Bluffdale Utah probate law is complex. Speak to an experienced Bluffdale Utah probate lawyer to know more about the probate laws and procedures in Utah. You can pass on your properties to your children and other close relative through a will. Your will becomes effective on your death. Till then you continue to remain the owner of the properties but upon your death, the property will get transferred to the persons named in your will. If you die without a will, your property will not automatically pass on to your relatives. Instead the State of Utah will decide who gets what. In fact a part of your estate may end up in the hands of someone whom you never wanted to enjoy the benefits of your estate. Don’t let this happen to you. Consult an experienced Bluffdale Utah probate lawyer to prepare your will today. Once your will goes through probate, the persons named in the will become the owners of your estate. Perhaps the most basic distinction is between real property and personal property. Real property is land and things permanently attached to the land. (Thus the origin of terms such as “real estate” and “Realtor.”) Personal property is everything else. Furniture, jewelry, and cars are personal property, but so are intangibles such as copyrights, patents, promissory notes, and stocks and bonds. Some types of property present difficult definitional issues–growing crops are sometimes real property, sometimes personal property–but for the most part the distinction between real and personal property is easy to understand. Why we have the distinction and what it means are more complicated, though. In medieval times, as we have seen, land was not only an object of wealth but also the basis of a system of social organization. After the decline of feudalism, land still merited special treatment because it was the most widespread and important form of wealth and, as such, was subject to special procedural forms. For example, when Thomas Jefferson argued for the distribution of property as protection against tyranny, he meant the distribution of land among small farmers, in opposition to large dynastic landholdings. Today the historical distinction between real and personal property, combined with the functional differences between property that doesn’t go anywhere and property that does, is seen in the different treatment of the different kinds of property. Separate bodies of law regulate each type of property, and many subcategories within each type. Selling a piece of land is governed by one body of law; selling a car is governed by another. The ways in which a landowner can use a piece of land is governed by several overlapping bodies of law, while the rights an owner has in a car or a copyright are different still. As should be evident, some property is tangible and some is intangible. Indeed, land once was the most prevalent form of property, but now intangible property dwarfs real property in value and importance. The average family may own a car and a house, but they also may own a pension fund, some mutual funds, and bank accounts that far exceed the value of their tangible property. To know the properties that you can include in your will, speak to an experienced Bluffdale Utah probate lawyer. Trademarks are a kind of property related to intellectual property. Patents and copyrights are protected because they are original creations; trademarks are protected because they have commercial value. The name “McDonald’s” and the golden arches symbol have value because people associate them with McDonald’s fast food and all of the convenience, quality, and fun that the company tries to evoke with the images. Accordingly, the McDonald’s Corporation has a property interest in the name and the mark, although again the extent of the interest is different than other forms of property. Intellectual property illustrates some very important points about property in general. First, when we think of property, it is easy to think that property is somehow naturally occurring, and the only issue is to how to allocate it. Land and trees have an existence that predates their allocation as property. But copyrights and patents should make clear that property is a product of the law. Without law, there would still be inventions and novels, but there would be no property rights in them. Because intellectual property is created and regulated by statute, it may be easier to see this than with property that has been allocated by centuries of common law rulings. Second, intellectual property makes clear that there is no single conception of the ownership of property. Patents, copyrights, and trademarks are all forms of intellectual property, but the law governing them creates different interests with respect to each–a different bundle of rights. The duration of the property interest, for example, is twenty years for a patent, the life of the author plus seventy years for a copyright, and as long as it is commercially valuable for a trademark. In copyrights but not patents there is a concept of fair use, so that the copyright owner’s interest is not exclusive; a reviewer can quote part of a novel in a review, or a college professor can use a portion of it to illustrate a point in an English course. In each case, the law constructs what it means to own property, and the definition differs with respect to different kinds of property. In property law, there are three kinds of concurrent estates, or forms of co-ownership at the same time: joint tenancy, tenancy in common, and tenancy by the entirety. In all three forms of co-ownership (or cotenancy), each tenant has the right to possess and use the entire piece of property. Tenancy by the entirety is unique in that it is only available to married couples, so there can only be two co-owners of a piece of tenancy by the entirety; a joint tenancy or tenancy in common can have an unlimited number of co-owners. Today concurrent ownership is used in many situations. A wife and husband may have a joint checking account, mutual fund account, and may own their house jointly. (In jurisdictions which allow tenancies by the entirety–about half the states–that would be the form of ownership; otherwise, these would be joint tenancies.) Two siblings may own the family farm together. The copyright in a song may be held by the person who wrote the lyrics and the one who wrote the music. Let’s take one example to see how the different forms of co-ownership work. This example focuses on joint tenancies and tenancies in common; for most purposes, a tenancy by the entireties is treated the same as a joint tenancy. Assume that two siblings inherited the house their parents had lived in. The first question in dealing with these instances of co-ownership is, what kind of co-ownership is it? The mother was the latter of the two parents to die, and her will said, “I leave my house to Juan and Maria, my children.” Are Juan and Maria joint tenants or tenants in common? Put more generally, in the absence of a designation by the original property owner, which form of co-ownership should the law prefer? The answer depends on the structure of property law and the underlying social conditions. Under the estates system, joint tenants were seen as owning a single estate; when one of them died, the estate remained unchanged, and it was simply held by one fewer owner. Probably more importantly, the traditional property system favored concentrating ownership in a smaller number of large landowners, a purpose which joint tenancy served well. Joint tenancies also became effective estate planning devices, avoiding some of the feudal taxes that otherwise would be due on the transfer of property at death. By the eighteenth century, though, the presumption was otherwise. With the rise of a market economy and land viewed increasingly as a commodity and an object of wealth like any other, it made more sense to the legislatures and courts to prefer tenancies in common, which made property more freely transferable; a co-owner could transfer his or her share in property at death. Therefore, today Juan and Maria would be presumed to be tenants in common. Of course, as in many legal situations, the best approach to this problem is to avoid it by good advance planning. The law permits people to specify what kind of relationship is being created, and good lawyers typically do so. If you open a bank account with a family member, for example, you will see that one of the boxes that can be checked to indicate the form of ownership is labeled “Joint tenant with right of survivorship,” a clear indication that the intention is not to create a tenancy in common. Scrupulous belt-and-suspenders lawyers may add “and not as tenants in common,” to remove any doubt. The attorney drafting the mother’s will likewise could have expressly provided for a joint tenancy, if that is what the mother intended. What is it that a cotenant owns? Joint tenants and tenants in common hold substantially the same bundle of rights in the property. In either case, each cotenant possesses an undivided interest in the entire property. “Undivided” means that Juan and Maria each have a right to use the entire house; they do not have to physically divide the house, so that Juan has use of the kitchen and Maria the living room. If they rent out the house rather than live in it, they share in the rent paid equally (if they are joint tenants) or according to their ownership interests in the property (if they are tenants in common). If Juan and Maria are tenants in common, on Juan’s death his heirs will inherit his interest in the property. If they are joint tenants, however, Maria owns the entire property on Juan’s death. If Juan wants to prevent this, so that his children can inherit the property, for example, he can, by various means, sever the joint tenancy, converting it into a tenancy in common and thereby destroying Maria’s right of survivorship. Tenancies by the entirety are different in this respect, however. Because one of the purposes of this form of co-ownership is to protect the surviving spouse, the right of survivorship cannot be destroyed in a tenancy by the entirety. It’s never to early to start estate planning. You don’t have to be rich and famous for estate planning. In fact everyone must have some estate planning device in place. This will ensure that their estate passes on to their near and dear ones once they are no more. A will is just one of the many estate planning devices. An experienced Bluffdale Utah probate lawyer can help you with estate planning. Bluffdale Utah Probate Lawyer Free ConsultationWhen you need legal help with a probate in Bluffdale 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
How Can I Get My House Back After Foreclosure? Corporate Lawyer North Salt Lake Utah via Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-bluffdale-utah/
