For a lot of people, being successful in love is at least as important as being successful at work or with their family. But there’s nothing easy about finding a relationship that works perfectly. That’s why so many unhappy couples settle for a situation that’s not exactly ideal. It’s why they end up staying together even though they have a lot of problems. According to a few studies, there are certain common reasons people stay in their marriage, even when it’s painful. Here they are: • Having A Strong Commitment To Each Other: But not all unhappy couples who stay together do it for external reasons like money or religion. Sometimes the main reason people stick with their stale relationships is that they have a strong commitment to each other. How to DivorceYou’ve decided you’re ready to get divorced, but what do you need to do next? You need to learn how the process works. While divorce is generally an adversarial action, pitting spouse against spouse, the following articles and legal resources are tailored toward helping individuals navigate the process as smoothly as possible. Legal Requirements to DivorceYou first need to consider where to file for divorce. Typically, this is the county and state where one or both of you live. First, determine if you meet the state’s residency requirements. If you or your spouses are in the military, you may file where currently stationed. However, there are rules to protect active duty service members from civil lawsuits. 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 Do Unhappy Couples Stay Married? first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Accident Lawyer Available Today Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/why-do-unhappy-couples-stay-married/
0 Comments
While there is no specific guideline or deadline as to when you have to hire an accident injury attorney, especially after a car accident injury, it is very important to engage the services of an accident injury lawyer shortly after the accident. You do not want to go without counsel during any part of the process and you can usually hire a lawyer on a contingency basis. Chances are strong that there are going to be have to be conversations with your lawyer regarding your medical bills and your property damage. Your accident injury lawyer and accident injury law firm will make sure that the medical bills are paid and that the property damage claim to your vehicle is paid in a timely fashion so you can get your car back on the road. The time to start that process is right after you leave the emergency room or are released by the accident investigation team that arrives to set up the driver information exchange for your accident. If you have a medical malpractice claim, time is of the essence. There are state statutes that require you to put the doctor on notice within a specific period of time. If you believe that you are a victim of medical malpractice, you should engage counsel as soon as you can. Medical malpractice claims take time and also require a lot of work on the lawyer’s behalf. The more time that you give them to work your case, the better off you will be. In some cases, accident injury law firm may also have medical personnel on staff that can evaluate your claim and tell you what type of personal injury claim you have and also interpret the medical records that they receive from your physicians and serve as a buffer between you and the physicians. They will also be able to make sure that you are receiving the best personal care for your injuries and best serve your personal injury case by being thorough and professional. Accident injury lawyers often have investigative staff at their disposal that can help with your personal injury claim. They can help recreate the accident and use the information at trial, or in negotiations with the carrier to get you the best possible settlement or verdict. Private investigators are just as important as the personal injury attorneys as they arm the personal injury lawyer with the information necessary to pursue your claim. Accident Statute of LimitationsA “statute of limitations” is a state law that sets a strict time limit on your right to bring a lawsuit to court. The statute of limitations does not apply to a car insurance claim. Any insurance company, whether your own or the other driver’s, is going to require you to make a claim or at least give the insurer notice of an incident that could trigger a claim “promptly” or “within a reasonable time” after the accident. That usually means a few days at most. In Utah, there are a few different lawsuit filing deadlines that could come into play after a vehicle accident. First, for car accident injuries, Utah gives you four years to ask Utah’s civil court system for a remedy. So, in the context of a car accident, any injury claim filed by a driver, passenger, motorcyclist, bicyclist, electric scooter rider, or pedestrian will be subject to this deadline, and the “clock” starts running on the date of the accident. If anyone was killed as a result of the car accident, Utah sets a two-year statute of limitations deadline for any wrongful death claim that might be brought by the deceased person’s family or representatives. And it’s important to keep in mind that for these kinds of claims, the two-year “clock” starts running on the date of the accident victim’s death (as opposed to the date of the accident itself). Finally, if anyone had their vehicle or other property damaged as a result of a car accident, Utah Code section 78B-2-305 says that any lawsuit over that damage must be filed within three years of the date of the vehicle accident. Whichever of these deadlines applies, if you try to file your car accident lawsuit after the applicable time limit has passed, you can count on the defendant (the person you’re trying to sue) pointing out that discrepancy to the court as part of a motion to dismiss. The court will almost certainly grant the motion (unless some rare exception applies to extend the filing deadline), and that will be the end of your case. That’s why it’s crucial to understand how the statute of applies to your situation. Even if you’re confident that your case will be resolved through the car insurance claim process, you’ll want to leave yourself plenty of time to file a lawsuit in case you need to if for no other reason than that you’ll have more leverage during settlement talks. If you think you might be running up against the filing deadline, you may want to contact an experienced Utah car accident attorney. Steps To Reach Settlement In A Personal Injury CaseA settlement is an agreement between an injured person and an insurance company or person responsible for causing the injury by which the responsible person/insurance company agrees to pay a sum of money and the injured person agrees to accept the offer. A settlement is reached through the process of negotiation. In general, an injured person will make a demand for a sum of money, and in response, the responsible party/insurance company will make an offer to pay a lesser amount of money. Through the process of negotiation with an experienced accident lawyer, the injured party gradually reduces their demand and the responsible party/insurance company gradually increases their offer. A settlement is reached if the responsible party/insurance company agrees to pay a sum of money, which the injured party is willing to accept. When a settlement is accepted the responsible party/insurance company issues a settlement check in exchange for a Release. A Release is basically a contract by which the responsible party/insurance company agrees to pay a certain sum of money to the injured party and the injured party agrees to make no further claim against the responsible party/insurance company. When a settlement is rejected a lawsuit is commenced, or if a lawsuit is already pending when the offer is made, the decision is made to continue the case to a jury trial. At a trial, the jury will determine what amount the responsible party/insurance company must pay to compensate the injured person and the injured person must accept the amount as determined by the jury. An attorney helps with this process by first evaluating the manner in which an individual was injured, in other words, considering who was at fault in causing the injury. An attorney will also work with treating physicians to obtain medical reports accurately documenting the injured party’s condition. An attorney will then also determine what effects an injury will have on an individual, including medical expenses that may be incurred in the future. An evaluation will also be made as to the effect injuries have on an individual’s ability