There are two ways to legally end a marriage in the Utah courts — annulment and divorce. An annulment is a legal procedure which cancels a marriage. Annulling a marriage is as though it is completely erased, legally, and it declares that the marriage never technically existed and was never valid. Like it never ever happened. Period. A divorce, or legal dissolution of a marriage, is the ending of a valid marriage, returning both parties to single status with the ability to remarry. While each individual state has its own laws regarding grounds for marriage annulment or divorce, certain requirements apply nationwide. An annulment case can be initiated by either party in a marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. The following is a list of common grounds for annulment and a short explanation of each point:
Depending on your state of residence, a divorce can be much more complicated than an annulment. Like annulment cases, each state has its own set of laws regarding divorce. In most divorce cases, marital assets are divided and debts are settled. If the marriage has produced children, a divorce proceeding determines custody of the children, visitation rights and spousal and child support issues. Each state can have either a no fault divorce or a fault divorce. A no-fault divorce allows the dissolution of a legal marriage with neither spouse being named the “guilty party” or the cause for the marital break-up. Many states now offer the “no-fault” divorce option, dissolution of a legal marriage in which neither party accepts blame for the marital break-up. In the absence of a “guilty party,” some states require a waiting period of a legal separation before a no-fault divorce can take place. For this reason, in addition to cases where one spouse wishes to assign blame, some parties seek to expedite the legal process by pursuing a traditional, fault divorce. A fault divorce is only granted when one spouse can prove adequate grounds. Like an annulment, these grounds vary from state to state; however, there are some overarching commonalities. These guidelines often include addition to drugs, alcohol or gambling, incurable mental illness, and conviction of a crime. The major grounds for divorce that apply in every state are listed below:
Reasons for Divorce or Annulment There are different reasons for pursuing a divorce versus an annulment. At the core, ending a marriage is generally because one or both spouses want to leave the union. But, a divorce, which is much more common, is sought when the parties acknowledge that the marriage existed, and an annulment is sought when one or both of the spouses believe that there was something legally invalid about the marriage in the first place. Divorce: Depending on state laws, there may be evidence required in order for a court to grant a divorce. Generally, a no-fault divorce, in which both parties agree to end the marriage, is becoming common, although the divorcing couples may still have disputes about property, finances, child custody, and more that must be settled through court orders. Annulment: An annulment ends a marriage that at least one of the parties believe should never have taken place. If the marriage took place despite unknown facts, such as a secret child, or even a secret illness, it may be a marriage that is voidable. An annulment can also end a marriage if the marriage was not legal to begin with, making it void. This might occur if issues such as bigamy or incest made the marriage illegal. After a Divorce or Annulment Legal experts explain that, among the differences between the two types of marriage dissolution, the marriage is never considered to have legally happened after an annulment. In simple terms, An annulment essentially turns back time so that the act of marriage never happened. The main benefit of annulment is the law treats the marriage as if it never existed. It’s over, and there are no further issues to deal with. Divorce, on the other hand, may mean involvement with your ex-spouse for years to come on issues such as support, property division and raising children. Annulment isn’t for everyone. Only a small percentage of those who are married can even qualify for one. Finances After a divorce, spouses are often entitled to a certain number of years of spousal support, alimony, or a portion of each others’ profits or property gained during the marriage. With an annulment, in contrast, the parties are not really considered to have been valid spouses and are not entitled to these same rights. Length of Time of the Marriage Often, people assume that a very brief marriage can be ended with an annulment due to the short duration. However, legal experts disagree. While many states will not grant an annulment after a maximum length of time, there is not an automatic annulment granted to end a marriage because the couple wants to end it after a short period of time. Annulments are only granted when the marriage is void or one spouse misled the other spouse regarding a material fact prior to the marriage. Annulments are granted based upon very limited statutory grounds such as fraud, duress, mental incapacity such as (intoxication), failure to consummate, and incidents which involve prohibited marriages such as bigamy or close blood relatives. The length of the marriage is irrelevant when it comes to annulments. Both types of marriage dissolution can be fairly complicated from a legal standpoint, requiring costly and lengthy legal proceedings. Yet, either a divorce or an annulment can also be simple and low-cost if both parties agree to end the union without too many disputes or disagreements about how to do so. Religious Rules Many religions that have guidelines regarding divorce and annulment. Often, permission is granted by religious clergy or by written guidelines. Obtaining permission to have an annulment or a divorce from your religious leaders is usually a completely separate process from the legal process. The rules regarding divorce and annulment in your religion often determine whether one, both or neither of the partners has permission to marry again within the religion or in a religious ceremony or to participate in religious rituals. A court of law may consider your religious marital status but does not have to recognize the religious determinations when making rulings about spousal support, property disputes, or any other legal issues. A family court judge may issue an annulment at the request of one individual, or at the couple’s mutual request. Generally, a judge will be inclined to grant the annulment request if the parties agree to an annulment, and to the reason(s) for why the annulment is sought, however, in many instances, only one party seeks an annulment. A party that seeks an annulment can do so by bringing an annulment action in family court. If the other person does not want an annulment or does not believe there are grounds for one, the judge will hold a hearing. At the hearing, the judge will consider evidence from both sides as to whether an annulment can be granted. Typically, these hearings are not held before a jury. Annulled marriages are regarded as though they never existed. Therefore, courts faced with how to divide assets in an annulment situation attempt try to leave the couple in the same financial it was in before the marriage ever happened. This means that if the parties did not have any marital assets, the parties will each be left with whatever money or property they brought to the marriage with them on their own. Sometimes, couples obtain shared property or assets before the annulment. Courts must decide how the property should be divided. Generally, courts divide shared property, and shared debt, on an equitable basis, or equitably. In equitably dividing assets and debt, courts look at the facts and circumstances in each case. Courts attempt to reach an equitable, or fair, resolution. A fair resolution for both parties involves taking each party’s specific needs (including financial needs) and circumstances into account. Generally, children born to a couple whose marriage is later annulled are considered legitimate. In other words, after the annulment, both parties to the annulled marriage are the legal parents of a child, just as they would be had the marriage ended in divorce. If, upon annulment, there are child support and child custody issues, courts will generally apply the state’s laws regarding divorced couple child support and custody issues. Generally, there is no period of time (e.g., three years, ten years) after the marriage by which an annulment must be sought. Practical considerations, however, might make obtaining an annulment earlier, rather than later, a prudent idea. The longer a party or couple waits or decides to request an annulment, the more complicated it becomes for a court to equitably divide assets and work out child custody and support issues. A party who brings an action for annulment later rather than sooner may have harder time presenting evidence. This is because, among other reasons, memories fade, details are forgotten, and witnesses may die or become unavailable, with the passage of time. Also, many people seek an annulment to escape a social or religious stigma of divorce. Delay or wait in obtaining an annulment is, in effect, a delay in a person’s ability to remarry, whether they wish to do so consistently with their faith or for other reasons unique to the individual. How to Be Eligible for an Annulment While a divorce terminates a legal marriage, an annulment means that the marriage never existed legally. To qualify for an annulment, a marriage must be legally void or voidable. Void means that it is not valid, while voidable means that a court can declare it to be invalid if it is challenged. To be eligible for an annulment you must be able to prove one of the specific grounds to establish that your marriage is void or voidable. Otherwise, eligibility for an annulment is simple. However, many states require strict proof to declare an annulment. Step 1: Meet one of the legal grounds for annulment. Although the grounds vary from state to state, several reasons for annulment are common to all states. If a spouse did not have the legal capacity or the legal intent to enter into the marriage, an annulment is possible. Some common reasons that a spouse does not have the legal capacity to marry include a preexisting marriage, mental incapacity or being underage. Another reason is consanguinity, or a marriage between close relatives, which is illegal. Step 2: Determine if you were married without the proper intent, as an alternative to lacking the capacity to marry. A person who marries under fraudulent circumstances or under duress lacks the proper intent to enter into a marriage. For example, a person with false identity commits fraud if he marries someone who has no knowledge of his true identity. Another example is a sham marriage, in which the parties marry to deceive a government or corporate entity. A marriage that has not been consummated by physical relations can be annulled in some states. Step 3: Be the innocent spouse in your marriage in order to file for an annulment. In some states and under certain circumstances, the wrongdoer in a marriage cannot be the plaintiff in a lawsuit for annulment. For example, if a man forced you to marry him under duress, he cannot file for annulment himself. Or, if you were tricked into marrying someone but remained married after you learned the truth, you cannot file for an annulment in many states because your actions retroactively approved the marriage agreement. Step 4: Meet the residency requirements for the county and state where you seek an annulment. Usually, you or your spouse must have lived in the county for at least 90 days prior to filing for an annulment. Many states require a much longer period of residency. A lawyer or other officer of the court can tell you if you meet the residency requirements. Step 5: Meet your state’s statute of limitations for annulment. For example, you might have to file within 90 days of the wedding ceremony, depending on the reason you are filing. You can find out if your state requires you to file within a certain time frame by consulting a lawyer. Annulment and Divorce Lawyer Free ConsultationIf you need to get either a divorce or an annulment in Utah, please call Ascent Law at (801) 676-5506 for your Free Consultation. We will 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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Family Lawyer Woods Cross Utah Does Bankruptcy Affect Divorce? via Michael Anderson https://www.ascentlawfirm.com/should-i-get-a-divorce-or-an-annulment/
