Being accused of any type of sex crime is very serious. When the charges involve a child or a minor, the consequences can be even more severe. When charged with sexual assault of a minor or child sexual abuse, it is important that a defendant fully understands the allegations and associated consequences. A conviction for a child sex offense can follow a person for many years if not for life, whether it be a prison sentence or registration on the sex offender registry. According to the Utah criminal code, there are numerous sex offenses that involve children and minors. Some of these offenses and their penalties are as follows: • Child sex abuse is a charge involving a person 18 years of age or older and a victim younger than 14 years of age. It generally is a second-degree felony unless there are aggravating circumstances. Aggravated sexual abuse of a child, when a child’s parent is the defendant, for example, is a first-degree felony and carries a penalty of 6, 10 or 15 years to life. Registration on the sex offender registry is for life. Penalties for Sex Offenses in UtahUtah categorizes sex offenses in different brackets, each with its’ legal penalties. The State’s legislature has increased the minimum mandatory term for imprisonment for these offenses in the past. As such, when faced with such charges, leave nothing to chance. Though deemed a secondary charge in Utah, sexual assault penalties can be fatal. It stands to add extra 6+ years to the minimum primary sentence charge. And as a first-degree felony, there is no escaping Utah’s sex offenders’ registry. This can be devastating even if you manage to bargain for a reduced sentence on your first charge. The most common scenario for sexual assault penalties is 10 to 15 years for a start. If your defense team happens to sleep on the job you stand to lose out more. Things can escalate to life imprisonment or worse life imprisonment with no parole. Therefore, to avoid grievous consequences, hire the best defense attorneys. Penalties for Sexual Abuse ChargeAccording to the Utah legislature, sexual abuse covers a wide degree of charges depending on the type of assault. If the plaintiff is a minor (below years of consent usually 18 years) the penalties fall under the child abuse charge. Such charges are treated as statutory charges and will continue to hold even if the child willingly participated. Child sexual abuse charges are usually considered as secondary charges in Utah. However, if charged with aggravated child sexual abuse, you stand a first-degree felony which has more stringent penalties. You stand a minimum of 15 years to life imprisonment or lifetime with no parole if bodily harm was caused and if you had a previous sexual offense charge. If the plaintiff was above 14 years of age, your case might be treated as forcible sexual abuse. Though a secondary charge, if bodily harm was caused the charge may change to the first-degree felony and carry a 15 year to life penalty. Penalties for Rape ChargeRape charges are taken up as serious offenses in the state of Utah. In rape charges, an adult is considered to be 14 years and above. This is contrary to sexual abuse charges where adults are considered to be above the 18-year threshold. Guilty offenders of adult rape charge stand a mandatory sentence of 5 years on the low end. However, the time can shoot up to a minimum of 15 years or more if the court deems it appropriate. As for a child rape case (a first-degree felony), the minimum mandatory sentence is 25 years to life. Life without parole is still on the table if bodily harm was done. Rape committed by a juvenile or when the accused was still considered a minor must incur a sentence with parole. Such charges still incur the minimum sentences with zero exclusion as a previous offense. Penalties for Enticing a Minor ChargeThe magnitude of enticing a minor charge penalty is tied up to a couple of reasons. First, on establishing what happened and next find out what was possibly intended. In Utah, such offenses are treated as class A Class A misdemeanor. They carry a penalty of up to 1 year of jail time or a $2,500 fine for persons below 18 years. Adults caught guilty of enticing minors face jail time of 5 years, permanent criminal record and a possible fine of $5000 to $10,000. Penalties for Child Pornography ChargeWhether found guilty of producing, distributing or creating child pornography, you face some charges ranging from imprisonment to harsh fines. Such charges are treated as a second-degree felony with a jail term of 6 months to 15 years. You also stand to face fines of up to $10,000 if found guilty. Penalties for Indecent Exposure ChargeA charge of indecent exposure can incur harsh penalties depending on previous records and the nature of the offense. If a first or second-time offense, the charge is regarded as class B misdemeanor punishable by a maximum fine of $2,500 or six-month jail time, if convicted. Three or more violations trigger a third-degree felony punishable by five years of jail time or a maximum fine of $5000 if guilty. Sentencing Requirements & Required Registration For Sex OffendersIn most criminal matters, Utah employs an intermediate sentencing system, which means that judges and the Board of Pardons and Parole have discretion in determining a defendant’s sentence and release date. However, many sex offenses are subject to mandatory sentencing requirements. For example, aggravated sexual assault carries a mandatory prison sentence of six, 10, or 15 years to life. Even after serving a long sentence, the impact of a sex crime conviction will likely reverberate through a person’s life. Convicted sex offenders are required to register with the Utah State Police, which posts the names of certain sex offenders on a public website. If a person is convicted as a juvenile, he or she may also face sex offender registration upon turning 18. With this information readily available, convicted sex offenders have substantial difficulty obtaining employment and professional licensing, and are often scorned in their communities and avoided by their neighbors. Strong Defense against Sex Crime ChargesA strong defense requires meticulous preparation and investigation, which may expose weaknesses in the prosecution’s case, such as inconsistencies in accuser statements or lack of forensic evidence. Utah Rape and Sexual Assault LawsUtah has a number of rape and sexual assault laws. The penalties range in severity based upon factors such as the closeness in age of the victim and defendant, whether the victim was a minor, and the degree of violence used. For example, the crime of unlawful sexual activity with a minor is a third-degree felony punishable by up to 5 years in prison and up to $5,000 in fines. However, if the defendant was less than four years older than the minor at the time of the sexual activity, it is a Class B misdemeanor punishable by up to 6 months in prison and up to $1,000 in fines. The following is a brief summary of Utah rape and sexual assault laws. Aggravated sexual assaultDuring the rape, object rape, forcible sodomy or sexual abuse, the defendant threatened the victim with use of a dangerous weapon, compelled or attempted to compel the victim to submit to any of the above crimes by threatening kidnapping, death, or imminent serious bodily injury, or was aided by one or more people. (It is also aggravated sexual assault if the defendant attempted any of the above crimes and caused serious bodily injury, threatened the victim with a dangerous weapon, compelled the victim to submit by using any of the above threats, or was aided by one or more people.) Unlawful sexual activity with a minorHaving sex engaging in sodomy or penetrating the genital or anal opening of a minor with the intent of causing substantial emotional or bodily pain or arousing or gratifying a person’s sexual desires. Forcible sexual abuseTouching another person’s anus, buttocks, genitals, female breasts, or taking indecent liberties or causing another person to take indecent liberties with the defendant or another person, without consent, with the intent of causing substantial emotional or bodily pain or arousing or gratifying a person’s sexual desires, and the victim is 14 years of age or older. It is sexual abuse of a minor if the victim was a minor, the defendant was at least 7 years older, and held a relationship of special trust. It is unlawful sexual conduct with a 16-17 year old if the defendant was at least 7 years older and knew or reasonably should have known the victim’s age or held a relationship of special trust. It is sexual abuse of a child if the person was under 14 years of age. It is aggravated sexual abuse of a child if the defendant used a dangerous weapon, acted by force, duress, violence, intimidation, coercion, menace, or threat of harm, committed the act during a kidnapping, caused bodily or severe psychological injury, was a stranger to or made friends with the victim for the purpose of committing the crime, used or showed pornography, caused the victim to be photographed lewdly, was previously convicted of a sexual offense, committed the same or similar sexual act upon two or more victims during the same course of conduct, more than 5 separate acts during, before or after the instant offense, had a relationship of special trust with the victim, encouraged, aided, allowed, or benefitted from prostitution, sexual acts or performances by the victim, human trafficking, or human smuggling, or caused the penetration of the child’s genital or anal opening. SodomyEngaging in a sexual act with a person 14 years of age or older which involves the genitals of one person and mouth or anus of another person. (It is forcible sodomy if the sexual act was done without consent and it is sodomy on a child if the victim was under 14 years of age.) Penalties Rape, object rape, forcible sodomy, sodomy with a child, and aggravated sexual abuse of a child are first-degree felonies punishable by up to life imprisonment and up to $10,000 in fines. Unlawful sexual activity with a minor is a third-degree felony punishable by up to 5 years in prison and up to $5,000 in fines. If the defendant was less than four years older than the minor at the time of the sexual activity, it is a Class B misdemeanor punishable by up to 6 months in prison and up to $1,000 in fines. Sodomy is also a Class B misdemeanor. Forcible sexual abuse and sexual abuse of a child are second-degree felonies punishable by up to 15 years in prison and up to $10,000 in fines. If the defendant caused serious bodily injury to another person, it is a first-degree felony. Sexual abuse of a minor and unlawful sexual conduct with a 16-17 year old, are Class A misdemeanors punishable by up to 1 year in prison and up to $2,500 in fines. If the defendant was 18 years of age or older and held a position of special trust as a school employee or volunteer while the minor was a student at the same school, it is a third-degree felony. Lawyer For Sex DefenseIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Is Utah A Spousal Consent State? Can An Executor Withhold Money? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-sex-crime-lawyer/