to return to their prior employment or earn other income. An attorney will analyze settlement offers in comparison to what a jury would likely award at trial. This analysis is based on the attorney’s experience with prior settlements and verdicts of similar personal injury cases. Resolution Before TrialThe majority of legal claims arising from accidents or injuries do not reach a civil court trial. Typically, they are resolved earlier in the litigation process through a negotiated settlement among the parties. Sometimes an informal settlement can take place before any lawsuit is even filed. Through settlement, the plaintiff (the person filing the lawsuit) agrees to give up the right to pursue any further legal action in connection with the accident or injury, in exchange for payment of an agreed-upon sum of money from the defendant or an insurance company. In rare cases, instead of paying money, the defendant will agree to perform or stop performing a certain action. If you are thinking about settling a legal claim after an accident or injury, or if you have received a settlement offer from the opposing side, you may want to talk to an attorney. It’s important to get his or her thorough assessment of the case and opinion about the likelihood of settlement. When meeting with your attorney you should consider and discuss the following points: Strength of the Case• Jury verdicts and settlement outcomes in similar cases; Criminal Penalties for Leaving the Scene of an AccidentThe criminal penalties for a hit and run vary from state to state. Many states classify the criminal penalties for a hit and run as either felonies or misdemeanors, depending on the circumstances. Felony hit and run is defined by most states as leaving the scene of an accident where there is any type of injury to a person, whether the injured person is a pedestrian or an occupant of a vehicle. The penalties for felony hit and run can be quite severe. Most states impose fines of between $5,000 and $20,000. And there is very real potential for incarceration as punishment for a felony hit and run. Depending on the nature of the accident and the injuries that resulted, in some states a felony hit and run is punishable by up to 15 years in prison. Remember, a hit and run might be classified as a misdemeanor instead of a felony. While the term “misdemeanor” sounds relatively minor to some people, in most states misdemeanors are punishable by a significant fine of up to $5,000 and also by up to one year in jail. In addition to the criminal penalties for hit and run, almost every state imposes administrative penalties related to your driver’s license. These penalties are often imposed through the individual state’s Department of Motor Vehicles. Any conviction for hit and run regardless of whether it’s for a felony or misdemeanor, typically results in an automatic suspension or revocation of your driver’s license for a period of six months or so. In some states the revocation can be as long as three years. Depending on the state, in which you live, and the nature and circumstances of the car accident in which you were involved, the penalty for hit and run may include a lifetime revocation of your driver’s license. These administrative penalties are in addition to any criminal punishment that might be imposed for hit and run. Utah Accident LawThere’s no denying that building a personal injury claim is a difficult and complex process. One mistake or slip-up can endanger your entire injury case, possibly even leaving you with empty-handed. Insurance providers purposely write their policies to be as complicated and puzzling to read as possible. They do this so they can deny your claim for any reason they can find. The best way to guarantee you get the best settlement for your personal injury claim is to hire a car accident lawyer who fully knows the ins and outs of Utah law and won’t fall for the usual tricks and tactics used by the insurance companies. Documents to Show your Attorney after a Motor Vehicle Accident Accident Lawyer In UtahWhen you need legal help with a car accident 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
The post Accident Lawyer Available Today first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Farmington Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/accident-lawyer-available-today/ An arrest for Driving under the Influence (DUI) or Driving While Intoxicated (DWI) can be scary and stressful, but knowing what to expect from the legal process can help in dealing with a DUI charge. DUI laws are governed by state law, so details may differ depending on where you were charged and also whether you are a minor, but what follows is a general overview of what you need to know if you’re facing DUI charges for a first offense that didn’t involve either bodily injury or death. In an average year, over one million drivers will be arrested for driving under the influence of alcohol or drugs. After a motorist is arrested on suspicion of a DUI, it’s up to the district attorney’s office to file charges against the defendant. The exact nature of criminal charges related to drunk driving depends on a number of factors, including the defendant’s prior convictions, the severity of the offense, the level of intoxication, and whether the offense caused injury or death. DUI Charges and Penalties• Determining Intoxication: DUI laws are aimed at preventing motorists from getting behind the wheel in an impaired state. And law enforcement officers in every state use similar tools to enforce DUI laws and detect impairment—things like DUI checkpoints, field sobriety tests (FSTs), breathalyzers, and blood tests. But when it comes to how impairment is defined, there are commonalities and differences among the states. PenaltiesDepending on the circumstances, a DUI can be either a misdemeanor or felony—meaning the potential penalties will differ significantly based on the facts of the case. Penalties will also differ depending on the state in which the crime is charged. Nevertheless, DUI convictions will typically bring one or more of the following penalties. Obtain Legal Advice from a Local AttorneyEven though DUI charges are fairly common in any jurisdiction, these crimes can be very complicated and involve questions about evidence, procedure, and legal precedent. Because each state has a slightly different DUI law, anyone charged with this crime needs to speak to a local criminal defense attorney. These lawyers will not only be experienced with the relevant laws but will also have experience with area courts, prosecutors, as well as the procedures local police use when investigating DUI crimes. You need to speak to a local defense attorney as soon as you are charged with any DUI crime. If you delay, even a short amount of time, this can seriously affect your case and your ability to defend against the charges. Most people who get arrested for driving under the influence (DUI) would ideally like to avoid being convicted. A DUI conviction generally leads to severe consequences (that might include license suspension, jail time, and fines) and can affect your employment and educational opportunities. However, the probability of getting a DUI charge dropped depends on the specific circumstances of your case. In most cases, a complete dismissal of a DUI charge isn’t going to happen. But there are often ways of eliminating or minimizing some of the consequences of a DUI. Plea Negotiations with the ProsecutionMost DUI cases are resolved through the plea-bargaining process. Plea bargaining typically involves the defendant agreeing to plead guilty to a DUI charge in exchange for less severe penalties than could result otherwise. In some cases, negotiations with the prosecutor could result in dismissal of a DUI charge altogether. But the chances of this happening are generally slim. Sometimes police will arrest a person for a DUI and the prosecutor decides there’s insufficient evidence to pursue charges. But once prosecutors decide there is enough evidence and file a DUI charge, it can be tricky to convince them to change their minds. However, the likelihood of getting a DUI charge dropped is probably better in cases that involve significant mitigating factors. For example, factors like: Ways of Avoiding a Criminal ConvictionFor many people, one of the most troubling issues with a DUI is having a criminal conviction on their record. Some states have programs—typically, for first offenders—that allow DUI offenders to avoid a DUI criminal conviction if they abide by certain conditions. These programs might be referred to as “DUI diversion,” “DUI court,” or some other name. But they generally require the participants to