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Many businesses in Magna, Utah are using licensing agreements to grow. Don’t be left behind. However licensing is a complex process. You will need the services of an experienced Magna, Utah corporate lawyer. When you need help with starting a business, closing a company, corporate governance, mergers, acquisitions, purchases, sales, LLCs, etc. Please make sure you call Ascent Law LLC for your free business consultation. Licensing AgreementEvery licensing arrangement has a number of advantages and disadvantages to both the licensor and the licensee. This may be largely attributed to the fact that the lease of the intellectual property rights covered by the license agreement creates a form of reliance between the parties and, to some extent, restricts their independence with regard to commercial activities in a particular area. As a result, it is important that you consult with a Magna, Utah corporate lawyer to assess the objectives and skills of the other party prior. General Advantages of a Licensing ArrangementThe parties to a licensing arrangement may have a number of different objectives. Certainly, for a licensor, one of the goals is to realize revenues from the use of technology by the licensee which can be offset against any of the expenses associated with the development or acquisition of the subject technology. From the licensee’s perspective, a licensing agreement often represents a cost-effective method for accessing new technologies that fit into the licensee’s overall strategic business plans. For both parties, the license should facilitate the creation of a relationship in which each party is permitted to contribute its specific strengths while, at the same time, taking steps to minimize any weaknesses or functional limitations in its own competitive capabilities. Access to Vertical CapabilitiesThe “life cycle” for any product requires successive focus upon such disparate capabilities as research and development, the refinement of products for production, acquisition and processing of raw or semi-finished materials, manufacturing, distribution, sales and marketing, and service. In those cases where a firm may lack the financial or managerial resources to independently fulfill each of the tasks needed to bring a product to market, a licensing arrangement with one or more parties can provide the firm with the required access to other vertical capabilities to allow the firm to fully exploit it current strengths. For example, a firm may possess the technical skills for the development of new products yet lack the financing and facilities required for large-scale production and manufacturing. However, if the firm is able to license the technology to a firm with the resources capable of producing the new products on the requisite scale, it is then able to exploit its technical skills without taking on the costs and risks of developing its own production capability. The firm might consider using the proceeds from the sale of the various new products to finance the acquisition of its own manufacturing function. If this is the case, the licensor will seek to structure the original license so that the manufacturing rights revert to the licensor when it is ready to take over production itself. Technology Acquisition and ExchangeA firm may look at a licensing arrangement as a means of acquiring new or existing technology that may be needed in order for the firm to lawfully continue its own development and product sales efforts. Given the rapid technical changes that sweep across almost every industry, even the largest firm may no longer be able to keep pace with research in all areas. As a result, firms will maintain their technological portfolio through licensing arrangements with other commercial entities, universities, and research organizations, including entities located outside of the United States, without subjecting themselves to the costs and risks associated with new development efforts. Licensing also presents an attractive vehicle for exchanging technology and marketing information between the licensor and the licensee. For example, a licensor may grant a license to a licensee actively involved in research and development activities which may result in enhancement and improvements to the licensed technology. By using grant-back clauses, which provide for a license from the licensee to the licensor of any improvements made to the basic technology, it is possible for the original licensor to minimize the costs associated with further development of the technology. Similarly, the grant of a license for the sale and distribution of the licensor’s products may also permit the licensor to gain valuable information about new markets. Market PenetrationMarket penetration is one of the primary attractions of a licensing arrangement for both parties. For a firm that lacks the distribution network necessary to sell its new products in a given market, a licensing agreement with an experienced distributor will facilitate rapid market entry and allow the licensor to generate revenue from sales in a new market without the need to commit any significant new capital to the development of a direct sales force. From the distributor’s perspective, the licensing agreement may allow it to use its sales channels to distribute a line of products that might not have otherwise been available through its internal development efforts or allow it to exploit the reputation and goodwill associated with the licensor’s products. Even in those cases where the licensor may have some sales capability, there will be situations where it is more efficient to engage licensees with specific expertise in a given geographic or product market. However, the success of this type of strategy depends, in large part, upon the skills of the licensee. As such, the licensor may want to retain the ability to alter its sales strategies in the market, including the option to make a direct investment, either in the form of a wholly owned operation or as a more formal joint venture, with the licensee or a new partner. Neutralizing and Blocking PatentsA firm may develop technology that, if properly exploited, might conflict with the existing patent rights of other firms. In those cases, the firm may consider entering into a cross-licensing agreement with the firms holding the blocking patents in order to ensure that the technology can be utilized to its fullest extent without concern about an infringement action. An arrangement of this type may be quite expensive, and the firm should investigate the possibility of blocking patents before any significant amount of resources are expended on research and development activities. Moreover, cross-licensing arrangements raise a number of antitrust issues, depending upon the size of the market and the relative positions of the firms. Local Regulatory RequirementsIn order to enter a new foreign market, licensing, rather than direct investment, may be necessary in order to satisfy local customs and to comply with any governmental decrees regulating the participation of foreign firms in a specific market. For example, a number of countries have enacted laws to encourage development and expansion of local industry and reduce the degree of dependence on the use of imported technology. In such cases, licensing will be the only way to penetrate the local market, since any direct investment by foreign firms in those industrial sectors targeted for “self-sufficiency” will be limited or restricted. Moreover, even in those cases where a firm is permitted to make a direct investment, it may be prudent to enter into various license agreements that provide access to existing distribution channels of local firms, many of whom may receive, directly or indirectly, some form of government assistance. Protection of Intellectual Property RightsLicensing may be required in order to preserve the protection of inventions and other items under the intellectual property laws of a number of foreign countries. For example, many countries will require that the holder of a patent granted under local law must actually work or exploit the patented invention in the local market or forfeit the exclusive rights generally associated with the grant of a patent. In such cases, the holder of the patent will license a local firm to work the patent in order to avoid any action by the local authorities to grant a compulsory license of the patent to local firms, thereby severely undercutting the value of the patent rights to the original inventor. Cost ReductionLicensing is now a common strategy for firms seeking to control or reduce their manufacturing costs with respect to any new products that utilize technology developed by the firm. In recent years, firms have licensed foreign firms to manufacture products at a fraction of the cost that would be incurred by the licensor. A strategy of this type allows the firm to maintain its market share, lower its overall costs, and improve its margins, while avoiding the need to constantly reconfigure and rehabilitate its own production capabilities. Enhancing Cash Flow and HarvestingWhile licensing agreements are usually entered into for at least one of the broader strategic reasons above, it often makes sense to grant a license simply to generate additional cash flow from the technology in the form of royalties and fees. These types of licenses are particularly appropriate when the firm is seeking to “harvest” its previous investment in a given area and has no further desire to continue with development work, perhaps due to the costs associated with keeping up with new technologies or a broader change in the strategic objectives of the firm. Just as it is essential to understand the specific goals and objectives pursued within the licensing strategy, notice needs to be taken of the various disadvantages to the licensor and the licensee that may arise out of the relationship. Obviously, licensing, like any other form of strategic business relationship, creates a material degree of interdependence between two firms with distinct cultures and business objectives. However, certain other factors must also be considered, including the very real possibility of creating a new competitor. Except for the situation where the license is granted as a part of the licensor’s harvesting strategy, a license arrangement is generally chosen when it fulfills a specific strategic need of one or both of the parties. For example, a licensor may enter an arrangement with a licensee to distribute the licensor’s products in a specified market when the licensor believes that it would be too costly or risky for the licensor to attempt to engage in any direct sales efforts in the market. Accordingly, the licensor is dependent upon the licensee to assist the licensor in recovering its initial investment and achieve acceptable market acceptance for its products. As such, a good deal of care must be taken by the licensor in selecting the licensee, since any mistakes made by the licensee may lead to a loss of the market opportunity to another firm or a reduction in revenues such that the entire investment in the development cannot be recovered. Both of the parties to a prospective licensing agreement should carefully investigate the relevant skills and resources of the other party. For example, a licensor seeking a distribution partner must understand both the technical and marketing capability of the potential licensee in order to determine the likelihood that the distributor will be able to achieve the required level of sales over the term of the arrangement. In addition, an effort should be made to determine whether the marketing efforts of the distributor will be compatible with the perceived quality of the products of the licensor. Finally, the licensor will want to make sure that it will not be called upon to expend an inordinate amount of effort in providing technical assistance to the licensee, since the hidden costs associated with this type of activity may reduce the overall benefits from the arrangement. The risks and uncertainties of dependence on the performance of the other party to the licensing arrangement can be particularly acute when the parties differ substantially in size and maturity. For example, a start-up firm with a single new product may well be forced to rely on the manufacturing and distribution capabilities of a larger, established firm in the industry. Many Utah businesses have grown significantly using licensing agreements. Your business too can benefit significantly by using licensing agreements. An experienced and seasoned Magna, Utah corporate lawyer can provide you with invaluable advice when it comes to growing your business using licensing agreements. The lawyer will ensure that you get the best deal from the licensing agreement. Magna Utah Corporate Lawyer Free ConsultationWhen you need legal help with your business, corporation, nonprofit, LLC, or partnership, 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
4.9 stars – based on 67 reviews
Family Lawyer Woods Cross Utah Avoiding A Contentious Divorce via Michael Anderson https://www.ascentlawfirm.com/corporate-lawyer-magna-utah/ Consult an experienced Woods Cross Utah family lawyer if anyone close to you has been diagnosed with Alzheimer’s. It’s important that the person take certain decision as he may lose the ability to do so as the disease progresses. It’s important to take steps to preserve his legal right and his right to self-determination. Alzheimer’s disease is a condition in which some common symptoms of aging in the central nervous system are seen at an earlier age than in most of the population, and in an accelerated and virulent manner. In his original published description, in the first decade of this century, Alzheimer defined the syndrome by the occurrence of certain characteristic markers, called tangles and plaques, found in high concentrations in certain areas of the brain at post mortem examination. There are also characteristic behaviors, and a typical clinical course, that can be used to make a diagnosis of Alzheimer’s disease while the person is still alive. The second stage of Alzheimer’s disease is marked by more alarming changes. Pacing is common; wandering away from residence or workshop (with or without a specific destination in mind) is worrisome, especially if the person becomes repeatedly lost. There is usually some confusion about the names of familiar people, although the ability visually to distinguish strangers remains for a longer time. Urinary incontinence becomes frequent and fecal incontinence follows. A regular toileting schedule is helpful for a while, then a need for diapers is usual. The same repetitive remarks are made over and over, and the same conversations will be initiated. As short-term memory is less and less functional, the ability to learn also is lost; one cannot learn if memory will not sustain the new material. Episodes of hitting or other physical assault can appear in this second stage when the person is confused and overwhelmed by too much stimulation or too high expectations. Simplification of the environment and of expected performance becomes essential to prevent these dangerous “catastrophic reactions.” Abilities to perform activities of self-care–toileting, dressing, bathing, feeding–are lost gradually. There may be episodes of choking on food; early in the second stage choking is usually related to an increased appetite and stuffing food into the mouth (and chewing inefficiently); later the choking is related more to dysfunctions of swallowing, throat clearing, and coughing. An additional common symptom of the second stage is wakefulness at night. Usually the person will go to bed at an ordinary hour and fall asleep without difficulty, only to waken around midnight and not be able to go back to sleep; often the person will arise, dress, and attempt to leave for work or the day program. This second phase again can go by rather fast–over as short a period as six months–or can be drawn out over six years or so. The third stage of the disease is marked by loss of the ability to walk; the person becomes chair–and bed-bound. There is no treatment for Alzheimer’s disease at this time. Psychoactive drugs are rarely needed to manage hyper-aggressive hitting or kicking. Antidepressant medication will sometimes relieve a concomitant depression. No drug treatment has been found that will reliably reverse, or even significantly slow, the course of this debilitating disease. In our concern for the safety and physical well-being of a person with Alzheimer’s, it is easy to overlook the rights of the patient to self-determination. Protecting the rights of people with Alzheimer’s disease requires care and planning so that patients’ wishes may be honored when they can no longer make these wishes known. Speak to an experienced Woods Cross Utah family lawyer to know how you can assist you relative with Alzheimer’s. Two topics relating to patient rights have particular relevance to the person with mental retardation who has Alzheimer’s disease: competence and informed consent. CompetenceThe whole issue of competence and what it means has been repeatedly debated, and different experts use very different tests to arrive at a judgment. (See Chapter 23) In the case of Alzheimer’s disease, “the notions of limited competence and intermittent competence are useful, because they require a statement of the precise decisions a person can make, while avoiding the false dichotomy of ‘either competent or incompetent.’ Use of these notions preserves maximum autonomy, justifying intervention only in those instances where a person clearly is of questionable competence.” 1 In assessing the competence of a person with mental retardation who may have Alzheimer’s, effort should be made to communicate in terms that the client himself has used in the past. If new information is introduced, such as alternative living arrangements or proposed medical testing, the use of examples that relate to the client’s own experiences would help to clarify explanations. Caregivers are vitally important in the preservation of client rights because they can explain to unfamiliar professionals the client’s usual style of communication, her current experiences, and her past history. Thus, competencies may be judged within the context of the individual’s life experience. Probably the most important aspect of protecting the rights of the person developing Alzheimer’s is discussion about and selection of an appropriate surrogate decision-maker for a future time when the client may not be considered competent. In the very early stages of dementia the individual could name a person whom she knows well, trusts, and who is capable, willing, and available to make decisions for her, consistent with her wishes. The surrogate could be a relative, a caregiver, an advocate–basically, someone known to the client who would spend time learning what she would want and what she would refuse regarding care and medical treatment. The client may clearly state her desires, and a written record may be established at this time for future reference. For example, an individual may express the wish to continue working as long as possible, or may wish to retire early to pursue enjoyable hobbies. Living arrangements can be discussed, and the client may describe those relationships that are most important in her life. Close friendships and the many years of companionship of a roommate or housemate are important factors in considering environmental changes. While competent, the person should be asked what she wants for herself and should also be offered realistic alternatives. The client may formalize his choice of a surrogate decision-maker through execution of a Power of Attorney. To execute a valid Power of Attorney, a person must be competent. Thus, it is important to address this issue in the early stages of suspected Alzheimer’s disease, before competence is seriously challenged. The concept of “limited” competencies recognizes that a person may be competent to appoint a trusted friend to make medical decisions for him while, at the same time, be incompetent to give his own adequately informed consent to treatment. In today’s world of complex medical technology it is difficult for many patients, especially under the stress of illness, to comprehend full explanations of proposed diagnostic and treatment procedures, purposes, and possible consequences. It is, therefore, particularly helpful to the person with mental retardation to appoint a trusted representative to make medical decisions for him when he is incapacitated due to intermittent symptoms of Alzheimer’s, or simply when medical information is too complex. The Power of Attorney provides greater autonomy to the client than other forms of proxy decision-making because the person who may later become incompetent may choose the surrogate herself, may authorize specific types of decisions, and may discuss and document her wishes before she becomes incapacitated. The Power of Attorney also allows her to nominate her own conservator or guardian for the time when she can no longer handle her estate or personal decisions. Other proxy decision-makers are usually appointed when the client has already been found incompetent. Legally authorized guardians are responsible for making decisions in the “best interest” of the ward rather than by considering what the previously competent person would want on the basis of past history and preferences, expressed or implied, prior to dementia (i.e., substituted judgment). Informed ConsentNon-emergency medical treatment requires the informed consent of the patient; this is a matter of particular concern in protecting the rights of people with mental retardation who have Alzheimer’s disease. To be valid, informed consent requires three conditions: first, the patient must be competent; second, consent must be voluntary; third, the patient must be informed of all the risks, benefits, discomforts, and all other likely consequences of the treatment. The first requirement of informed, competent consent has already been discussed, and every effort should be made to allow the patient to make his own decisions as long as periods of competence continue. The second requirement, voluntariness, presents a problem for people who are old and live in nursing homes, other institutional settings, or as a household dependent. Authority figures, even family members, may convey a sense of coercion to an elderly person who may also fear punitive consequences for refusal of treatment. The third component of informed consent requires that the patient be told all the risks, benefits, discomforts, and other likely consequences of the treatment. Estate PlanningIf your near and dear one has been diagnosed with Alzheimer’s, you should consult an experienced Woods Cross Utah family lawyer so that the patient can take certain decisions that could impact his or her life as well as yours. The patient should be made aware of the estate planning tools available and how he or she can use them. Of course, it is the patient’s decision whether or not to use them. Just because someone is suffering from Alzheimer’s it does not necessarily mean that he or she should have a will or a trust set up. However, having them does help. An experienced Woods Cross Utah family lawyer will seek information from the patient, as well. Several brief interviews are more likely to elicit a full array of information than is a single prolonged examination. Brief interviews can be conducted in any setting–the client’s residence or workshop, while taking a walk. The client may be more comfortable and more revealing in a setting that is familiar to her. Woods Cross Utah Family Law Attorney Free ConsultationWhen you need legal help for family law, such as divorce, child custody, adoption, guardianship, estate planning, etc., 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
4.9 stars – based on 67 reviews
What Is The Average Cost Of Divorce In Utah? via Michael Anderson https://www.ascentlawfirm.com/family-lawyer-woods-cross-utah/ Bad credit spells tough life, period. And that is probably why you want to know how to regain a good credit standing. Whether you are already in bad credit, or you see yourself heading there, or even if you have no credit history at all, the information I’m just about to share will give you much insight on how credit repair works. Before delving into the core of the matter, allow me to first show you how life gets tough with bad credit. Negative effects of bad creditBad credit has far reaching consequences. It is just too bad that people find themselves in bad credit. If it were avoidable, well and good, nobody would be in such a mess. But life at times gets to a point you have to default a loan. Life pushes you to the corner and you have to skip that mortgage payment, not just for a month, but for 2 or even 10. So you finally end up with this unimaginable credit score. You ask, what are the consequences of a bad credit score? Let us look at the 5 most alarming ones. 1. You will find it very difficult to start your own businessSetting up your own business requires some form of credit, unless you are overly financially endowed. Access to credit facilities also helps when you run into cash flow difficulties in the course of running the business. Bad credit denies you the much needed access to such credit facilities 2. Limited access to utilitiesThe firms that deal with provision of utilities such as cable internet, electricity and phone network normally check your credit standing when you declare an intent to sign up for their services. Bad credit will force them to require you to pay huge deposits. 3. High interest rates on creditsThe financial society has already lost some trust in you. If financiers and suppliers decide to give you any credit, they will do so at higher interest rates than they offer to others. Sounds discriminatory, but that is the truth of the matter. 4. Difficulties in securing rental housesWhat Landlord would rent his apartment to you if he knows for sure you are a defaulter? Your guess is true – few. The real estate sector involves humongous investments and no home owner is ready to lose even a cent. 5. No employmentMany employers will shy away from bringing on board a marked defaulter. They argue that your bad credit standing may negatively affect your job performance. This said, the aim of every individual in such a financial state should be to get out of the predicament and return to normal life. You may employ a variety of strategies. These include:
Let me elaborate these strategies one by one: Seeking services of a credit repair companyWhen in bad credit, you can contact credit repair companies to help you gey out of the mess. With a good search, you can find reputable companies that have mastered the art of improving people’s credit scores. How is this possible? They do this in 3 simple steps:
Such companies have helped many individuals get out of their debts. The advice they give is also worth the try. Of course they require some monthly payment for you to enjoy their services. As an individual, you may not have the know how or the confidence to dispute certain items. Time may also be a constraint on your side. Think of moving from office to office to get all these issues dealt with. So go ahead and hire their services if you are such kind of a person. I am saying so because in the next strategy, I will disclose how you can personally do what these credit repair companies do. When hiring the credit repair companies, make sure to closely examine the list of services they claim to offer. You will come across terms such as:
We will not get into the finer details of these services. We now move to the do-it-yourself strategy: Do-it-yourself credit repairThe good news with bad credit is that you can handle it all on your own. Just depends on how handy and aggressive you are. To do this, follow the 2 steps outlined below. 1. Obtain your credit reportsThis is the first thing you ought to do in your journey to recovery bad credit. You will need the full credit reports from the three credit bureaus – TransUnion, Experian and Equifax. The AnnualCreditReport website offers the reports for free, but just once a year. If you so wish, you may call the Telephone line 1-877-322-8228 to make inquiries. There are also some apps on Google Playstore which are able to track your credit score. Such include the Credit Karma, CreditWise, myFICO, Experian, and Credit Sesame, among many others. A credit score of 800 is very good. Anything above 700 is considered good. In case you fall below the 700 mark, your chances of qualifying for loans decreases. A score of below 600 is definitely bad. The worst score you can have is 300. 2. Identify the errors in the credit report and dispute themTake time to scrutinize your credit reports for errors. The reports are certainly not error proof – it humans who compile them, and human is to err. Start with your identity information, including your name, address and social security number. Move on to your list of credit cards and ensure that all items recorded therein are captured correctly. Highlight all errors as you come across them. Remember you need to have solid proof that the such and such entries are a mistake. This will require the support of bank statements or other utility bills. You can now use the above evidence to file a dispute with the credit bureaus. Change your spending habitsThis is a long journey you should embark on after the negative items on your credit report are resolved. The three sure ways of improving your credit scores are:
To achieve the above three, you need to purposefully change your spending habits. It all starts with a budget! Yes! Get to know your monthly income after after tax deductions. You may wish to refer to this as the net pay. Now make all deductions made on your income on items such rent, mortgage, car loans, health insurance, life assurance, etc. What do you remain with? How much can you spare for groceries? How much are you willing and able to dedicate to entertainment? What of gym membership, trips, investment? Write out all this stuff on paper and purpose to follow it to the letter. Always resist impulse buying whenever you are out in full display of hundreds of attractive merchandise. In addition to disciplined spending, make sure you pay all bills on time. Every bill on your table definitely has a deadline. Whether it means setting reminders or physically displaying the pending bills on notices, do all you can to meet the deadlines. This requires some bit of planning on your end, so that you have the funds available every time you need to pay out some bill. Another thing to look at is the credit card balances. What is your outstanding debt? How much can you pay off every month? Focus on clearing all debts, even if it is after 1 year. In this change-of-life moment, restrain yourself from applying for new credit. I understand how tempting it is especially when the offer comes with discounts n purchases. Such may be beneficial, but in times of debt, they are a trap to drive you further into credit worthlessness. As you work on the above, keep checking your credit score on any of the apps I suggested above. I guess you will notice the figure rising bit by bit. Be patient in this process – it is never an overnight thing. At this juncture, let us look at the cost implications of credit repair. How much does credit repair cost?If you choose to go the credit repair company way, be ready to spend between and 0, or even higher, every month as service fees. Most companies offer packages in which you pay a specified monthly figure until your credit standing improves to the level you wished. As usual, the more costly the package, the more the services you will be offered. Always compare and contrast different packages and companies to get the best bargain for your money. It is funny how you have to spend more money to get out of debts. And this leads us to the scam question: Are credit repair companies a scam? No and Yes. Of course, as in any other industry, we have the genuine ones, and the scammers. The genuine credit repair companies will diligently walk you through the steps of improving your credit. I cannot deny that scammers have infiltrated this market. Such are the companies that will jog your mind with technical lies just so to ensure you pay the monthly fee for the longest time possible. Others will guarantee you positive results, whereas we clearly know that credit repair is a trial and error undertaking, especially on the section of removing bad items from the credit report. Yes you venture into it but you are never sure of the outcome. Do your homework well. Search diligently for the best company whose rates you can afford. Read tons of reviews on the shortlisted companies and have the general feeling of the customer experiences with those companies. If you choose to go the do-it-yourself way, you have no professional fees to pay. Just remember that you may have to travel and pitch camp from office to office as you seek to sort things out. Let us now wind up this discussion with a look at some of the misconceptions of credit repair. Misconceptions of credit repair1. Only open accounts are included in a person’s credit reportThis rumour has found place in many a people’s hearts. So they take to closing their credit accounts with the hope that the bad elements in that account will be stripped from the overall report. In many cases, closing such a stubborn account ends up further hurting your crdit score. What more, the bad details will remain on your report, and it may be hard to follow up on them because you no longer have access to the account. If you have behaved well with a given account for some good amount of time, closing it in the wake of bad credit is not sensible enough. Think of how you can improve your credit score through working on the accounts 2. Opening many lines of credit will improve your credit scoreLet us get this right. Your ability to operate multiple accounts and handle multiple bills does not translate to a higher credit score. This may in fact turn out risky and lower your credit score. 3. Paying off loans earlier than the deadline will improve your credit standingThis is not entirely true. The credit reporting system has no reward for prepayment of loans. They just consider the payment deadline. Quite interesting! Endeavor to have an excellent credit standing for your own good. Credit Repair Attorney Free ConsultationWhen you need legal help to repair your credit, 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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Real Estate Lawyer Grantsville Utah What Is The Average Cost Of Divorce In Utah? via Michael Anderson https://www.ascentlawfirm.com/how-does-credit-repair-work/ Wills, individuals’ declarations of how they want their property distributed after their deaths, are the basic form of succession. In general, wills are characterized by three customary requirements: they must be written, they must be signed, and they must be attested to—that is, authenticated by witnesses. Of the three, the most formal—some would say, archaically so—and the most likely to act as an impediment, is the attestation requirement. All states currently dictate that between two and three witnesses formally attest to the validity of a will in front of a third party, often a lawyer, an accountant, or notary public. Under Utah law, there must be two witnesses. An experienced Spanish Fork Utah probate lawyer is your best source of information on wills. If a person dies without a will, he is said to have dies intestate. Intestacy laws specify who inherits if the deceased dies without leaving behind a valid will. These rules differ from place to place in many details and have changed a lot over the years. But the general idea is everywhere the same: close relatives are preferred over those who are not so close. The system also prefers descendants to ancestors: your mother’s right to inherit would usually be trumped by your daughter’s. We also take it for granted that a person’s relatives on both sides of the family are equally entitled to a share. No American state prefers a mother’s brother to a father’s brother, or vice versa; this equality is the essence of the American kinship system. The American system is a mixture of various ways of distributing property at death. Strictly speaking, nothing you “own” is up for grabs; but this simply follows from the way society defines ownership. Succession taxes, the intestacy laws, and freedom of testation are all real aspects of our law of succession. A single simple idea lies behind the intestacy laws of today. If a person dies without a will, the property goes to a surviving wife or husband, to the children and grandchildren, and if there are none of these, then to closest relatives. Nobody else has any claim. In broad outline, this has been the practice for centuries. The proportions and the emphasis, however, have changed with the passage of time. Two changes are of particular importance. The first is the merger of rules about real estate and rules about personal property. The second is the growing share of the estate that goes to a surviving spouse, at the expense of other possible heirs. This trend is connected to the trend mentioned in the Introduction: the shift from emphasis on the bloodline family to the family of affection and dependence. Utah recognizes Holographic Wills. Holographic wills are handwritten wills. If you want to challenge a holographic will, speak to an experienced Spanish Fork Utah probate lawyer. One of the grounds for challenging a holographic will is that the handwriting is different. To prove that the handwriting on the will is different from that of the testator, you will need the services of an expert witness. Your experienced Spanish Fork Utah probate lawyer can help you find a handwriting expert. Handwriting analysis involves the comparison of a questioned item with an item of known origin. Certain requirements must be met before a handwriting comparison can be made. The writing must be of the same type (e.g., handwritten or hand printed) and the text must be of a comparable sort (e.g., similar letter and word combinations). Special situations involve forgery, which is an attempt to imitate another’s writing, and disguise, which is an attempt to change writing style to prevent identification. The bases for comparison are the features or attributes that are common to both samples. The characteristics of the writings are also identified as class characteristics (the style that the writer was taught), individual characteristics (the writer’s personal style), and other gross or subtle characteristics. The attributes used for comparison of handwriting are twenty one so-called discriminating elements. The comparison is based on the principal that, although individuals have variations within their own writing, no two persons write the same way. The analysis compares variability among writers and variability within a single person’s writing, as shown in the samples. Determining that two samples were written by the same person means concluding that the degree of variability is more consistent with individual writing variations than with variations between two different persons. Beyond these basic principles there is no dispute and no claim that there is an identified or accepted system for analyzing handwriting, and that the analysis and conclusions are subjective evaluations made by handwriting examiners.10 The emphasis, therefore, has been on training and testing persons to be considered handwriting experts. The American Society for Testing and Materials (ASTM) has developed a number of standards. The American Board of Forensic Document Examiners is a trade organization that provides for certification. Although that organization requires an undergraduate degree in some field, there is no formal educational or training requirement otherwise, and most handwriting analysts are trained in forensic laboratories. The basic principles of handwriting analysis are generally accepted as plausible scientific hypotheses. However, scientists point out that this plausibility is based on intuition rather than scientifically established evidence. They point out that these conclusions are accepted as axiomatic by handwriting examiners when they have never been thoroughly tested using scientific methods. Determining whether each person’s handwriting is truly unique would necessitate a study of a large number of randomly chosen persons and the categorization and measurement of the multitude of possible variations. There are no standardized measurements and there is not even a public record of handwriting samples which can be scientifically used to develop such measurements or to test the basic underlying theories of handwriting analysis. Who Is an Expert?What qualifies you as an expert witness? In looking for an expert witness, an experienced Spanish Fork Utah probate lawyer will the education and experience, licenses and certifications, the articles the expert witness has written, the courses or seminars you presented, and the opinions of peers. A specialization in a particular area makes an expert witness a valuable resource to legal counsel. As an expert, the witness will typically be asked to evaluate and give opinions in the area of expertise. When hire an expert witness for your probate litigation, be sure you clearly establish the expert’s designated area of expertise and the scope of the assignment. Once you have learned the background of the expert, feel free to turn down if it does not seem “right” to you. This saves potential embarrassment down the line. Preparing to TestifyAn expert witness, will be called on to offer his professional opinions and must be prepared to back them up in court. Before taking the stand, it is vital that the expert witness adequately prepares for the job ahead. * Obtain all pertinent information regarding the case (names of plaintiff and defendant, date and location of incident, name and firm of opposing counsel). Be sure that there are no conflicts of interest. * Work with the attorney to thoroughly understand the issues of the case and the role the expert will play. * Evaluate the issues in light of professional standards of care and custom and practice criteria. * Verify opinions with other experts and with available written sources. If the opinions of others are being used by your expert, be prepared to give their names and credentials. * Review any opinions given by the expert or other experts in similar cases. This is particularly important if the expert’s opinion will differ significantly from past opinions. The expert must be prepared to explain why the current case is different. * Study the statements of opposing counsel’s experts for any errors or inconsistencies that can be challenged in court. (Keep in mind that the opposition will be reviewing the expert’s findings in the same way; so it is a good idea to review your expert’s work with a critical eye before submitting it.) * Try to anticipate the line of questioning set forth by the opposing counsel, and prepare your responses. Answer only after listening to the complete question; ask counsel to repeat or rephrase a question if it is not perfectly clear. Types of TestimonyAs an expert witness, the expert will also be called upon to testify in different venues. An interrogatory consists of responding to written questions submitted by opposing counsel during pre-trial proceedings called discovery. These answers are given under oath and should correspond to answers the expert gives at the trial. Otherwise the expert testimony will be impeached. A deposition is a verbatim account of sworn testimony. Depositions are taken informally and recorded by a court reporter, and again you are under oath. Opposing counsel will often use the deposition process to test your knowledge and familiarity with the case at hand. A hearing is a proceeding limited to specific legal issues and points of law. Expert witnesses are called less often at the hearing stage, although the expert witness may be called to testify if questions arise about whether or not there is sufficient evidence to proceed in the case or if the proceeding is an administrative hearing. Once again, the answers are given under oath. Finally, there is the trial, which follows more formal courtroom procedures. Here, the facts of the case are explored and issues are examined and cross-examined. Taking the StandThe expert witness’ preparation culminates in the testimony. The expert begins by stating his or her name, work history, and professional qualifications. In general, these facts will not be disputed, although remember that it is the opposing counsel’s job to find anything that weakens the expert status. Direct examination will give an expert the best opportunity to present his findings. The expert witness should rehearse his testimony with your experienced Spanish Fork Utah probate lawyer so that the expert will know how the probate lawyer wants to proceed. In cross-examination, the opposing counsel’s goal is to discredit the expert testimony. The expert witness should answer all questions, but keep the= answers short and to the point. Most of the time a “yes” or “no” will suffice. During redirect examination, your attorney will try to disprove any points made by opposing counsel. Use this opportunity to reinforce any points that were questioned by the opposition. Before you hire a handwriting expert to challenge a holographic will in Utah, speak to an experienced Spanish Fork Utah probate lawyer. Hire an experienced Spanish Fork Utah probate lawyerUtah probate law is complex. When a will goes through probate, anyone who feels that they have been wrongly left out of the will can challenge the will. Challenging the will isn’t easy. If you are challenging a holographic will and you are claiming that its not in the handwriting of the testator, hire the services on an experienced Spanish Fork Utah probate lawyer. Merely claiming that the handwriting is different will not suffice. You have to prove that the handwriting is different. For this, you must provide evidence. The evidence that you are allowed to produce in the probate court is determined by the law of evidence. The law of evidence is complex. It’s certainly not your cup of tea or coffee. Don’t take chances. If you don’t provide evidence in support of your claim that the handwriting on the will differs from the handwriting of the testator, your case will be thrown out. Ignorance of the law is no excuse. An experienced Spanish Fork Utah probate lawyer is your best source of assistance. If you believe that the handwritten will that someone is claiming to be written by your deceased relative is in fact not written by that relative, contact an experienced Spanish Fork Utah probate lawyer. You must act fast. You must file your opposition to the will during the probate process. Once the will has passed through probate and the executor has distributed the estate according to the will, it will be too late. The best time to challenge the will is during probate. Spanish Fork Utah Probate Attorney Free ConsultationWhen you need legal help with a probate, will, or trust in Spanish Fork 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
