyer South Salt Lake Utah Best Yalecrest Salt Lake City UT DUI How Do Probate Attorneys Get Paid? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-is-the-income-cut-off-for-chapter-7/ You can hire an attorney to handle the whole probate case or just help you do it. Either way, keep in mind that as executor, you don’t pay the probate attorney’s fee from your own pocket. You can use estate assets to pay the bill, before inheritors get anything.
Many probate attorney’s bill clients by the hour. The hourly rate will depend on how much experience and training the attorney has, where you live, and whether the lawyer practices in a big law firm or a small one. Small town rates may be as low as $150/hour; in a city, a rate of less than $200/hour would be unusual. Big firms generally charge higher rates than sole practitioners or small firms, unless a small firm is made up solely of hot-shot specialists. An attorney who does nothing but estate planning and probate will likely charge a higher hourly rate than a general practitioner. The advantage to you is that a specialist should be more efficient. Someone who has steered many probates through the local court has probably learned all the local rules and how to prepare and file documents the way the court likes them. If your attorney employs less experienced lawyers (associates) and legal assistants (paralegals), their time should be billed at a lower hourly rate. This is very common in firms that do probate work; legal assistants often draw up the routine paperwork. Many attorneys bill in minimum increments of six minutes (one-tenth of an hour). So, if your attorney (or a legal assistant) spends two minutes on a phone call on behalf of the estate, you’ll be billed for six minutes.
Bond Fees Why Should You Hire a Probate Lawyer?The probate process is a complex one that is overseen by a specialized court that focuses almost entirely on probate cases. It also can include very significant tax issues that can arise even in relatively modest probate cases. If your loved one dies with any significant assets, you need to hire a probate attorney to make sure everything is handled correctly. In any case involving a trust, substantial assets, a surviving spouse who is not a US citizen, or questions about the validity of a will, it is essential to have a knowledgeable probate attorney. Probate attorneys are familiar with the intricacies of state laws. They can smoothly move a will through probate, solving any problems that could come up. Probate attorneys are also knowledgeable about estate tax laws and ensure that required taxes are paid and that the executor or administrator does not become personally liable for those obligations and that the estate does not overpay. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post How Do Probate Attorneys Get Paid? first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Why Moving Out Is The Biggest Mistake In A Divorce Best Yalecrest Salt Lake City UT DUI Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-do-probate-attorneys-get-paid/ Anyone who is operating a motorized vehicle or a vehicle with any type of drive train can get a DUI-type offense. This includes the use of motorized watercraft, lawnmowers, mopeds, and even non-motorized bicycles. Individuals using skateboards, rollerblades, etc., would not be charged with a DUI offense if they are stopped while they are intoxicated on these conveyances, but could be charged with some other offense, such as public intoxication, depending on the jurisdiction where the offense occurs. There are several general issues to be aware of when an individual is charged with a DUI offense. All of these issues will vary from state to state, jurisdiction to jurisdiction, etc. In order to learn the exact details regarding DUI type offenses in one’s state, consult with a licensed attorney. All of these offenses indicate that the individual has been apprehended by a police officer while operating a vehicle under the influence of drugs or alcohol. The officer only needs to have an inclination that an individual might be intoxicated from their behavior, mild inconsistencies in their driving, their posture while they are driving, or for any number of other reasons that the officer can choose to make an initial stop. Once the officer stops the individual, they can administer tests to confirm if the individual is legally intoxicated. DUI type offenses may or might not be felonies. In most jurisdictions, an individual who is getting a first-time DUI will most likely be charged with a misdemeanor. However, an individual who severely injures or kills someone while under the influence of alcohol or other drugs will be charged with a felony. Some states now also charge individuals with felonies even for first-time offenses if they have a very high BAC; the level can vary from state to state, but as an overall standard, a BAC of 0.15 or higher is a red flag to most legal authorities. If an individual is arrested for a DUI-type offense while their driving privileges have been suspended or restricted, they