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The death of a loved one can open the door to a flood of so many different emotions, and grief can exhibit in various ways. You might find yourself impatient with or suspicious of the individual who has been appointed to manage your loved one’s estate through probate, even if you’ve never been a particularly impatient or suspicious person before. That individual, called the executor of the estate, might even be a family member with whom you normally have a close relationship. But now there are money, assets and debts on the line, and you find yourself wondering what exactly she’s doing with that money. Maybe you’re the primary beneficiary and it’s supposed to pass to you, but she’s whittling away at the balance. You can take comfort in knowing that there are some firm laws in place to monitor the activities of an executor. The term “fiduciary” infers a great deal of responsibility. A fiduciary is legally bound to act in good faith to preserve the rights and well being of others, in this case the decedent’s estate and beneficiaries. This means putting their interests ahead of her own. If she doesn’t do so and you can prove it, you have legal recourse. One of the executor’s first responsibilities after opening the estate with the probate court is to gather all the decedent’s assets, but this doesn’t mean transferring bank and investment accounts into her own name. It means moving the funds into an account or accounts in the estate’s name. Probate is a process carried out under the watchful eye and supervision of the court. After the executor has identified and gathered all assets, she must submit a list of everything the decedent owned, including cash accounts and their values as of the date of death. Beneficiaries are entitled to copies of this report. If you notice that something is not on the list and you think it should be, you have a right to bring this to the court’s attention. The executor will almost certainly have to spend at least some of the money in the estate’s banks accounts, and she might have to liquidate or sell some or all of the decedent’s property to raise more money if the final bills are more than what was left in cash. They are also responsible for meeting the costs associated with managing the estate through probate. Appraisers might be necessary to value estate property, and they’ll expect payment. She might feel that she needs a lawyer’s assistance with certain estate matters, and the lawyer will expect to be paid as well. You might also notice checks made out to the executor, but this doesn’t necessarily mean she’s stealing from the estate. She’s entitled to make a claim to the estate for reimbursement if she spends her own personal money on estate-related expenses for things like postage, copying or even travel costs. In some states, she can simply take the money if she keeps proper receipts, but she might need court approval first in others. Executors are also typically entitled to compensation for all their hard work. In reality, many family members who act as executors waive this fee, but others might not. Executors can’t simply decide how much they’re entitled to receive for their services. Payment may require court approval, even if the decedents will states how much the executor should be paid. Some states have laws in place to determine how much an executor should be paid. When you make a will you also need to name one or more people to be your executor. This is the person whose role it is to make sure that your wishes are carried out as you have set out after you die. It’s up to you who you choose but this is not a decision to be taken lightly. Here’s what you need to know about the role of the executor. An executor is legally responsible for carrying out instructions set out in a will after someone has died. It is not an easy job, practically or emotionally, and can take several months, if not longer. Specific duties may involve: Professional executors: a solicitor, bank or accountant will charge for their service. Look closely at the fees: it could be an hourly charge or a percentage of the estate, often between 1% and 5%. Think about whether you’re happy for a chunk of your money to be taken in this way, rather than going to your loved ones. Make sure you therefore understand how you will be charged and how much before you commit. On the other hand, if your financial affairs are complex having a professional executor will bring the benefit of independent, specialist knowledge. Family and friends; they will have to make the tough decisions demanded of the role, while also dealing with their grief. Many people refuse to take on the role for these reasons. However, loved ones will know you and how you would want your wishes to be carried out should disputes arise. Make sure that you discuss this with the family members you choose, and give their full names and addresses in the will, so they can be located easily. If an executor finds it too difficult to carry out their role, they can choose to appoint a solicitor to carry out the administration. If there really is no one else then, as a last resort, a government official called the public trustee will be your executor. This is most commonly employed when everything in a will is left to one person who can’t act as executor themselves, for example, a child or someone who has a disability which means they are unable to deal with financial affairs. What’s called letters of administration are granted by the probate registry to allow the deceased person’s estate to be divided up under intestacy rules if there is no will or no living executors. An executor may have to apply for probate, which gives them the legal right to deal with someone’s estate. It may not be necessary if the estate is quite small. If more than one person is named as an executor, you must all agree who makes the application for probate. To apply via post you’ll need to complete form PA1 and the relevant inheritance tax form or you can apply and pay online. When you receive a grant of probate, make several copies, as you will need them for asset holders. Inheritance tax must be paid before applying for the grant of probate. It is quite possible for someone to be named as an executor in a will who wasn’t told beforehand and doesn’t want to be held personally responsible for the job. There are also situations where someone accepts the role, but later changes their mind but doesn’t have the opportunity to discuss it with the person who appointed them. If this is the case you need to speak immediately after the death to the principal probate registry or to a legal professional for advice. You have a number of options: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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What Does An Executor Have To Disclose To Beneficiaries? Is Utah A Spousal Consent State? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/can-an-executor-withhold-money/ Utah is an equitable distribution or common law state, which is the majority marital property legal system. This means marital property in Utah isn’t automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. Married couples usually own most, if not all, of their valuable property together. If you want to leave everything to your spouse, as many people do, you don’t need to worry about what belongs to you and what belongs to your spouse. If you’d rather divide your property among several beneficiaries, you’ll need to know just what’s yours to leave. If you want to end your marriage, you probably want it to end as quickly as possible. If your spouse refuses to cooperate because they do not want a divorce or if you are unable to locate your spouse, it adds a layer of complexity to the process. However, it is still possible to get a divorce even under such circumstances by following these steps. Every state’s laws are different, so it is important to understand the laws in the state where you want to get divorced. Check your state’s residency requirements to file for divorce and decide whether you will file a no-fault divorce or base your divorce on fault grounds if your state allows this option. If you want to get divorced without your spouse’s consent, a no-fault divorce may be an easier option. That’s because, in a no-fault divorce, the divorce papers do not name either of you as the party responsible for ending your marriage. A family law attorney licensed in your state can help you understand your legal options and the divorce process. When you are ready to initiate the process, file your petition for divorce with the Clerk of Court in the county and state where you want to dissolve your marriage. Pay the filing fee to the court when you file your petition. If you cannot afford to pay the fee, you may qualify for a fee waiver. Check with the court to learn more and to apply. Your state’s laws define how you must serve notice of the divorce filing on your spouse, or legally notify your spouse of your filing. Generally, it is not sufficient to hand-deliver the divorce papers. Instead, use certified mail or use the sheriff’s office for service of process. If you do not know where your spouse resides, you can pay a locator service to find them. In some cases, state laws allow for service by publication. Your spouse has a period of time to respond to the divorce papers according to state law. Wait for this period to pass, even if you are certain your spouse will not respond or consent to the filing. If your spouse does not respond at all, you may be able to obtain a default divorce. In that case, the judge will likely side with you, granting the divorce based on your initial filing. If your spouse contests some or all of the provisions in your initial filing, your divorce is a contested divorce. In this situation, the judge hears both sides of the case and rules based on all available information. Protect your rights through the divorce process by being an active participant in the process, even if your spouse is not cooperating. Attend scheduled hearings and court dates and provide responses or answers to your spouse’s filings and court requests, as applicable. Although the process of obtaining a divorce without spousal consent is sometimes longer and more complex than a simple divorce where both spouses agree and cooperate, it is still possible to terminate your marriage. Utah Marital Property LawsDuring marriage, couples acquire the rights to some of the property and assets, as well as debts, acquired by one or both of them. Marital property doesn’t include things that are considered “separate property” owned by either spouse, for example, property owned before marriage, inheritance, gifts, property specifically excluded by valid prenuptial agreements, and property gained after legally separating. In addition, keep in mind that you are also on the hook still for your separate debts from before marriage. There are two ways states divide marital property: equitable distribution and community property. Utah is an equitable distribution or common law state, which is the majority marital property legal system. However, large numbers of people, especially in the Western U.S., live in community property states. This means marital property in Utah isn’t automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. In Utah, marital property is divided “equitably” or fairly, which may not be an even 50-50. Usually for longer marriages, it is about 50% to each party. For short-term marriages, the court generally puts people back to their position before the marriage, such as giving people what they had before the marriage and typically what they made during the marriage. Parties can agree on how they want to divide the property outside of court, but a judge will review it to ensure it’s fair. Common Law Marriage in UtahMany people in