A Salt Lake City Utah Lawyer, one trained and licensed to prepare, manage, and either prosecute or defend a court action as an agent for another and who also gives advice on legal matters that may or may not require court action. Lawyers apply the law to specific cases. They investigate the facts and the evidence by conferring with their clients and reviewing documents, and they prepare and file the pleadings in court. At the trial, they introduce evidence, interrogate witnesses, and argue questions of law and fact. If they do not win the case, they may seek a new trial or relief in an appellate court. In many instances, lawyers can bring about the settlement of a case without trial through negotiation, reconciliation, and compromise. In addition, the law gives individuals the power to arrange and determine their legal rights in many matters and in various ways, as through wills, contracts, or corporate bylaws, and lawyers aid in many of these arrangements. Since the 20th century a rapidly developing field of work for lawyers has been the representation of clients before administrative committees and courts and before legislative committees. Lawyers have several loyalties in their work, including loyalties to their clients, to the administration of justice, to the community, to their associates in practice, and to themselves. When these loyalties conflict, the standards of the profession are intended to effect reconciliation. Legal practice varies from country to country. Lawyers can seem “all that” during a consultation, but potential clients may want to do a little extra research before pulling the trigger on hiring them. Just a quick trip over to the lawyer’s website or state bar profile can reveal information that he or she may not have disclosed. In addition, ranking-and-review websites like Yelp provide oodles of sensitive information on attorneys from past clients. So if you’re curious, use these quick ways to research whether your lawyer is legit: 1. State Bar Profile 2. Google / Search Engines. 4. The Attorney’s Own Website. 5. Third-Party Rating Groups. Qualities Every Good Lawyer Should HaveThe skills you need for your ideal career are something that you can work on and develop over time. As they say: practice makes perfect! Here are a few that you should consider working on if you aspire to be a successful lawyer: Ascent Law Has Good Communication Skills Lawyers must be orally articulate, have good written communication skills and also be good listeners. In order to argue convincingly in the courtroom before juries and judges, good public speaking skills are essential. Communication and speaking skills can be developed during your studies by taking part in activities such as mooting or general public speaking. Lawyers must also be able to write clearly, persuasively and concisely, as they must produce a variety of legal documents. But it’s not all about projection. To be able to analyze what clients tell them or follow a complex testimony, a lawyer must have good listening skills. JudgementThe ability to draw reasonable, logical conclusions or assumptions from limited information is essential as a lawyer. You must also be able to consider these judgements critically, so that you can anticipate potential areas of weakness in your argument that must be fortified against. Similarly, you must be able to spot points of weakness in an oppositions argument. Decisiveness is also a part of judgement. There will be a lot of important judgement calls to make and little time for sitting on the fence. Ascent Law Has Great Analytical skillsBoth the study and practice of law involve absorbing large quantities of information, then having to distil it into something manageable and logical. At times, there will be more than one reasonable conclusion or more than one precedent applicable to resolving a situation. A lawyer must therefore have the evaluative skills in order to choose which is the most suitable. Criminal LawyerCriminal lawyers are attorneys who are knowledgeable about criminal law. If you’re located in the United States, you need a criminal lawyer who is also familiar with the criminal laws in your state. A knowledgeable and experienced criminal lawyer will understand the rules around bail, arraignment, arrest, pleas and issues related to a criminal trial. There are many different types of criminal attorneys including public defenders, prosecutors, and defense attorneys. Personal Injury LawyerNear the top of the list of lawyers you may need is a personal injury lawyer. If you’ve been injured due to the negligence of another person or entity, a personal injury lawyer using personal injury case management software could help you get compensation. Car accidents and slip and falls are two of the most common case types personal injury attorneys take on. For individuals hurt on construction sites or during the course of their work, they may need to seek out different kinds of lawyers because of the different types of law that government accidents. Bankruptcy LawyerAnother kind of lawyer at the top of the list of most common lawyers used is the bankruptcy lawyer. If you’ve experienced financial setbacks and you’re unable to pay your debts, a bankruptcy lawyer can help you get debt relief in the form of a repayment plan or the discharge of your debts in bankruptcy court. Some of the most common reasons a person seeks out a bankruptcy lawyer is for medical debt, foreclosure, and credit card debt. Salt Lake City Family LawyerA family practice lawyer is one the types of attorneys who can help you deal with any legal issues related to your family prenuptial agreements, divorce, child custody, alimony and more. Some people going through a divorce consider DIY divorce proceedings using online forms but it’s important to remember that trained family lawyers understand nuances in the law that may not be apparent when reading readymade divorce instructions online. Many people seeking a divorce consult with an attorney so that they can understand whether or not their proceedings will be simple or more complex. Estate Planning Lawyer Salt Lake City UTEstate planning lawyers are the kinds of lawyers that can help an individual with her will or trust. If you’re trying to plan how you will handle your assets and the financial needs of your children if you pass away, working with an estate planning lawyer is a good choice. By using an estate planning lawyer to create a plan for your assets after you die you can keep your estate out of divisive probate processes. Salt Lake Intellectual Property LawyerIntellectual property lawyers are the types of lawyers that are also known as IP attorneys. IP attorneys can help you deal with legal issues concerning copyrights, trademarks, patents, trade secrets and anything else related to intellectual property. Some of the most common cases facing intellectual property attorneys are copyright and trademark violations. IP attorneys also spend a lot of time working with clients to help them avoid infringing upon the rights of others and making sure that their intellectual property is properly protected under the law. There are a lot of nuances to intellectual property law, so many IP owners work with attorneys who understand the law. Corporate Lawyer In Salt Lake City UtahIf you own a business, a corporate lawyer can help you with business entity formation, governance and compliance issues. Corporate lawyers can also review contracts and give legal advice regarding agreements related to mergers, acquisitions, and divestures. Salt Lake Tax LawyerIf you owe taxes or if you’re being sued by the IRS or other tax agency, a tax lawyer is the type of lawyer who can help you navigate the tax legal system. Tax lawyers handle tax cases involving federal, state, and local taxes. Tax fraud, tax evasion, and failure to file tax returns are all issues that an experienced tax attorney can tackle. Civil Litigation Lawyer Salt LakeThere are many types of litigation lawyers, but the civil litigation lawyer one of the most commonly used. Civil litigation lawyers can help handle cases where person A is suing person B over a matter where person B caused harm to person A. The most common kinds of cases handled by a civil litigation lawyer include contract disputes, class action lawsuits, property disputes and complaints filed against a city. Civil litigation software helps attorneys stay organized and manages their cases and clients in one place. Free Initial Consultation with a Salt Lake City LawyerWhen you need legal help in Salt Lake City Utah, please 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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Marijuana Expungement Attorney Understanding Reciprocity With Neighboring States Is Divorce Better Than An Unhappy Marriage? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/lawyers-in-salt-lake-city/