complete some sort of drug and alcohol education or treatment and agree to drug or alcohol testing for a period of time. For participates who successfully complete their program, the court dismissed the DUI charge—meaning, there’s no criminal conviction. Statute of Limitations for DUI ChargesDUI charges often have a specific time limit to try and attempt to convict the individual arrested by police for suspicion of the influence of drugs or alcohol while driving. The timeframe often depends greatly on the state, but it could extend based on special consideration by the judge or the factors of the case such as when the evidence is still in the process of collection. It is important to hire a lawyer to help with DUI charges. These are often simple misdemeanor charges, but some charges may elevate to the felony level depending on the case factors. The lawyer may help mitigate the damage of these charges and extend the time of the case to the point that the charges may exceed the usual statute of limitations. The general time may restrict prosecution to two years from the original date of arrest. However, some states have less or more time to ensure the courts may attempt to convict the person. Some states will only have one year from the date of arrest to file charges in the courts and proceed with the case. These time limits may exceed if the prosecution does not have the sufficient evidence to proceed with the DUI charges. Others may not charge the person until there is enough valid information about the situation and all factors. These limits usually only apply to non-felony DUI charges. If there are any other crimes that occur at the same time or aggravating factors, the charges may rise to the felony level. At this point, the time limit may disappear or extend significantly. Waiting to File ChargesGenerally, the prosecuting lawyer will file the charges with the first court date for DUI matters. However, there are other times when this prosecuting legal professional will need to wait. This may occur from analysis of blood panels, urine samples or when the blood alcohol level is close to but below the 0.08 percent limit. Some prosecutors become busy with backlogged cases and paperwork. Upon the first court date, the defendant will learn if the lawyer filed the charges or if there is an update waiting for a later time. This update may arrive by mail when or if the prosecutor will file charges for the DUI. The DUI Case and the MistakeThere are many defendants that believe the statute of limitations passes because the prosecution failed to take the person to court in the time limit for the state. However, this statute only applies to charges filed not prosecuting the matter. The mistake does not understand that the case may still proceed in the future. The lawyer may not take the person to court for the case in the time limit, but he or she may already file the charges within the one- or two-year restriction. Failure to appear in court when necessary based on updated information could lead to a warrant for arrest or other penalties. The Lack of Statute of LimitationsSome states may not run on a timeframe to pursue a DUI charge against a person. The laws of the state may protect the law enforcement agencies in arrests and help to progress the case through a prosecutor that provides him or her sufficient time to take the person to court. In the states that disregard this concept, the person may face charges filed immediately or wait until multiple years pass before getting an update about the possible court case for the DUI. In some cases, one state may require another to use certain penalties when the convicted person moves. The Possible Consequences of the ConvictionSome simple consequences of the DUI conviction include the temporary loss of a driver’s license through suspension, fines and jail time. Others may increase to ignition interlock systems that require the person to breathe into the machine before driving. If the person behind the wheel does not have a BAC lower than the limit and in some cases much lower than the 0.08 percent, he or she cannot drive until the BAC decreases or a certain amount of time passes. Reasons DUI Criminal Charges May Be Dismissed Before TrialDriving under the influence (DUI) charges can be dismissed before the actual trial begins. Sometimes, the prosecution may dismiss the case on their own because of known defects in their case. Usually, DUI cases are dismissed because of persuasive criminal defense lawyer arguments and motions. Defendants should regularly plead not guilty to DUI charges because often the police failed to follow proper procedure, the district attorney doesn’t have the evidence needed to prove a conviction, or the prosecution knows there’s a reasonable likelihood of acquittal if the case does go to trial. The prosecutor is the main person who drops or dismisses the charge. Judges can authorize dismissals too. The end result for the client is that he/she is free to continue their life without worrying about a criminal record or a court case. Common reasons charges are dismissed in DUI caseEach criminal case is different. DUI cases generally depend on the police following proper procedures and on the results of any chemical tests. DUI LawyerWhen you need legal help with a DUI 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
The post Charge DUI first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
What Is Better A Chapter 7 Or 13? Farmington Utah Divorce Attorney Can A Private Company Do Private Placement? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/charge-dui/ Most nonprofits are 501(c)(3) organizations, which means they are formed for religious, charitable, scientific, literary, or educational purposes and are eligible for federal and state tax exemptions. To create a 501(c)(3) tax-exempt organization, first you need to form a Utah nonprofit corporation. Then you apply for tax-exempt status from the IRS and the state of Utah. Common 501(c)(3) Rules and RegulationsThe government recognizes that charitable and certain other types of organizations provide valuable community services that would be impossible for the government to provide using taxpayer funds. While the government can’t fully support nonprofit organizations, the 501(c)(3) codes of the IRS classify them as tax-exempt. Not having to pay taxes on donations and on the funds they raise stretches their dollars, making it easier for them to continue providing valuable services for the community. There are specific rules and regulations for starting a 501(c)(3), and there are rules for maintaining one. Failure to abide by those rules means losing tax-exempt status. The federal government also lists rules for dissolving charitable organizations. It’s important for organizations that qualify as tax-exempt to know and follow all applicable rules to avoid penalties and other liabilities. Types of 501(c)(3) OrganizationsThe federal tax code lists several different types of organizations that don’t have to pay income taxes. Here are some of the basic categories: The federal government also classifies private foundations as nonprofit organizations. These types of organizations are largely philanthropic in nature. Because they invest some percentage of their fundraising dollars, the federal government has different rules that they must abide by to maintain their status as a nonprofit organization. Organizations that receive more than one-third of their support from gross investment income are considered private foundations. The IRS requires private foundations to submit detailed tax returns. Rules for 501(c)(3) OrganizationsA 501(c)(3) organization typically begins when a group of people share a common goal of starting a nonprofit organization to fill a need within their community. After carefully choosing a name for the organization, the founders get to work writing the articles of incorporation. The articles of incorporation must include the corporation’s name, contact information, purpose, registered agent, founding directors and information about shares of stock, because once they are filed, they become public record. In most states, founders file the form for the articles of incorporation with the Secretary of State’s office. Organizations usually have to designate an “incorporator” who signs and files the articles of incorporation with the proper authorities and pays the appropriate filing fee. There may be separate forms for applying for federal or state tax-exempt status. Bylaws are separate and different from the articles of incorporation. The founding directors write the bylaws, which outline how the nonprofit runs, including the rights and responsibilities