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Sometimes it does and sometimes it doesn’t. You should call Ascent Law for your Free Consultation to discuss the details of your situation with a divorce attorney. You know, this is a common question usually asked by most couples who contemplate divorce. I will outrightly say that divorce certainly costs a lot of money depending on the nature its nature. Most of the cost are normally associated with the legal fees and the settlement fees such as alimony , child support and division of property. Apart from the emotional cost, financial costs are really frustrating. The cost of divorce may lead to a lot of straining on the average family. Factors such as divorce method, the county or state in which you live, complexities of the case and level of cooperation between you and your spouse may either escalate or bring down the costs. Payment of court costs and legal costs are what makes divorce to cost a lot of money. In addition to this, you will have to pay experts to testify on your behalf especially concerning the assets that you had with your husband or wife. You may need to hire tax advisors and forensic accountants to find out where your spouse is hiding assets, not forgetting financial experts. There are several divorce options including: 1. MediationFirst option is to work with an independent third-party mediator to help you and your spouse come to a divorce settlement agreement. Mediation can be pursued with the help of a lawyer or, in some cases, without the couples having a lawyer representing them, although this is not advisable. Mediation is a method of avoiding litigated divorce. If you and your spouse cannot agree on custody, support, how assets and property should be divided, or any other aspect of your divorce settlement, then mediation can be a far preferable alternative to going to court and having a judge make decisions for you. Mediation helps you and your spouse work out your issues and come to an agreement on your own. You don’t have to present witnesses or make arguments in court, and you don’t need to hire a bunch of experts either. Instead, you come together with your mediator, and your mediator facilitates an open and honest discussion that helps you to agree when you otherwise could not. A mediator does not order either of you to do anything, and does not make decisions for you. If you are both committed to being reasonable and avoiding litigation, having a mediator can be the tool that allows you to do that. Once you have worked out your settlement agreement with your mediator, you and your spouse or your attorneys can simply go forward with a simple uncontested divorce in court. You have to pay for the cost of the mediator, as well as for court costs, filing fees, and whatever legal fees you incurred during the mediation or when preparing the papers. In some cases, mediation is ordered by a court (such as in custody disputes), but if you opt for mediation on your own as an alternative to litigation, you can expect to pay around $3,000 to $7,000 for the mediated divorce, including the hourly fees charged by the mediator. Although this seems like a lot, it is far less than the ,000 to ,000 average cost of a litigated divorce. 2. Collaborative divorceA collaborative divorce is similar to mediation except that you work with an attorney or other professional who specializes in collaborative divorce, rather than working with a mediator. Like mediation, the goal of collaborative divorce is to avoid litigation by getting you and your spouse to agree on the essential issues in the divorce. When you pursue a collaborative divorce, you still have to file for divorce in court and pay filing fees, and you and your spouse still have your own divorce lawyers. However, you should be able to work out your differences much more quickly than in litigation and avoid the costs and legal fees associated with a protracted courtroom battle. With a collaborative divorce, your collaborative divorce expert helps you and your spouse to communicate openly and honestly and work together to come to an agreement on custody, assets, and support. The more committed you and your spouse are to working together, the less time you have to spend with your attorneys and the collaborative divorce expert. This also makes your divorce less costly. Most estimates suggest that a collaborative divorce costs between 20% and 40% less than a litigated divorce, depending on how cooperative both spouses are. Mediation and collaborative divorce differ because mediation involves sitting down with a third-party mediator in a room and going over your issues, while collaborative divorce involves each party having his or her own collaborative divorce attorney. The attorneys negotiate in an ongoing process to determine the best possible outcome. Each attorney represents the interests of his or her client, but also works towards a collaborative agreement, rather than working from an adversarial position. 3. DIY DivorceA DIY divorce is the least expensive method. If you obtain the papers from the court yourself, complete them, and submit them yourself without legal representation or without purchasing prepared “divorce kits,” then your costs are limited to the filing fees. Beware if you do this that you could mess it up. The truth is, doing your own legal work is like doing a root canal on yourself. You may not do such a great job. These vary by state. Of course, what you save in money, you may spend in time. You need to figure out all of the required forms and learn how to complete them properly so you don’t inadvertently delay the proceedings. You also need to resolve every single issue with your spouse yourself regarding assets, support, and custody, and create your own divorce agreement outlining your decision. 4. Divorce KitsIf you want a DIY divorce but aren’t sure what forms you need or how to find out, you can purchase a divorce “kit,” a prepared packet of the divorce forms you need in your home state. These are available from a variety of local and online sources, but if you go this route, make sure you actually buy the forms from a licensed attorney. Buying from paralegals or unlicensed “divorce experts” may not be a wise move, as the forms might not be up-to-date or complete. The cost of buying these types of prepared packets of forms varies, but they can usually be obtained for $200 or less. Remember, when you purchase a prepared packet of divorce forms, you buy the forms only. You do not receive any legal advice or any help from an attorney to make sure they are prepared correctly. This means that it is up to you to prepare the forms correctly and to make sure that you don’t agree to an unfair custody agreement or asset division that you’ll later regret. You also have to pay court filing fees. 5. Flat-fee divorceFlat-fee divorces are simple divorces offered by attorneys for a flat rate. Typically, when you choose a flat-fee divorce, you and your spouse work with one attorney who takes care of assembling the forms and preparing the court paperwork. Your attorney isn’t going to help you negotiate issues of custody, support, or asset division, and isn’t going to give you legal advice beyond simply helping you with the procedural steps. Flat-fee divorces are typically offered by attorneys at a relatively low rate. Depending on where you live, attorneys may advertise flat fee divorces for as low as 0 or less (this covers legal fees; court filing fees are normally extra). However, remember that this buys you bare-bones legal representation, and no one is looking out for your rights. This can be a better choice than a completely DIY divorce since at least you know the paperwork is being filled out correctly and that you are following the procedural rules for divorce in your state, but it still leaves it up to you to figure out the terms of your divorce. 6. ArbitrationArbitration is another alternative to a litigated divorce, although it is very different from mediation and collaborative divorce. Unlike either mediation or collaborative divorce, arbitration involves asking a third party (the arbitrator) to make a binding decision about the issues in your divorce. You and your spouse must essentially present much of the same information that would be presented in a litigated divorce, and the arbitrator makes a binding decision that you both have to stick to. The benefits of arbitration are that the process is often less formal than litigation, and it can take less time for an arbitrator to hear and decide a case than it does for a judge to do so. Again, you still need to hire your own lawyers, and you must pay divorce filing fees – the purpose of arbitration is just to get the issues of property, custody, assets, and support worked out. You are, however, able to keep your personal information from becoming public record, which is not an option when you go to court. You have to pay a fee for a professional arbitrator in addition to the fees for your lawyers and the court filing. The fee for the arbitrator may be as much as $3,000 to $4,000 per day. Still, since arbitration can be quicker than litigation, you can save greatly when compared to the cost of a litigated divorce. For those seeking divorce, one of the best things you can do is think of your divorce as a job. The more professionally you conduct yourself, the better the outcome — at least in terms of your checkbook. As Copp summed it up: “I’ve always compared a divorce action to a wagon with four wheels: two parties and two lawyers. If any one of the wheels is off, the whole thing grinds to a halt.” Other expenses associated with divorce1. Getting a jobYou will have to go on with your life after divorce. The first thing is to find a job if you did not have one. It costs money to get a job. If you have been out of the workplace for a while you may have to pay to get additional training or education to improve your resume or your skills. You may need to get a new certification or degree. While that can help you earn more money in the long run, it still costs money now. Even if your education and skills don’t need an upgrade, you may need to have a new look. If you want to get a good job, you’ve got to look good at your interview. Finally, when you’ve gotten the job, you have to look presentable everyday when you show up. In addition, once you have a job, you will likely have to travel to and from work. All of those things cost money. 2. Money to pay a therapistDivorce takes a huge emotional toll on everyone involved in the process. It is hard on you, your spouse, and your kids. While, hopefully, everyone will adjust eventually, you, your spouse and your children may need help along the way. That means therapy – and therapy, too, costs money. Thankfully, your medical insurance may cover at least a portion of the cost of therapy. But if you exceed the allowable number of visits that your insurance allows, or your insurance doesn’t cover the cost of therapy, then you may find yourself having to budget for this expense, too. At the same time, investing in therapy may actually save you money in your divorce.The number one driver of divorce costs is your emotions. So, what you lose paying for therapy you may gain back in lower legal fees. 3. Getting a health insuranceWhen you are married, you, your spouse, and your kids typically share one health insurance policy. Once you are divorced, that ends. Most health insurers will not continue to cover you on your spouse’s insurance policy after you are divorced. Since it is typically cheaper for both spouses to be covered by one insurance policy than it is for each spouse to have his/her own policy, getting divorced usually means that collectively your family will pay more for health insurance. While you may think that health insurance shouldn’t be a problem because you can just go through COBRA, that is not necessarily true. While COBRA insures that, in cases where COBRA applies, you can continue to get insurance through your spouse’s employer after your divorce, it has nothing to do with your cost. When you get insurance through COBRA you have to pay both your portion of the insurance premium and the employer’s portion of the insurance premium. Generally, that means that COBRA ends up costing you more. 4. Paying tax as an individualIf you file your income taxes as married couples filing jointly, you will usually pay the least amount of income taxes. Once you divorce, you have to file your income tax return as a single person.That typically means that you will pay income taxes at a higher rate than you did when you were married. What’s more, with all of the recent tax law changes, the income tax consequences of divorce will likely be even greater now than they were before. Plus, you also have to consider capital gains taxes when you’re divorcing.If you and your spouse own any stocks, bonds, or other investments, and you sell all or part of them in your divorce, you may be facing capital gains taxes. The same thing will be true if you withdraw funds from a retirement account to pay your divorce expenses, or to pay off your spouse. While you can transfer money between your retirement account and your spouse’s retirement account in a divorce without creating a tax consequence, to reap that benefit you have to make sure that you transfer the money in the right way. If you screw it up, you may find yourself with a hefty tax burden you didn’t see coming. Divorce Attorney Free ConsultationWhen you need legal help to get a divorce done in Utah, 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