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Marriage isn’t easy, even for the people you think have everything figured out. An unhappy marriage is when one or both spouses feel like being married is a chore rather than something they look forward to. Maybe their marriage started strong, but now they’ve drifted apart. Problems that were once small or trivial have spiraled out of control they don’t talk, they don’t show affection, and they’re just going through the motions. All they know is things aren’t good, and they aren’t even sure if they are still in love. Knowing how to recognize the signs of an unhappy marriage is the first step in making sure your relationship doesn’t go down a similar path. • Your partner isn’t willing to get help: The ability to have a healthy relationship requires two people, not one. You may want the relationship to work, but one clear sign that your relationship is in trouble is when your partner isn’t willing to get help or work on resolving the issues as a team. • You both are not physically comfortable with one another: You are dealing with the emotional effects of a sexless marriage. Gone are the days when you used to express your love for each other without any inhibitions. You used to hold hands, kiss each other and cuddle. But now, you will notice that you both are not physically comfortable around each other. The idea of having sex with your partner makes you feel awkward and vice versa because your marriage has turned into a loveless marriage and as a result, into a sexless marriage. Intimacy has become so rare in your married life that you fail to connect with your spouse any more. However, you should know that lack of intimacy in your relationship is not just affecting your marriage, but your mental health too. • You look for happiness outside the marriage: This means you are either prefer spending time alone and enjoying what life has to offer you, or you find yourself getting attracted to another person. While coping with a sexless marriage you start looking for intimacy outside it. This other person is someone you are able to connect with. Who seems to care for you and respect you more than your spouse. You might be having an emotional affair with this person without even realizing it. An emotional affair takes place when you get overly comfortable with someone outside your marriage and end up sharing intimate details about your life with this person. • Be transparent and accountable: Leave your pride at the door. Transparency and accountability require self-reflection and an examination of your thoughts, behaviors, and intentions. There is no room for convenient omissions of details and information. Your goal needs to be bringing you and your spouse onto the same page. Your intentions, therefore, need to be pure and for the good of the relationship. Your personal commitment to this especially if you have violated your spouse’s trust — will speak volumes about your commitment to the good of your relationship going forward. Saving an unhappy marriage is a commitment to a lot of hard work. But assuming that the marriage is not abusive and you can still see through the clouds misery to the memory of loving light coming through, there is hope. Seeking help for saving an unhappy marriage can help define areas that need work, while giving you tools for working on them. It’s amazing how the “impossible” becomes “possible” when problems are identified and a plan of action is made to overcome them. Divorce LawyerWhen you need a divorce attorney in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Is Divorce Better Than An Unhappy Marriage? first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Marijuana Expungement Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/is-divorce-better-than-an-unhappy-marriage/ A marijuana possession charge in Utah can be filed as a misdemeanor or as a felony charge, depending on a variety of circumstances. Any Utah marijuana possession charge carries the possibility of jail time and substantial fines. If you are facing prosecution for marijuana or other drug-related charges, an experienced drug crimes and criminal defense attorney can make all the difference. Second-Degree Felony Marijuana ChargesAt the second-degree felony level, a marijuana conviction in Utah carries the possibility of up to 15 years in prison and a $19,000 fine (including surcharge). Marijuana possession can be filed as a second degree felony under the following circumstances: possession with the intent to distribute within a drug-free zone; actual distribution of marijuana within a drug-free zone; or possession of more than 100 pounds of marijuana (regardless of intent). Third-Degree Felony Marijuana PossessionA third-degree felony marijuana charge in Utah is punishable by up to five years in prison and a fine (including surcharge) of up to $9,500. Marijuana possession is classified as a third-degree felony under the following circumstances: possession of more than 16 ounces but less than 100 pounds of marijuana; possession of marijuana with the intent to distribute (with no drug-free zone enhancement); or growing or cultivating marijuana (regardless of the amount). Class A Misdemeanor Marijuana ChargesA class A misdemeanor marijuana charge is punishable by up to one year in jail and fines up to $4,750 (including surcharge). Marijuana possession can be filed at the class A misdemeanor level if: the amount of marijuana possessed is at least one ounce but less than 16 ounces; or possession of less than one ounce of marijuana in a drug-free zone. Class B Misdemeanor Marijuana PossessionClass B misdemeanor charges in Utah are punishable by up to 180 days in jail and up to $1,900 in fines (including surcharge). A basic charge of marijuana (less than one ounce) begins as a class B misdemeanor. Defenses to Marijuana Charges in UtahAn effective defense to marijuana possession or distribution charges in Utah can involve important Constitutional rights under the Fourth Amendment or Fifth Amendment. Motions may be needed seeking the suppression of evidence. Factual defenses may include constructive possession defense issues. The knowledge and intent of the defendant can serve as potential sources of a factual defense to criminal marijuana charges. A thorough understanding of procedural rules, relevant statutory provisions, and related case law can be critical to mounting a successful defense. An understanding of how substance abuse treatment and mitigation can influence the outcome of the case and lead to a successful negotiated resolution may also be critical. Possession of marijuana is a criminal offense in Utah. The amount of marijuana you have in your possession will determine the crime and penalties that you will receive for a possession offense. Marijuana possession can earn you serious penalties if you are caught with a large amount of marijuana. If you or a family member was arrested for marijuana possession, you should consult with an experienced Utah drug possession lawyer. Utah Marijuana Possession LawsThe requirements to charge an individual with marijuana possession and other drug crimes are listed under Utah’s Controlled Substances Act. A combination of state and federal laws makes it illegal to not only possess a certain amount of marijuana but also to possess any drug paraphernalia needed to use marijuana. Marijuana possession, sometimes referred to as simple possession, is an offense that arises out of possession of marijuana for personal use. This contrast with an offense for possession with intent to distribute (PWID), a crime that focuses on the offender manufacturing and distributing drugs. The possession of marijuana is also referred to by terms like “actual possession” and “constructive possession,” depending on how law enforcement located the drugs. If an offender actually possessed marijuana when they were arrested, it means that they had it on their person or in an item that they were carrying. If an offender constructively possessed marijuana, it implies that they had knowledge of and control over the drugs found by law enforcement. For example, if you hid drugs in the trunk of your car or in a safe in your home, you will likely be charged with possession if law enforcement finds it, even if you did not have the drugs on your person. Penalties for First Offense Marijuana PossessionTo reiterate, the penalties for marijuana possession are directly correlated to the amount of marijuana that you are discovered with. If the weight of the drugs in your possession is over a certain limit, you risk being charged with a felony instead of a misdemeanor, even if this was the first time you were arrested for possession. If you are found with less than 100 pounds of marijuana, you will likely receive a class B misdemeanor charge. The penalties for a class B misdemeanor are a maximum of six months in jail and up to $1,000 in criminal fines. If you receive a class B misdemeanor conviction for marijuana possession, you may be given the option to perform compensatory service instead of paying a fine. The hours you will have to work typically depend on the amount of your criminal fine. If you were granted the option of compensatory service, you could volunteer with: Types Of Marijuana OffensesMarijuana is considered a Schedule I controlled substance in Utah. The amount of marijuana and crime associated with it will determine the severity of the marijuana charge and its resulting penalties. Under Utah marijuana possession laws, the following are punishable offenses, listed in order of severity. Marijuana Possession Conviction PenaltiesThe potential punishment is directly dependent on to the amount of marijuana in your possession