of officers and directors. Nonprofit organizations don’t have to file bylaws with the state, but they need to keep them in their files. The next step is usually to appoint a founding board of directors and to hold the first board meeting. After that, the board needs to follow up on obtaining all of the proper licenses and permits, and to open a bank account for the nonprofit’s funds. How To Maintain 501(c)(3) StatusThe government intends for nonprofit entities to remain nonprofit entities, so they set up some rules that tax-exempt organizations must obey in order to keep their tax-exempt status. Not knowing the rules isn’t an excuse for disobeying them. Those who try to blur or cross the line could end up with fines or face other legal consequences. Your Utah Nonprofit Corporation LawyerFirst, you need to form a nonprofit corporation under Utah state law (the Utah Revised Nonprofit Corporation Act (“RNCA”)). • Prepare and file your nonprofit articles of organization: You create your nonprofit entity by filing articles of incorporation with the Utah Department of Commerce, Division of Corporations and Commercial Code. Your articles of incorporation must include basic information such as: 501(c)(3) LawyerWhen you need legal help with a non-profit 501(c)(3) 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
The post 501C3 Non-Profit first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
What Is Better, A Chapter 7 Or 13? Foreclosure Lawyer North Salt Lake Utah Custody Lawyers In Utah County Farmington Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/501c3-non-profit/ When the Utah Territorial Legislature created Davis County in 1852, it placed the county seat at North Cottonwood and renamed it Farmington. The small Mormon farming community gradually adopted its new name and helped build Utah’s first courthouse in 1854-55, a two-story adobe building that for its first dozen years served both government and religious purposes. Centrally located between Salt Lake City and Ogden, and thus at Davis County’s midpoint, Farmington remained an agricultural town for its first half century, and then joined in the effort to develop a commercial base. Eventually, Farmington settled in as a residential community tied economically to the metropolitan areas to the north and south. Known for a time as the City of Roses, Farmington battled flash floods in the 1920s and 1930s and again in 1984, and now prides itself as a city using rocks as a distinguishing architectural element in its major buildings. Two pioneer landmarks built of fieldstone in the 1860s–the Latter-day Saints’ meetinghouse and Franklin D. Richards’s grist mill–and a dozen pioneer rock homes helped establish that image. Farmington began when Mormon herder Hector C. Haight wintered cattle in its grassy lowlands in 1847-48. Five other families soon joined him to found a community at the foot of the Wasatch Mountains nears a stream they named North Cottonwood. On the narrow bench lands overlooking the Great Salt Lake, settlers laid out a formal town to serve the area’s four hundred people, built a log school and several mills, and in 1854-55 partially surrounded the town with a mud wall. After the Utah War, settlers spread out along the road to the north and south and created a “string town” differing in shape from most planned Mormon villages. For most of its first century, Farmington lived up to its name as an agricultural community. Its farmers specialized in raising alfalfa, grain, and livestock, including dairy herds. Millers, blacksmiths, and other craftsmen sustained the rural lifestyle. In the early twentieth century, orchardists grew cherries, peaches, apricots, and apples. Sugar beets processed in Layton became a popular cash crop for a time. Latter-day Saint bishops managed most community affairs during the community’s first forty years, including recreation, irrigation systems, roads and bridges, silk production, and cooperative herds, stores, and tanneries. A rock meetinghouse built in 1862-64 is one of Utah’s oldest still in use. In that building in 1878 Aurelia Spencer Rogers organized the first Primary organization for children of the LDS Church. Transportation routes influenced Farmington at several times in its history. In territorial days, several inns became favorite stopping places for local and long-distance travelers. In 1870 the Utah Central Railroad came through Farmington; a century later Interstate 15 closely paralleled the railroad’s route. Even more influential was the Bamberger interurban; shoppers rode the Bamberger south to Salt Lake and students rode it north to Davis High School in Kaysville. When Simon Bamberger developed Lagoon resort at Farmington in 1896, he created what expanded to become Utah’s largest amusement park and the city’s largest source of tax revenue. The private Oakridge Golf Course brought another recreational facility to the community in the late 1950s. Beginning in the 1880s, the LDS Church-managed economy gave way to private businesses and government employment. Farmers formally incorporated to oversee irrigation. Businessmen launched Davis County Bank, new grocery stores, a drug store, and Miller Floral, famous for its greenhouse roses. Utah State Agricultural College (now Utah State University) established an experimental farm in Farmington. A Victorian brick court house supplanted the original building in 1890, and was expanded and remodeled in 1932 and again in 1958. The county jail, library, fairgrounds, and school district are also established in Farmington. Despite the construction influenced by the county government, Farmington’s downtown business district remained compact. Residents resisted commercial growth there, but in the late 1980s a suburban commercial center blossomed along Highway 89 in the north part of town. It was during the first commercial boom that Farmington was incorporated, on 15 December 1892, with 1,180 residents. City government promoted the construction of better streets, replaced private wells with a culinary water system, encouraged electrification, and eventually installed a city-wide sewer system. With support from civic clubs, Farmington developed a city park in the mid-1950s and added others later. In July 1978 the Farmington Area Pressurized Irrigation District began serving homeowners and the few remaining farmers. By 1990 the city had grown to a population approaching ten thousand, a quadrupling over twenty years, the result of numerous new subdivisions. New residents applauded the small-town, rural atmosphere of Farmington, its tree-lined downtown area–still mostly residential–and its friendly people. By 1992 the city boasted three elementary schools and a junior high. Ten meetinghouses served twenty-five Latter-day Saint congregations, while members of other religious groups traveled to nearby communities for worship. Pinched between the mountains and the lake on a narrow strip of usable land, Farmington faced defined geographical limits to any future growth, perhaps assuring its small-town atmosphere will remain for the foreseeable future. Equitable Distribution vs. Community Property StatesEquitable distribution is a misleading term which seems to imply a perfectly even, 50-50 division right down the middle. However, that’s not what “equitable” actually means. The point of equitable distribution is that each spouse receives a fair and reasonable portion of property. For example, if one spouse has considerably greater income than the other, a half-and-half property split would technically be equal, but it still wouldn’t be fair. Put simply, equitable distribution tries to put each party on a level playing field. Of course, that doesn’t mean a 50-50 split is impossible just that it isn’t guaranteed. Long-term marriages, for example, can result in an even 50-50 property division. In cases involving short-term marriages, the court will attempt to “put the people back into the economic position they had before the marriage,” meaning that each party gets to keep whatever he or she owned when the marriage first started. Judges consider a variety of factors when deciding what sort of property division would be fair and equitable. For example, the judge will weigh: Legal Separation In Farmington, UtahLegal separation, also known as “marital separation,” refers to an agreement that a married couple enters into. It defines how they will manage their affairs and assets while living apart. Although it is not an actual divorce, it is often one of the first steps that a married couple takes when they are deciding whether or not to end their marriage. Similar to a divorce, however, legal separation must be granted by a court order before it