4.9 stars – based on 67 reviews
Real Estate Lawyer South Jordan Utah via Michael Anderson https://www.ascentlawfirm.com/does-divorce-cost-a-lot-of-money/ North Salt Lake, Utah is a great place to work in a corporate organization. However if you have been discriminated because you are a whistleblower and your SOX complaint has been rejected by the OSHA, you should immediately speak to an experienced corporate lawyer to know how you can appeal against the OSHA findings. At Ascent Law, we help you with due diligence, outside general counsel duties, recall plans, comp plans, employer/employee issues, mergers, acquisitions, corporate governance, setups and take downs among other things. In order to appeal the OSHA findings, a party must, “within thirty days of receipt” of the OSHA findings, file written “objections and a request for a hearing on the record” to the DOL Chief. The person filing the appeal must also be served notice of the appeal on the following persons: • All parties of record • The OSHA official who issued the findings and order • DOL After objections and a request for a hearing are filed, the case is assigned a hearing officer or administrative law judge, who must “expeditiously set a hearing date.” No party is required to file an answer to the request for a hearing. The hearing is de novo and “on the record.” The hearing before an ALJ is the most significant phase of a DOL corporate whistleblower case. The case is heard de novo, and the parties are permitted to have their claims adjudicated in a formal bench trial. ALJ procedures mirror those of the Federal Rules of Civil Procedure, and parties are permitted to engage in pretrial discovery. At the hearing, each party is permitted to call and / or cross-examine witnesses and create a detailed factual record. Because the case is tried before a judge and not a jury, the federal rules of evidence do not apply, and the hearing procedures are less formal than a jury trial. Given the nature of a whistleblower case, in which a party’s intent is at issue, hearings can often be long and complex. It is not uncommon for a trial to last well over two weeks and for hundreds of exhibits to be filed. After the hearing, most ALJ’s permit the parties to file detailed findings of fact and conclusions of law based on the full trial record. After the record closes, and the post-hearing findings are filed by the parties, the ALJ issues a recommended decision and order on the merits of the case. Unless appealed to the DOL Administrative Review Board, this recommended decision constitutes the final order of the Department of Labor. Even if it is appealed, the ARB reviews the ALJ determination under a “substantial evidence” standard, and the factual record created before the ALJ becomes the formal agency record for purposes of any further appeals. Parties to the HearingWhen a case is docketed before the Office of Administrative Law Judges, the DOL ALJ sits as a neutral hearing examiner. The employee and the employer are both parties to the proceeding. If both the employee and the employer filed appeals to the OSHA finding, the case is automatically consolidated into one proceeding. Often, an employee may file more than one complaint against the same employer regarding different adverse actions. Multiple complaints are generally consolidated into one hearing. Regardless of whether OSHA had decided to participate as a party in the adjudication, all the parties are required to serve OSHA with copies of all pleadings. At the request of the Securities and Exchange Commission, the parties may also be required to serve the SEC with all pleadings. In addition to the employee and employer, other “persons or organizations” that could be “directly and adversely” affected by a final decision have the right to intervene in the case within 15 days of learning of the proceeding or participate in the case as amicus curiae. Government agencies have broad discretion, as a matter of right, to participate in the proceeding as amicus curiae Prehearing ProceduresUnder the regulations, the ALJs are required to conduct corporate whistleblower hearings “expeditiously, except upon a showing of good cause or unless agreed to by the parties.”19 Because the regulations require expedited hearings, the initial hearing date should be set within 60 days of the filing of the notice of appeal with the Chief Administrative Law Judge. Consequently, if the complainant is willing to accept “limited discovery,” an ALJ should set the hearing date no later than 60 days after the request for a hearing is filed with the Chief ALJ. Under 29 C.F.R. § 18.42, a party may specifically request that the ALJ schedule the hearing within the sixty-day time frame. Time limits for responding to motions are short. All motions must be answered within 10 days (if the motion is mailed, 5 days are added to the answering period). This includes all responsive motions, motions to quash discovery, and motions for protective orders. Although time limits are short, the adjudication proceedings for DOL whistleblower cases are rarely conducted within these con straints. Under the whistleblower statutes on which the SOX law was modeled, the administrative law judges held that the short deadlines were designed to “assure “the” complainant of a speedy decision and may be waived.” Employers’ attempts to have a case dismissed due to the Labor Department’s failure to comply with various statutorily set deadlines have been uniformly rejected, and numerous cases held that the failure of the DOL to comply with statutory time requirements did not strip the DOL of jurisdiction to render a final judgment. As a matter of law, even though the time limits were set forth in the statutes or regulation, they were consistently “construed as directory, rather than mandatory or jurisdictional.” Consequently, it was common practice for parties to “waive” their right to an expeditious hearing to obtain more time for discovery and pretrial preparation. For example, the nuclear and environmental whistleblower laws had stricter time requirements than the SOX. The DOL was required to complete its full investigation and adjudication and issue a final order on the merits of a complaint within a statutory 90-day time frame. This time frame was rarely (if ever) met. Consistent with these precedents, the DOL held that it was erroneous for an administrative law judge to allow the statutory or regulatory time limits to “interfere with the full and fair presentation” of a case. Parties must be provided adequate time for preparation, and “even an expedited process must be applied in a manner that is fundamentally fair and thus provides the parties an adequate opportunity for presentation of the case.” Under the SOX, the ability of the parties to obtain continuances was liberalized. The grounds for a continuance under the environmental statutes was a “compelling reason” standard. The SOX regulations lowered that standard to a “good cause” requirement, and specifically permitted the parties to stipulate to enlargements of time. A request for a continuance of a hearing date must normally be filed within 14 days of the hearing. Although enlargements of time may be granted for both a hearing date and / or for other nonjurisdictional filing deadlines, it is very important for parties to meet all deadlines, as the failure to do so may result in the waiving of certain objections or claims. Allowing a case to drag on can often harm a complainant, increase litigation costs, and provide time for employers to file questionable prehearing dispositive motions. Parties may file motions to dismiss and for summary dismissal. These motions must be filed at least 20 days prior to a hearing. The DOL follows the case law under Federal Rule of Civil Procedure (FRCP) 12 when reviewing motions to dismiss and FRCP 56 when reviewing a motion for summary dismissal. Summary judgment motions are rarely granted in whistleblower proceedings because the central issue, causation, often requires consideration of a person’s motive. They may also be denied if discovery is still necessary. However, the failure to file an affidavit or other supporting documentation on the record in opposing summary judgment or a motion to dismiss can be fatal to an employee’s case. Discovery ProcedurePrehearing discovery is an integral element of the litigation process, enabling a complainant to obtain the evidence the employer will rely upon to prove its case and assisting the complainant in proving discriminatory motive and disparate treatment. The ARB has noted that an “opportunity for extensive discovery is crucial” for “protecting employees and the public interest.” Additionally, “discovery in a whistleblower proceeding may well uncover questionable employment practices” and “safety deficiencies.” The strict time limits set forth in many of the DOL-administered whistleblower provisions can be waived in order to permit broad discovery and provide the parties with an opportunity for the “full and fair presentation” of their cases. The DOL has not been granted explicit subpoena power in whistleblower cases. Although DOL subpoenas cannot be enforced in federal court, the DOL can order parties to produce witnesses under their control for testimony and sanction parties for discovery abuses. The failure of an employer to fully comply with discovery may lead to serious sanctions, adverse inferences, and default judgment. Consequently, the vast majority of witnesses and documents either must be produced by a party who controls these persons / documents and / or are voluntarily produced by persons who support one side or the other. In addition to formal discovery parties often utilize the Freedom of Information Act (FOIA) and Privacy Act to obtain documents relevant to a case from governmental authorities. For example, it is common practice for parties to request OSHA’s complete investigatory file under FOIA after the OSHA proceeding is closed and the case is appealed to the Chief ALJ. Likewise, a governmental regulatory agency may have files related to either the whistleblower and / or the concerns raised by the whistleblower. The HearingDepartment of Labor administrative hearings are conducted as formal adjudicatory proceedings according to the Administrative Procedure Act (APA). The conduct of the hearings and the general rules of evidence are delineated in APA sections 5 U.S.C. § 556(d) and 5 U.S.C. § 554. It is extremely important for parties to create a full record at the hearing. The hearing record is the body of evidence upon which all future decisions will be made, and the ability of any party to introduce new evidence into the record after the close of a hearing is very limited. Although similar to courtroom trials, there is never a jury, and one administrative law judge sits as the trier of law and fact. The administrative law judge has wide discretion in admitting testimony into evidence, and the Federal Rules of Evidence are neither binding nor applicable. An experienced North Salt Lake Utah corporate lawyer can help you get the damages you deserve for the discrimination you were subject to by your employer. North Salt Lake Utah Business LawyerWhen you need legal help for your business in North Salt Lake 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