at the time of arrest. The amount in your possession also determines the classification of the charge as a misdemeanor or a felony. In addition, the number of offenses also affects the severity of the charge. The various levels of marijuana possession penalties in Utah are listed below: Utah Marijuana Distribution PenaltiesOther transactions involving marijuana, such as sale and distribution, hold a greater punishment than possession alone. For a first time conviction, distribution of any amount is a third-degree felony. Penalties included with the charge are $5,000 in fines and a sentence up to five years in Utah State Prison. Distribution in a drug-free zone or in the presence of a minor, as well as subsequent conviction will increase the felony classification and penalties. At the minimum, a mandatory five-year prison sentence will be served with any first-degree felony conviction. Permitted Prescribers of Medical Marijuana in UtahOnly those medical providers registered with the Utah Department of Health to recommend Medical Cannabis can issue recommendations for Medical Cannabis. To be deemed qualified by the department, a health care provider must: Marijuana Possession: Laws & PenaltiesAccording to the National Institute on Drug Abuse, marijuana ranks as the most commonly used illegal drug in the United States. While some states have passed laws permitting or decriminalizing possession of small amounts of marijuana, marijuana remains an illegal controlled substance under federal law. The conflict might someday be resolved, but for now, federal and state law are at odds with each other. As a result, federal consequences are possible even when people follow state laws about marijuana use and possession. Federal Marijuana LawFederal drug laws classify marijuana as a Schedule I drug. A first possession offense of any measurable amount carries misdemeanor penalties of imprisonment for up to one year and a minimum $1,000 fine. The penalty increases to a felony for a second possession offense. If someone possesses marijuana in order to sell it or for other criminal reasons, the penalties become much harsher including possible mandatory prison time and forfeiture of property or money. Federal prosecutors can prosecute conduct that is legal under a state’s marijuana laws. While federal prosecution for marijuana possession when state law allows it isn’t common, the rise in the number of states authorizing certain medical and recreational marijuana use has prompted the federal government to reevaluate its enforcement policies from time to time. State Marijuana LawsSome states follow federal law and prohibit any possession of marijuana. But a growing number of states have enacted laws that split from federal law and allow possession of small amounts of the drug. Medical MarijuanaMore than 30 states have approved medical marijuana programs. Regulations vary widely between states. To legally purchase and possess medicinal marijuana, most states require patients to register with the state or obtain a specific identification card. Some states allow patients to grow their own marijuana, while others allow access only through regulated dispensaries. LegalizationA few states have legalized possession of small amounts of marijuana for personal use by adults. But, even in these states, limits exist. In “legalized” states, laws still control: DecriminalizationInstead of legalizing recreational use of marijuana, some states have decriminalized it. What’s the difference? In “decriminalized” states, the law still prohibits possession of small amounts of marijuana, but punishment is typically a civil fine or low-level criminal infraction that can’t result in jail time. Sealing Past ConvictionsA number of states that have legalized or decriminalized marijuana possession allow people with past convictions to seal or expunge their old records. Depending on the state, the process can be automatic or require people to petition the court. Clearing your criminal record often helps in obtaining jobs, housing, and professional licenses. 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 Marijuana Expungement Attorney first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
What Are The Advantages Of Divorce? How To Create A Friendly Workplace Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/marijuana-expungement-attorney/ Within the state of Utah there are numerous beautiful mountain valleys; few are as picturesque as Heber Valley, some fifty highway miles east of Salt Lake City. Historically, the first white Americans to visit the area just east of Mount Timpanogos were members of a fur trapping brigade led by Etienne Provost in 1824. For many years the valley was referred to as Provo or upper Provo; the river running south through the valley still bears the name of that explorer. It was the completion of a wagon road through Provo Canyon in 1858 that brought the first Mormon settlers to the area. The following spring, a number of families (most from Utah County) began locating farther to the west along Snake Creek, establishing two small communities. The first was a mile and a half south of present Midway; the second was about three miles north of the first. The more northern settlement was called Mound City due to the numerous nearby limestone formations. Among the early family names of settlers were Robey, Epperson, Bronson, McCarroll, and Smith. By 1861 there were approximately fifty families living west of the Provo River. In 1866, because of Indian hostilities, territorial governor Brigham Young encouraged settlers to construct forts for protection. The two Snake Creek settlements reached an agreement to build a fort halfway or midway between the two existing communities hence the name Midway. During the 1860s and 1870s a large number of Swiss immigrants arrived. Swiss names such as Gertsch, Huber, Kohler, Probst, Zenger, Durtschi, and Abegglen, among others, are still found in Midway. From the beginning, Midway’s industry was based on livestock and farming; however, the pioneers’ need for building materials quickly became paramount. Sawmills were established by the early 1860s. Three principal operators were Henry T. Coleman, John Watkins, and Moroni Blood. Lime, limestone or “pot stone” blocks, and brick also were soon manufactured. In 1861 John H. Van Wagoner constructed the first commercial gristmill. Retail stores soon were developed by enterprising residents; one, the Bonner Mercantile Store, was constructed in 1879 and is still in use today. A second long-running retail business was founded by Henry T. Coleman and Simon Epperson. Established in 1910 and originally called “the Midway Drug Store,” that confectionery and grocery outlet was operated until 1986 by the Coleman family (who also owned an adjacent movie theater initially called the Star and later the Rio). Blacksmiths, livery stables, boarding houses, and other businesses were also part of the community’s economy. Moreover, by the 1880s nearby mines, particularly those in Park City, began to play an important economic role in many Midway households, and did so into the late 1960s. Midway was incorporated 1 June 1891 with Alvah J. Alexander elected as president; board members were also elected. The town was a proclaimed third-class city in 1971. The mayor-and-council system was then initiated, with Wilburn F. Huffaker being the first city mayor. Education and the establishment of schools began very early in Midway history. By 1867 the community had organized a school board of trustees to improve the existing log school. Over the next forty-five years several schools were organized, both public and private, in an effort to meet educational needs. In 1912 a new schoolhouse, using native “potrock,” was built on the public square. This facility was used until 1975 when the new Midway Elementary School was dedicated. Important civic improvements were made in the 1930s and 1940s. A concrete sidewalk program began in 1938, and the Midway Recreation Center, usually referred to as the “Town Hall,” was dedicated in June 1941; both were Great Depression-era WPA projects. The east section of the center now houses the local post office, which had been established in December 1864; Salas Smith was the first postmaster. The most active civic organization promoting the community has been the Midway Booster Club. Established in 1947 through the efforts of Luke’s Hot Pots Resort owners Joseph B. and Pauline S. Erwin and a number of local enthusiastic supporters, the club has had a very significant role in various city improvements and activities. This has been particularly true with the popular Midway Swiss Days festivities held each fall. Music also has always been a strong community tradition. Getting Started With Your Divorce In Midway, UtahIf you’re thinking of ending your marriage, it would be wise to first familiarize yourself with the basic concepts of divorce. Residency Requirements for DivorceFirst 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 Divorce In Midway, UtahDivorce grounds are 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. Child Custody and Parenting Time (Visitation) In Midway, UtahCustody 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. Divorce and Child Support in Midway UTBoth 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 Divorce Midway UtahThe 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. In the current divorce environment, you’re more apt to see court award alimony for a limited duration. For example, one type of limited spousal support is called “rehabilitative” alimony. Judges will award this for a period of time they believe will allow a spouse to viably enter the workforce, or perhaps learn certain skills that will make the spouse more employable. The object is to have the spouse become self-sufficient. 