can be officially recognized by the state. While a couple may form a contract for legal separation outside of a courtroom, the separation will not be finalized until a judge formally agrees to recognize their agreement. The primary difference between legal separation and a divorce is that legal separation does not terminate the marriage, while divorce does. Also, the parties to a separation are not permitted to remarry because they are still considered to be married in the eyes of the law. c • Prevents Frustration and Stress: The legal process is bureaucratic. Dockets are backlogged. Depending on your county, even with your attorney pushing the case, you may not appear on a final trial calendar for a year or longer from the time you file. And the end result may not be what you had hoped. No trial lawyer can guarantee what the judge or jury is ultimately going to do. We can offer predictions only. Going to court and dealing with the process is stressful and unpleasant. Do I Need a Lawyer to Get a Divorce?If you and your spouse are deciding whether to enter into a separation agreement, you should contact a family law attorney. An experienced family law attorney will be able to provide further information about the pros and cons of becoming legally separated, as well as discuss the different laws that apply to legal separations in your state. Additionally, an attorney can help you to evaluate your best options, as well as plan ahead in the event that the separation turns into a divorce. They can also answer any questions or concerns that you may have regarding legal separations in general or specific ones, such as how to continue receiving insurance coverage through your spouse. Finally, it is important that both you and your spouse retain separate attorneys to draft and review the separation agreement. This will help to ensure that all of its provisions are fair and that the agreement contains the proper terms that best meet your needs. Divorce AttorneysWhen you have a moment, please call Ascent Law LLC for your free consultation (801) 676-5506 with a Farmington Divorce Lawyer. 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 Farmington Utah Divorce Attorney first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Will Banks Release Money Without Probate? Foreclosure Lawyer Heber City Utah What Is Better A Chapter 7 or 13? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/farmington-utah-divorce-attorney/ The truth is everyone’s situation is different and we’d need to analyze your specific circumstances. With that said, 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. 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: Who Should File for Chapter 7 Bankruptcy?Chapter 7 works very well for many people, especially those who: When Chapter 13 Might Meet Your NeedsChapter 7 bankruptcy isn’t the best choice for everyone. Chapter 7 won’t help people whose debts won’t get wiped out, like certain income tax debt, student loans, and domestic support obligations. High-income filers find it hard to qualify. It’s also not a good fit for people who would lose substantial equity in a home or other property if they filed for Chapter 7 bankruptcy, or those facing foreclosure or repossession. For those individuals, Chapter 13 bankruptcy would likely be a better choice. You’re behind on a Mortgage or Car LoanIn Chapter 13 bankruptcy, you can make up the missed payments over time and keep a home or car. You cannot do this in Chapter 7 bankruptcy. You can make up missed payments only in Chapter 13 bankruptcy. (Learn more about making up mortgage arrears and car loan arrears in Chapter 13 bankruptcy.) You Need More Time to Repay Your DebtsWhen you have creditors coming after your wages and property, it can be tough to keep a roof over your head while paying your debt. With the protection of the bankruptcy court, you’ll have a better chance of doing both. The automatic stay stops creditor actions while you repay the debt over the course of a three- to five-year repayment plan. You Have Non-exempt Property You Want to KeepWhen you file for Chapter 7 bankruptcy, you get to keep only exempt property—property protected from creditors under state or federal law. You have to give your non-exempt property to the bankruptcy trustee, who can sell it and distribute the proceeds to your creditors. In Chapter 13 bankruptcy, you don’t have to give up any property. Instead, you repay your debts out of your income. But that doesn’t mean that you get to keep more property than you would have had you filed for Chapter 7 bankruptcy. All filers can protect the same amount of assets. Here’s the difference: Only the Chapter 7 trustee sells non-exempt assets. In Chapter 13 bankruptcy you must pay for the value of the non-exempt assets you keep through your three to five year repayment plan. So, if you have non-exempt property that you can’t bear to part with, Chapter 13 bankruptcy might be the better choice if you can afford to pay for your non-exempt assets in addition to other required payment amounts. If you file for Chapter 7 bankruptcy, your co-debtor will still be on the hook, and your creditor will undoubtedly go after the co-debtor for payment. By contrast, if you file for Chapter 13 bankruptcy, the creditor will leave your co-debtor alone, as long as you keep up with your bankruptcy plan payments. Both Chapter 13 and Chapter 7 are bankruptcies, plain and simple, and both are reported as such on your credit report. A completed Chapter 13 plan will stay on your credit report for seven years, while a Chapter 7 bankruptcy discharge will be on your credit report for 10 years. Chapter 7 is Faster but is It Better?A Chapter 7 discharge is simply much faster to obtain. There are other more subtle reasons that Chapter 7 is “better,” as well. For instance, one may only obtain a discharge of debt in Chapter 7 every eight years the prior law was every six years. New creditors know this about debtors coming out of Chapter 7. They also know that the amount of debt owed is now $0 or at least substantially reduced, and they know debtors are “minimum payment acclimated,” meaning, debtors know how to make minimum payments on outstanding balances. However, Chapter 13 also looks good to some debtors. It’s particularly helpful when dealing with foreclosure, as well as mortgage modifications, car payments, and IRS problems. But the biggest problem with Chapter 13 is just how long it takes, and that all disposable income must go toward your payment plan for that set amount of time. With Chapter 7, you’ll pay less for your debts but you also have to qualify for Chapter 7 in the first place. Bankruptcy AttorneysWhen you need a lawyer for bankruptcy (either chapter 13 or chapter 7), 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
The post What Is Better A Chapter 7 Or 13? first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Will Banks Release Money Without Probate? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-is-better-a-chapter-7-or-13/ The Holy See also employs lawyers when there is a lawsuit in the Utah District Courts. There are also canon lawyers who first attend seminary then go to canon law school. At Ascent Law LLC, we represent churches in court. The biggest school of canon law in the United States is at Catholic University. The largest one in Rome is at Gregorian University. American canon lawyers frequently go on to work as judges or advocates in the ecclesiastical courts run by dioceses around the country. Their Vatican counterparts do the same in official church tribunals. The best of them reach one of the top three ecclesiastical courts of Rome: the Roman Rota, the church’s highest appellate court; the Apostolic Penitentiary, the secret court that deals with private matters that come up during confession; and the Apostolic Signature, the Vatican’s Supreme Court. (The most common cases to reach the Signature involve administrative disputes, like the transfer of priests.) In each court, a panel of judges investigates and rules on religious matters from disputes over excommunication to marriage annulments. Anyone who appears before the court has the right to a canonical attorney. The work of civil lawyers and canon lawyers often overlaps. For example, it’s fairly easy for couples to get divorced under American civil law. Canon law, however, makes it more difficult to get a marriage annulled in the eyes of the church. A Catholic couple may therefore want to consult both civil and canon lawyers. In the child-abuse cases, both the plaintiffs and the Holy See have consulted canon lawyers to help shape their arguments. The plaintiffs in the Kentucky suit, for example, claim that a 1962 Vatican document