4.9 stars – based on 67 reviews
Is There An Inheritance Tax In Utah? Real Estate Lawyer Grantsville Utah via Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-spanish-fork-utah/ The answer to this question is probably about $10,000.00. It really does depend though. In our office, you’re probably closer to $3,000 to $6,000 but it depends on a number of factors, including how much fighting there is between the parties. The truth is – if one party puts their foot down so to speak and the other party refuses to relent; then, you’re going to trial and your divorce will be over ,000 easily if you go to trial. Factors that Impact the Cost Of Divorce The costs depend on a variety of factors whether or not you or your spouse agree on specific things, and if you or your spouse require or want to use an attorney. Factors affecting the average cost include:
One of the first things to realize is that a divorce is, technically, a lawsuit. When one spouse files a divorce, they are suing for divorce. The more factors or issues unresolved by the person filing for divorce and the other party, such as custody or care of children or maintenance of property, or other shared assets such as investments, pensions, financial support, the more likely it is to cost the person filing for divorce. The more major issues resolved by both parties, the less it is likely to cost. If you and your spouse agree on major issues, regardless of how many there are, you can file an uncontested divorce – the least expensive which could cost you even under 0 if you write and file your own divorce papers. All states charge their own fees for filing for divorce, even an uncontested filing, so a precise cost isn’t predictable. Some states also will grant the filer a waiver on the filing fees based on income. For an uncontested divorce, if the state where you file has a mandatory waiting period, once that period is up the divorce decree is final. An uncontested divorce is the least expensive, and the most straightforward, because no lawyers or mediators are needed to help both parties agree to the terms. When you file a divorce petition, you also need to serve the case, or papers, to your spouse. In the case of a divorce, the papers can be served either in person or by mail. In the case of an online, “do-it-yourself” divorce, the person who first filed the petition with the court usually submits the petition and a summons to the local sheriff’s department for the papers to be served by law enforcement personnel or arranges for a private process server to deliver the petition – a signature from the other party indicating they either agree to the terms or wish to contest it. A private process server to serve divorce papers usually costs about $50. The Average Cost of a Divorce With a Lawyer If there are significant assets to divide, or child custody, child support or alimony to decide, both parties usually benefit by hiring their own attorney. Using a lawyer, of course, increases the cost for either party. With a lawyer, your divorce could cost you a few thousand dollars to tens of thousands of dollars; depending on how much time of the lawyer’s you are billed. Lawyer fees, billed by the hour, can range from several hundred dollars an hour to more than $500. For some lawyers, a 15-minute consulting phone call, or emailing, could cost you half a billable hour. And a half-hour could cost you a billable hour. Lawyers charge for phone calls, emails, text messages, court preparation, depositions (questioning others on the record), discovery (getting information from your spouse’s lawyer related to your case), paper preparation and review, and research. Lawyers charge an average of about $1,000 for an uncontested divorce. In states with a higher standard of living, lawyers can charge an average of $3,500-$5,000 to help you complete an uncontested divorce. A contested divorce in which major issues like division of assets and child custody or support, or even actually divorcing, can’t be agreed on can cost from an average $2,500 up to several thousand dollars or more. In a contested divorce, the issues may ultimately have to be hashed out in front of a judge. A divorce that has to go to trial can cost couples as much as $20,000 on average to complete, with at least $15,000 going to attorneys’ fees, according to some lawyers. Settling a case out of court can cost closer to $15,000. Most lawyers charge a flat fee or retainer to help with a divorce, but in general family law attorneys charge an average between $150-$250 per hour, though some might charge as much as $650 or more an hour to help clients through a complicated or difficult divorce, like one in which couples have their own businesses or other more complex shared assets. A retainer should cover most of the court fees, filing fees, and the lawyers’ time to meet in person, correspond with you by email or phone or text, and to appear at court hearings or other proceedings in person. A contested divorce with children requiring lawyers to help work out custody details will cost more because of the lawyer’s time involved than an uncontested one. Generally, the more time a child spends with one parent, the less in child support that parent has to pay. But in a contested divorce where no agreement can be reached on child custody or a schedule, the court can require a child custody evaluation be done by a trained psychologist who interviews each parent. The psychologist also talks to the kids, and observes the kids at home with each parent. If the child custody evaluator works for the county, the evaluation will cost an average of $1,000-$2,500. If a private evaluator is used, the charge might be $10,000 or more. Alimony determination can also take a lot of time and increase the cost to the couple. You can cut costs by using a lawyer for only part of your case: also called ‘limited scope representation.’ You could have your lawyer just review documents, or negotiate with your lawyer what you will or won’t pay for, such as agreeing to use the lawyer to prepare and review documents but not to charge you for phone calls or emails. A hearing or trial will also naturally increase your costs. Trials sometimes incur costs to you for several expert witnesses, and the cost of going to trail alone often results in divorce cases being settled out of court. For that reason, family law judges in most states assigned to contested divorce cases require couples to do everything they can to reach a settlement agreement and avoid a trial, because a trial costs not only the couple divorcing but also the city and state where the divorce is proceeding. If children are involved, yours together or even separately, costs increase with agreements having to be reached or adjudicated regarding child support, custody, and visitation. Without such issues, a divorce between two people in agreement can save both parties expense. That is why an uncontested divorce is the least expensive. If you and your spouse agree on the major issues of the divorce, you can write your own agreement. Your only cost then would be filing fees, serving papers, and the cost of divorce papers them if you get them online. Online companies will charge for preparing divorce papers, but they may also have lawyers review them for you. Some courts will give you a divorce packet for free; some states will have them available for free on their website as well. Besides an uncontested divorce, a way to save money and avoid a trial would be to use mediation of a collaborative divorce. In mediation, you and your spouse avoid trial be mediating with a neutral third party, a mediator. Because it involves a third party, usually a professional mediator, attorney-mediator, or former commissioner or judge, mediation can still wind up costing between a few thousand and $10,000 dollars, on average, depending on how long the mediation takes and how much is involved. Mediation usually costs an average of $100-$300 an hour. Even a collaborative divorce is cheaper than going to trial. In a collaborative divorce, both parties retain attorneys. You, your spouse, and your attorneys meet to hash out contested parts of the divorce. If you and your spouse ultimately reach agreements, while the attorneys will be an expense, the cost of litigation will be saved. The average divorce cost is a relative term. Different factors determine whether the cost of divorce will be on the high or low end of the spectrum. Things that factor into the cost of a divorce include:
If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost. Unless you get a waiver based on your income, you must pay filing fees. How To Keep Costs Down You may be wondering how you can keep expenses on your case to a minimum. While some elements that add to the expense of a case are out of your control, there are several things you can do to help keep the costs down on your case.
If you are hiring an attorney for your case, don’t just hire an attorney based only on their hourly rate. Consider their experience, reputation, and communication skills. Your attorney should bring you a sense of relief. You should feel comfortable having them take your case and you should find it easy to communicate with them. Again, if you hire the wrong attorney while bargain shopping and then try to hire a different attorney later, it can often be expensive getting your new attorney up to speed on your case and making any corrections needed. Divorce can be an expensive and emotional process, so don’t trust your case to just anyone. Your divorce involves things that are irreplaceable, so we recommend enlisting the services of a firm that handles the unique area of family law on a daily basis. Utah formerly followed the “fault” concept in divorce proceedings; this meant that to establish grounds for a divorce, one spouse blamed the other or found fault with the other spouse. In 1987 Utah passed a law that allows divorce when there are “irreconcilable differences” such as when the parties can no longer “pursue the legitimate purposes of the marriage.” Under this law one party doesn’t have to blame the other but may simply tell the court that the marriage is no longer working. This is what is called a “no fault” divorce provision. The law previously held that the offending spouse who caused the divorce, lost rights and property in a divorce proceeding, but as a practical matter and by statute this is no longer the case. The person that begins the divorce action is called the “Petitioner”; the person against whom the divorce is filed is called the “Respondent.” The following are the statutory grounds for divorce in Utah:
Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506 for your free consultation. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can A Wife Claim Her Husband’s Property In Divorce? Is There An Inheritance Tax In Utah? Durable Financial Power Of Attorney via Michael Anderson https://www.ascentlawfirm.com/what-is-the-average-cost-of-divorce-in-utah/ An experienced Grantsville Utah real estate lawyer can assist you in many ways. Don’t be under the impression that only home buyers need the assistance of an experienced Grantsville Utah real estate lawyer. If you own a piece of land and you want to construct a house or an apartment block on that land, you will need the services of an experienced Grantsville Utah real estate lawyer. Generally you will be hiring a contractor to complete the construction. A Real Estate Attorney can also help you with Quiet Title Actions, Boundary Disputes, evictions, partition actions, tenants in common issues, and anything related to real estate. When you select a contractor, you have to sign the construction contract. The construction contract should require the contractor to indemnify and hold you harmless against any claims resulting from the performance of the contractor’s work. The legal and insurance aspects of this clause will vary from site to site. You should take all necessary steps to limit your exposure to circumstances and conditions over which you have direct control. Shifting additional liability to the contractor by modification of this clause may be problematic because these standard provisions are widely accepted and understood. The time finally comes when the job is complete and the newly developed property purportedly ready to be occupied. However, the hallways are strewn with rubbish, the units are littered with the debris of construction, and four spaces of the parking lot are occupied with a dumpster filled to overflowing with old appliances, mattresses, furniture, and debris. The contractor is gone, and the final payment due the contractor is not enough to pay the carting expenses. This scenario is more common than might be imagined. There is little you can do in this situation, and it is best avoided. The contractor is responsible for keeping the premises “free from accumulation of waste materials or rubbish caused by the contractor’s operations.” This responsibility should be strictly enforced throughout the construction process. Failure by the contractor to maintain a clean project site can cause fires, accidents, and delays to the project schedule. The cleaning-up provision of the standard contract allows the owner to clean the site and charge the contractor. The prudent owner will not wait until the final contract payment to exercise this option. When you are looking for a loan to develop land, seek the assistance of an experienced Grantsville Utah real estate lawyer. Your lawyer will assist you negotiate with the lender and ensure that your rights as a borrower are protected. The lawyer can review the lenders documents before you sign them and advise you if any changes or modifications need to be made to those documents. The lenders documents will be prepared by the lender’s lawyer. For the lender’s lawyer, the lenders rights are important and he will draft the documents keeping in mind the lender’s rights. He will not be worried about your rights. More often than not, the lender’s documents are tilted in favour of the lender. Never sign any document that the lender has asked you to sign without showing them to your Grantsville Utah real estate lawyer. Loans