Bond With Your Children After Divorce via Michael Anderson https://www.ascentlawfirm.com/corporate-lawyer-north-salt-lake-utah/ You can’t get your house back if it’s been foreclosed on. It’s too late. So before that happens, call a competent attorney to help you. The common belief of most house owners facing foreclosure due to the inability to pay the balance of their outstanding debt on time is that they only have a limited time to be able to save their homes. Once the property has been seized by the creditor or the financial institution, they would not be able to get their homes back since this would then be sold for the creditor to liquidate the property and thereby use the money to pay off the existing debt with them. Several people have gone through foreclosure and have been able to get their homes after it has been seized by the creditor or financial institution. Reclaiming your house after foreclosure is not a walk in the park, but it does provide some hope yet for many house owners who have lost their homes this way. If you’re one of the thousands who have lost their homes as a result of foreclosure, here are just some of the necessary steps you would need to take. The first thing that you would need to do is to know exactly what your options are and the requirements each option may entail. Recently, Congress has passed legislation to help you with this process. Based on this newly passed legislation, creditors and other financial institutions are now required by law to be more lenient and generous in terms of the options that they can provide to repay your outstanding loan and get your house back. A copy of this legislation has been uploaded over the internet, so it is accessible to anyone who would like to know more about it. Try to negotiate with the lender for a payment to make up for the missed payments. It is imperative that you act quickly to prevent sale of your house because once the foreclosure process begins, you only have 120 to 140 days before your house is sold. Contact the lender to explain your situation and work out a way for you to keep your house. By acting quickly, you have the most time and the best chance of being able to negotiate a solution before the trustee files the notice of default. If foreclosure has already begin, you must contact the lender during the 90 days before the announcement of trustee sale is posted and archived. One of the most common causes of failure to communicate is that many house owners facing foreclosure avoid contacting their lenders because they are upset or embarrassed. Most times they believe their lender will not help them because they feel that the lender prefers to foreclose. In reality, the opposite is exact. Banks and other lenders are primarily in the business of earning money by collecting interest on loans that they have made. Their net income is derived by having a specific process in place to invest and receive payments. They find it awkward to go through the foreclosure process, and usually are not well equipped to manage foreclosure properties. Because of this, most lenders are willing to work with house owners because foreclosure is much more costly for them in the long work with house owners because foreclosure is much more costly for them in the long run. It forces them to allocate time and resources to an unprofitable activity. Contact your lender immediately. Do not ignore phone calls and letters from your lender. If you do not inform your lender of your situation, they will assume that you do not intend to pay and the legal process will go forward. It is essential to prepare well before you contact your lender. You must gather all documents supporting your income and expenses, as well as loan account information. When you call, ask to speak to someone in the customer service department. Be upfront and honest about your circumstances and be prepared to discuss your financial situation in detail. Your lender needs to know your financial situation to determine whether they can offer a solution. There are some options that you can discuss with your creditor or financial institution to get your home back. Here are just a few of these options: ForbearanceThis type of arrangement would allow you to begin repaying your outstanding debt after an agreed period. By asking for forbearance from your financial or creditor, you can save up just enough funds which you can then solely allocate to repay your outstanding loan. Full paymentWhile this is the most preferred option of creditors and financial institution, it is also the most difficult one to be met by the borrower. However, if you would be able to allocate the necessary funds through the help of friends or family members along with your savings, you would be able to provide a specific date when you can be able to pay the outstanding debt in full and get back your foreclosed home. Repayment planAnother option that you can discuss with your creditor or financial institution for you to get your loan back is to make some adjustments on the existing schedule of payments that you have initially agreed to. Providing a hardship letter to your creditor or financial institution can increase the likelihood for your creditor or financial institution to give you a second chance. Some websites can help you draft a letter of hardship which you can present to your creditor or financial institution. A repayment plan may be suited for you if you have recently recovered from a short-term financial problem and are now able to resume making your regular monthly payments but need time to catch up on the unpaid fees. Borrow money from family or friendsMany people tend to shy away from this as their first option. One would think this option would be the most common place to start. Most eliminate this as a means to gather the funds necessary to bring the loan current simply because they are embarrassed to ask. They do not want family or friends to know that they encountered financial difficulties, so they look elsewhere. Family or friends most times are the one that are likely to be very willing to help out. Often because of a house owner’s embarrassment, they are not approached until is too late in the foreclosure process and are unable to obtain funds quickly enough to help out. There are situations where the house owner’s family members of friends are not approached because there are already strained relations, or they want to avoid causing any discomfort to their inner circle of friends or family. One of the best things that I can recommend to you is that you should approach the request for assistance in a very business-like manner. By that I mean, you should look to secure their interest just as you would expect if you were the one providing the funds to someone else in trouble. The higher the degree of security that you can offer them in protecting their funds, the higher the probability of successful obtaining the funds necessary to stop the foreclosure. Borrow from the institutional lendersA third option is to borrow from institutional lenders to bring up back payment. This can be done by refinancing or only by borrowing against the equity in the house. These lenders will primarily consider investment when determining the approval of a loan. Equity is define as the difference between the fair market value of the house and what is owed on the mortgage. Refinancing is when you take out another loan to pay off the existing mortgage. When refinancing to avoid foreclosure, you might be able to obtain a lower interest rate, a more extended payment period, or a lower monthly payment which would make your mortgage payments more affordable. Usually, lenders that become aware that you have fallen behind in the mortgage payments will shy away from lending to you, so if you expect to borrow from an institution, you must act very quickly before your credit report reflects any late payments. If the lender is aware that you are in default, they will probably refuse to lend, or offer a loan with much higher interest rate to account for the borrower’s inability to meet their financial obligations. Borrow from private party lendersSome individuals have funds to invest and are looking for a higher return on their investment that can be obtained by depositing their moneys with saving institutions. These individual are expecting a high rate of return on their cash investments, and understand that the loan that they are funding is a high risk loan or is often referred to as “hard money” loan. Now it’s time to make a realistic budget and stick to it. Make sure it includes money for a savings account. Saving cash is a good idea for those unexpected costs and shows that you have the self-discipline not to spend every dime you make. How much should you save? It seems many financial advisers suggest around 00, if you still have debt you’re trying to pay off. It is essential to have that money there for emergencies, but paying down your debt is what will help you get ahead the most. Pay all your bills on time. It’s so easy to fall back into old spending habits, so keep that budget on track. You already know how the bills can snowball. If you don’t pay the required amount when you’re supposed to, it will cost you a lot more in the end. Foreclosure Lawyer Free ConsultationWhen you need legal help with a foreclosure 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
Ascent Law LLC
4.9 stars – based on 67 reviews
Moving Children Out Of State After Divorce via Michael Anderson https://www.ascentlawfirm.com/how-can-i-get-my-house-back-after-foreclosure/ When you are buying land for development, you should seek the assistance of an experienced South Jordan Utah real estate lawyer. Whether you have a boundary dispute, need to quiet title, or resolve title issues to real estate, Ascent Law LLC can help you. We help both residential and commercial real estate owners in Utah. Finding a suitable site involves establishing a set of criteria by which alternative locations can be identified and assessed. These would broadly relate to market, physical, legal and administrative conditions and constraints. Once a shortlist of say three or four options has been drawn up, a preliminary appraisal will be conducted in order to determine the most suitable choice. This is the proverbial “back of the envelope” analysis, which combines an objective assessment of likely cost against value with a more subjective judgement based upon experience and feel for the market. Ideally, of course, the right site looking for the right use meets the right use looking for the right site. But there is no magic formula. Site appraisal and feasibility studyUndertake a more refined appraisal of the viability of the proposed project, taking into account market trends and physical constraints Consult with the planning authority and other statutory agencies with regard to the proposed developmentApart from making sure that all the usual inquiries are made in respect of preparing and submitting applications for planning approval and building regulation consent, it is also essential for the developer to create a positive climate within which the development can progress. This means that the right people in all the various authorities and agencies concerned with accrediting the proposal must be carefully identified, and approaches to them properly planned and presented. It is vital for the developer to galvanize the professional team in such a way that everyone involved generates an enthusiasm for the scheme and conveys that interest to those responsible for assessing it. First impressions are always important, and simple precautions can be taken, such as consulting with all the contributors to the project to compile all the preliminary inquiries together, to avoid duplication and dispatching them to the authorities and agencies in sufficient time to allow proper consideration and formulation of response. Among the principal factors the developer will seek to establish are the prospects of being expected to provide elements of planning gain by way of legal agreements and the likelihood of obtaining a consent, the possibility of having to go to appeal, the chances of success, and the consequent probable timescales and costs resulting. Identify the likely response from other interested parties to the proposed developmentThe developer needs to have heightened understanding of how a particular scheme of development will be received by those likely to be affected by it, or have a voice in how, and if, it proceeds. This implies a knowledge of the distribution consequences of development and a comprehension of, say, urban renewal policy. They must, therefore, be able to predict who will oppose, why, how they might organize their