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. Some common factors a court considers when awarding alimony are: Distribution of Property in Midway Utah DivorceIn most divorces, couples will have to divide property and debts. The general rule is that family courts will divide a couple’s marital property—meaning property they acquired during the marriage. This would include assets such as real estate, bank accounts, and so forth. How a court goes about doing this depends on whether you live in an “equitable distribution” state or a “community property” state. Most states follow the principle of equitable distribution. This means that the court will divide the marital property between you and your spouse based on the facts of your case. Whatever the judge feels is fair in your particular set of circumstances will determine how the judge distributes the property—it’s not guaranteed that each spouse will get an equal amount. In a community property state, the court will divide all marital assets on a 50-50 basis, unless there is some reason to deviate from this standard rule. In both equitable distribution states and community property states, you usually get to keep any property that you own separately. Separate property generally includes any assets you owned before the marriage and some types of property you may have acquired during the marriage, such as gifts and inheritances. If something is confirmed as “separate property,” it will remain exclusively yours and won’t be divided between you and your spouse during the divorce. But note that if you commingled separate property with joint (or community) property during the marriage, in all likelihood that separate property will lose its protected status, and will be subject to division during the divorce. To try and avoid this result, keep your separate property in an individual account and/or keep all records of transactions involving your separate assets. Divorce can be a very complex subject, so consider consulting with a local divorce lawyer before proceeding. Different Types of Separation: Trial, Permanent, and Legal Separation Trial SeparationIf you and your spouse need a break from the relationship, you may choose to live apart while you decide between divorce or reconciliation. While you’re separated, the same legal rules apply as when you are married, in terms of ownership of property. For example, money you earn and property you buy are likely to still be considered jointly owned by you and your spouse, depending on your state’s rules about property ownership. If you and your spouse are hoping to reconcile, it’s a good idea to write an informal agreement about some issues that will surely come up. For example, you will need to decide whether or not you will continue to share a joint bank account or credit cards and how you’ll budget your spending, which of you will stay in the family home, how expenses will be shared, and the like. If you have kids, you’ll need to decide how and when each of you will spend time with them. If you both decide there’s no going back, your trial separation turns into a permanent one. Permanent SeparationWhen you live apart from your spouse without intending to reconcile but you are not divorced, you are considered permanently separated. In some states, living apart can change property rights between spouses if you don’t intend to get back together, then assets and debts acquired during the separation belong only to the spouse who acquires them. Once you are permanently separated, you are no longer responsible for any debts that your spouse incurs. Similarly, you’re no longer entitled to any share of property or income that your spouse acquires or earns. Because it can significantly affect how your property and money are divided, the date of permanent separation is sometimes hotly contested in a divorce. For example, if your spouse left in a huff and spent a month sleeping on a friend’s couch, but you didn’t discuss divorce until the month had passed and neither of you intended to divorce before then, the date of separation is somewhat questionable. If during that month your spouse received a big bonus at work, who it belongs to is also arguable. If you move out of the house and don’t expect any long-term reconciliation with your spouse, there may be consequences to going out or spending the night together just for old times’ sake. If you do briefly reconcile, you risk changing the date of separation and becoming responsible for your spouse’s financial actions during a period when you thought you were responsible only for yourself. Once you’re separated and have made basic agreements about your joint assets and debts, you don’t have to divorce right away. Some people stay married because of insurance and inertia can be a factor, too. Legal SeparationIn some (not all) states, you can get a legal separation by filing a request in family court. Being legally separated is a different legal status from being divorced or married you’re no longer married, but you’re not divorced either, and you can’t remarry. But the court’s order granting the legal separation includes orders about property division, alimony, and child custody and support, just as a divorce would. People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate lives. Some people live very happily in a state of legal separation for many years. (If you’re considering a legal separation instead of divorce so that you can keep insurance benefits, check the insurance plan before making the decision. Some consider a legal separation the same as a divorce for purposes of terminating health benefits.) Lawyer For Divorce In Midway UtahWhen you need to get divorced and you live in Midway Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Midway Utah Divorce Attorney first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
How Long Does It Take For Probate To Be Granted? Nature Of Patent And Patent Rights Protecting And Transferring Title 2 Collection What Are The Advantages Of Divorce? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/midway-utah-divorce-attorney/ Divorce is a difficult time in anyone’s life and it can also be a very expensive time, especially if you don’t understand the process and can’t afford an attorney to represent you. “Divorce is a complex legal process. It’s best to know what the process entails and what to expect as it unfolds. The more informed you are, the fewer surprises there will be.” And of course, those surprises Fernandez mentioned can be what end up costing you more money. But, there are ways to save money and there are (believe it or not!) alternatives to hiring a lawyer to represent you in all aspects of a divorce. Divorces tend to be expensive because spouses fight over every aspect of the split. Divorce will be much less expensive when spouses set aside their differences and agree to compromise. “A judge will refuse to sign off on a divorce until all issues including property division, alimony, and child custody are resolved. A contested divorce, where spouses disagree, will take longer to resolve and demand more resources.” “Spouses who can’t agree about how their divorce should unfold will have to look to others for help. This help isn’t always cheap. Expert witnesses, such as therapists and forensic accountants, can be expensive. Using arbitration or mediation is another added expense.” Negotiating the terms of the split privately before the divorce papers are filed is the number one way to cut down on costs. If you and your spouse can’t agree on anything else, maybe you can both agree you both want to spend as little as possible to split? It’s at least a good place to start. Hire a lawyer to consult and guide you through the case without having that lawyer represent you in court “Many states allow paralegals to draft documents for people representing themselves in a divorce. It is important to know the laws that apply to paralegals drafting court documents in your state to ensure the paralegal you hire is authorized to help with your divorce. However, paralegals are prohibited from giving you legal advice in all states.” Uncontested Divorce in UtahDivorce can be devastating; however, uncontested divorces are often less devastating to your finances and sanity than contested ones. Your divorce does not have to become a soap opera. Instead, Utah’s uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with attending a trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial. Uncontested divorces are an option available to divorcing Utah couples with or without children. These types of divorces are 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 are able to 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 cannot reach an agreement on