may be charged with higher-level offenses. The trend in numerous states is also to charge individuals with multiple DUI offenses with felony convictions after they have been arrested many times for DUIs or similar offenses (most often, three times or more). Thus, in many states, after an individual has two (or three) DUI convictions on their record, any subsequent arrests for DUIs are felony convictions. Things That Happen If You Get a DUI ChargeIf you are arrested for drunken driving in any state in the U.S., there are several things that are going to happen that will cost you money. If you are convicted of driving under the influence and you want to get your driving privileges back, things are going to get very expensive. Court appearances, fines, and fees are just the beginning for convicted drunk drivers. There is also the expense of going to DUI school, getting evaluated for a drinking problem, getting treatment if you have a problem, paying higher insurance premiums and having an interlock device installed on your vehicle, in many states. The following sections outline in detail some of the things that will happen if you get a DUI. None of them are fun, and most are expensive. Arrested and BookedIf you are arrested on suspicion of drunk driving, the first thing that will happen is you will be placed into a police vehicle and taken to the nearest police station or jail. There your photograph (mug shot) will be taken and you will be fingerprinted. In some states, you can be released immediately if someone comes to the jail and pays your bail and drives you home. Several states have laws requiring minimum jail time of at least several days for a first offense. Appear in Court For A DUIAt the time of your arrest, you will be given a ticket or a summons that tells you the date that you have to appear in court to face driving under the influence charges. For some drivers, it is a humiliating experience to have to appear in public to answer charges of being drunk. In today’s courts, if you deny the charges, plead not guilty and try to fight the case, chances are you and everyone else in the courtroom, are going to see a video of yourself failing the field sobriety test taken from the officer’s dashboard camera or taken at the jail where you were processed. You’ll Lose Your Driver’s License For A DUIIn all states, even for a first-time conviction, your sentence will include the loss of driving privileges for a period of time. Even in states that offer a hardship license that allows you to drive to work or school during the time your license is revoked or suspended, your driving privileges are drastically curtailed. In some states, if you refused to take the field sobriety test or submit to a breathalyzer or blood test, your driver’s license is suspended immediately, even before you go to court. You’ll Pay a Fine For a DUIIf you are convicted of driving while intoxicated, part of your sentence will definitely include paying a fine. All states have laws setting minimum and maximum fines for drunk driving, but those penalties can be enhanced by other circumstances. For example, if the property was damaged, someone was injured or a child was endangered as a result of your driving while drunk, the fines can be increased. In most states, you will also have to pay the court costs associated with your case. You’ll Likely Go to Jail For a DUIIn a growing number of states, jail terms have become mandatory even for first-time drunk driving offenders. Typically, first-offender jail terms are only one or two days that can be served on a weekend, but it is still jail time. For repeat offenders, jail is mandatory in most states and the terms are longer than a couple of days. And again, if there are aggravating circumstances connected with your DUI case, the penalties can be increased. You’ll Need To Complete the Terms of ProbationEven if you are not sentenced to any jail time for your DUI conviction, you will probably be given a probation sentence, the terms of which are determined by the sentencing judge. If you fail to meet the terms of probation, you can be sent to jail, even if you are a high-profile Hollywood celebrity. Regardless of the terms, the probation sentence itself is another expense you will have to pay. Typically, this is a monthly fee you must pay for the cost of administering and supervising your probated sentence. Undergo Alcohol EvaluationAs part of the court-ordered alcohol education and assessment program mentioned above, a trained counselor will also evaluate your pattern of alcohol consumption to determine if you have an alcohol abuse disorder. Typically, the evaluator will ask you a series of questions about how alcohol affects your life. If the evaluation finds that you’re drinking rises to the level of alcohol abuse or dependence, you may also have to undergo a court-approved alcohol treatment program before you can get your driving privileges back.
Yalecrest Utah DUI LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Best Yalecrest Salt Lake City UT DUI first appeared on Michael Anderson.