the state of Utah are in long-term, committed relationships that are not officially married. These relationships are known as common-law marriages. While these couples are not legally married, they still face many of the same challenges and obstacles as married couples when their relationship ends including the division of assets and property, as well as child custody issues. Utah does not have common law marriages (in fact, there are only a few states that recognize common-law marriages). Utah does, however, allow a person to petition the court to acknowledge their relationship as a marriage even though they do not have a marriage license. Recognition of the relationship may be requested at the end (or within a year of its end). Also, a petition to recognize the relationship can be filed during the relationship. For Utah to recognize your relationship as a marriage, either partner must prove the following to the court: Evidence of ConsentAs previously mentioned, both partners are required to give consent for the court to recognize their relationship as a marriage. Moreover, they will need to supply evidence that supports their consent. The following list may prove consent: Benefits of Utah Court RecognitionThere are a handful of reasons it is beneficial to have the court recognize your long-term relationship as a marriage. Married couples enjoy the many benefits of a legal marriage, including tax breaks, inheritance and survivor rights, spousal Social Security benefits, and more. As soon as the court determines that marriage exists, spouses will enjoy and have access to all of the benefits that come with marriage. Additionally, they will have legal divorce-related protections if the couple chooses to separate, including: Utah Annulment LawyerThe following are prohibited and void marriages and they may be annulled for these causes: Alimony and Support AttorneyIn all dissolution and separate maintenance actions, the court and judge have jurisdiction over the payment of alimony. When determining alimony, the court shall consider, at a minimum, the following factors: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Military Child Custody Attorney What Does An Executor Have To Disclose To Beneficiaries? What Are Private Placement Securities? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/is-utah-a-spousal-consent-state/ In fact, a DUI charge that is, a “driving under the influence” charge can come as a result of a wide range of scenarios, and a person can be charged with driving under the influence of a number of different substances in addition to alcohol, including drugs and prescription medications. A DUI charge also does not necessarily mean that your blood alcohol level was above .08. While a BAC of .08 or above is always grounds for a DUI charge, you can be charged with a DUI simply for being deemed “substantially incapable” of operating a vehicle. That’s something that’s up to the judgment of the officer arresting you. But while it’s important for motorists to know that it may be easier than you think to earn a DUI charge, it is also vital that you are aware of the many different ways that you can get these charges dismissed if you have a capable attorney on your side. DUI charges come with some extremely serious consequences in Utah, especially for repeat offenders or individuals with criminal records. These consequences include jail time, hefty fines, and the suspension or revocation of your license. In addition, certain DUI offenders in Utah may be required to install a bulky, invasive, and costly ignition interlock device on their vehicles, which will prevent them from driving if their BAC exceeds a certain level. But for many people convicted of driving under the influence, the worst consequence is the stain a DUI leaves on your permanent record. You’ll have to live in the shadow of your conviction for years, forever explaining the DUI on your record and struggling to secure employment, find housing, or obtain a loan. Luckily, though, a DUI charge does not always mean a DUI conviction. Depending on the circumstances of your case, a knowledgeable lawyer may be able to put together a strong defense to help get your DUI charges dropped. Some possible grounds for dismissing a DUI case include: 1. Officer error. Though many people consider police officers to be infallible, the fact is that they make mistakes just like everybody else. If there was an error somewhere in your arrest details, this could be grounds for dismissal. 2. The infringement of your rights. Before a DUI charge can be issued, a police officer has to pull you over and determine that you appear to be inebriated. But in order for an officer to pull you over in the first place, there must be probable cause that you are doing something wrong. Then, the officer must develop reasonable suspicion that you are driving under the influence. If an officer failed to follow the proper legal procedures, a case may be made that your rights were infringed upon. 3. Insufficient proof. If your case goes to court, the prosecution will rely heavily on evidence gathered at the scene of the crime. Often, roadside sobriety tests are not completely accurate, and if a lawyer can prove that the evidence is inadequate, a judge may have no choice but to dismiss your case. 4. Problems at the checkpoint. Searches and checks that occur at checkpoints can sometimes be unlawful for a number of reasons, often because officers have infringed on a person’s Fourth Amendment right against unwarranted search and seizure. If the checkpoint practices that resulted in your arrest were illegal, your case may be dismissed. What Happens After Someone Is Released After A DUI Arrest?The first thing you will notice after you are released from jail on a DUI is that you have left jail without your driver’s license. Upon arrest, and upon your release, law enforcement will take your driver’s license from you immediately, and you are given a pink temporary license. That temporary license and the information on it, is critical. Unfortunately, because of shock and the pain of what they have just experienced, most people will put those papers away thinking that they may not need to look at them until they go to court. However, that temporary license instructs you that you must contact the DMV within ten days of a release. If you fail to contact the DMV within ten days, you will automatically lose your license. If it is the first offense, you will lose your license for four months. That is going to be your first taste of reality. When you are released, you are also issued a notice to appear in court. This will advise you which court to appear in, and the date that you are required to appear. It is critical for your attorney to see every hour of the time spent between the initial consumption of alcohol, and to that moment when you are released. Often, there are things that you may note that seem irrelevant to you at the time, but may be critical for your attorney to use in your defense. Mistakes Made In The Initial Days Of A DUI ArrestThe biggest mistake is to try to put it out of your mind. People will try to deny either what had happened, hoping that it all goes away. You want to address your defense the moment you are released from jail. Not only that, it is critical you get in contact with the Department of Motor Vehicles so you can protect your license. There are things that you can immediately do that later on may not be available. For example, if you had consumed alcohol at a bar, perhaps returning to that bar to obtain the names of witnesses, and see if the bartender recalls serving you, or recalls what you were served. Anything that will assist you in your defense. At a later time, some of this information may no longer exist, such as videotapes, which may be destroyed after a period of time. These may very well show some critical element of your defense. Therefore, it is critical to take advantage of that potential evidence as soon as possible. A DMV hearing can be requested by either the client themselves, or your attorney. The reason for that is there are numerous hearing officers; most of those hearing officers are unreasonable. Some are less unreasonable than others. Dealing with DUI ChargesAn 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. The DUI Legal ProcessFirst, it is important to note that in many states, you may be charged with both driving under the influence and having a blood alcohol level above the legal limit (often called a “DUI per se”), although one charge is often dismissed if you plead guilty or proceed to trial. Regardless, the first step after a typical DUI charge is usually an arraignment, a hearing during which a defendant is formally charged with a crime before the judge. You will be asked to plead guilty or not guilty, but you can change your plea later; for this reason, you may not yet need a DUI attorney. You can simply plead not guilty, and you may have the option to request a jury trial at this point as well. If the charge is a misdemeanor and you haven’t already posted bail, you will likely be released on your own recognizance, which means you are trusted to come back to court for your next legal proceeding. After your arraignment, you should start thinking about hiring a DUI lawyer or having one appointed for you if you cannot afford one. Remember, again, that DUI laws vary greatly by state, so be sure your DUI attorney specializes in your jurisdiction. With your attorney, you can decide how you would like to approach the DUI charge. The general options are as follows: DUI Penalties AttorneyDrinking and driving, even as a first offense, is a serious crime and the penalties for it reflect that; they may include one or more the following: 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. Generally, 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. DUI 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. Possible Consequences of A DUI 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. Legal Support for DUI and the Statute of LimitationsSome defendants facing DUI charges may need to hire a lawyer to help pass the time or assist with mitigating the damage. With creativity and various strategies, the lawyer may assist the individual through the charges passed the statute of limitations. Presenting a valid case is essential to aid the defending party. 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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Military Child Custody Attorney What Does An Executor Have To Disclose To Beneficiaries? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/dui-ut-provo/ When you’re serving as executor, the single best way to avoid problems with beneficiaries is to keep them informed about the process and make your actions as transparent as possible. Let people know what you’re doing, and what the court requires you to do. Probate is a mysterious process to most people after all, it’s something most of us experience only a time or two, when a parent or spouse dies. The executor, charged with safeguarding assets, paying bills, and distributing property, has the greatest responsibility. But the process can produce anxiety in other family members, too. Often they are unsure about what’s happening, reluctant to ask the executor, and confused by the legal documents that may come their way. If you’re the executor, the beneficiaries’ anxiety can come back to haunt you in a big way. If they convince themselves that you’re doing a bad job as executor or that you’re dishonestly depriving them of their inheritances you could even end up with a costly, nasty court battle. Even if resentments simmer without actually boiling over into a lawsuit, the damage can still be severe: strained relationships and mistrust that never go away. To keep beneficiaries from worrying (and complaining), don’t wait for them to come to you. When you take on your executor’s responsibilities, starting with filing the will and securing estate property, let everyone know. Tell them that they will named you as executor (or if there’s no will, that you’re willing to take on the job and have priority under state law) and that you’ll be gathering property, paying bills and taxes, and eventually distributing property to the people who inherit it. If you know that a formal probate proceeding will be required, let them know that, too, and give them an idea of the time frame. If certain property can be transferred without probate, explain that, too. If you’re working with a lawyer, let them know. Email is often an easy way to contact groups of people and make sure everyone gets the same information. The key is simply to let people know what to expect. Requests to See the WillIf someone wants to see a copy of the will, produce it promptly. Once the will is deposited with the court—which you should do whether or not you actually file a probate case later—it’s a public record anyway, available to anyone who wishes to see it. Questions About DelaysBeneficiaries often complain that probate takes too long. It’s hard to blame them, because it does take a long time before they can actually receive their inheritances. But it’s not the executor’s fault. You’ll probably need to explain (or remind them, if you’ve already communicated it) that hard as it may be to believe, that once you file the probate case and publish notice of it in the local newspaper, the law requires you to do nothing for a period of months. The waiting period, which varies by state but is typically four to six months, is to give creditors time to hear about the death and come forward with their claims. If they don’t, they’re out of luck after the waiting period ends. Requests for Property from the EstateFor example, say your brother really wants to take your late father’s car—after all, it’s just sitting in the garage, not useful to anyone and in need of an oil change anyway. But you’ve just filed the papers to get the probate case started. Don’t just tell your brother no; explain that at least until you get the estate inventoried and valued, you can’t let anyone take anything. It’s part of your fiduciary responsibility as executor; you are required by law to make sure there’s enough money to pay the bills before you start giving out property to beneficiaries. If you can get your brother to understand that this isn’t a personal rule, made by you and applied just to him, you have a much better shot at heading off hurt feelings. Contrary to scenes you might have seen enacted on television or in the movies, there’s really no such thing as a “reading of a will.” There’s no legal requirement that a last will and testament must be read aloud to anyone. The executor or personal representative of the estate determines who is entitled to receive a copy and who should be sent a copy even if state law doesn’t require it. Locating the WillIt doesn’t always happen that family members can immediately locate a decedent’s last will and testament, yet everything begins with this document. Logical places to look include safe deposit boxes and anywhere the decedent was fond of filing away personal papers. The decedent’s lawyer might have kept a copy if he drafted the document. If you don’t know who that lawyer is, consider placing a notice in the local newspaper. You can also check with the probate court. Some states allow individuals to file their own wills before their deaths for safekeeping. Many states require that the individual in possession of the will must file it with the probate court when it’s located. Ideally, the document will name the individual the decedent wanted to act as executor of her estate. Once filed, the will is a matter of public record. Anyone can see it. Interested parties can also usually learn the name of the executor by getting a copy of the death certificate from the county registrar. They can then request a copy of the will if they haven’t yet received one or if it’s not yet available for viewing in the court system. This leaves a somewhat long list of who should receive a copy. The Executor Named in the WillObviously, the executor must have a copy of the will. He’s responsible for settling the deceased’s estate according to its terms. He must review it to understand who the beneficiaries are and to learn of any special restrictions or instructions that might exist about their shares of the estate. Many wills also determine what powers should be granted to the executor, sometimes called a personal representative, when he’s settling the estate. They might detail what type of compensation he’s entitled to receive for carrying out all the fiduciary responsibilities involved in the probate process. The Beneficiaries Named in the WillAll beneficiaries named in a will are entitled to receive a copy of it so they can understand what they’ll be receiving from the estate and when they’ll be receiving it. If any beneficiary is a minor, his natural or legal guardian should be given a copy of the will on his behalf. Heirs at Law and/or Prior BeneficiariesIf the executor or the estate attorney anticipates that anyone will file a will contest to challenge the validity of the will, he might send copies to any heirs at law of the deceased who aren’t named in the will. He might also want to provide copies to any beneficiaries named in a previous will if there is one. Heirs at law are individuals who are so closely related to the decedent that they would have inherited from her if she had not left a will. All states have prescribed lists detailing who these people are. They commonly begin with a surviving spouse, if any, then children, grandchildren, and outward to more distant relatives in an ever-widening arc. More distant relatives typically do not inherit unless all those who precede them in line are also deceased. Providing copies of the will to all these people can help to limit the amount of time that any disinherited beneficiaries or heirs have to challenge the will. In many states, it starts the clock ticking toward the deadline by which they must do so. The Accountant for the EstateThe accountant for the estate must receive a copy of the will if one is appointed. He must understand any instructions the will gives for paying off the debts of the estate. He must also deal with the apportionment of any estate and income taxes, instructions on the allocation between estate income and principal, and when and if estate accountings must be given to the beneficiaries and filed with the probate court. He must know what powers the executor has in settling and compromising creditor claims filed against the estate. The Successor Trustee of a Revocable Living TrustThe last will and testament might be a “pour-over will.” This type of will often comes into play when the deceased had a revocable living trust that was not completely funded prior to his death — not all his assets had been placed into the trust’s ownership. This type of will simply directs that any property left outside the trust should be moved into the trust at his death. A pour-over will also require a probate proceeding, and the successor trustee the individual named to manage the trust after the owner’s death — must receive a copy of the will. It should explain how the executor and the successor trustee should work together to settle the trust and the probate estate. It sometimes happens, however, that successor trustee and the executor are the same person. The IRS and the State Taxing AuthorityIf the estate is taxable for federal or state estate tax purposes, a copy of the will must also be submitted to the Internal Revenue Service and to the applicable state taxing authority. It should accompany the filings of any estate tax returns.8 Wills Are Public RecordRemember that a will becomes a public record for anyone to see and read when it’s filed for probate with the state court. The beneficiaries of the will can request that the probate judge seal the court records to prevent the general public from viewing it under certain circumstances. When you’ve been chosen to act as the trustee of a trust, you must handle both money and people. You might be more worried about the financial part, but the people may prove to be the greater challenge. Your job as trustee will be infinitely easier (and you’ll be far more effective) if, right from the start, you have cordial dealings with the trust beneficiaries — the people who benefit from the trust money. Most beneficiaries are unfamiliar with the trust administration process and anxious about their lack of control. This combination is the perfect recipe for fear and paranoia. You may be doing everything right from a technical standpoint, but if the beneficiaries don’t know what you’re doing or why you’re doing it you’re not likely to get their cooperation or support. And, without it, your job is likely to take longer and be more difficult than it needs to be. Beneficiary LawyerWhen you need legal help with beneficiary law, probate, and trust law 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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What Is The Income Limit For Chapter 13? Military Child Custody Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-does-an-executor-have-to-disclose-to-beneficiaries/ Child custody rules are complicated for anyone, but they can be even more complex for military families. This article is intended to help separating or divorcing military parents work through child custody rules. In many ways, creating a custody agreement, or obtaining a custody order in disputed cases, is much the same for military couples as for civilian couples. The parties must make the same decisions using the same factors and place the children in the home that will serve their best interests. Military parents also must consider the effects of possible deployments and reassignments on custody arrangements. Some service members may be deployed overseas with very little notice, and others may be reassigned to a base in another state or even another country. Under normal circumstances, a parent cannot simply remove a child to another state without violating the custody order or child relocation laws. However, military parents are generally aware of the possibility that they will move out of state, and can include custody or visitation provisions in the event the military parent is deployed. Military parents should discuss these possibilities with their family law attorney, who can then recommend the best way to proceed. The Impact of Military StatusIn theory, the fact that one parent is in the military should not have a negative impact on custody arrangements. Most jurisdictions require that children be placed in whatever situation serves their best interest, and if it’s best for the child to be with the military parent, then that’s where they should be placed. However, some military members and lawmakers worry that the possibility of deployment means that courts view military parents as inherently unsuitable primary caretakers. Lawmakers have attempted to pass laws which would require judges to consider