any issue in your divorce, then your divorce becomes contested and you will be required to attend a trial where a judge will decide the remaining issues in your divorce case. The following is a list of some of the major issues that must be resolved between you and your spouse before filing an uncontested divorce action in Utah: Completing Your DivorceUtah has a mandatory 90-day waiting period to complete a divorce. Under extraordinary circumstances, the 90-day waiting period may be waived. However, before a divorce will be granted to parents of minor children, both spouses must complete the Divorce Education Course. Utah does not require that you attend a court hearing before a judge will finalize your uncontested divorce. Instead, if all your paperwork is filed correctly and the judge finds that your agreement is reasonable and/or in the best interests of your children, then the judge will sign the Findings and Decree of Divorce. Note that the date the judge signs your Decree, is when your divorce becomes final. Getting a quick divorce can save you and your partner both emotional and financial anguish. However, when children are involved, it can be difficult since there will be the issues of child support and custody battles to work out. To succeed in dissolving the marriage quickly, these details must be solved in the fairest way for both parties. The cheapest way to get a divorce with a child involves both you and your spouse to remain cordial, and be ready to compromise on several issues. Property division and child custody, which are the main battle fronts in most divorce proceedings. To get a cheap divorce, you can start the process online and minimize the number of professional services you contract. In order to get the cheapest divorce possible, you must make sure that both you and your spouse are willing to work together and your divorce is uncontested. • Use an online divorce paper preparation service to help you fill out your paperwork in as little as 30 minutes at a budget friendly cost ($149 – $399). Additionally, there are some states that allow for e-filing but the majority of states don’t have this option. From the courts website, you can prepare the forms right from your computer without any legal assistance. From here you can save the prepared files in a PDF format and print several copies. Utah Divorce LawyerWhen you need a Utah Divorce Attorney for Help with Divorce or Child Custody 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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Can My Husband Take My Retirements If We Divorce Probate Attorney South Jordan Utah How Long Does It Take For Probate To Be Granted? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-are-the-advantages-of-divorce/ If you find yourself asking about the length of the probate process from start to finish, sit down and buckle up because unfortunately the process is an unpredictable and lengthy legal procedure. The length of the probate process timeline depends on several factors. For example, the size of the decedent’s estate and level of complexity, whether or not the decedent left behind a will and if it’s contested, outstanding debts and obligations, and the number of proposed heirs can all add several months or years to the procedure. Other factors may include tax complications, non-probate lawsuits, and probate procedural requirements. It’s important to note that procedural requirements regarding probate vary by state. Additionally, the majority of courts have local court rules. It is a good idea to research probate law and various probate attorneys ahead of time. Researching probate will facilitate an understanding of various state requirements, local court rules, and key probate terms. In turn, this will help you understand what is involved for the probate process. Another benefit of researching probate law and contacting a probate attorney regarding the process details of probate is that you will be able to determine a timeline tailored to the specific circumstances of your probate matter. The time estimates will not apply in every situation since specifics of the probate process differ with every estate; however our probate timeline can act as a reference tool for approximating how long your probate process may take and how long it may be until you can access your inheritance. If you are currently involved in probate, you may be able to identify which stage of the probate process you are in by reviewing the timeline. Whether you are currently involved in probate or you anticipate being involved, this probate process timeline can give you an idea of just how much money you may need in order to withstand the entire duration. If you find yourself low of funds, IFC can help you get an inheritance advance in less than a week. The easiest way to understand the probate timeline is to look at all of the major steps most probate cases will require and how long each one is estimated to take. We’ll also take a look at when and how to handle the parties involved in the probate process. • Notice of Probate: 1-2 Months, Even if all beneficiaries of the decedent’s will attended the funeral and are aware that you’ll be handling the estate, this fact alone isn’t enough for the probate courts. You’ll need to issue a formal notice of probate to all interested persons, which means all beneficiaries and heirs. Depending upon local laws, you may have up to three months to notify interested parties after your probate petition is accepted by the courts at your first hearing. However, it’s best to get this done prior to your hearing so that you can obtain a waiver of process and consent to probate from all interested parties. This waiver and consent tells the court that all beneficiaries acknowledge the validity of the will (if there is one) and are willing to have you act as the executor or personal representative With this consent, they are waiving their rights to contest the will or any legal action you may take in regards to the estate. Having these waivers at your first hearing increases your chances of being awarded the rights of independent administration which means the court will be less involved in your handling of estate assets. This process can take as little as a few days if you have current contact information for all beneficiaries and they are willing to sign the waivers. If you need to search for the beneficiaries or if any parties decide to contest the will, this can take one to two months or longer. • Petition to Probate: 1-4 Months, unless the value of the estate is extremely low and contains no property, you will likely need a probate attorney to file the petition to probate the decedent’s estate. Once this petition is filed, you’ll receive a court date for your first hearing which will be set several weeks or months out based on the court’s availability. How long this step takes depends largely upon how soon you can get a court date scheduled. Prior to this hearing, you are not officially the executor or personal representative of the decedent’s estate, so you cannot legally conduct estate business, such as signing a listing agreement with a real estate agent for estate property. However, you can bring on a probate experienced real estate agent to help you prepare for the sale of the property by assessing the property’s value, running comparables in the neighborhood, determining the home’s value, connecting with cleaning services, contractors, and other vendors. Provided all of your petition paperwork is in order, the probate court judge will name you as the personal representative of the decedent’s estate by issuing letters of administration if there is no will, or letters of testamentary if there is a will. At this time, the judge will also decide to grant you either the rights of independent administration or dependent administration. • Inventory and Appraise Assets: 1-3 Months, One major task that needs to be done during probate is the inventory of assets. For this you’ll need the official probate forms from your state as this document will become a part of the official records of the estate that must be filed with the final petition at the close of probate. It’s important to note that some estate assets are not subject to probate, so check with your probate attorney as you compile your inventory. This inventory helps the probate court determine the cash value of the estate, based in part on the date of death value or the alternative valuation date which is within six months after the date of death. Generally, a professional appraisal is needed in order to determine these valuations, especially for real estate. This step can take anywhere from a few weeks to several months, depending upon the size of the estate and how long it takes to arrange the asset appraisals. • Final Distribution and Closing the Estate: 1-3 Months, during the probate process, you may distribute some assets, like tangible personal property. However, in most states you are required to wait to distribute financial assets such as proceeds from the property sale until the final probate hearing. This is to allow the probate court to review your final accounting to ensure that every effort was made to identify creditors and pay the decedent’s debts before the estate is dissolved. If a credible