opposition, what influence they exert, and how best to negotiate with them and reduce potential conflict. Establish the availability of finance and the terms on which it might be providedBecause the parameters set by a fund can influence and even determine the design and construction of a building, great care must be taken in selecting a suitable source of finance and in tailoring the terms to meet the aims of both parties to the agreement. This will involve an evaluation of alternative arrangements for financing the project in question, including an assessment of the financial, legal and managerial consequences of different ways of structuring the deal. In doing so, it will be necessary to determine very closely the absolute limits of financial maneuverability within the framework of the development plan and program, for, during the heat of negotiation, points may be conceded or matters overlooked, which could ultimately prejudice the success of the scheme. Different sources of finance will dictate different forms of control by the fund. The major financial institutions, for example, increasingly insist that some kind of development monitoring be undertaken by project management professionals on their behalf, whereas a construction firm might provide finance for development but demand more influence in the management of the building operation. The developer must be wary. Presentation of a case for funding is also a task deserving special attention, and any message should be designed to provoke a positive response. Sub-sequent to a loan being agreed in principle, it will be necessary for the developer, in conjunction with their experienced South Jordan Utah real estate lawyer and other relevant members of the professional team, to agree the various drawings and specification documents to be included in the finance agreement. These will normally comprise drawings showing floor layouts and cross sections of the entire project, together with drainage, site and floor-related levels, and outline heating and air conditioning proposals, as well as a performance specification clearly setting out the design, constructional and services standards to be met. The financial dimension to project management is critical, for a comparatively small change in the agreed take-out yield can completely outweigh a relatively large change in the building cost. Detailed design and evaluationDecide the appointment of the professional team and determine the basis of appointment. It is essential that the developer, or an appointed overall project manager, has a good grasp of building technology and construction methods, together with an appreciation of their effect upon the development process. To this must be added a perception of the decisions that have to be taken and an ability to devise appropriate management structures necessary to carry them out. In deciding such questions as whether to appoint a small or large firm, appoint on the basis of an individual or a firm, select professionals for the various disciplines from the same or from different firms, choose professionals who have worked together previously or who are new to each other, or opt for existing project teams or assemble one especially for the job in hand—the respective advantages and disadvantages must be explored and weighed most carefully. The chemistry is all important, but the opportunity to take such a deliberate approach towards the assembly and integration of the professional team is one of the great advantages of property project management. In this context, however, it is essential that the contractor is seen to be a central member of the team, playing a full part in the design process and not somehow placed in a competitive position. Increasingly, moreover, a choice has to be made between different methods of producing building services, such as package deal, design and build, selective competitive tender, two-stage tender, serial tender, negotiated tender, management fee contract or separate trades contract. However, a true project management approach might be said to be superior to all other methods. The members of the team, once appointed, will usually be required to enter into collateral warranties as to their professional obligations and be prepared to produce reasonable evidence of the adequacy of their professional indemnity insurance. It may also be that the fund as well as the developer will expect similar undertakings and will insist that the conditions of engagement reflect this part of the financial agreement. Prepare a brief that outlines the basic proposals for design, budgeting, taxation, planning, marketing and disposal and sets out all the management and technical functions, together with the various boundaries of responsibility. There are many issues involved in buying a piece of land and developing it into a residential or commercial real estate project. This involves dealing with various authorities and also entering into contracts with professionals. An experienced South Jordan Utah real estate lawyer can assist you with the entire process. Construction StageConstruction loans for real estate projects are secured by the future value of the completed property. Before a bank will make a loan, the developer must demonstrate this value by obtaining a specified number of purchase agreements or leases at or above projected prices to give the bank confidence that the project will sell out or lease up. The developer may turn to a bank with which she has a good relationship or she may shop around for the best loan terms. As soon as the developer has settled on terms with a bank and closed on the loan, she will acquire or “take down” the land and break ground, with the goal of completing construction as quickly as possible. Throughout the construction stage, the developer will be involved in a million little decisions from materials selections to construction details to the review of monthly construction payment applications. Until the building is finished she will be constantly rebalancing the project’s design, materials, systems, and costs. Closing dates with tenants or buyers will drive the schedule. For large projects the developer may complete and sell or lease up a part of the project while the rest of the building is still under construction. High-rise residential and office towers are often completed and occupied from the top down, while horizontal developments like townhomes and office parks lend themselves more easily to phasing that matches market demand and absorption. Whether the first condo unit or an entire building, the completion of construction signals the beginning of sales. Sales StageOnce construction is complete and the building is ready for occupancy, the developer’s objective is to sell or lease it up for the highest prices possible as quickly as possible. The developer must repay the construction loan with proceeds from sales. The longer it takes to sell out or lease up, the higher the interest costs on that borrowed money—the carrying costs—and the lower the developer’s profit. During this stage the developer’s attention will be focused on ensuring that buyers or tenants who have signed purchase agreements or leases remain satisfied and show up to close on those contracts. The developer’s involvement will not end until the building is completely sold out or, in the case of a rental property, leased up and then refinanced or sold. Some developers build to “hold” over a longer time frame and they will have ongoing responsibility for property ownership from maintenance to periodic capital improvements. When the developer does finally sell or “dispose of the asset,” whether it is as soon as it has been leased up to a “stabilized” level of occupancy (for example 90 percent) or decades later, she will return all funds to lenders and make distributions of equity and profits to investors. It sometimes helps to view development this way—as a series of stages and as a list of tasks—but it can also be viewed as a process that is punctuated by a small number of important milestones. These include property acquisition, preliminary approvals, final approvals, achieving a predetermined percentage of presales or signing a lease with an anchor tenant, closing on financing, completion of construction, stabilized occupancy, and sale. Each of these is a required step on the way to a completed project and each requires the careful management of myriad tasks through multiple stages. While these lists of stages and tasks are easy enough to comprehend in the abstract, they are more fluid and messier in practice. Because no two development projects unfold in the same way, managing uncertainty and the “unknown unknowns” is just one more part of the business. Real estate development is a complex type of product development with high stakes. Minor mistakes or omissions in any of the stages, tasks, or milestones can derail or stop a project and cost the developer most if not all of his or her financial resources. And just one bad project can wipe a developer out. South Jordan Real Estate Attorney Free ConsultationWhen you need legal help with a real estate matter, quiet title action, foreclosure or property dispute, 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
How Much Does Estate Planning Cost? via Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-south-jordan-utah/ Following a separation, you may need to reconnect with your children. Divorce can be a very stressful process where parents don’t spend as much time with their children as they wish. Even for families showing support, the bonding process should continue. It is important children learn to reconnect with both parents and adapt to the new parenting plan in their lives. It may not be always easy to talk to children about divorce issues. Whatever you do, make sure you keep bonding and resolve any differences you may have with your child. After all, this is a lifelong relationship that requires nurturing. Contact a Salt Lake City divorce attorney to navigate you through all the complicated issues surrounding divorce. The relationship children have with their parents is very important to them. That bond helps them grow into healthy adults and interact with the world around them. Divorce can break your relationship with your child if you are not careful. Parents tend to be stressed out and emotionally wounded during a divorce with very little time or strength left for their children. Divorcees already deal with enough pain during a separation. This will cause the children to become hostile towards the parents for causing all this trouble and unexpected changes. Dealing with a child’s broken emotions is not as easy as it seems. It’ll require work and participation. There are many things you can do to re-bond with your children after a divorce. Just make sure your children know they are on your mind often. Ask them questions about their life or activities they enjoy, send them emails, texts, call them, whatever it takes to re-connect. Participating in school activities is key as these events are very important to them. Communicate with their teachers regularly and ask about their academic performance. Help them with homework and find out about the subjects covered in school. If you are the non-custodial parent and you have tried to get in contact with your child and he or she doesn’t respond, try other ways to communicate. Your children need to understand you love them and will always be there for them no matter what. Your persistence will eventually show them you care enough to stick around even when they are feeling angry. Divorce is never easy. Living on your own after years of being in a committed relationship is a huge adjustment. It can be even more challenging for those with children. It can be easy for negative thoughts to race through your mind. Will a divorce mess up my kids? Will I be a terrible single parent? Although these are all valid concerns, many people are finding that divorce improved their parenting skills. It all depends on how you choose to approach the challenge. Anyone who has children will quickly