other factors besides the parents’ military status, and to prevent military parents from losing custody of their children simply because they are deployed. These laws have generally failed to pass because they potentially place the interests of the military parent above the best interests of the child. Additionally, many states already allow military members to delay any court action which takes place during deployment, including custody disputes. Because deployments can be so disruptive to children, in most cases, the military’s current policy does not allow single parents to enlist in the armed forces, although a service member may become a single parent after joining the military. If you’re considering a military career and have children, you should discuss the consequences of custody with an experienced lawyer. The Family Care PlanSingle parents in the military and families in which both parents are in the military are required to create a family care plan which describes what will happen to their children (or any other dependents) in case of deployment. The family care plan must include: • A long-term caretaker, who will take care of dependents in case of a long term deployment, and need not be local but must not be a member of the military. If you are in the military and uncertain about where you’ll be deployed and for how long, it’s especially important, and it may be practical for you to develop alternate parenting plans for various possibilities. For example, if the service member might remain at a base that’s close to where the children live, prepare a plan that calls for visitation consistent with expected free time for that parent. At the same time, prepare a plan that you’ll implement if the service member is deployed overseas or transferred farther away. Communication is really important often service members don’t know exactly what’s going to happen, but it’s important to convey to the other parent all the information that is available, and make contingency plans that will cover your family whatever happens. Where only one parent is in the military and the parents have joint custody, the civilian parent will generally take care of the child when the service member is unavailable. When the military parent has sole custody, however, many states consider a transfer of custody to the other parent to be a change of custody, and it’s not uncommon for the court to allow the military parent’s new spouse or another family member, like an aunt or uncle or grandparent, to take over as the child’s guardian during deployment if the military parent is the sole custodial parent. Army Family Support RulesArmy Regulation 608-99, “Family Support, Child Custody and Paternity,” requires a soldier to provide an amount equal to the basic housing allowance at the “with dependent” rate, unless a court order or written agreement provides for a different amount. If the soldier has more than one support obligation, that amount is divided equally among the supported parties. This is not an absolute requirement, however; the regulation contains provisions that allow the commander to waive requirements in certain cases, such as when the spouse makes more money than the soldier, if the soldier is a victim of abuse, or if the family member is in jail. Air Force Family Support RulesAir Force Instruction 36-2906, “Personal Financial Responsibility,” does not specify a dollar amount for adequate support. In the absence of a written agreement or court order, adequate support is determined by the individual commander, based on the circumstances. Navy and Marine Corps Family Support RulesThe Naval Personnel Manual Section 1754-030 provides the following guidance to commanders for determining adequate support in the event of a nonsupport complaint, where there is no court-ordered amount, nor written agreement: Punishment for Failing to Pay SupportIf a commander does elect to punish a military member for failing to pay support, any such administrative sanctions are protected by the Privacy Act of 1974. Therefore, the commander cannot even legally inform the complainant that the member has been punished. In addition to individual service regulations, the Department of Defense Financial Management Regulation prohibits payment of the basic allowance at the with-dependent rate to members who refuse to provide adequate support to their dependents. The regulation also contains provisions to recoup any BAH payments already made for periods of nonsupport. The best way of ensuring you receive spouse/child support from a military member is by obtaining a court order. If the member still fails to pay, you can return to court and obtain a garnishment or involuntary allotment order. This order allows you to have the support payments taken directly out of the member’s pay, through the Defense Finance and Accounting Service (DFAS), completely bypassing the military chain of command. Keep in mind, however, that service members have certain legal protections under the Service member’s Civil Relief Act. For example, if a service member cannot appear in court due to military necessity (if the member is deployed or assigned overseas), and the commander certifies that leave is not possible; the court must grant a 90-day stay (delay) in any court action. Upon application to the court, the member can request that such stays be extended. It’s best to make your complaint in writing. If you don’t know where the member is stationed, you may have to use one of the military’s locator services. Another option is to call the base locator. Each military base operates a locator service, which can release (non-privacy act) information about military members assigned to that base. Whether you elect to write or call, keep your communication unemotional and to the point. Simply state that your spouse is failing to make support payments as required by an agreement or court order (depending on the situation) and military regulations, and you’re requesting assistance to obtain the required support. Include all facts related to the support (date of separation, date member stopped providing support, and so on). Garnishment and Involuntary AllotmentsThere are only two ways to involuntarily take money from a service members’ pay for spousal support (alimony) or child support, and both methods require legal action: Federal law authorizes garnishment against the pay of military members to enforce child support and alimony in accordance with state law. Garnishments may be placed against the pay of active-duty, Reserve, Guard, and retired military members. The procedure to obtain a garnishment order is determined by state law. However, federal law determines how the garnishment order is applied to military pay, that is, how service or process is accomplished, the type of pay subject to garnishment, and so forth. Unless state law specifies a lesser amount, federal law provides a limit of 50 percent of the member’s aggregate disposable earnings for any workweek if the member is currently supporting a second family (spouse or child) and 60 percent if the member is not supporting a second family. The percentage may be increased by 5 percent if the arrearage is 12 weeks or more. Federal law authorizes allotments from active-duty military pay in order to satisfy child support and alimony obligations. Alimony alone does not qualify under this law. These statutory allotments may only be paid from active-duty pay. A statutory allotment may be initiated when child support and alimony payments are at least two months in arrears. Allotments cannot exceed 50 percent of a member’s pay and allowances if the member is supporting a second family. If the member is not supporting a second family, the allotment may not exceed 60 percent. Lawyer For Military Child CustodyWhen you need an attorney to help you with child custody and you are in the military, 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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How Is Property Divided In A Divorce In Utah? What Is The Income Limit For Chapter 13? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/military-child-custody-attorney/ A credit shelter trust (CST) is a trust created after the death of the first spouse in a married couple. Assets placed in the trust are generally held apart from the estate of the surviving spouse, so they may pass tax-free to the remaining beneficiaries at the death of the surviving spouse. The assets held in the CST can benefit the surviving spouse during their lifetime. Credit shelter trusts are also commonly known as bypass, family, or exemption trusts. Because transfers to surviving spouses are generally free from federal estate tax, CSTs can be used in conjunction with the unlimited marital deduction. At death, if the executor or trustee is directed to fully fund the CST, assets totaling the deceased spouse’s available lifetime federal gift and estate tax applicable exclusion amount would be transferred to a CST for the benefit of the surviving spouse for their lifetime. When the surviving spouse dies, the trust assets will pass tax-free to the CST beneficiaries. The CST shelters the assets and any appreciation in the value of the assets from inclusion in the surviving spouse’s estate. To derive the maximum federal estate tax benefit, each spouse should own enough assets in their own name so the value of each spouse’s assets meets (to the fullest extent possible) or exceeds the applicable exclusion amount. At the election of the surviving spouse, the Internal Revenue Code provides for the transfer of the first-to-die spouse’s unused applicable exclusion amount to the surviving spouse, who can then use it for their gift or estate tax purposes. Although relying on portability may be easier than creating and administering a CST, a CST has several advantages over electing portability: All appreciation in the value of the assets in the CST bypasses the surviving spouse’s estate and will not be subject to federal and/or state estate taxes at the surviving spouse’s death. Portability is generally not permitted for state estate tax exclusions (for states that levy state estate tax) and the federal generation-skipping transfer tax exclusion. Therefore, without the use of a CST, any unused state estate tax exclusion and generation-skipping transfer tax exclusion of the first spouse to die will be lost. Assets contained in a trust are generally protected from the beneficiary’s creditors. The first spouse to die can control where the assets remaining in the trust are distributed after the surviving spouse’s death rather than relying on the surviving spouse to carry out the wishes of the first spouse to die. Estate Planning ConsiderationsWhen consulting with your attorney or tax advisor, consider the possible downsides to a credit shelter trust: Portability is now a permanent part of the federal estate tax system, which means each spouse’s estate tax exclusion that is unused at death is “portable” and can be carried over to the surviving spouse. Portability was enacted as a temporary provision in 2011, but Congress has made this important provision permanent. Portability can simplify estate planning significantly. Before portability, married couples had to divide and re-title ownership of their assets between them so that each had about the same level of net worth. Their will (or revocable trust document) also had to establish a trust on the death of the first spouse in the amount of the estate tax exclusion. This path fully used the couples’ estate tax exclusions, and effectively “sheltered” the assets by funding what is termed a “credit shelter trust.” This trust is sometimes called the “bypass trust” because it bypasses the taxable estate of the surviving spouse. It’s also called the “B Trust” in A/B trust planning or simply the “family trust” because in addition to estate tax savings, it provided for the family of the decedent after death, including the surviving spouse, children, and potentially even the grandchildren. Compared to a credit shelter trust, portability is simple. A husband and wife can put together a basic will that leaves all of their assets to each other, without the complication of a trust. A long-married couple often prefers the ease of having their assets in joint tenancy. Portability works well with jointly held assets as well. How Credit Shelter Trust is FundedThere are generally two ways to fund the credit shelter trust. A Credit Shelter Trust Hypothetical ExampleAssume Jim and Mary’s combined taxable estate is worth roughly $2 million and is divided equally between them. Jim dies in 2004. Without a credit shelter trust, all of his assets would pass to Mary estate tax free because of the marital deduction, making Mary’s total estate worth $2 million. If Mary were to die in 2005, the first $1,500,000 of her estate would be exempt from estate taxes. However, the remaining $500,000 would be subject to $225,000 in taxes, leaving only $1,775,000 for her beneficiaries. This taxable event would happen because only one unified credit was used for Jim and Mary’s joint estate. With a credit shelter trust. Jim would stipulate that at his death $1,500,000 would go directly into a credit shelter trust, to help provide lifetime income for Mary. Because Jim’s assets had been put into the trust, Mary’s estate would be worth $1,500,000. If Mary were to die in 2004, her $1,500,000 would not be subject to federal estate taxes because it would be equal to the amount protected below her federal tax credit. Hypothetically, Jim and Mary could save their beneficiaries $225,000 in federal estate taxes. Estate Planning AB Trusts and Portability of the Estate Tax ExemptionNote that beginning in 2011, the federal estate tax exemption was made transferable between married couples. This is referred to as “portability of the estate tax exemption” and means that if one spouse dies in 2011 or later and his or her entire federal estate tax exemption is not needed to avoid estate taxes, then the unused portion of the deceased spouse’s estate tax exemption can be added to the surviving spouse’s estate tax exemption. This, in essence, means that in 2021 a married couple will be able to pass on up to $23.4 million on to their heirs free from federal estate taxes without the need to use AB Trust planning. If the spouses have different sets of final beneficiaries, such as in the case of a second or later marriage where each spouse has their own children that they want to inherit their separate assets after both spouses are deceased, then the couple will want to make use of AB Trust planning in order to ensure that their separate beneficiaries will be their ultimate beneficiaries. Finally, the federal generation-skipping transfer tax exemption is not portable, so couples who want to double the use of their GST exemptions will need to use AB Trust or ABC Trust planning to do so. How Credit Shelter AB Trust Planning WorksHere is how the AB Trust system works to maximize the use of both spouses’ estate tax exemptions: Credit Shelter Trust LawyerWhen you need a credit shelter trust, 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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What Does The Woman Get In Divorce? What Are Short Sales In Real Estate How Is Property Divided In A Divorce In Utah? What Is The Income Limit For Chapter 13? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/credit-shelter-trust/ Many people think of bankruptcy court as the final stop on a path to financial ruin, the only option left when repaying debts seems impossible. But there’s hope even in bankruptcy, and Chapter 13 of the federal bankruptcy code offers the closest thing to a soft landing. Sometimes called the Wage Earner’s Bankruptcy, Chapter 13 allows those with enough income to repay all or part of their debts an alternative to liquidation. It’s bankruptcy for those whose biggest problem is dealing with creditors’ demands for immediate payment, not lack of income. One of Chapter 13’s most attractive features is the chance to keep your home as long as you can pay the mortgage under a settlement plan. Under Chapter 13, people have three to five years to resolve their debts while applying all their disposable income to debt reduction. The option allows applicants to eliminate unsecured debts while catching up on missed mortgage payments. Short-circuiting home foreclosure is one of the option’s most attractive features. Though keeping your home can be a major relief, you’re required to spend years living under the supervision of a court-appointed trustee who will collect and distribute your payments. How Chapter 13 WorksChapter 13 bankruptcy is like Chapter 11, which applies to businesses. In both cases, the petitioner submits a reorganization plan that safeguards assets against repossession or foreclosure and typically requests forgiveness of other debts. They both differ from the more extreme Chapter 7 filing, which liquidates all assets except those specifically protected. No bankruptcy filing eliminates all debts. Child support and alimony payments aren’t dischargeable, nor are student loans and unpaid taxes. But bankruptcy can clear away many other debts, though it will likely make it harder for the debtor to borrow in the future. To be eligible to file for Chapter 13 bankruptcy, an individual must have no more than $394,725 in unsecured debt, such as credit card bills or personal loans. They also can have no more than $1,184,200 in secured debts, which includes mortgages and car loans. These figures adjust periodically to reflect changes in the consumer price index. One of Chapter 13 allows you to stop an effort to foreclose on your home. Filing a Chapter 13 petition suspends any current foreclosure proceedings and payment of any other debts owed. This buys time while the court considers the plan, but it does not eliminate the debt. Hopefully, the bankruptcy plan will free enough of your income that you’ll be able to make regular mortgage payments and keep your house. The Chapter 13 ProcessFirst, you should find a bankruptcy attorney who can provide you with a free evaluation and estimate to file. The cost to file Chapter 13 bankruptcy consists of filing fees and fees charged by a bankruptcy attorney. Applicants need to pay a $235 filing fee to the bankruptcy court, as well as a $75 miscellaneous administrative fee. They also need to provide: Chapter 13 petitioners must stipulate that they haven’t had a bankruptcy petition dismissed in the 180 days before filing due to their unwillingness to appear in court. Also, anyone seeking bankruptcy protection must undergo credit counselling from an approved agency within 180 days of filing a petition. Shortly after filing, the debtor also must propose a repayment plan. A bankruptcy judge or administrator will hold a hearing to determine whether the plan meets the requirements of the bankruptcy code and is fair. Creditors may raise objections to the plan, but the court has the final say. Debtors can arrange to make up delinquent payments over time, but under Chapter 13 rules, all new mortgage payments from the time of filing must be made on time. The debtor also must work with a mediator, or trustee, who distributes payments to the creditors. The debtor is not required to have any direct contact with his or her creditors under Chapter 13. In fact, all creditors are required by law to cease any attempts to recover the debts covered under the Chapter 13 process if all terms of the agreement are being met. You must stick to the basics of your settlement. No late payments are permitted. You’ll be allowed to accelerate your payments, allowing you to seek an early discharge from the agreement. Conversely, if your financial situation worsens, it’s up to you to inform the bankruptcy trustee and seek a modification of the plan, if necessary. Failure to comply with the terms, especially failure to make payments on time, could result in your case being dismissed. Bankruptcy Meeting QualificationsIndividuals who can demonstrate they have the means to pay down debts are eligible to file. They must disclose their sources of income and submit the information to the court within 14 days of filing a petition. Income can come from a variety of sources, including pension income, Social Security payments, unemployment compensation, royalties and rent and proceeds from a property sale. You also need to be current in your tax filings. You are required to submit proof that you filed state and federal tax returns for the past four years. If you can’t do this, your case can be delayed until you can, and will be dismissed if you are unable to produce or offer transcripts of your returns. The bankruptcy court will review the debts and income statements, meet with creditors and then schedule a hearing to decide whether the plan is acceptable. When the repayments are completed, the Chapter 13 case will be discharged. This typically takes three to five years. Bankruptcy Chapter 7 vs. Chapter 13Chapter 7 bankruptcy forces you to liquidate a great many assets to repay creditors. But the process can be concluded relatively quickly, and any wages and property you acquire after the bankruptcy filing, except inheritances, aren’t subject to distribution to your creditors. Typically, the entire process is completed within six months. But Chapter 7 has disadvantages, too. Lenders who have already filed to foreclose on your home are only temporarily stalled, and other debts such as mortgage liens can be collected after the case is concluded. Co-signers on your debt are still obligated to pay. Seeking Chapter 13 protection allows you to keep all your property. It simply extends the amount of time you have to repay what you owe after the bankruptcy court issues its ruling. It is possible to file a Chapter 13 bankruptcy after a Chapter 7 is completed, allowing you to seek a reduction in whatever debts remain from a Chapter 7 discharge. Chapter 13 also protects your loan co-signers against collection efforts if the bankruptcy settlement obligates you to repay the debt yourself. There are disadvantages as well. Legal fees can be higher in Chapter 13 cases than Chapter 7 and your obligation to repay can last for years. In Chapter 7, the settlement ends most debt obligations. Life after Chapter 13 BankruptcyOnce the court approves a repayment plan, it is up to the debtor to make the budget plan work. Failure to make agreed upon payments will bring the matter back to court for further review, which could include selling the debtor’s property to pay debts. Bankruptcy may give debtors a breather from creditors, but there is a penalty to be paid on their credit reports. Under the federal Fair Credit Reporting Act, a Chapter 13 bankruptcy will be listed on the report for seven years. Debtors in this situation may find it difficult to get additional credit for years. Chapter 13 bankruptcy can be a useful financial tool for people with serious debts who worry about losing their homes to bankruptcy. Anyone considering this course should consult a