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Waht Is The First Step In Leaving Your Husband? Strategic Bankruptcy In Foreclosure Pollution And A Safe Environment Why Moving Out Is The Biggest Mistake In A Divorce Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/best-yalecrest-salt-lake-city-ut-dui/ One of the most damaging errors a man can make during his divorce is to voluntarily move out of the marital home. However, every day men facing divorce move out of their home, and every day men going through divorce quickly learn why it can be such a blunder. Once you vacate the marital home, it can be exceedingly difficult to get back in. One of the most common reasons men move out of the home is they feel it is their obligation to be the one to leave even if the divorce wasn’t their idea. The top reason not to leave the marital home “voluntarily” is that it gives your wife’s attorney the opportunity to label you as abandoning the family. Even if you feel you are being bullied into leaving by your wife, you have no obligation to leave the home if your name is on the lease or mortgage. Your wife may try to pressure you with various claims, such as, “It would be best for the kids not to see us fight” or even threaten to call the police. She may also try to bribe you with empty promises of all the parenting time you could possibly desire. However, there is no way to ensure she follows through with these assurances after she has achieved her goal of getting you to leave the house of your own will. Even if she goes to the length of filing for a protective order, having the court remove you from the home allow far more room to argue that despite all your efforts toward maintaining the family routine, you were forced to leave. By leaving the home voluntarily, you show the court that staying close to your kids for daily interactions is not that big of a deal to you. Even if you were the greatest dad in the world, it sends a contradictory message when you pack your own bags and leave. Presenting the court confirmation of your positive involvement and influence in your children’s lives is the best way to receive a reasonable custody decision. Freely moving out and only seeing your children occasionally do not foster credibility that keeping close to your children is your top priority. Moving out of the marital home establishes a new status quo that could potentially be transitioned into temporary court orders while the divorce is pending, and then end up in the final decree if the current arrangement appears to be working in the eyes of the court. You could be stuck paying far more in child support, but worst of all, receive far less time with your children than you truly deserve all because you foolishly left the marital home. How Moving Out Impacts Childless CouplesWhile moving out is tremendously detrimental when you have children, it can also negatively impact childless marriages as well. If you are the primary earner for the household and you decide to find your own apartment while the divorce is pending, there is a chance you could be required by the court to continue paying for your wife’s living expenses as well. Some states can authorize a “status quo order,” meaning if you had previously paid for the mortgage, bills, groceries, car payments, etc., during the marriage, then you will be obligated to continue while the divorce is proceeding. Not to mention if your spouse has a lower paying job, you may also be required to pay her temporary spousal support so she can afford the lifestyle to which she is accustomed. Not only can this be financially crippling while you are going through a divorce, but it sets up a standard the courts can use when it comes to the decree. If you could afford to support your wife like you had for the months or even years it took for the divorce to be finalized, there is no reason for the court to believe you cannot continue to do so after the divorce is over. Additionally, when you leave on short notice, most men do not think to grab copies of all their important financial records. With it being so difficult to get back into the home after you have voluntarily left, it can be nearly impossible to retrieve those documents and you never know what vital files may “disappear.” Even though most can be recovered through the process of discovery, it will drastically increase your attorney fees if your lawyer must spend the time hunting down documents that could have been readily available. The gut reaction for many people who are going through divorce is to leave the home they share with their soon-to-be ex immediately. While the temptation is obviously great and no matter how easy it is to justify convincing yourself that moving out will definitely cut down on conflict and should certainly make the divorce easier be sure to stop, think of the ramifications and consult your attorney before you make such a major decision. In certain situations, leaving the home can severely hurt your case. There are several important factors to consider before you pack up and move out, on both the financial side and dealing with custody if you have children. For most marriages, the marital home is the largest asset. As long as the home was purchased while the couple was married, it is generally considered part of the marital estate and the value should be split. This may make it feel safe to leave, since so long as your name is also on the deed and mortgage, you don’t risk losing out on your share of the value in the home. However, moving out prematurely can lead to other financial complications. If the primary earner (or whoever pays most of the utilities, mortgage and bills) for a household is the one moving out early, some states can institute a “status quo order.” This requires the