understand there is no such thing as an easy divorce. Children are often the biggest victims of divorce and find themselves getting caught in the middle of their parents’ squabbles. Due to the enormous distractions, even the best parent will have a difficult time. One of the positives of post-divorce life is it allows people to focus greater on their parental duties. Here are some of the reasons. • Staying together for the sake of the kids: Many couples in troubled relationships opt to stay together for the sake of the children. But it often makes the situation worse. Instead of providing a stable family home, the children are often forced to live in a dysfunctional environment. Stability does not necessarily come from living in the same house. It comes from a loving and nurturing environment. Post-divorce life allows parents to compartmentalize their lifestyle and place greater emphasis on important priorities. By focusing on what you need to do and how you want to accomplish your goals, many people are able to improve their parenting skills. • Be brave: Being a single parent is not for the timid. There will be many times when difficult decisions will need to be made. It is important to take chances. But make sure the risks you take are in the best interest of the children. • Know how to make a compromise: If you have joint custody with your ex-spouse, there will be times when you may butt heads. Whether it is where to attend school or choosing a doctor, it is important to meet halfway. Nobody is going to win every argument. It only creates more animosity. In the long run, it is best to keep everyone happy and on the same page. • Prioritize your tasks: One of the biggest lessons of divorce is to stay focused on your priorities. As a parent, nothing comes before your children. Another major priority is to effectively manage your finances. There is no manual when it comes to divorce. It is often up to parents to learn how to address their individual financial situations and budget accordingly. • Be a role model: Regardless of the age of your children, kids emulate their parents. It is important to be cognizant of your actions and how they affect your child. Everything from your mannerisms, to the way you speak or carry yourself, is noticed by children. Divorce Attorney Free ConsultationIf 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 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 Best Interests Of The Child? Basics Of Adoption And Same Sex Couples via Michael Anderson https://www.ascentlawfirm.com/bond-with-your-children-after-divorce/ A troubled business may be burdened with a collective-bargaining agreement. Such an agreement may substantially affect the value of the enterprise. Under the Bankruptcy Code, a Chapter 11 debtor may seek court approval to reject a collective bargaining agreement. If you need a consumer bankruptcy such as a chapter 7, chapter 13 or even a chapter 12, please call Ascent Law for your free consultation. A union is allowed to file a general unsecured bankruptcy claim for its members’ lost wages stemming from rejection of the collective bargaining agreement. Lost wages are recoverable as damages stemming from rejection of an executory contract and are not limited to the one-year period following the petition date. The union is allowed to deduct compulsory dues from the damages payable to individual employee claimants. An experienced Tooele Utah bankruptcy lawyer can help employees when their employer has filed for bankruptcy. If the estate assets include a subsidiary that is a party to a collective bargaining agreement, the liquidator may be forced to file a Chapter 11 bankruptcy petition for the subsidiary in order to modify the agreement, thereby facilitating the sale. However, the union’s claim may substantially affect the parent companies residual equity value in the subsidiary. Defined Benefit PlansLarge firms going through liquidations frequently must deal with defined benefit pension plans that, when times were better, were set up to provide predetermined and calculable retirement benefits to employees. As the debtor proceeds toward liquidation, it must continue to manage its pension plan, but with a new objective—to dispose of the plan through termination or sale. Typically, a debtor that establishes a defined benefit plan also serves as the plan’s sponsor. Members of its management team often serve as the committee that decides ongoing plan matters, such as investing and benefit changes. In addition, the plan administrator, who serves the primary fiduciary role for the plan and manages its day-to-day activities, also is typically a member of the sponsor’s management team. Within this incestuous set-up, huge problems arise when a firm must be liquidated. Defined benefit pension plans maintain investment assets separate from an employer’s assets in order to fund the benefit payments to current and future retirees. Accordingly, an employer has several responsibilities as a fiduciary. In particular, an employer must ensure that its actions and those of the pension plan comply with various federal laws that govern retirement plans, especially the Employee Retirement Income and Security Act of 1974 (ERISA). Responsibility for administering a plan is likely to be thrust upon the liquidator after a company files bankruptcy. In dealing with a liquidating company’s defined benefit pension plan, the plan administrator needs to achieve each of the following objectives: • Manage and dispose of the plan in a way that minimizes the cost or maximizes the recovery to the debtor. • Reach closure in a timely fashion while avoiding any subsequent exposure for the debtor and its manager. • Ensure that the interests of the plan’s participants are addressed appropriately. Although these objectives are not mutually exclusive, conflicts sometimes arise among them. For example, looking after the interests of the participants by enhancing their benefits could reduce a plan’s monetary surplus or increase its deficit to the detriment of the debtor. Accordingly, a plan administrator must take care to ensure that the interests of both the participants and the debtor are addressed properly. Interim Management Defined Contribution PlansDefined-contribution pension plans are typically much easier for a liquidator to terminate than defined-benefit plans. First, the plan document is reviewed to see if it needs to be amended to comply with current law or to correct any obvious disqualifying defects. If necessary, amendments or corrective action should be taken. The bankruptcy trustee then files a motion for authority to (i) amend, if necessary, and terminate the plan; (ii) fully vest all plan participants in any unvested account balances; (iii) take any necessary action to maintain tax qualification of the plan upon termination; and (iv) distribute the assets. If the termination occurs outside of bankruptcy, the governing body (i.e., board of directors, managers, receiver, etc.) passes a resolution authorizing the same. The liquidator should (but is not required to) submit the plan to the IRS for a determination that the plan is qualified upon termination. Any employees who remain employed through the liquidation and any former employees who do not elect to take a distribution prior to termination must wait until the plan is terminated before they receive a distribution. If a participant does not return a distribution form, the plan administrator is required to set up an individual retirement account (IRA) for the participant and roll the benefits into the IRA. Other than the distribution tax notice, no notice to participants or anyone else is required. Problems occur when the plan trustee or plan administrator has abandoned the plan. The custodian of the assets usually will not release the funds without direction from the plan trustee. In that situation, typically the bankruptcy trustee assumes the responsibilities of trustee of the plan. Once all assets are distributed to participants or rolled into IRAs, the plan trustee can resign, assuming he or she hasn’t already disappeared from the scene. When the debtor has not made the requisite contributions, the PBGC normally asserts a claim to recover these amounts. This claim has priority status. Members of the board of directors and other key executives may have personal liability. 401(K) PlansIn the course of business operations, a company frequently establishes and maintains a 401(k) plan, a retirement plan qualified under Section 401(a) of ERISA, for the benefit of its employees. The debtors’ employees who satisfied certain age and service requirements are given the opportunity to participate in the plan. As a result, at the time of bankruptcy, current and former employees of the debtor are entitled to their plan account balances. In a liquidation, the 401(k) plan is typically no longer a necessary or meaningful component of the debtors’ operations or bankruptcy estate. As long as the plan remains in effect, the debtor will continue to incur expenses for ongoing administration and will incur legal expenses as the plan is amended to comply with changes in the law. Under ERISA, these expenses can only be paid by the debtor or from the assets of the Plan. These expenses become completely unnecessary and of no benefit to anyone, since the participants are able to continue to receive the tax benefits provided under the 401(k) plan by transferring their assets to an IRA or to a plan maintained by a new employer. Accordingly, as part of the ongoing resolution of the debtors’ affairs, the liquidator should file a motion with the court for authority to terminate the 401(k) plan and make appropriate distributions to the participants. After the plan’s termination, each remaining participant receives a distribution equal to the amount held in his or her account after the payment of allocable costs and expenses incurred by the termination. Individual participants may elect either to have their amounts taxed currently or defer taxation by transferring the amount distributed to an IRA or a plan maintained by a new employer. The sooner the liquidator takes the necessary action to terminate the 401(K) plan, the better. Deferred Compensation PlansA deferred compensation plan (deferred comp plan) typically allows a highly paid executive to defer a portion of his or her annual compensation until retirement. In order to avoid income tax on this compensation in the current year, the obligation must be an unsecured contractual obligation of the employer/ company. These are not Keogh, 401(k), or other qualified plans. Upon bankruptcy, these executives become unsecured creditors of the estate with respect to their deferred compensation claims, and any plan assets become property of the estate. These plans are often called “rabbi trusts,” because the first such plan was created as part of financial planning for a rabbi. Post-retirement Health BenefitsA Chapter 11 trustee or debtor-in-possession must pay retiree benefits as an administrative expense of the bankruptcy estate. Retiree benefits are limited to health care, accident, disability, and death benefits, and do not apply to give priority to claims by trust funds that administer only pension benefits for retired workers. Likewise, premium payments for retiree health benefits are entitled to priority status as an administrative expense. Premiums are due annually, and the employer is required to pay a full year of premiums, even though it has plans to cease doing business shortly after the premium due date. A bankruptcy procedure, separate but similar to the rejection of collective bargaining agreements, is used in evaluating whether the requirements for termination or modification of retiree health benefits have been met. Unless the benefit plan is modified, the employer must continue retiree benefits. These procedures require that prior to seeking modification of retiree benefits, the employer must bargain with a representative of the retirees, either the union or a separate retiree committee. If bargaining is not successful, the employer can then seek modification