to buy your homeIf you are applying for a loan to buy your home consult with an experienced Grantsville Utah real estate lawyer. Underwriting loans to people to buy their own homes is simple. All the lender has to do is (1) check the applicant’s credit with a credit agency which maintains a file on just about everybody’s prior defaults, bankruptcies, etc., (2) check the applicant’s earnings, (3) make sure that a percentage of the earnings (typically 25 percent to 33 percent) will cover the interest and principal on the loan, and (4) get an appraisal of the property. The appraiser will compare the house with similar recently sold homes in the area and will determine a value based on those comparisons. The lender will make the loan only up to a specified percentage of appraised value. Servicing the single-family mortgage loan is a mechanical task of making sure that the payments are made every month. If a loan gets into arrears, foreclosure actions are fairly routine. It’s important that you review the loan documents before you sign them. These documents are prepared by the lenders lawyer and will be biased towards the lender. Having an experienced Grantsville Utah real estate lawyer review the documents before signing ensures that you are aware of the documents and you will know how to protect yourself. Single-Family Construction LoansMaking loans for the purpose of constructing single-family homes is a bit more complicated. Most homes are built by tract developers who buy a large parcel of raw land, obtain subdivision approvals, put in roads, water mains, and sewers, then build homes they hope to sell to individuals. If the lender finances the land before governmental approvals, the lender is taking additional risks: governmental risks, environmental risks, longer-term cost and market risks. Administration of construction loans must be assiduous. Construction draws are based on estimated percentages of completion, which often are a source of disagreement between the bank and the builder. The builder claims to be 50 percent complete; the bank says “no, you’re only 40 percent complete.” If 40 percent of the money has already been advanced, the developer doesn’t get more money. Having an experienced Grantsville Utah real estate lawyer assist you when you are negotiating with the bank will ensure that you do not face such problems. Occupied Apartment and Commercial Property LendingMaking loans on occupied apartment buildings or occupied commercial properties is again an entirely different business. The key to lending on occupied commercial structures is the cash flow that comes from rent paid by tenants. The lender wants to make sure that this cash flow is sufficient to cover the payments on the mortgage as well as taxes, insurance, and operating expenses. In addition, because income property loans usually are not completely self-amortizing — that is, the payments of principal during the term of the loan are not sufficient to pay it off — the lender wants to make sure that at the end of the loan term there will be enough cash flow to refinance the remaining principal even if interest rates are somewhat higher. The underwriting process begins by finding out how much rent is being paid and how much it costs to run the building. By subtracting the cost from the rent, the underwriter can figure out how much net operating income (NOI) the property generates. Of course the property may generate a given level of NOI today but not tomorrow; tenants may move out or they may be unable to pay; or rents in the area may decrease or expenses may increase. The underwriter therefore will evaluate factors such as market rental rates and trends in the area, lease terms compared with the loan term, credit quality of tenants, and environmental and structural factors affecting the building. If the results of these investigations are satisfactory, the lender usually will apply a standard of “debt service coverage,” that is, the ratio of the amount of fairly certain NOI (as determined after investigation) to the payments called for under the loan. Administering income property loans usually is not extremely complex, but it is very different from administering single-family loans. Income property loans can lose value quickly if, due to inadequate rents or high vacancy levels, owners allow properties to fall into disrepair. Construction LoansMost lenders won’t make construction loans with just the borrower’s assurances about costs, approvals, and markets. They not only will investigate those matters for themselves, but they also will structure the loans so that they do not fund anything until approvals have been obtained, acceptable contractors have been hired (often at a fixed cost for the entire job and sometimes bonded), and some level of preleasing or guarantee of debt service coverage during a lease-up period or a committed takeout* by a permanent lender has been arranged. These all are hotly negotiated issues between the lender and the borrower — and as the lender gets more security, the amount that the borrower will be willing to pay decreases. Always ensure that you are assisted by an experienced Grantsville Utah real estate lawyer during the negotiations. Construction loan administration needs to be far more intensive than permanent financing administration. Whereas in a permanent loan the money is advanced on day one and then paid off over time, in a construction loan the money is advanced in stages as the construction goes along, and the lender expects to be paid back in a lump sum when another lender makes a permanent loan on the property. Intensive administration is required at every “draw” of funds under the loan, including an engineering report, so that the lender can satisfy itself that after advancing the money, there will be enough left in the loan budget to finish the project. If the projected cost to complete is higher than the amount in the budget, then the loan is said to be “out of balance” and the lender is not obligated to fund. MortgagesBefore you apply for a mortgage, speak to an experienced Grantsville Utah real estate lawyer. There are different types of mortgages. The lawyer will help you chose the right one. Traditionally, a term is fixed by agreement, at the end of which the whole loan falls due; accrued interest is payable at stated intervals during the term or in toto at the end. A mortgage containing these provisions is called a “straight-term” or a “straight” mortgage and is well adapted for a debtor who expects to pay the debt on or before its due date and for a lender who wishes to lend for a period approximately equal to the term agreed upon and to recover the whole sum at the end of that period. Yet the straight-term mortgage is frequently used in transactions in which both the borrower and the lender recognize that the borrower is not likely to be able to pay the debt at the end of the term. Sometimes an agreement to extend the mortgage is part of such a straight-term mortgage. This agreement, however, is commonly tacit or verbal and is not enforceable at law. Thus, its use leaves some uncertainty or creates an advantage for one of the parties. Notwithstanding its inappropriateness, the use of the straight-term mortgage persists. Partial-Payment MortgagesThe partial-payment mortgage, which is a variation of the straight term mortgage, provides that at specified intervals during the term a partial payment shall be made to reduce the debt. These payments usually fall due on annual, semi-annual, or quarterly dates, when interest is also due. Under the partial payment play, the sum of the payments on principal is less than the original debt, and a balance, called a “balloon payment,” becomes due at the end of the term. This arrangement is appropriate when the borrower anticipates receipt of income corresponding to payments scheduled during the term and of a sum sufficient to meet the balloon payment at the end of the term, and where the lender, instead of keeping the original amount of funds outstanding for the entire term, prefers to recover a portion of them at stated intervals and the remainder at the end of the term. In practice, these conditions are seldom found. The balloon payment is usually considered by both parties to represent a sum which the borrower will not have provided and which the lender will not demand, or does not expect to receive, when the term expires. Both parties usually anticipate that this sum will be “refinanced.” Fully Amortized MortgagesAnother type of agreement, the amortized mortgage, is used more and more frequently in mortgage loans on homes. The most common terms embodied in this type of home mortgage provide for full reduction of the debt at maturity by fixed monthly payments. Payments are credited first to interest accumulated for the month at the agreed rate and the balance toward reduction of principal “Past Due” MortgagesThere is one other arrangement frequently entered into in connection with home mortgages, namely, where the mortgage is payable on demand or after a very short term. After execution of the agreement or upon expiration of the term, the obligation is carried as an “open” or “past due” mortgage. In some instances the borrower keeps his obligation in good standing merely by paying interest at agreed intervals; in others he also pays something toward amortization. In both cases both parties assume that the loan will not be called and it seldom is. During periods of stress, however, it may be necessary for the lender to request payment; in other circumstances, he may wish to insist upon curtails, that is, on reduction of principal. Grantsville Utah Real Estate Lawyer Free ConsultationWhen you need legal help with a real estate matter in Grantsville 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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Corporate Lawyer American Fork Utah Can A Wife Claim Her Husband’s Property In Divorce? via Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-grantsville-utah/ There is no need for Utah residents to worry about a state estate or inheritance tax. Utah doesn’t impose these types of charges. As a part of Probate Law, some states impose an inheritance tax. Now, this may change, so if you’re reading this you should still call and get your free consultation, because laws change all the time. An estate tax is where a tax is levied on people who owned property in the state where they stayed. Inheritance tax is a tax levied on people who inherit property from a person who lived there. Even though Utah does not collect inheritance tax, you may end up paying for it in another estate, if you inherit property from someone who lived in a state that levies inheritance tax. The following states have inheritance tax Iowa, Kentucky, Nebraska, New Jersey, Pennsylvania, and Maryland. The inheritance tax will depend on the amount you inherited and how close you were to the deceased person. If there is a surviving spouse, they do not need to pay any inheritance tax. The good news is that some states exempt small inheritances. There could be a federal estate tax bill. However, this happens only if the deceased person left millions in assets. This type of tax comes from the estate of the person who died. Utah estate taxThere are 38 states with no estate tax, and Utah is one of them What is the estate tax?Sometimes, an estate tax is known as a death tax. It is a tax levied on the estate of a person who died recently. It is for the money and the assets in the estate before they are distributed to the heirs of the deceased person. The only states that are subject to the estate tax are the ones which can reach a legally defined threshold. Inheritance taxInheritance tax applies to the money after it has been disbursed to the beneficiaries who are responsible for paying taxes. In Utah, the inheritance tax is not levied. However, if someone from a state that collects inheritance tax leaves your property, then you have to pay for the fee. If you inherit property or money from someone out of –state, ensure that you check the laws first. It is always advised that you become prepared for the tax instead of finding out later that you were to pay a tax bill and you did not pay. Gift taxThe federal government levies tax on gifts of money or property about a certain amount. If a state does not have such a charge, someone who has a significant amount of estate can give out a large portion of their property before they die to escape all the taxes imposed on the property. Therefore, a gift tax is known to work as a backstop to the estate tax. However, only a few people pay for gift tax in their lifetime. A gift program can help to reduce overall transfer taxes substantially. However, planning and getting committed to proceed with the gifts is much required. Federal estate taxEven though Utah has no estate tax, there is still a federal estate tax that you have to take care of. The federal government may impose some tax on your property when you die. There is always an exemption for the federal tax for property worth .18 million or more. This exemption also applies to a married couple who can handle up to $22.36 million. Beyond that, they are liable to pay this tax whose top rate is 40% Inheritance tax, like any other tax, has its advantages and disadvantages. In Utah, they are missing out on the benefits that come along with imposing an inheritance tax. However, they are enjoying when they evade the disadvantages that are brought about by inheritance tax. Pros of inheritance taxIt cuts down the levels of inequalityIn the playing field, the haves is being favored more than the have nots. However, this tax helps bring equality to all of them. By imposing this tax on those who have property above specific amounts, the US government uses this money to fund projects and create employment opportunities for those who are financially down. Therefore, everyone benefits from the tax. Charitable donations increaseBecause of this tax, many people who have a lot of wealth donate it to the less fortunate and charity organizations to reduce their overall net worth and evade this, as well as many taxes. As a result, their tax liabilities after their death is diminished and in exchange, the social programs needed by the world right now are funded, and they keep on helping the less fortunate and the financially unstable It is as a reward to successThe average income in the United States is just above $5ok annually. This is like 1% of the exemption for this tax. Practically, an estate that is worth $10 million would have a potential tax liability of $2 million because the $5 million is above the exemption threshold. This means that success is still recognized ad rewarded even though the tax levels are quite high on this amount. This is because the estate still possesses a large amount of money, property, and assets to hand