mandated that bishops not report sex-abuse cases to authorities. Lawyers for the Vatican argue that the document, as interpreted under canon law, says nothing of the sort. Over the past decade, survivors of sexual abuse around the world have stepped forward with allegations that their abusers were Roman Catholic Church clergy. Many have told disturbing stories of abuse that occurred while they were still children. The wave of allegations has spurred a movement toward holding individual clergy, and the church leadership and institutions that enabled them, to account. In jurisdictions across the country, including in Illinois, New York, and California, survivors have sought that accountability through civil legal actions for damages and other relief. Obtaining Accountability for Clergy Abuse through the CourtsThere are many ways to seek accountability for clergy abuse. Survivors play a role in criminal prosecutions of their abusers. They organize fellow survivors. They advocate for change within the church and outside of it. Survivors nationwide have also found accountability through the courts. A civil legal action against individual clergy members and church institutions can give survivors the opportunity to investigate and shine a light on church practices that fostered clergy abuse. In most jurisdictions, survivors of clergy sexual abuse have the right to sue to recover damages and other relief from their abusers and anyone who facilitated the abuse. Every jurisdiction has its own window of time in which survivors can file those claims. In Utah, the time limits vary depending on how old the victim was at the time of the abuse. What a Lawsuit for Clergy Abuse Can AccomplishThe wounds of clergy abuse do not heal easily. Survivors often carry the physical, emotional, financial, and spiritual scars clergy abuse inflicts for their entire lives. A civil lawsuit for money damages cannot take away survivors’ pain, but it can help them find much-needed support. A civil action may also help further goals of preventing further clergy abuse. Many jurisdictions, allow for the recovery of punitive damages in cases of intentional harm. These damages serve to punish and deter sexual misconduct. Courts also award injunctive relief in some cases, which essentially amounts to a court order that directs wrongdoers to take preventive actions so that clergy abuse does not recur. Survivors of clergy abuse have filed suit individually, while others have joined together in group litigation. Whatever the form a lawsuit takes, the types of monetary and other relief they may recover are more or less the same. Of course, a positive outcome is never a guarantee in any lawsuit. However, many recent lawsuits against the church and individual abusers have demonstrated it is possible for survivors to recover substantial amounts of money and to achieve meaningful other forms of relief that help to prevent clergy abuse. When Clergy Abuse Claims Must Be FiledTime limits for filing clergy sexual abuse claims vary from state to state, so please make sure to consult an experienced clergy abuse attorney when considering filing a legal action against individual clergy or the church. Under California law, for example, survivors of clergy sexual abuse that happened when the plaintiff was over 18 must presently file a claim no later than: What a Lawsuit for Clergy Abuse Can AccomplishThe wounds of clergy abuse do not heal easily. Survivors often carry the physical, emotional, financial, and spiritual scars clergy abuse inflicts for their entire lives. A civil lawsuit for money damages cannot take away survivors’ pain, but it can help them find much-needed support. A civil action may also help further goals of preventing further clergy abuse. Many jurisdictions, allow for the recovery of punitive damages in cases of intentional harm. These damages serve to punish and deter sexual misconduct. Courts also award injunctive relief in some cases, which essentially amounts to a court order that directs wrongdoers to take preventive actions so that clergy abuse does not recur. Survivors of clergy abuse have filed suit individually, while others have joined together in group litigation. Whatever the form a lawsuit takes, the types of monetary and other relief they may recover are more or less the same. Of course, a positive outcome is never a guarantee in any lawsuit. However, many recent lawsuits against the church and individual abusers have demonstrated it is possible for survivors to recover substantial amounts of money and to achieve meaningful other forms of relief that help to prevent clergy abuse. The following offenses warrant excommunication as a result of a judgment from a church authority: When Does A Church Need An Attorney?When someone is starting or joining leadership in a religious institution, legal considerations are often towards the bottom of the priority list. However, religious institutions of all faiths need to be aware of areas where they may need advice from a licensed attorney in order to best serve their membership and carry out their faith. Here are some of the most common areas where a church or other religious organization should consult an attorney. Governing DocumentsThe majority of religious organizations operate under the direction of one or more governing documents. It is absolutely vital that these documents be kept up to date and reviewed on a regular basis. An attorney will be able to provide valuable advice and suggestions about what to include in these documents to give the maximum protection to the organization. Real Estate and Land UseIf your religious institution needs to move locations or expand its current location, an attorney will often be necessary. In this case, an attorney can help with reviewing your real estate transaction documents, determining whether your land use is permitted in the proposed location, or securing a variance or special use permit from the municipality if necessary. EmploymentWhen hiring and firing lay employees, religious institutions must consider state and federal employment law. Discussing particular employment situations with an attorney before acting can save an organization thousands of dollars and an immeasurable amount of negative public perception. Further, an attorney can help prevent difficult situations in the first place by providing your organization with a clear and comprehensive employee handbook. LitigationThis is the obvious scenario where an attorney is needed. If a religious institution is presented with a lawsuit, it should immediately seek out an attorney with experience representing religious institutions, as the unique culture and issues in these types of lawsuits often call for a specialist. An attorney specializing in representing religious institutions will be able to better understand issues that are important to the organization, and will be familiar with the special challenges and opportunities presented. Denominational RelationsIn today’s changing culture, many of the traditional denominations in Utah are changing also. It is inevitable that some congregations will feel called away from their past denominational affiliations for one or more reasons. When separation is being considered, it is vital to consult an attorney who is familiar with the process of leaving a denomination. Various legal issues will need to be considered before undertaking a separation and an understanding and knowledgeable counselor will ease the transition for all involved. Organizational DisciplineMany faiths have unique practices for disciplining individual members when necessary. However, there can be potential for some inter-organizational discipline practices to create legal issues. Having an attorney review organizational policy and provide advice on a particular issue can prevent unintended legal consequences. Advice on Current Legal IssuesAs the culture changes rapidly, new legal issues arise frequently. Religious organizations must be prepared to operate in the light of these new realities. In these cases, an attorney will be an invaluable resource as a counselor who understands both the law and the client, and will be able to shed light on an otherwise confusing situation. 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 Lawyer For Catholic Church first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Utah Divorce Code 30-3-11.3(2) Will Banks Release Money Without Probate? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/lawyer-for-catholic-church/ The short answer is usually no. If you own an account in your own name, and don’t designate a payable-on-death beneficiary then the account will probably have to go through probate before the money can be transferred to the people who inherit it. If, however, the total value of your probate assets is small enough to qualify as a small estate under your state’s law, then the people who inherit from you will have simpler, less expensive options. Depending on your state’s law, they may be able to use a simplified probate procedure or simply prepare an affidavit (sworn statement) stating that they are entitled to the money, and present that to the bank. Not all states offer both options. Accounts With a Payable-on-Death BeneficiaryProbably the simplest way to leave a bank account to someone is to name that person (or more than one) as the “payable-on-death” or POD beneficiary. You can do it by filling out and submitting a form that the bank supplies. The money is not part of your probate estate (assets that can’t be transferred without the probate court’s approval), so it can be quickly and easily transferred to POD beneficiary. After your death (and not before), the beneficiary can claim the money by going to the bank with a death certificate and identification. Your beneficiary designation form will be on file at the bank, so the bank will know that it has legal authority to hand over the funds. Jointly Owned AccountsIf you own an account jointly with someone else, then after one of you dies, in most cases the surviving co-owner will automatically become the account’s sole owner. The account will not need to go through probate before it can be transferred to the survivor. Accounts With the Right of SurvivorshipMost bank accounts that are held in the names of two people carry with them what’s called the “right of survivorship.” This means that after one co-owner dies, the surviving owner automatically becomes the sole owner of all the funds. Sometimes it’s very clear that the account has the right of survivorship. If your account registration document at the bank simply lists your names, and doesn’t mention joint tenancy or the right of survivorship, it might be a joint tenancy account, but it might not. If you’re in doubt, check with the bank and make sure the right of survivorship is spelled out if that’s what you want. There can be exceptions to this general rule, however. Most accounts but not all that are held in the names of two people carry with them what’s called the “right of survivorship.” In other words, after one co-owner dies, the surviving owner automatically becomes the sole owner of the funds. (It usually works in a similar way with retirement accounts as well.) If the account registration document at the bank simply lists two names, and doesn’t mention joint tenancy or the right of survivorship, it’s probably still a joint tenancy account, but it might not be. Utah, for example, has a strict requirement that to create a joint tenancy account, the account owners must sign a separate agreement, in addition to the bank’s registration card, creating the joint tenancy. Possible Uncertainty After Your DeathIf you and your spouse open a joint bank account together, it’s very unlikely that anyone would argue that the two of you didn’t intend for the survivor to own the funds in the account. But if you have a solely owned account and add someone else as a co-owner, it may not be so clear what you want to happen to the funds in the account after your death. Some people add another person’s name to an account just for convenience—for example, perhaps you want your grown daughter to be able to write checks on the account, to help you out when you’re busy, traveling, or not feeling well. Or you might want to give a family member easy access to the funds in an account after your death, with the understanding that the money will be used for your funeral expenses or some other purpose you’ve identified. Legally, however, the person whose name you add to the account will become the outright owner of the funds after your death. Unless there’s something in writing, there’s no way to know or enforce the terms of any understanding the two of you reached about how the money would be used. The new owner is free to spend the money without any restrictions. If other relatives think you had something else in mind, they may be resentful or angry if the surviving owner uses the money for personal purposes instead of paying expenses or sharing the money with other family members. If you want someone to have access to your funds only so they can use them on your behalf, there are better ways to do it. Consider giving a trusted person power of attorney (this gives them authority during your life), or leave a small bank account and instructions for its use after your death. Don’t make someone a co-owner on an existing account unless you want them to inherit the money without any strings attached. Bank Accounts Held in TrustIf you’ve set up a living trust to avoid probate proceedings after your death, you can hold a bank account in the name of the trust. After your death, when the person you chose to be your successor trustee takes over, the funds will be transferred to the beneficiary you named in your trust document. No probate will be necessary. To transfer the account to your trust, tell the bank what you want to do. It may have some forms for you to fill out. Then the bank should adjust its records, and your account statements will show that the account is held in trust. Disputes About What The Deceased IntendedIf two people—a married couple, for example—open a joint account together, no one is going to dispute that when one of them dies, the survivor owns the funds in the account. The situation may be different, however, when an older person adds someone else’s name to his or her existing bank account. Often this is done to avoid probate at the original owner’s death. Sometimes, however, the second name is added only for convenience that is, so the other person can write checks on the account, helping out the original owner. Or the arrangement is intended to give the second person easy access to the funds after the original owner’s death, so that the funds can be used for the funeral or other expenses. Legally, however, the person whose name was added to the account becomes the outright owner of the funds when the original account owner dies. Unless there’s something in writing, there’s no way for anyone to enforce the terms of whatever understanding was reached earlier, about how the money would be used. The new owner is free to spend it on whatever he or she chooses. Family members who are sure that the deceased person wanted a different result are unlikely to be successful if they go to court to try to get the money back from the surviving joint account owner. Closing A Bank Account After Someone DiesThese steps will explain how to close a bank account after someone dies: Why Avoid Probate?Most of us have heard that it’s wise to avoid probate court, but we don’t necessarily know why. In a nutshell, there are two big problems with probate: Probate Lawyer In UtahWhen you need a Utah Probate Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you with probate administration, estate planning and more.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Will Banks Release Money Without Probate? first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Rule 15(c)(2)(11) Interdealer Quotation Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/will-banks-release-money-without-probate/ Divorce is a difficult and stressful life event that affects people in different ways. Not only must you deal mentally and emotionally with the decision to end your marriage, you still face the challenge of legally dissolving your relationship before you can fully move on. Legal Separation and Divorce In Lehi, Utah.In a legal separation, you and your spouse are no longer living with each other, but you are still legally married. A legal separation typically requires you and your spouse to negotiate a Separation Agreement that covers many of the points also brought up during a divorce. These points include: Legal Grounds for Divorce In Lehi, UtahGrounds for divorce refer to the laws that govern whether a person qualifies for a divorce or not. In the US, every state has its own statutes regarding what constitutes legal grounds for divorce. There are two types of grounds for divorce: fault and no-fault. A fault divorce is just how it sounds one person blames the other person for the failed marriage. Fault divorces are often based on claims of marital infidelity, domestic violence, or criminal activity by one spouse. A no-fault divorce is where both spouses agree neither of them is solely to blame for the breakdown of their marriage, and they mutually wish to end their union in a non-confrontational