of retiree benefits. Workers’ Compensation InsuranceUtah law require that a company either have workers’ compensation for its employees or have a bond on file with the state to satisfy any obligations that may arise under the policies. Premiums are typically based on the experience rating of a company’s workforce. The lower the incident of injury, the lower the workers’ compensation rates. Operating without workers’ compensation insurance is illegal. Employee issues frequently arise in large liquidations. In some cases, the liquidator needs to retain existing employees in order to maintain its subsidiaries’ viability long enough to sell the operating businesses for the best prices. In other cases, the need may be to downsize by laying off employees and closing plants. Special incentives may be needed to entice key employees to stay. Incentives should not, however, be so large that they create problems with other employees who are asked to stay and make financial sacrifices. Particular care is required in implementing plant closings and mass layoffs. The WARN Act may impose substantial penalties on a firm that terminates large numbers of employees without adequate notice. The liquidator should proceed with due care and caution. Terminating pension and other employee benefit plans is complex. If the plan is solvent, the surplus (after paying required taxes) represents a potential recovery for the estate and its creditors. If the plan is insolvent, the deficit represents another source of claims. In either case, the sale or termination of the debtor’s various qualified and nonqualified benefit plans requires a number of carefully executed steps to satisfy the requirements of the IRS, PBGC, and other interested parties and to maximize residual values for the estate. If you are an employee in Tooele and your employer, a large corporation has filed for bankruptcy, consult an experienced Tooele Utah bankruptcy lawyer. Tooele Utah Bankruptcy Attorney Free ConsultationIf you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506 for your Free Consultation. 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
via Michael Anderson https://www.ascentlawfirm.com/bankruptcy-lawyer-tooele-utah/ Estate planning is a very essential act for anyone who wants a bright future for his or her family and friends. Some people evade estate planning because they think it is an expensive task. However, estate planning is not expensive as it seems. Well, all this depends on what expensive means to you. Is it worth all the costs? This and many answers on your mind will be answered in this article concerning estate planning costs. Just read on to fight deeper insights in to this paradox. The cost of your estate planning solely depends on your situation. You may not require a complex estate plan. If that is the case, then your costs will be much less. A simple estate planning just requires you to have a Will; Medical Power of Attorney; Financial Power of Attorney; HIPAA Directive; and a Living Will. Such a plan is usually done at a fixed fee. Most of the families seeking estate planning desire that their information remain private and not interfered by other people or family members. Again, most families wish that great care is taken with those who benefit from their estate. For example, some families are worried that they may lose their inheritance in ad marriage, or their beneficiaries may misuse their inheritance or worse off, lose the inheritance to creditors. Again, families have a great concern on the taxes levied on the inheritance. They also want to avoid costs of probate proceedings on their estate. In such a scenario, there is a trust that plan that can be processed. However, trust planning is a bit costly but it is worth it. Estate planning is a delicate process that has to be handled by a lawyer. Even in a situation where you opt for a simple plan, legal consultation is very vital. Together with the legal consultation, you will require to prepare documents that show what your desires are. The required documents are different and they vary according to your situation. Generally, the most common documents that will be required include medical powers of attorney, a Will, a Trust, and financial powers of attorney. Your attorney will be there to guide you through the decisions that you need to make concerning your plan and then help you choose the best plan for your family depending on your situation. Generally, estate planning costs vary depending on different factors. These factors are the planner and the type of plan you want. Different planners charge differently and they offer different types of plan. Depending on your financial position, that is how you will be charged. The charges levied on you are to cater for the documents, paying your attorney and paying for any taxes or probate fees needed. However, there are numerous planners online and you can visit their websites to get a rough figure of how much they charge their estate plan. Be careful when choosing a plan and ensure that it best fits your family, the assets you possess as well as your financial position. Things not to do in estate planningEvery estate plan is made with unique features. But the same mistakes and problems recur across all the plans. However, each classic mistake is avoidable and what is needed is just the knowledge of your plan and creating enough time to work on your estate plan. Do not Fail to understand the planMost people, even the rich and the sophisticate tend to be passive in the presence of a planner. They depend on the planner to ensure that everything is done according to their wish. You should know that it is the work of the planner to ensure that you understand the basics of how the plan works. Do not overlook that. You should insist that the planner spends time taking you through the planning process and if possible, take important notes during the process. This is to avoid having hazy details on your plan and confusing your heirs on your possessions Do not fail to update asset ownershipYou might have ownership over assets on your own, others may be in a joint title with your spouse, and others may be with your children while others might be in partnerships, vehicles or trusts. These assets need to be reviewed. You should from time to time confirm whether the arrangement still meets your needs, if there are changes in the law that can make the ownership better. You should review your plans to check whether they are up to date or if they may incur unnecessary taxes or become complex. If there is need to update anything, go ahead and do it. Do not fail to update powers of attorneyEvery estate plan has a power of attorney. The financial power of attorney and the medical power of attorney. There is a high possibility of getting disabled and needing these documents before you need a will and the rest of estate planning. It is sad that some people do not have powers of attorney documents or the ones they have kept are obsolete. Ensure that you possess these documents and make sure that they have been reviewed and are up to date with any new terms Do not fail to update the planThere are different parts of an estate plan that become obsolete for a number of people. There are some parts which may vary from time to time. Ensure that you keep in touch with your plan in case there is a major change in your family so that you can alter the necessary details. These changes may include: birth, marriage, divorce or death Points to note when dealing with an attorneyHaving an attorney is a very vital step in estate planning. However, an attorney is among the major factors that determine how much your estate plan will cost. There are a number of factors that need to be considered when you have to choose an attorney for your estate plan. The major factor is the attorney’s reasonableness in terms of the fees he or she will charge. It is good to be vigilant when it comes to attorney’s charges. Apart from the experiences of the attorney in handling legal matters that fit yours, local as well as state wide business practices also influence how much an attorney will charge. Read on to get number of factors which you should consider to determine whether the fees quoted to you are reasonable Most attorneys do not charge fees for the initial meetingIt is true that most attorneys will not charge a fee for the initial meeting with them. However, this has been changing in the recent past. Due to the current state of economy, the attorneys have started asking for a small fee for the initial meeting with you. The argument is based on the fact that the attorney is also a business person and spending time with you takes away time he would have spent with his clients and this should be compensated. Yes, your time is valuable as well as their time. Estate planning attorneys ususally charge a flat fee for estate plansA flat fee involves a one dollar amount that caters for the initial meeting, preparation of basic documents, review of documents, and signing of the documents. There are attorneys who will include assistance in funding your trust as part of the flat fee. Other attorney will charge the funding fee separately depending on how much they will be helping you with when it comes to funding. Alternatively you can choose to have the attorney charge you on an hourly basis. However, this is not acceptable by many people because there is a lot of uncertainty on what the final total cost will be. To avoid this, you can request your attorney to come up with a flat fee that will cover all the charges incurred in the process of service delivery. Inquire about standard hourly ratesIn some situations, despite the fact that the attorney has charged you a flat fee, sometime they may require to have a standard hourly charges or other services. Ask their hourly charges of the attorney you are dealing with. You can also ask paralegals in the same firm. Here is a hint: the more the attorney’s charges, the more experience the attorney has. This will give you a hint of the number of hours the attorney expects the firm to spend on the estate plan you are processing. Keep in mind that, the hours may seem like a lot to you but if the attorney has a great deal of experience, then it will be better for you. This is because they will find time to meet with you and answer your questions accordingly, design a good plan for you, take you through the plan, help you understand in, help you sign the plan and finally help you to fund your trust. The worst question you can ever ask in estate planning is “Can you give me a range of fees that you charge for estate planning documents?” if indeed the attorney goes ahead and gives you a range, then wait for disappointments because you will be focused on the lowest amount on the range given in the quotation. The given range will not allow you to think clearly about the value you will be getting for your money. In a situation where the attorney asks for more than the minimum fee in the quotation, then you will end up getting so disappointed. It is advised that you hold a discussion with your attorney on the estate planning needs first before you get any quotation for any fees because the attorney will be able to give you a reasonable fee that is based on their experience in handling estate plans that resemble yours. Nowadays, it is acceptable that you hold a meaningful meeting over telephone. Instead of meeting your attorney in person, you can consider setting up telephone interviews with at least two attorneys for your initial meeting. This will save you time as well as the attorney’s time. Again, you will be able to tell from the call whether you would want to work with the attorney or not. The attorney will also be able to have an idea of the kind of plan you want and quote a flat fee for your basic estate plan. This will give you an opportunity to quote the flat fee given by both attorneys and then narrow down to one attorney who will suit your needs and then you can set up a meeting in person. I mean, don’t settle for less. There is an old saying that goes, you get what you pay for. Trust this