party to continue paying the marital bills as they did before the divorce, which could lead the person to pay two sets of bills on the same income as they did for one. On top of legal fees, this can be a devastating financial blow that is completely avoidable if you just find a way to continue living in the marital home while the divorce is under way. Additionally, problems are compounded significantly when children get involved. When you are living in the same home, you have daily interactions with you children, but when you move away, you inherently have less time with the kids. It is imperative that you have an agreed upon, and preferably court ordered, placement schedule established prior to either party moving from the residence. Without an official schedule, you could wind up in a situation where the first person to daycare or school gets the kid which is a horrible position to put your kids. You are stooping down and playing dirty, but it becomes necessary just so you can see your kids. Lacking scheduled and evenly split time with children can also lead to expensive payments and issues gaining fair custody after the divorce. If the parties do not agree on a temporary parenting plan and one party moves out of the house, they risk being denied parenting time, which will end up being a costly battle. Additionally, they can frequently end up stuck with child support payments before the divorce is finalized because they have less overnight time with the kids. Additionally, problems are compounded significantly when children get involved. When you are living in the same home, you have daily interactions with you children, but when you move away, you inherently have less time with the kids. It is imperative that you have an agreed upon, and preferably court ordered, placement schedule established prior to either party moving from the residence. What You Should Expect From a Lawyer
Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Why Moving Out Is The Biggest Mistake In A Divorce first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
What Is The First Step In Leaving Your Husband? Liability For Stolen Firearm Used In A Crime Foreclosure Lawyer Midway Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/why-moving-out-is-the-biggest-mistake-in-a-divorce/ The job of a criminal defense solicitor is to analyze the evidence against a client and advise on the appropriate plea and possible sentence. If a client pleads not guilty, the solicitor will represent the client at trial; testing the prosecution evidence and promoting the client’s case, and ensuring that the client has a fair trial. In cases where the client has pleaded guilty, the job is to direct the court to the appropriate sentence and highlight the good points about their client so that they receive as fair a sentence as possible. What Will A Defense Lawyer Do For You?At the start of a criminal defense case, a criminal defense solicitor will obtain details of the allegations against you, and take your detailed instructions. That may lead to the need to gather evidence to support your case. This will include interviewing your witnesses. The solicitor will also research the statutes, cases, and procedural rules that may be useful when defending your case in court in order to prepare a defense strategy. Building a Defense StrategyWhen building your defense, a criminal defense solicitor will identify the strengths and weaknesses of your case and will inform you of the pros and cons of pleading guilty or not guilty, taking both the law and your individual circumstances into account. Before Your Court TrialYour criminal defense solicitor will then prepare your case in accordance with your defense strategy. They will analyze all the evidence both for and against you before a trial, so that cross examination of the prosecution witnesses can be planned, and a proper running order can be put into place for calling your witnesses. If there are any opportunities for applications to be made to limit the prosecution evidence, or to dismiss a case, your criminal defense solicitor will ensure that these are put into place. Your criminal defense solicitor will also be there to listen to any last-minute worries or concerns that you may have before the trial takes place. If there is any new evidence to be taken into consideration, they will make sure that this is highlighted as quickly as possible. How to Obtain A Defense LawyerIf you’re facing criminal charges and are unable to afford a private defense attorney, you may qualify for a court-appointed lawyer. After all, one of the foundations of our legal system is that every criminal defendant has the right to legal representation. Some private criminal defense attorneys charge hundreds of dollars per hour, while others are more affordable. If you’re unable to pay for your own attorney, you may be eligible for a lawyer who will work at the government’s expense. The opportunity to formally request one usually comes the first time you appear in front of a judge after your arrest, known as your arraignment. When the judge calls your case, the first question will be whether you’re represented by an attorney and, if not, whether you would like one appointed to your case. If you answer that you’d like one, the judge may ask you some financial questions or require you to complete an income-and-asset questionnaire, in order to verify that you truly don’t have the funds to hire your own attorney. It’s important to provide honest answers because false information can lead to a prosecution for perjury. Each state, and sometimes each county, has its own rules for determining how to qualify for court-appointed counsel. The rules often take into account the seriousness of the alleged crime. So, even if you earn