debt claim is made against the estate, the court can hold the executor personally liable for failing to properly notify the creditor or distributing funds to beneficiaries before all debts were paid. Like the initial petition to probate, the number of weeks or months between filing your petition and that final hearing largely depends upon the probate court’s availability. Provided all of your documentation checks out, the probate judge will rule for probate to be closed and the estate dissolved. At that time, you will use the estate funds from the estate to pay final expenses, including court costs and attorney’s fees. The remaining balance is then distributed to the beneficiaries and your duties and responsibilities as the personal representative are concluded. The timeline of the probate process is definitely intimidating when you look at how long each step can take. However, many of these steps such as sending the notice to creditors and the probate property sale can happen simultaneously. With the help of a top-notch attorney and an experienced probate real estate agent, you can considerably shorten the probate timeline. Unless the deceased had very limited assets, someone has to either get probate or letters of administration. Probate LawyerWhen you need a Utah Lawyer who specializes in Probate and Estate law, 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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Can My Husband Take My Retirement If We Divorce? How To Legally Get Out Of A Contract? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-long-does-it-take-for-probate-to-be-granted/ The Occupational Safety and Health Administration (OSHA) is a federal agency that establishes rules and handles matters relating to workplace health and safety. The agency also investigates employee complaints in order to determine whether regulations have been violated. The Occupational Safety and Health Act of 1970 set forth the regulatory framework under which Occupational Safety and Health Administration (OSHA) operates. Violations typically result in fines. The Act provides a number of rights to employees pertaining to their well-being, including protections against retaliation: OSHA LawUnless you are self-employed or fit one of the other narrow exceptions, you have the right to file a complaint against your employer for OSHA violations. If that employer takes adverse action soon after such a complaint is filed, such as a demotion or termination, the employee may have a whistleblower claim. A whistleblower is an employee who alerts the authorities about a potential violation of the law or the public trust. Since an OSHA violation may involve any number of existing federal laws, the time limits for filing a claim depend on that particular law. For instance, a railroad worker has 180 days in which to file a complaint under the Federal Rail Safety Act, while an employee has just 30 days in which to file a Clean Air Act complaint. If any adverse action is taken after filing such a complaint, you may file a whistleblower claim with OSHA within 30 days. How to respond in the face of a safety or health hazard in the workplace largely depends on whether it poses an imminent risk. If it indeed poses an imminent risk, the employee has the right to refuse that particular work-related task. The employee also has the right to refuse to return to work until the hazard is corrected. But if there is no imminent threat, the employee first should inform the employer of the problem — in writing. If the problem is not fixed within a reasonable amount of time, or if the employee experiences significant resistance, then a complaint may be filed with OSHA (or the appropriate agency). Remember, your employer may not legally retaliate against you for complaining of an OSHA violation. OSHA grants workers a host of rights designed to protect workers from injury, illness and death. Here is a sampling of your rights under OSHA: If you are injured on the job, here are some of the basic steps you should follow as quickly as possible to avoid further injury to yourself and others: Types of OSHA ViolationsThe Occupational Safety and Health Administration, or OSHA, enforces workplace safety in the United States. Businesses and work sites are subject to periodic OSHA inspections, and employee safety complaints can also trigger OSHA inspections. These inspections may detect violations of OSHA codes that range from minor to extremely hazardous. There are six specific categories of OSHA violations, each of which carries either a recommended or a mandatory penalty. What Is A De Minimis OSHA ViolationA de minimis violation is a technical violation of OSHA rules that have no direct impact on health or safety. It is the least serious class of violation, and inspectors do not levy fines or issue OSHA citations for these violations. Inspectors verbally inform employers about de minimis violations and list them on the employer’s case inspection file. A ladder with 13 inches between rungs rather than 12 inches is an example of a de minimis violation. OSHA Lawyer ConsultationWhen you need an OSHA Lawyer to help your business, 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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Title Issues In The Foreclosure Process Can My Husband Take My Retirement If We Divorce? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/employer-osha-law/ Retirement accounts are often one of the biggest assets in a divorce, and many people going through divorce worry about losing their retirement savings, especially if they are nearing retirement age. If you are going through a divorce and are wondering if there are ways to keep your entire pension during a divorce, the answer is yes, but only if you “buy out” any marital interest your spouse has in the asset. How Does a Pension Work?Pension plans are unique because they promise to give employees a set amount of retirement benefits for life. This is referred to as a defined-benefit plan. Unlike defined-contribution plans such as 401(k)s, employees do not have a role in contributing to the funds. Instead, employers are responsible for making contributions on the employee’s behalf. Earnings on these investments then fund income for the employee during retirement. Traditional pensions are not as common as they once were. Today, public sector employers tend to offer pensions while private sector employers tend to offer 401(k)s. Common types of pensions include: The Details of Your PlanYou will want to understand the details of your pension plan before agreeing to anything with your pension in a divorce, including how your benefits will be distributed, and if your plan includes a survivor’s benefit. For example, you may have the option to receive your pension-defined benefits in a lump-sum payment or monthly. Your plan might also have a single-life payout, which means the monthly payments would stop at your death, or a joint-life payout, which means the payments, would continue until your spouse’s death. You need to know both of these details before negotiating a property settlement. How Pensions Are Usually Calculated During a DivorceThere are two basic ways to treat a pension in a divorce: either both spouses can agree to share the monthly annuity payments (or lump-sum payment) during retirement, or they can divide the present value of the pension at the time of the divorce. Either way, it’s important to know what the pension is worth whether it’s the present-day value or what the benefit will be during retirement. There are special formulas that can be used to figure out both, though it can get complicated, especially if a portion of the pension is non-marital because it was earned before the marriage. You can use an online service to calculate the present value of the pension or get this information from an accountant or actuary. If you and your spouse choose to divide the present value of the pension, you can decide to offset your spouse’s share of the pension with other assets such as equity in the marital home. This “buy out” method is common. Qualified Domestic Relations OrderPensions are not automatically divided in a divorce. Usually, the spouse who is awarded part of a pension must obtain a qualified domestic relations order (QDRO) that can be submitted to the pension plan administrator. A QDRO informs the plan administrator how to divide the pension benefit when it comes time. A QDRO is something that is handled after a divorce is finalized, so it’s important to not let this task go undone (especially if you are the spouse who is receiving the retirement benefits). Tax ImplicationsFor the most part, property transfers incident to divorce are tax-free. Not all assets carry the same tax implications, so even when two assets appear to have the same value, the values could end up being very different after taxes are applied. For example, let’s say one spouse gets the marital home with $300,000 in equity as part of their property settlement, while the other spouse gets $300,000 in other assets. The spouse who got the home may be hit with capital gains tax if they decide to sell the home, making the settlement unequal. In the case of pensions, tax applies when the monthly benefit is paid during retirement. Therefore, it is