bankruptcy lawyer. Before Filing a Bankruptcy PetitionThough bankruptcy filings are sometimes of only way to resolve debts, they are generally a final alternative. Before deciding if you should file for bankruptcy, consider steps to repair your debt. Are You Eligible for Chapter 13 Bankruptcy?For many debtors, Chapter 13 bankruptcy is a good option. It has provisions that will allow an individual with regular income to repay some creditors less than the amount owed while keeping all assets, including a house and car. But not everyone is eligible. Qualifying for Chapter 13 BankruptcyThe benefit of this chapter is that you repay some of your debts but usually not all over the course of a three to five year repayment plan. But before the court confirms (approves) your plan, you must fill out the official bankruptcy paperwork and prove that you are: Your Income Tax Filings Must Be CurrentTo file for Chapter 13, you will have to submit proof that you filed your federal and state income tax returns for the four tax years prior to your bankruptcy filing date. If you need some time to get current on your filings, the court can postpone the proceedings (but you don’t want to count on this). Ultimately, however, if you don’t produce your returns or transcripts of the returns for those four years, your Chapter 13 case will be dismissed. You Must Have Sufficient Disposable IncomeTo qualify for Chapter 13, you will have to show the bankruptcy court that you will have enough income, after subtracting certain allowed expenses and required payments on secured debts (such as a car loan or mortgage), to meet your repayment obligations. Your plan must pay back certain debts in full, or the judge will not confirm (approve) it and allow you to proceed. You can use the income from the following sources to fund a Chapter 13 plan: Why File for Chapter 13 Bankruptcy?It’s true that many people prefer to file for Chapter 7 bankruptcy because it doesn’t require the filer to pay back creditors. But some debtors simply don’t qualify. Others, however, choose to file for Chapter 13 bankruptcy because it provides options that Chapter 7 doesn’t offer, making a Chapter 13 case the better choice. Your Debts Might Be Too HighA debt is secured if you stand to lose specific property if you don’t make your payments to the creditor. Home loans and car loans are the most common examples of secured debts. But a debt might also be secured if a creditor such as the IRS has filed a lien (notice of claim) against your property. An unsecured debt doesn’t give the creditor a right to take a particular piece of property. Most debts are unsecured, including credit card debts, medical and legal bills, back utility bills, and department store charges. Businesses Not Allowed in Chapter 13 BankruptciesA business cannot file for Chapter 13 bankruptcy in the name of that business. Businesses are steered toward Chapter 11 bankruptcy when they need help reorganizing their debts. (An exception exists, however: Although a sole proprietor cannot file in the name of the business, both business and personal debts are the responsibility of the individual, and therefore, are included in the bankruptcy filing. Therefore, Chapter 13 can effectively help reorganize a sole proprietors business.) You can, however, file for Chapter 13 bankruptcy as an individual even if you own a business. You’ll include business related debts for which you are personally liable in your Chapter 13 bankruptcy case. But, the business will remain liable for the debt. (Again, the result is different if you’re a sole proprietor both the individual and business debt liability will be handled by the bankruptcy.) How to File for Chapter 13 BankruptcyYou’ll disclose all aspects of your financial condition, including your income and expenses, assets, creditors, and previous transactions in the official bankruptcy paperwork. The case will start once you file your forms and other necessary items, such as a filing fee and proof that you completed a credit counselling class. You’ll have fourteen days to submit your Chapter 13 repayment plan unless you receive an extension from the court. Chapter 13 Bankruptcy LawyerWhen you need a chapter 13 bankruptcy 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
Ascent Law LLC
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Lawful And Unlawful Use Of Force American Sign Language Attorney How Is Property Divide In A Divorce In Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-is-the-income-limit-for-chapter-13/ When a couple divorces in Utah, they must divide their marital property equitably. If they’re not able to negotiate a settlement, they’ll have to ask the court to divide the marital property. The rule about equitable division doesn’t mean the division must be equal. Instead, the court has wide latitude to decide on a fair division based on each spouse’s contribution to the marital property and on each person’s projected future needs. Marital Property and Separate PropertyIn a divorce, the distribution of property depends on which property belongs to the marriage – marital property and which property belongs to each of the two spouses – separate property. Generally, marital property is property acquired or earned during the marriage, including earned income. Property used for the benefit of the marriage, even if it started out as separate property, may also be considered marital property. Separate property includes anything that belonged to one spouse before marriage and was kept separate throughout the marriage. It could also include property given only to one spouse during the marriage, like a gift made to the husband alone or an inheritance that the wife received from a member of her family. The most common types of property divided at divorce are real property like the family home, personal property like jewelry and clothing, and intangible financial assets like income, dividends, and benefits. All of the marital property must be divided between the spouses when the marriage ends, and marital debts must also be divided. The spouse who owns separate property gets to keep that property–it can’t be awarded to the other spouse. Equitable Division of PropertyRather than rely on a hard and fast set of rules when splitting property between spouses, judges in Utah have discretion to consider a variety of factors unique to each marriage. Despite the court’s relative freedom to decide what is fair, it should always consider the length of the marriage and how the spouses acquired the marital property. It should also look at the conditions each spouse will face alone after the divorce, such as medical needs, and childcare costs. Each spouse’s level of education and earning potential are also relevant. Judges may divide property unequally after taking these factors, and others, into account. In Utah, courts consider alimony as part of the equitable division of marital property. Alimony is a payment from one spouse to the other to help the recipient spouse maintain a lifestyle as close as possible to the standard of living the parties enjoyed during the marriage and specifically, at the time they separated. If it is more equitable, the court might base alimony on the standard of living at the time of trial. The court also has the option to base alimony on the standard of living at the time of marriage if the marriage was short and there are no children. To determine the amount of alimony due, the court may consider either spouse’s fault in the deterioration of the marriage. The court also evaluates the recipient spouse’s financial resources, earning capacity, and whether that spouse worked in a business owned or operated by the obligated spouse (the one who has to pay). Additionally, the court looks at the obligated spouse’s ability to pay, the length of the marriage, who has custody of the children, and whether the obligated spouse’s earning capacity increased because the recipient spouse contributed to education or training during marriage. If one spouse is at the threshold of a major change in income because of the collective efforts of both spouses, that change also will be a factor in how the court divides the marital property and in the alimony award. Conversely, for a short marriage, the court could attempt to put the spouses back where they started as newlyweds, in terms of financial resources. Generally, alimony payments can last only as long as the number of years the marriage existed. Marital Settlement AgreementsThroughout the process, divorcing spouses have opportunities to agree between themselves on what is a fair division. They can decide to sell certain assets and divide the proceeds, while allowing each spouse to keep certain other assets. Whatever agreements the spouses make, they can submit a marital settlement agreement to the court and a court will generally accept the agreement without further involvement. On the other hand, if the spouses cannot work together, or if there are certain items of property that they cannot agree on, then the court will decide for them. While somewhat controversial, prenuptial agreements have proven invaluable to countless divorcing couples. Prenuptial agreements, also called “prenups” or premarital agreements, outline how the division of property is to be handled in the event of a future divorce. This includes real property (like land and houses), personal property (like furniture and jewelry), and pension plans and retirement benefits (like 401(k)s and defined contribution plans). In short, prenups act like blueprints. In cases where no premarital agreement exists to guide the division of assets, the court will determine how the assets and possessions should be divided, just as it would for marital property. In fact, even if you do have a prenup, there are certain areas where the court must nonetheless intervene. For example, prenuptial agreements are not allowed to include any stipulations regarding child support, healthcare coverage for children, or the costs of childcare (like daycare, food, and clothing). If you’re thinking about filing for divorce or have already been served with divorce papers, it’s important to seek legal help from an experienced attorney who can guide you through the process. Getting Started With Your DivorceIf you’re thinking of ending your marriage, it would be wise to first familiarize yourself with the basic concepts of divorce. First things first—you need to make sure you meet your state’s residency requirements before you file your petition (formal written request) for divorce. If you don’t, you won’t be able to start the divorce process. Each state sets its own laws regarding residency. The main factor in residency requirement laws is the period of time you’ve lived within the state where you plan to get divorced. Some states will let you file for divorce without a waiting period, if you currently live in the state. Others may require you to be a resident for anywhere up to a year before you can proceed with a divorce. Grounds for DivorceDivorce “grounds” is the legal reasons on which you’re basing your request that the court end your marriage. Grounds fall into two categories: fault-based and no-fault. Fault-based grounds are those that require you to prove that your spouse did something wrong, which caused the divorce. Some typical grounds in this category are adultery, extreme cruelty (physical or mental), and desertion. Today, there aren’t many benefits to filing for a fault-based divorce. However, if your state views fault as a factor in