a decent wage and could hire a private attorney for a short misdemeanor case, a judge may determine that you’re eligible for a court-appointed lawyer if the charges against you are serious ones that are likely to require a significant number of billable hours by your attorney. If your income is not quite high enough to bear the expense of a private attorney and not quite low enough to qualify for a free government-paid lawyer, the judge may make a determination of “partial indigence.” This means that you’re eligible for a court-appointed lawyer but must reimburse the government for a portion of your costs of representation. Some attorneys will offer free consultations usually by phone or videoconference. You aren’t likely to come away feeling like you’re ready to try your first case, but even if it’s just a 15-minute call, you may at least get enough information to have a better sense of what legal morass you’re in for. You might also be able to get some direction as to who can help you for free or a bargain basement price. Legal aid societies are nonprofit organizations found in almost every corner of the country that provide free legal services to low-income people. They aren’t the best choice. While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help. And even if you have a low income, it doesn’t necessarily mean you’ll receive legal aid. Unfortunately, this isn’t a viable option for everyone. For instance, you can’t go to small claims court if you’re trying to work out your financial affairs after a divorce. But if the stakes are fairly low where someone owes you money or is trying to collect money from you, and it isn’t worth risking lawyer fees, you might consider small claims court. Your home state will dictate how high the stakes are. Identify Your Legal Problem and Use a Former ProsecutorThe first step in the process of finding an attorney is to understand the problem or issue facing you. The law has many different specialties and sub-specialties, and before you can accurately determine the best attorney to represent you, you need to determine what kind of lawyer is best suited to address and resolve your problem. During this initial phase, consult your general corporate lawyer or another trusted business advisor such as your accountant. Select a specialist to help you solve your problem. Lawyers today are as specialized as doctors. You would not ask your internist to perform open heart surgery. Likewise, you should not ask your general corporate lawyer to handle a wage and hour audit or an OSHA inspection. A specialist will know the latest developments and legal nuances applicable to your problem without charging you extra to be on the “cutting edge.” This up-to-the-minute knowledge is essential since it could be the marginal difference in winning or losing your case. Make Sure the Attorney has the Right ExperienceThe appropriate level of experience is one of the most critical criteria in selecting a lawyer. You want a lawyer with a track record of success with your type of problem. Such a record of experience will increase the likelihood that the attorney can help to resolve your problem successfully. Obviously, length of service, number of cases in a particular specialty and geographic area and prior results are important matters to consider in evaluating the attorney’s “experience.” Along with experience comes knowledge of the adversaries and personalities involved in a case cumulative wisdom and perspective to evaluate risks and develop winning strategies related to a particular problem and confidence to steer you through the twists and turns of the legal process. Viewing the law firm’s website will also give you insight into the scope of the firm’s practice. Explore the website of each firm on your “short list” and Google the firm and individual attorneys. Expect the Attorney to be a Good CommunicatorAttorneys are paid to communicate with their adversaries and those sitting in judgment of their cases. Equally important however, is finding an attorney who can effectively communicate with you. You want an attorney who anticipates your questions and keeps you abreast of the developments in your case without you having to call first. The attorney should have the ability to communicate in an organized and understandable manner. The attorney should have a good “bedside manner” and have good judgment as to when in-person communications or e-mail is most appropriate. The attorney should also realize that over-communicating may be unnecessary and not cost-effective. When you are asked to make a decision or to act, the attorney needs to explain succinctly the options available to you, the practical and legal advantages and disadvantages of the different courses of actions and other matters relevant to your decision. Consider the Attorney’s Professionalism“Professionalism” is more than personality. It involves certain objective actions and behaviors that distinguish the best attorneys from those who are merely competent. “Professionalism” is more than personality. It involves certain objective actions and behaviors that distinguish the best attorneys from those who are merely competent. Among other things, you should expect a “professional” attorney to: • Valuing good reputation in the community: Creating and maintaining solid reputation will provide long-term trust and respect for a lawyer in the community. That is why local attorneys will do their best to maintain good reputation in their local court. Otherwise, this is rarely true for non-local attorneys, who may never appear in the court again. Utah Criminal Defense AttorneysWhen you need legal help with criminal defense in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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