down to its heirs. Special rules apply to specific industries As a result of the nature of this tax, small businesses are exempted from paying it. However, there are particular farms and family businesses that may go beyond the threshold of million through the real estate assets that they possess. To be able to avoid unnecessary burdens to heirs, there are special rules set aside for such businesses, to prevent the tax from being applied on them. It is progressiveInheritance tax is progressive. The more people receive inheritance beyond the exemptions limit, the more the charge they will have to pay. Therefore, most of the burden of the tax falls on the shoulders of the wealthy in the society, and it gives the government the chance to level the playing field by distributing the property again to those in need. Cons of inheritance taxProbably, what has made Utah get rid of inheritance tax is a stepping stone to them. Their reasons are merely the cons of inheritance tax as listed below: Some people see it as a form of income redistributionThe American dream has always revolved around pulling up your socks by your bootstraps to make life possible for yourself. If you happen to die, then all the wealth you attained and the success you had should not die with you, yet this is what inheritance tax tries to achieve in the eyes of some people. The government tries to pull out a massive amount of money that you had worked extra hard for yourself and your family and then uses it for helping the people who have not been able to experience the same levels of success. This does not sound fair at all because it is your death which determines the redistribution of your hard-earned wealth It is quite expensive to get an evaluation of assets that will be properAlthough inheritance tax raises billions every year, it is less than 1% of the overall revenues that are brought in every year in the government finance kit. To make matters worse, the cost of bringing in this cash has the highest per capita compared to other tax revenues because the government incurs significant levels of expense in evaluating and collecting the revenues from the heirs. Therefore, unnecessary procedures and revenues are committed to bringing the inheritance tax on board and yet it is bringing minimal revenues to the table It can force families to sell their businessesIn places where inheritance tax is levied, there is protection for small companies such that they do not get burdened by this tax. However, few businesses fall through the cracks every year. A couple of companies end up selling their assets so that they can be able to meet the requirements levied on them by the government to meet the tax. This does not consider the welfare of these families. What will happen after they have sold their businesses? Maybe the deceased was there, and after that, they cannot be able to meet the expenses, and with no companies at hand, it can be quite hard on them It reduces the available capitalEven though a business can get through the inheritance tax, the amount that is owed goes a long way to limit the amount of liquid cash that the heirs will be able to access. This can push them to be potentially bankrupt or drive the company out of business after some time because of the liabilities that come along with the tax. In some situations, some of the income being taxed may have already been taxed through other methods. This comes up with a case that benefits the government only. What happens to your inheritance?Your heirs will take over your loanIn most cases, federal law permits the transfer of the credit to a close relative or an heir once you die. In most of the home loans, there is a due-on-sale or acceleration clause that allows a lender to demand immediate and full payment upon transfer or sale of the home; however, removals due to death are exempt. This is an indication that your heirs would have o take on your home loan with the same interest rate and the equal payment that you have. However, this does not just happen like that. There are legal procedures which have to be followed like filing a will or letters of administration on probate court. Your heirs may refinance your home loanIf an heir decides to keep a home, in most situations, they will have to refinance the loan, especially if they are in a position to get a lower interest rate or reduced monthly payments. If the heirs are not financially stable to finance the new loan, they can always agree to pay every month and still keep the house. Your heirs may get your property free and clearYou may make your relatives lucky if you have some estate. This estate may have enough funds to finance the mortgage or pay off the loan. You have to indicate in your will the assets that you possess and give directions on the way they can be sold to retire the mortgage. If you had a mortgage protection insurance policy, it would help a great deal by automatically paying off the loan balance. It is advised that you have the insurance policy if your relatives or the heirs are not financially stable enough to make the payments or afford a refinancing. Your heirs may not afford the monthly paymentsIf the mortgage becomes too hard for your heirs to handle, they may decide to sell the home or walk away. And in most cases, heirs walk away when they cannot meet the burden. Mostly, the instances where the house is worth less than the balance on the mortgage, most heirs see walking away as the wisest decision. However, there are cases when there is a sentimental attachment between the heirs and the home. In such a scenario, you can always try to work out something with the lender and agree on new terms of payment. Some lenders may forgive some of the debts, but in rare cases. You took out a reverse mortgage before your deathA reverse mortgage is considered to be a lien to the home. When there is no co-borrower or the co-borrower is also dead or is no longer living in the house, the loan becomes due when the borrower dies. The heirs will only be able to inherit the house itself if the reverse mortgage balance can be paid off without having to sell the property. To achieve this, your heirs will be forced to pay off the balance together with the cash from the estate or another source or finally take out a new loan. The most expected outcome is that your heirs will inherit whatever equity is left after the home is sold and the lender gets paid. Plan Your EstateThe pros and cons of inheritance tax show how vital and no-important the fee is. In Utah, the cons overweighed the, and probably that is why they decided to cut it out. What do you think? Is inheritance tax worth it? Estate Lawyer Free ConsultationWhen you need help with an estate in 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 via Michael Anderson https://www.ascentlawfirm.com/is-there-an-inheritance-tax-in-utah/ All property of the husband and wife is considered marital property. This means that even property brought into the marriage by one person becomes marital property that will be split in half in a divorce. However, the court does not have to give each spouse one half of the property. A wife can claim a husband’s property after the divorce but subject to certain conditions. The conditions which are considered to decide the right of the wife over the husband’s property:
Assets are one of the main reasons for dispute when a couple separates. The country’s lawmakers are considering granting women the right to their husbands’ residential property if they part ways irrespective of whether it was acquired before or after marriage. In the current draft of the proposed amendment, the wife’s share will be decided by the court. However, under the current laws, a woman seeking divorce is not entitled to any share in the husband’s property. The ownership rests with the person who is holding the title. If the property is bought by the husband while the two were together and he holds the title, the wife can make a claim if she can prove her equity in the property. A lot of people buy property with their own money but register it in the name of their wives to benefit from the lower property registration fee for women. In such a case, the wife can continue to retain ownership. The term “common law” is simply a term used to determine the ownership of marital property (property acquired during marriage). The common law system provides that property acquired by one member of a married couple is owned completely and solely by that person. Of course, if the title or deed to a piece of property is put in the names of both spouses, however, then that property would belong to both spouses. If both spouses’ names are on the title, each owns a one-half interest. When one spouse passes away, their separate property is distributed according to their will or according to probate (in the absence of a will). The distribution of the marital property depends on how the spouses share ownership. If they own property in joint tenancy with the right of survivorship or tenancy by the entirety, the property goes to the surviving spouse. This right is independent of what the deceased spouse’s will says. However, if the property was owned as tenancy in common, then the property can go to someone other than the surviving spouse, per the deceased spouse’s will. Not all property has a title or deed. In this case, generally, whoever paid for the property or received it as a gift owns it. If the couple divorces or obtains a legal separation, the court will decide how the marital property will be divided. Of course, the couple can enter into an agreement before the marriage, explaining how to distribute the marital property upon divorce. Marital property in community property states are owned by both spouses equally (50/50). This marital property includes earnings, all property bought with those earnings, and all debts accrued during the marriage. Community property begins at the marriage and ends when the couple physically separates with the intention of not continuing the marriage. So, any earnings or debts originating after this time will be separate property. Any assets acquired before the marriage are considered separate property, and are owned only by that original owner. A spouse can, however, transfer the title of any of their separate property to the other spouse (gift) or to the community property (making a spouse an account holder on bank account). Spouses can also comingle their separate property with community property, for example, by adding funds from before the marriage to the community property funds. Spouses may not transfer, alter, or eliminate any whole piece of community property without the other spouse’s permission, but can manage their own half. However, the whole piece includes the other spouse’s one half interests. In other words, that spouse cannot be alienated the one half that belongs to them. Separate property includes:
Know Your Rights The law says any investments made in the name of the woman will be a part of her personal wealth in the event of divorce. Earlier, the woman would be the sole beneficiary of such an investment. In fact, any gift received by the woman at the time of marriage and during the time she remains married is her property. This is known as streedhan. Even if the husband and wife both use a gifted asset during the marriage, in the event of a divorce, that asset becomes the wife’s. If the property is registered as the joint property of a soon-to-be-former married couple, the wife would be able to stake a claim at the time of divorce. Based on her contribution to the property, the court will grant her share. In case the property is registered solely in the name of the woman, she will be able to claim it entirely unless the man can prove he contributed to the purchase. To encourage property ownership among women, the government provides them certain incentives. Properties are hence often registered in the name of the woman of the house to save money. The intent of the buyer and the government are not same. Similarly, banks offer women home loans cheaper when compared to their male counterparts. When the court grants a divorce, property will be divided equitably (not always equally) between the two spouses. This is decided under the Equitable Distribution Law. During the divorce both spouses have to tell the court about their income and any debts they owe. Equitable distribution Equitable distribution means fairly divided. When marital property is distributed equitably, it is divided between the two spouses as fairly as the court thinks is possible. Although this does not guarantee that the court will decide the property should be divided equally (50-50), this is usually what happens. There are two different types of property for the purposes of a divorce. Property that the couple bought during the marriage is called marital property. Property that belonged to you before the marriage or was a gift to just you from someone other than your spouse is called separate property. Marital property can be divided between the two spouses. Marital property includes all property either spouse bought during the marriage. It does not matter whose name is on the title. For example, if a couple bought a home, but only the husband’s name was on the deed, the wife would still be entitled to some of the value of the home if they were to get a divorce. Separate property is property that one of the spouses owned before the marriage. For example, a bicycle that the wife had owned since before her marriage would be considered separate property. Any inheritance one spouse gets, even during marriage, is separate property. So are personal gifts (unless they came from the other spouse) and payments for personal injuries. Separate property can become marital property if it is mixed with marital property. For example, if one of the spouses uses money they had before the marriage to buy a house for the couple, that money might become marital property. The court should consider these things when deciding how to distribute the marital property:
In most states, separate property is restricted to:
Everything else is usually considered marital property, which is divided differently depending on whether you live in a Community Property or an Equitable Distribution. However, most states are Equitable Distribution States, in which the division of assets is typically much more complicated. In an Equitable Distribution each spouse has a legal claim to a fair and equitable portion of the value of all marital assets, no matter which of them is listed as the legal owner. Note that a fair and equitable portion does not necessarily mean half. Courts consider many factors to determine what constitutes a fair and equitable distribution of marital property. When The Wife Is A Shareholder In The Property It often happens that husband and wife purchase a property jointly, but when they are heading towards a divorce, wife holds the right to stay in the property until the divorce is approved. The husband cannot ask her to leave the house as she is the co-owner of the property. The wife can ask for the settlement of her share from the husband before or after the divorce, and the husband is liable to pay her share. In the case of abandonment, the wife has the right to get the possession of everything that belongs to her. She becomes the sole owner of what she owns, including her jewellery, insurance policy, bonds, Fixed Deposits (FD) or something else. Also, she has the right to get the jewellery that was given by her family and is in the custody of her in-laws, back. In case, if the in-laws do any misconduct with her while returning the same, the husband or his family is held will result in revocation of their passports and make them incapable of working in foreign countries. Maintenance Rights Maintenance means an amount which husband has to pay to the wife for the Divorce. The main aim is to provide financial independence to the divorced women so as to facilitate convenience. An Interim Maintenance An interim maintenance is provided to the wife, in which an amount is to be paid from the date of filing of petition to the date of dismissal or decree. The aim of this allowance is to fulfill her basic needs during the pendency of the case. If both husband and wife are living separately with mutual consent, the wife cannot claim allowance from maintenance but a divorce decree by mutual consent to live separately cannot disentitle the wife to claim maintenance. The court can fix it at any amount, depending upon its discretion. Grounds for awarding Maintenance
Right to Ancestral property A married woman has to be provided with shelter and maintenance by husband after the divorce. If she is a member of a joint family then she will be entitled to equal share of the husband, jointly with his mother and her children(after his death). How to get alimony in case husband refuses
Divorce Attorney Free ConsultationWhen you need legal help to protect your interests in a divorce case, please call Ascent Law at (801) 676-5506 for your Free Consultation. We can help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Does Divorce Cost A Lot Of Money? Adoption Taxpayer Identification Number via Michael Anderson https://www.ascentlawfirm.com/can-a-wife-claim-her-husbands-property-in-divorce/ Working for a company in American Fork, Utah can be a rewarding experience. However if you’re a whistleblower employee, chances are you may be discriminated by your employer. However there are laws in place to protect you. In 1989, Congress statutorily created a new standard of proof applicable in whistleblower cases, commonly referred to as the “contributing factor” test. This standard was directly incorporated into the Sarbanes-Oxley corporate whistleblower law (SOX). The test was designed by Congress to make it easier for whistleblowers to win their cases. If you are a whistleblower employee facing discrimination at work, speak to an experienced American Fork, Utah corporate lawyer. The standard of proof set by Congress or the courts can be extremely significant. As the U.S. Supreme Court recognized, the standard “instruct(s) the factfinder” regarding the “degree of confidence our society thinks” needs to be established concerning the “correctness of factual conclusions.” Most civil cases are adjudicated on the “preponderance of the evidence” standard, in which litigants “share the risk of error in roughly equal fashion.” In SOX cases, the traditional “preponderance of evidence” standard was modified in order to make it easier for whistleblowers to prove their cases, reflecting the “society’s” interest in ensuring adequate protection for employees who risk significant adverse action for having the courage to blow the whistle. When Congress first developed the “contributing factor” test, its intent to modify the traditional burdens of proof in employment cases was crystal clear. Congress wanted to make it “easier for an individual to prove that a whistleblower reprisal has taken place.” The “contributing factor” test sets forth a statutory mechanism governing the burdens of proof in whistleblower cases. The often conflicting or confusing burdens of proof set forth in numerous judicial decisions under other employment discrimination laws were replaced by a statutory formula. Under this formula, an employee has the burden of proof to establish the following: 1. That she or he is an employee covered under the SOX; 2. That she or he engaged in activities protected under the SOX; 3. That the employer was aware of this protected activity; 4. That the protected activity was a “contributing factor” in an adverse action taken by the employer. 5. Once the employee demonstrates a “contributing factor,” the burden of proof shifts to the defendant to establish, by “clear and convincing evidence,” that the employer would have taken the same adverse action even if the employee never engaged in protected activity. Once an employee demonstrates that discriminatory animus was a “contributing factor” to an adverse action, the burden of proof shifts to the employer to demonstrate, by “clear and convincing evidence,” that the employer would have taken the same adverse action even if the employee had not engaged in whistleblowing activity. The “clear and convincing evidence” test is “tough standard” for employers. Congress intended that employers “face a difficult time defending themselves” in whistleblower cases. In order to meet the “clear and convincing” standard, an employer must establish its defense by evidence stronger than a mere “preponderance” of the evidence. The level of proof needed to meet this standard is usually explained as “highly probable. Proof of DiscriminationThe heart of a SOX whistleblower case rests in demonstrating that protected activity was a “contributing factor” in an adverse action. A “contributing factor” may be demonstrated through direct or circumstantial evidence. It is well settled and established that employers will rarely if ever, directly admit that protected activity contributed in any manner whatsoever to an adverse action. The typical case scenario requires a court or jury to weigh various subtle facts or admissions and determine whether these circumstances demonstrate that discrimination “contributed” to an adverse decision. A “contributing factor” may be proven by either direct or circumstantial evidence. Likewise, direct evidence of retaliatory motive is not needed in either a “pretext” or a “mixed motive” case. Direct EvidenceExactly what constitutes “direct evidence” of animus has been the subject of a number of differing definitions. It is commonly defined as evidence that, if believed, “proves the existence” of a disputed fact “without inference or presumption.” Put another way, “direct evidence” is “evidence that directly reflects the use of an illegitimate criterion in the challenged decision” or “actions or remarks” that tend to “reflect a discriminatory attitude” and are related to the “decisional process.” Circumstantial EvidenceIn the majority of cases, employees rely upon circumstantial evidence to demonstrate discriminatory motive or evidence that protected activity was a “contributing factor” for the adverse action. Circumstantial evidence is “often the only means available to prove retaliation claims. Moreover, evidence that an employer’s justification for an adverse action is untrue may itself constitute “persuasive” circumstantial evidence of “intentional discrimination.” These general principles of legal analysis are applied to SOX whistleblower cases. Some of the factors that have been used successfully to establish circumstantial evidence of discriminatory motive in whistleblower cases are: • Work Performance: high work-performance rating prior to engaging in protected activity, and low rating or problems thereafter, absence of previous complaints against employee. • Timing: The timing of an adverse action (i.e., discipline or termination shortly after the employee engaged in protected activity). • Disparate Treatment: Treating a whistleblower differently from a non-whistleblower. • Deviation from Procedures: Deviation from routine procedure; manner in which the employee was informed of adverse action or the inadequate investigation or review of a disciplinary decision; absence of warning before termination or transfer; pay increase shortly before termination; a pattern of “suspicious circumstances” or a “suspicious sequence of events” surrounding the discipline of an employee. • Attitude: Attitude of supervisors toward whistleblowers; charges of “disloyalty” or other derogatory remarks concerning protected activity; low regard for corporate oversight personnel. • Pretext: Failure of the company to prove allegations, contradictions or shifting explanations in an employer’s explanation of the purported reasons for the adverse action; proof that the purported reason for taking an adverse action is not true or believable, the magnitude of the alleged offense. • Antagonism to Protected Activity: Reference to an employee engaged in protected activity as a “troublemaker” or an otherwise “unfavorable attitude” toward employees who reported violations; antagonism toward a “regulatory scheme;” anger, antagonism, or hostility toward complainant’s protected conduct; a pattern of antagonism. • What an Employee Exposed: Evidence that the whistleblower’s concerns were correct and the potential magnitude of the problem identified by the employee • Dishonesty: Dishonesty regarding a “material fact.” TimingOne of the most common factors used to establish motive is timing: “Adverse action closely following protected activity is itself evidence of an illicit motive.” The fact that an employer takes disciplinary action shortly after an employee engages in protected activity is, unto itself, usually “sufficient to raise an inference of causation” and establish that element of the prima facie case. Timing can be relevant not only as support for a prima facie case but also as evidence supporting an ultimate finding of discrimination: “Disbelief of the reasons proffered by a respondent “for an adverse action” together with temporal proximity may be sufficient to establish the ultimate fact of discrimination.” PretextProving that the reason given by an employer for taking adverse action was false (or a pretext) can be critical evidence demonstrating discrimination. Disparate TreatmentEvidence of “disparate treatment” is also “highly probative evidence of retaliatory intent.” Disparate treatment simply means that an employee who engages in protected activity was treated differently, or disciplined more harshly, than an employee who committed a similar infraction and did not engage in protected activity. Where a disciplinary response clearly does not fit with the type of infraction at issue, an inference of discrimination may be demonstrated. Likewise, evidence that the employer “orchestrated” justifications for a termination is evidence of discrimination. However, absent proof of discriminatory motive, courts “do not sit as a super-personnel department” and second-guess employment decisions. Corrective action is warranted only if an employee can demonstrate that discriminatory animus played a role in the decision, regardless of how “medieval” a firm’s practices or “mistaken” a manager’s decision. The ComplaintUnlike a civil action filed in federal court, an employee is under no obligation to serve his or her initial complaint on the employer. Instead, after the complaint is filed, OSHA is required to serve a copy of the complaint or other information related to the filing of the complaint upon both the employer and the Securities and Exchange Commission (SEC). The complaint is deemed filed when mailed, e-mailed, faxed, or filed in person at a DOL OSHA office. The complaint must be written, can be simple, and should include a full statement of the acts and omissions, with pertinent dates, that are believed to constitute the violation. A Department of Labor whistleblower complaint need not set forth “every element of a legal cause of action.” Although the initial complaint can be simple, an employee should fully augment or supplement the basis for the complaint during the OSHA investigatory process. Employers have relied upon limitations in the complaint as a basis for filing motions for dismissal once a case is docketed for a formal administrative adjudication. Although the initial complaint can be simple, an employee should fully augment or supplement the basis for the complaint during the OSHA investigatory process. Employers have relied upon limitations in the complaint as a basis for filing motions for dismissal once a case is docketed for a formal administrative adjudication. The traditional practice during the OSHA investigatory process is for an employee to supplement his or her complaint with a formal signed statement provided to the OSHA investigator. This practice is reflected under the DOL rules for SOX investigations. Under these rules, after a complaint is filed, the complaint may be “supplemented as appropriate by interviews of the complainant.” Statute of LimitationsA SOX case must be filed within 90 days of the alleged discriminatory action. The failure to comply with this deadline will result in the dismissal of a complaint, regardless of the underlying merits of the claim. However, because a statute of limitations is “not jurisdictional” in nature, under limited circumstances an employee’s deadline for filing a claim “may be extended when fairness requires.” If an employee fails to file a claim within the 90-day statute of limitations, there are a limited number of methods by which the filing deadline may be enlarged. But the grounds for extending a limitations period are “narrowly applied.” The basic theories used to enlarge a filing period are equitable tolling, equitable estoppel, fraudulent concealment, or continuing violation. After a complaint is filed, OSHA will typically assign the case to a field office investigator. The investigator will review the complaint and its supporting materials in order to ensure that the employee has alleged a prima facie case. If an employee cannot allege the elements of a cause of action, OSHA will terminate its investigation and issue a finding of dismissal. Before dismissing a complaint, the OSHA investigator will contact the employee and determine whether the complaint can be supplemented by additional information in order to meet the prima facie case requirements. The OSHA investigator will review the materials submitted by the complainant (including the statement provided by the employee) and determine if the allegations were sufficiently pled. 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