manner. The term “irreconcilable differences” is a common cause cited in a no-fault divorce, also sometimes called an uncontested divorce. In an uncontested divorce, there is usually less ill will than in a fault divorce, and both spouses tend to be more willing to agree on how to split their mutual assets and debts. The state laws regarding legal grounds for divorce are those of your state of residency when you file for divorce not the state you were married in. All states currently recognize some version of no-fault divorce. Just be aware if you have moved to a new state recently, you must establish legal residency before you are permitted to file divorce papers in that state. The time required for legal residency varies by the state, but six months is a common requirement. How Do I File for a No-Fault Divorce In Lehi, Utah?Filing for divorce refers to the process of creating your divorce papers and submitting them to a clerk at the appropriate county courthouse. Couples who agree on the key negotiation points of their breakup (financial, custody, etc.) can opt to create papers for an uncontested divorce by downloading and working through the relevant forms for their state/county of residence, or by using an online service that specializes in creating personalized divorce papers. The divorce forms you’ll need are usually available for download from your state’s government website, or on a separate state courts website. Once you have filled out the forms (using the documents and information you gathered beforehand), you must submit the forms at a county clerk’s office, sometimes referred to as a clerk of the court. This office is typically found in a courthouse located in your county of residency. There is a filing fee which must be paid at the time you file your divorce papers. Even in a no-fault divorce case, only one spouse is permitted to file the divorce papers. Copies of the divorce papers must then be given to the other spouse in a process called “serving divorce papers.” In most cases, you are not permitted to serve divorce papers to your spouse yourself; you must have someone like a friend, relative, or coworkers do it. In some cases, the divorce papers can be delivered to your spouse via certified mail. The other option for creating and filing papers for an uncontested divorce is to use an online service. These services are similar to those used to help you to file your income tax returns online. Using an online service automates much of the process for you, making it easier and quicker to create your divorce papers. In some cases, the service providers may even be able to file your divorce papers online as well, saving you a trip to the county courthouse.
Lehi Utah Divorce LawyerWhen you need child custody or divorce, 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
The post Lehi Utah Divorce Attorney first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Is It Better To Settle Debt Or File Bankruptcy? South Jordan Utah Foreclosure Lawyer What Is A Letter Of Memorandum? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/lehi-utah-divorce-attorney/ Common law marriage is a concept that has been around since the 1800s. The idea allows couples to be legally married without the formality of a ceremony, witnesses, and a marriage license. Many people believe that a common law marriage is formed simply by living with your partner for a specific amount of time. On the contrary, for you to establish a common law marriage, you must live in one of the handful of states that recognizes it and meet several other requirements. The benefits of common law marriage may include inheritance rights, property division, and alimony upon the termination of the relationship. Currently, only Colorado, District of Columbia, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, and Utah recognize common law marriage. A few other states, including Georgia, Idaho, New Hampshire, Oklahoma, Ohio, and Pennsylvania may retroactively recognize a common law marriage if you and your spouse satisfied the requirements before the state banned it. If you live in a state that currently recognizes common law marriage, you’ll need to demonstrate the following before the state accepts your relationship: Is Common Law Marriage a Good Alternative to Legal Marriage?No. It’s not. Some couples want to avoid a nasty divorce, so they set out to establish a common law marriage instead. However, if you live in a state that recognizes common law marriage, the only way to end the relationship is to ask the court for a divorce. You’ll still need to go through the formal process of property division and custody and support determinations, in addition to asking the court to terminate your relationship legally. Divorcing from a common law marriage may first require a trial to prove to the court that you were in a legally enforceable marriage, which could take more time and money than a divorce from a traditional marriage. Some couples want a common law marriage for inheritance purposes, but the process isn’t any easier for common law marriages than traditional marriage, in fact, it’s more complicated. If your common law spouse dies without a will, your spouse’s family may petition the court for the property because the two of you weren’t legally married. Before you can proceed and collect your rights as a spouse, you’ll need to prove to the court that your common law marriage is legal. If you fail to meet even one of your state’s common law marriage requirements, you risk losing your inheritance. Common law marriages also prove complicated if you’d like to sue on your spouse’s behalf. For example, if your spouse dies in a work accident, you can’t sue the employer for neglect unless you can demonstrate that you and your spouse have a legally enforceable relationship. The court would require you first to prove that you meet the requirements for a common law marriage before you can proceed with the suit for neglect. Had you and your spouse formed a traditional marriage, the court would allow you to sue immediately on behalf of your spouse. Utah does recognize Common Law Marriage but it is under a set of specific circumstances that is hard to prove. When it comes to common law marriage, the process of getting a divorce isn’t too different from a regular divorce; there’s no such thing as “common law divorce.” In fact, the main difference in the divorce process is that you first have to prove that a common law marriage existed. There are a few ways to do this (you need all these elements to show common law marriage existed): How to Tell Whether You Have a Common Law MarriageThere are no absolute rules or guidelines; whether or not a common law marriage exists depends on the facts of each situation. However, a common law marriage can occur only when all of the following occur Changing Your Name if Your Marriage Is Common LawAnyone can do a name change you don’t need to be married. In theory, most states allow you to legally change your name by usage only — meaning that you simply start using your new name without any court action, and at no cost. However, practically speaking, because you don’t have a marriage certificate, you will need an official court order changing your name before you’ll get government agencies and many private companies, such as banks and title companies, to accept your new name. Common law marriages are recognized in a small number of states by a notarized affidavit or domestic partner agreement. A common law marriage is one without a marriage license. If you are in a state that recognizes common law marriage, you can show proof of your common-law relationship by providing an affidavit from you and your partner regarding your history together. Some states, as well as the Social Security Administration, may also require affidavits from two people who are aware of your common-law relationship. These documents must be notarized and filed with a county clerk. Depending on the jurisdiction, a certificate may be issued or the affidavit itself may be recognized as valid proof of marriage. Common Law Marriage Requirements In UtahThere are certain statements that affidavits of common law marriage are required to include: Requirements for a Common Law Marriage Common Law Marriage Lawyer In UtahWhen you need legal help with a common law marriage, 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
The post Common Law Marriage Utah first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Is It Better To Settle Debt Or File Bankruptcy? Title Aspects Of Foreclosure Alternatives Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/common-law-marriage-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 |