determining alimony or division of marital property, it’s something to consider. No-fault divorce is primarily based on “irreconcilable differences” or the “irretrievable breakdown of the marriage.” In short, these basically mean that you and your spouse can’t get along anymore, and there’s no reasonable prospect that you’ll reconcile. No-fault has become the avenue of choice in most divorces. There are various reasons for this. Because you don’t have to prove your spouse did something wrong, there’s typically less anxiety and tension during the divorce process. This is a big benefit, especially if there are children involved. Also, when you don’t have to fight about fault, the divorce may move more quickly. And, less arguing almost always translates into lower legal fees. Child Custody and Parenting Time (Visitation)Custody is frequently a hotbed issue in a divorce. But it’s important to note that custody isn’t the all-or-nothing proposition many people think it is. In deciding custody and parenting time issues, the law requires judges to think in terms of “the best interests of the child.” To the degree possible, that usually means having both parents actively involved in the child’s life. In light of this, “joint legal custody” is often the ideal outcome of a custody case. In this scenario, both parents have a say in the most important decisions in a child’s life, such as education, religious upbringing, and non-emergency medical treatment. “Sole legal custody” means only one parent is the decision-maker, but that’s much more the exception than the rule today. Joint legal custody doesn’t necessarily translate into “joint physical custody,” where a child lives with each parent anywhere from a few days a week to literally six months a year. For any number of reasons, joint physical custody may not be feasible or advisable. In that case, a court will award physical custody to one parent (“sole physical custody”), but normally provide the other parent with a parenting time schedule. A typical parenting schedule will have a parent spending time with the child one or two evenings a week, and every other weekend, perhaps with extended time during the summer. But judges will look at parenting time on a case-by-case basis, and try to tailor a plan that best suits both parents’ schedules. Both parents are responsible for financially supporting their children. All states utilize child support guidelines to calculate how much money a parent must contribute. The amount of support owed is primarily based on a parent’s income, as well as the amount of time the parent will be spending with the child. Child support will usually also encompass other elements, such as a child’s medical needs (like health insurance and medical bills not covered by insurance). Alimony in a DivorceThe laws regarding alimony, which is also known as “spousal support” or “maintenance,” have evolved over the years. The current trend is away from lifetime or permanent alimony, which is now typically reserved only for long-term marriages, generally considered to be anywhere from 10 to 20 or more years, depending on your state. Another type of short-term spousal support is “reimbursement” alimony, often awarded in short marriages where one spouse contributed to the other’s pursuit of a college or graduate school degree. The theory is that contributing spouses deserve to be repaid for the effort and costs they expended in furthering the other spouse’s education. What Happens in a Divorce?Although divorce is common throughout the United States, the divorce process varies depending on the couple’s situation. Short-term marriages without children or property typically result in a less complex and time-consuming divorce than long-term marriages with significant property entanglements, marital debt, and minor children. Additionally, divorcing couples who work together to negotiate the terms of the divorce (child custody, child support, property division, debt allocation, and spousal support) will experience a less expensive and less stressful divorce than couples who can’t agree or refuse to work together. Step One: Filing the Divorce PetitionWhether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage. The filing spouse must include the following information: Step Two: Asking for Temporary OrdersCourts understand that the waiting period for divorce may not be possible for all couples. For example, if you are a stay-at-home parent that is raising your children and dependent on your spouse for financial support, waiting for 6-months for the judge to finalize your divorce probably seems impossible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. If you request a temporary order, the court will hold a hearing and request information from each spouse before deciding how to rule on the application. The judge will usually grant the temporary order quickly, and it will remain valid until the court orders otherwise or until the judge finalizes the divorce. Step Three: Serve Your Spouse and Wait for a ResponseAfter you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse. If you don’t properly serve your spouse, or if you neglect to file a proof of service with the court, the judge will be unable to proceed with your divorce case. Step Four: Negotiate a SettlementIn cases where the parties have differing opinions on important topics, like child custody, support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case. The court may schedule mediation, which is where a neutral third-party will help facilitate discussion between the spouses in hopes to resolve lingering issues. Some states require participation in mediation, while others do not. However, mediation often saves significant time and money during the divorce process, so it’s often a good route for many divorcing couples. Step Five: Divorce TrialSometimes negotiations fail despite each spouse’s best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial. A divorce trial is costly and time-consuming, plus it takes all the power away from the spouses and puts it in the hands of the judge. Negotiations and mediation sessions allow the couple to maintain control and have more predictable results than a divorce trial, so it’s best to avoid a trial if possible. Step Six: Finalizing the JudgmentWhether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce. The judgment of divorce (or “order of dissolution”) ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts. If the parties negotiated a settlement, the filing spouse’s attorney typically drafts the judgment. However, if the couple went through a divorce trial, the judge will issue the final order. 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 Is Property Divided In A Divorce In Utah? first appeared on Michael Anderson.
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Grantsville Utah Divorce Attorney Recommended Property Division Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-is-property-divided-in-a-divorce-in-utah/ Uncontested Divorce in Sandy, UtahDivorce can be devastating; however, uncontested divorces are often less overwhelming to your finances and sanity than contested ones. Your divorce does not have to become a soap opera. Sandy Utah’s uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with completing a divorce trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial. Uncontested divorces (sometimes called “quickie divorces) are an option available to divorcing Sandy Utah couples with or without children. Typically, an uncontested divorce is generally less expensive and faster than traditional divorces because you avoid the expense of attorneys, custody evaluations, and hiring experts for trial. If you and your spouse can agree on all issues regarding your divorce, including child custody, visitation, and support, then an uncontested divorce is a real option. However, if you and your spouse have unresolved divorce-related issues, then the court will require you to go through the traditional “contested” divorce process where the judge will resolve the disputed issues for you. Request an uncontested divorce in Sandy UtahYou and your spouse must agree on all the following divorce-related topics: If you meet all of the above criteria, you may proceed with your uncontested divorce by filing the required forms. If you plan to file for divorce without the help of an attorney, the court expects you to submit the required paperwork in the right court. If you bring your divorce papers to the wrong court, you risk the judge dismissing your case, and you will have to re-file in the proper location. Utah’s district courts oversee divorce cases and trials. Utah has approximately 70 judges serving in the state’s eight judicial districts. Typically, you’ll submit your divorce paperwork to the court in the county where you live. If you and your spouse have separated but still reside in Utah, you can file in your county or where your spouse has lived for the past 3 months. Preparing Divorce FormsThe Utah Courts site offers online forms for completing an uncontested divorce. The court offers the Online Court Assistance Program (OCAP) to residents without an attorney. On the website, you will need to create an OCAP account, and then you can choose which type of divorce situation applies to you and follow the instructions. The spouse who files the paperwork is the “petitioner,” and the other spouse is the “respondent.” If you don’t have access to the internet, you can request a hard copy of the required forms from your local courthouse. You must submit the following documents with your divorce paperwork: If you and your spouse have children together under the age of 18, then the following forms must be filed as well: How Much Does it Cost to File for Divorce in Sandy Utah?The cost to file for a divorce in Utah varies depending on the type of case your filing, the fees for serving your spouse with paperwork, attorney fees, and more. You can contact your local courthouse to determine the filing fee for divorce paperwork. If you can’t afford to pay the filing fees, you can submit a fee waiver to the court, asking the judge to waive all the costs with the court. Completing Your DivorceSandy Utah has a mandatory 30-day waiting period to complete a divorce. Under extraordinary circumstances, the court may waive the 30-day waiting period, however, before a judge grants a divorce to parents of minor children, both spouses must complete the Divorce Education Course. If you don’t have children, the court doesn’t require you to attend a class but does encourage both spouses to utilize the resource. Utah does not require that you attend a court hearing before a judge finalizes your uncontested divorce. Instead, after you file all the required paperwork, the judge will review it for accuracy and ensure that it’s reasonable and in your children’s best interests. If the court finds that everything is in order, the judge will finalize your divorce and sign the Findings and Decree of Divorce. How To Keep From Losing Everything In A Divorce• Identify your assets: Before you can proceed with anything else, you need to know how much money you have and where it is. Next, clarify what’s in your name and what belongs to your spouse, including any mortgages, bank accounts, investments, and other assets. “A judge is going to care more about a good financial statement than a picture of someone going out of a motel.” The Pros and Cons of Retaining an Attorney When Getting Divorced
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