wise to take the anticipated tax burden into account when figuring out an equitable property split. A Lawyer Can Help Protect Your PensionGoing through a divorce is stressful. Not only is an important relationship ending, but your assets and property have to be fairly split. You may be worried about your financial well-being and you could even be resentful about having to “share” your retirement savings with someone you may not think deserves it. How to Protect Your Pension in DivorceDivorce can take a substantial emotional toll, but it can also have a lasting impact on your financial status. Separating your assets from those of your spouse can be particularly tricky if your pension plan is at stake. Typically, a pension earned by one spouse is considered a joint asset of both, which means it’s subject to division in divorce. If a marital split is in the works, here’s what you can do to shield your pension benefits as much as possible. The first step in managing your pension while going through a divorce knows what the rules are for your state. While a pension can be divvied up between spouses during divorce, that division isn’t automatic. Your soon-to-be ex would have to make a specific request for a share of whatever you’ve accumulated before the divorce is finalized. Generally, the spouse would have to file a document known as a Qualified Domestic Relations Order (QDRO) before any financial benefit from a pension or other retirement accounts, such as a 401(k), can be granted. In terms of how much a husband or wife is entitled to, the rule of thumb is to divide pension benefits earned during the course of the marriage right down the middle. While that means your spouse would be able to lay claim to half, he or she would be limited to what was earned during the course of the marriage. If you were enrolled in a defined-benefit plan for 10 years prior to tying the knot, for example, any contributions you or your employer made on your behalf during that time wouldn’t count towards the amount a spouse could seek in a divorce. Once you’re familiar with the rules governing the division of pensions in your state, the next step is to take a closer look at how the plan works. There are two key elements to focus on here: the method by which payments are distributed, and whether the plan offers a survivor’s benefit. With a pension, you normally have a choice between receiving a lump-sum payment or a monthly annuity. If your plan features a single-life payout and you choose the annuity option, the payments would stop at your death. If the plan has a joint-life payout, the payments would continue for the life of the surviving spouse Dividing Assets at DivorceCouples can divorce later in life for the same reasons younger couples split up infidelity, financial pressures, regrets about earlier decisions, or a desire for greater independence. But when you’re over 50, these reasons are framed by aging and the realization that you have more years behind you than ahead of you. Older couples face unique aging-related issues that can factor into the decision to divorce including health concerns, tensions brought on by living in closer proximity in retirement, losing parents and friends, and even the unsettling loss of youth. While there are differences in the emotional impact of divorce for couples who end their marriage later in life, the biggest difference is that there is less time to recover financially, and this reality colors many of the issues that are unique to late-life divorce. If you’re filing for divorce later in life (or are just considering it), here’s a look at some of the challenges you might face. Part of the divorce process will be dividing your assets with your spouse. The market value of an asset isn’t always the only consideration when you’re making these decisions, because some assets will be more useful to you later in life than others. For example, you may have difficulty deciding who gets to keep the house for a number of reasons. Your HouseKeeping your house provides you with future benefits that might be more important the older you are because of the following factors. Social SecuritySocial Security benefits are not assets that a divorce court can divide, but the rules about benefits are relevant to your post-divorce income. If your marriage lasted 10 years or more and you’re 62 or older, you can collect retirement benefits on your former spouse’s Social Security record, without reducing your former spouse’s benefits, even after your divorce welcome news if you’ve been out of the workforce during your marriage. Also keep in mind: Financial Planning After DivorceMost of us plan to coast in our later years. If you suddenly find yourself getting divorced, you may also find you’ll be expected to live on less than you anticipated, in years where you earn less income. You may be forced to re-enter the workplace or work longer than expected. These are reasons why financial planning becomes crucial in late-life divorces. In particular, it makes sense to: Calculate living expenses. Having an accurate post-divorce budget will help you assess your income needs and figure out which assets best meet those needs. 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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Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/can-my-husband-take-my-retirement-if-we-divorce/ The short answer is yes – churches need lawyers in today’s world. In fact, it is not uncommon for churches to find themselves on the receiving end of a lawsuit. How well does your church handle the following issues that can result in litigation against churches? • Maintain Safe Facilities: Not maintaining church property in a safe condition is a top reason churches find themselves in a lawsuit. Are the facilities clean and free of tripping hazards? Are any sharp objects or dangerous chemicals within reach of children? Do doors get locked when rooms are not being used? Is their adequate lighting inside and outside the church? A lawsuit is all too likely to result when someone gets injured from an unsafe condition that the church failed to correct. Reasons Your Church Needs A Lawyer• Every new church planter should talk to a lawyer familiar with churches, and ask about forming a corporation or similar entity. The legal risks are too high and the solution is relatively easy. When Does A Church Need An Attorney?When someone is starting or joining leadership in a religious institution, legal considerations are often towards the bottom of the priority list. However, religious institutions of all faiths need to be aware of areas where they may need advice from a licensed attorney in order to best serve their membership and carry out their faith. Here are some of the most common areas where a church or other religious organization should consult an attorney. Church Governance And Property DisputesProperty and governance issues are often at the forefront in a church dispute: Church Lawyer ConsultationWhen you need a lawyer for your church 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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Personal Injury South Jordan Utah What Are Private Placement Securities? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/does-a-church-need-a-lawyer/ The city of Orem is located on the eastern shore of Utah Lake and extends on the east to Provo and the foothills of Mount Timpanogos. It shares the general location with Provo, and its history is closely related to that of Provo. Its recent explosive development and growth have resulted in Orem’s population exceeding 67,000 people, according to 1990 census figures. Prior to its incorporation, Orem was known as the “Provo bench,” and its fertile orchards and farmlands added to Provo’s early reputation as the “Garden City of Utah.” Orem was incorporated in 1919 because residents recognized the need to develop a water system for the area. Orem has little naturally occurring water, and local residents believed that Provo was unlikely to provide the public financing necessary to construct a water system. One of the first acts of the new town was to issue $110,000 in bonds to construct the water system, which solved the area’s long-standing shortage of water. The new town took its name from Walter Orem, the owner of the interurban railroad that ran between Salt Lake City and Provo, in an apparent attempt to curry the favor and attract the investments of this prosperous resident of Salt Lake City. Unlike many Utah towns and cities, Orem was not laid out in regular city blocks with houses clustered closely together. Instead, Orem’s origins are in homesteads settled along the territorial highway (now State Street) and along other substantial arteries where area farmers built their homes and to live near their fields and orchards. As prime farmland along primary roads was taken, farms sprang up in other parts of the “bench” that is now Orem, and rural roads soon crisscrossed the area connecting the farms. This type of development, known in Utah as the “Gentile manner,” differed from typical historical development by Mormons, who were often counseled by church leaders to live in the city and cultivate farmland outside its limits. One of the cohesive influences in Orem has been the Sharon Community Educational and Recreational Association, better known as SCERA. SCERA was created in 1933 under the guidance of Arthur V. Watkins, then president of the LDS Sharon Stake and later a United States Senator from Utah, as a substantial community effort at “planned and organized recreation.” SCERA has fulfilled much of its anticipated role in the city since its birth in the depths of the Great Depression. The first major evolution of Orem began in the early 1940s when the Geneva Steel Works was constructed by the federal government as an inland producer of steel. Built along the eastern shore of Utah Lake, Geneva has provided employment to many local residents, either directly or indirectly. In recent times, Geneva has spawned controversy because of increasing concerns over environmental damage caused by the plant and related concerns about lost employment which would be caused by the shutdown of the plant. USX Corporation, the former owner of Geneva, ceased active production of steel at the plant for a brief period in the mid-1980s and then sold the plant to a small group of investors who revived operations. The second major change to the landscape of Orem came as many of its farms were converted to shopping centers and malls along State Street and the University Parkway, the intersection of which now probably stands as the focal point of the metropolitan Orem/Provo area. First the University Mall and later other malls attracted business away from downtown Provo, historically the central shopping area of Utah Valley. Little successful central planning has taken place in Orem, and it is as much without a central core now as it was when it was known as the Provo bench. Pockets of commercial and residential development dot the expansive area that is Orem. The third major evolution of Orem has been caused by the city’s recent development as a center of computer technology and development. Giant WordPerfect Corporation, founded by a former Brigham Young University professor and one of his graduate students and headquartered in Orem, has provided the impetus for the creation of other computer software companies in the city. A fledgling entertainment industry, begun with the construction of Osmond Studios in northeast Orem, has also helped change the face of Orem. Many of the past developments in Orem can be seen in the city’s present form. Orem’s proximity to the Wasatch Mountains and Utah Lake make it an all-season center of recreation. Geneva remains a large employer and a center of controversy. Often unchecked commercial development of the city continues. New high tech firms such as WordPerfect now compete with Geneva as the largest private employers in the city. Orem has come a long way from its days as the sleepy unincorporated Provo bench and even from its early days as an incorporated town comprised of scattered farms and orchards. It is now a vital city that must confront the issues that urbanization brings. Divorce In Orem, UtahYou need to be certain about your decision to divorce before you tell your spouse or prepare to file the necessary paperwork because couples rarely turn back once the divorce process starts. It may be worth trying marriage counseling or other forms of reconciliation if you believe your marriage can still be saved. Even when the evidence shows that you need to divorce, it can be difficult to accept that conclusion. If you are uncertain about whether you should divorce, the following signs suggest that your marriage is beyond repair: How Common is Divorce and What are the Reasons?Divorce is very common in Utah with almost half of all marriages ending in divorce or permanent separation. Commitment has been shown to be a clear factor in why some couples stay together. There are times when divorce is necessary, but those in other circumstances often later indicate they wish they would have tried harder before divorcing. There are many factors that place a couple at higher risk for divorce. Researchers estimate that 40%-50% of all first marriages will end in divorce or permanent separation and about 60% – 65% of second marriages will end in divorce. Although divorce has always been a part of American society, divorce has become more common in the last 50 years. Changes in the laws have made divorce much easier. The highest divorce rates ever recorded were in the 1970s and early 1980s. Divorce rates have decreased since that time, but still remain high. Over the years, researchers have determined certain factors that put people at higher risk for divorce: marrying young, limited education and income, living together before a commitment to marriage, premarital pregnancy, no religious affiliation, coming from a divorced family, and feelings of insecurity. Common Reasons People Give For Their Divorce In OremResearch has found the most common reasons people give for their divorce are lack of commitment, too much arguing, infidelity, marrying too young, unrealistic expectations, lack of equality in the relationship, lack of preparation for marriage, and abuse. Many of the common reasons people give for their divorce can fall under the umbrella of no longer being in love. Research suggests the nature of love changes over time. If you feel as if you have fallen out of love, marriage counseling may help offer a new perspective that will help you rediscover that love. Why is commitment so important?Commitment is “having a long-term view of the marriage that helps us not get overwhelmed by the problems and challenges we experience day to day.” Having a personal dedication to your marriage involves a real desire to be together with one’s spouse in the future and having an identity as a couple. When there is a high level of commitment in a relationship, we feel safer and are willing to give more. Developing this level of commitment can take time as you learn to change your mindset. When your level of commitment seems to be fading it can be helpful to remember the good times in your relationship. Some couples are faced with very difficult situations, such as abuse, infidelity, or addictions. Each of these situations deserves special consideration: How to Divorce In OremYou’ve decided you’re ready to get divorced, but what do you need to do next? You need to learn how the process works. While divorce is generally an adversarial action, pitting spouse against spouse, the following articles and legal resources are tailored toward helping individuals navigate the process as smoothly as possible. Legal Requirements to DivorceYou first need to consider where to file for divorce. Typically, this is the county and state where one or both of you live. First, determine if you meet the state’s residency requirements. If you or your spouse is in the military, you may file where currently stationed. However, there are rules to protect active duty service members from civil lawsuits. Completing and Filing Divorce PetitionsTo complete the divorce petition, first consider whether you want a “no fault” or “fault” divorce. Fault divorces are for things such as abuse or adultery. If you don’t have any kids or many assets, you could get a “summary” divorce. With children, there’s child custody and child support papers to complete. You can complete divorce forms on your own, at a self-help legal clinic, or with a lawyer. As you don’t want to unnecessarily waive your marital property, spousal support, or other rights, seeking legal advice is a good idea, especially if you have many assets. Serving Divorce Papers In Orem UtahOnce you’ve filed your divorce papers at court, you have to “serve” them on your spouse. Generally, this means another adult must physically give the papers to your spouse. You can use professional servers or save money by having a friend serve the papers for you. If domestic violence is involved, the police in some counties will serve the papers, without charging the usual fee. Answering a Divorce PetitionMaybe your spouse just served you with dissolution papers. You still have the opportunity to tell the court what you do and don’t want in the divorce. Take care to “answer” within the deadline set by state law. In responding, you can fill out the court forms yourself, at a legal clinic, or with the help of an experienced divorce lawyer. If there are disagreements about what to do with children or property, consider hiring an attorney. Mediation and Settling a Divorce CaseMany divorces settle with an agreement both parties can live with. Many states require mediation to help reach a property settlement and a parenting plan everyone can follow. Even without a formal program, you and your spouse can use a “collaborative” divorce process from the beginning or can use an “alternative dispute resolution” specialist to help you settle your divorce, read more by clicking the links below. Orem Utah Trial and AppealsIf your case goes to trial, you’ll need to present evidence, possibly including testimony from witnesses, so the judge can decide a property settlement for you. It will be easier if you’re represented by an attorney at trial. It’s also possible you want to appeal or modify a divorce judgment. Orem Utah Divorce LawyerWhen you need a divorce in Orem, Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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