saying. Do not just settle for the cheapest attorney. First, ask the attorney who is going to charge you more why they have to do that. There are attorney who are in the business of selling estate plans in bulk while others have a genuine interest of giving you an estate plan that is of a higher quality. They may choose to become your adviser for life regarding your estate plan as well as other legal terms. Second, put in mind about how comfortable you are with the attorney because you will be required to be open and honest when discussing the most intimate details concerning your personal life and finances. Lastly, trust your instincts and go with how they lead you because it is only you who knows who you need to trust with such vital information concerning your life Charges to do with estate planning vary according to your need and the kind of plan you have. It can be as little as $500 or as much as $10,000 or somewhere in between. Since there are no fixed charges for such plans, you should be able to determine what is best for you depending on your situation. Your next best step is to have your free consultation. Estate Planning Lawyer Free ConsultationWhen you need help with your estate plan, 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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Does A 14 Year Old Child’s Opinion Matter In A Custody Battle? via Michael Anderson https://www.ascentlawfirm.com/how-much-does-estate-planning-cost/ As an entrepreneur who wants to set up your own business, one decision that you have to take is decide on the business structure. Speak to an experienced Midway, Utah Corporate lawyer for assistance. There are different business structures and each has its own benefits. If you already have a business and you need help with your LLC, corporation or nonprofit, you can give Ascent Law LLC a call as wall. We’re happy to help you. Sole ProprietorshipThis is probably the simplest form of business structure and is the one often chosen by the individual entrepreneur for the start-up and subsequent operation. From a tax standpoint, the profit from the business is included with the owner’s individual return on Schedule C and is taxed at whatever rate applies to the owner’s personal tax situation. While a very straightforward form of business structure, it has the drawback of offering no personal liability protection. The personal assets of the owner are exposed to litigation against the business, thus increasing this aspect of financial risk. The business is the responsibility of one person. No other members of the business have any legal arrangement. The individual and the firm are one. PartnershipsWhere more than one individual is involved in the ownership of a business, a sole proprietorship is probably not appropriate and a partnership may be the appropriate business structure. Here again, profits of the business are reported and taxed as part of the owners’ income. The partnership itself pays no tax, but does file an information return. Liability for damages can extend to the partners’ personal assets, although there is protection for some in limited partnerships. A crucial element in any partnership is the careful preparation of the partnership agreement, spelling out profit-sharing and decision-making approaches. A partnership requires two or more practitioners to provide architectural services. The business entity is not separate or distinct from the partners. In a partnership, each individual (partner) is liable for all of the business and professional debts of the entire partnership, and each partner’s assets may be available for claims. It is preferable to establish a partnership with a specific written document. Items, which should be understood by each partner and written in the agreement, take into account each partner’s position in the firm regarding income, loss exposure, and individual partner contributions. Certainly the business structure of choice for large, established businesses, the corporate structure can be, and is, applied to small or medium-sized businesses, particularly where a number of owners or stockholders are involved. The corporate form is generally thought of as providing protection for the personal assets of the owners in the event of a judgment against the corporation arising out of litigation. While General Motors or Dow stockholders may be concerned with large damage awards, the concern is related to the performance of the corporation and not to the security of their personal assets. It should be noted, however, that in the case of small businesses or start-ups, lending agreements may require that at least a part of the owners’ personal assets be placed at risk, thus negating some of the protection traditionally ascribed to a corporate business structure. Another significant characteristic of the corporate business structure is the potential for double taxation of profits. As most stockholders of large companies are painfully aware, corporate profits are taxed at the applicable corporate income rate, and then dividends paid from those profits to the owners or stockholders are again taxed on the stockholder’s personal federal and state returns. Because of these drawbacks to the conventional corporate business structure, there has been developed a modified structure known as an S-type corporation. This is primarily applicable to smaller businesses and is limited to those with thirty-five or fewer stockholders. The S corporation retains the liability protection provided by the conventional corporation but permits the distribution of profits without their being taxed at the corporate level, thus eliminating the problem of double taxation. Corporations are separate legal entities with independence under the law. The corporation is a complicated business structure when compared to a proprietorship or partnership. There are legal requirements for boards of directors, income-tax preparation, corporate minutes, and state-by-state reporting regulations. The corporation does create its own entity, perpetual life, which transcends the individual leadership. The corporation exists as a legal independent entity. It can hold and convey property and sue or be sued in its corporate name. Management is centralized in the board of directors, usually independent overseers. The corporation can transfer interests and limit shareholders’ liability. FranchiseAt the close of the nineteenth century, franchising was still in its infancy. Companies clearly recognized the limitations of the agency system as a method of distribution for complex brand-name goods in the national market. They modified agency sales to suit their needs, but none of the firms using various modifications of the agency system fully understood the potentials of franchising. Similarly, the courts had yet to recognize that the rise of big business had substantially changed the nature of the relationship between large firms and their sales representatives. The full impact of these alterations would become more apparent as large firms gained greater experience in selling nationwide through outlets they did not directly own. In the twentieth century, the burgeoning automobile industry led to the fuller development of franchising. Once franchising became a desirable tool for building a brand identity for generic goods, the stage was set for the expansion of business-format franchising. The owner of a business-format franchise bought not only the right to sell a manufacturer’s product but also a complete package of services that typically included a fully equipped outlet, training, continued advice, and regular assistance in virtually all areas of operation. This, in turn, led to the situation where the franchise became a product in its own right and ultimately to the creation of a franchise industry where the franchise holder was the customer and the opportunity for business success was the product. A franchise is a business that uses a parent company’s name to sell a product while maintaining a degree of independence from the parent. The parent company is called the “franchisor,” and the person opening one of these satellite firms is the “franchisee.” To set up a franchise, a franchise contract is drawn up between the franchisor and the franchisee. This contract specifies quality standards for the product, service standards for management and employees, and the financial conditions under which the franchise is formed and operated. The franchisor, after all, must be certain that its reputation is protected as the franchise chain expands. One advantage is that franchises are fairly easy to organize. Like other businesses, the franchisee must abide by local zoning rules. Negotiating the specific terms of your contract with the franchisor should also be a routine task because the franchisor, most likely, has a standard set of expectations for all franchisees who join the franchise chain. As an added bonus, your creditworthiness typically gets a boost from being associated with a major franchise chain such as McDonald’s, Radio Shack, or H&R Block. The franchisor may even help you finance the start-up costs for your business. This is important because the range of start-up costs runs from thousands of dollars to hundreds of thousands of dollars. Secondly, franchisors offer technical assistance to franchisees. This type of assistance includes the training of a franchisee in effective management techniques, linking the franchisee with suppliers of materials or resources that are needed in production, and so on. And you are still the boss, entitled to the same inner satisfaction felt by successful proprietors or partners. A third advantage is immediate name recognition. Franchisors spend freely on national advertising and marketing for their product line. The purpose of this advertising is to promote sales for the entire franchise chain, and you benefit from this publicity. One disadvantage is your obligation to pay a franchise fee to the franchisor. “Franchise fees” vary from firm to firm, but the dollar amount– which could be measured in a percentage of the franchisee’s profits–is clearly stated in your franchise contract. These fees, coupled with the start-up costs, represent a considerable sum of money. Finally, the stability of the business falls on the back of the franchisee. In this respect, the franchisee shares a burden similar to that of the sole proprietor. What would happen to the firm if the franchisee suffered from a prolonged injury or sickness? As was the case with all other types of businesses, there are no guarantees of success. Other FormsTwo additional types of businesses also have an important role to play in the U.S. economy: cooperatives and nonprofit organizations. One feature of these types of business organizations that immediately stands out is that they are not organized to earn profits! This sets them apart from all other types of businesses where profit is the primary motive for their existence. CooperativesA cooperative, or co-op, is a voluntary association of people that conducts a business activity to serve its members rather than reap a profit. Members of co-ops usually belong to a group, such as producers within a certain industry, workers in a labor union, or the like. In addition, members of co-ops are usually required to pay a small fee to join the co- op. Co-ops exist all around us. For example, a food co-op allows members to shop at the co-op store, where prices for some food items are lower than those at supermarkets. Agricultural co-ops help members negotiate better prices for their output. Financial co-ops, such as credit Nonprofit OrganizationsNonprofit organizations provide important services to people, but do not do so for profits. Because they do not seek profits, issue stock, or pay dividends, they are exempted from paying taxes to Uncle Sam! Many groups involved in charitable, humanitarian, or community service activities are nonprofit organizations. Examples include the American Red Cross, the Cancer Society, and the Boy Scouts and Girl Scouts of America. It may seem strange to think of these organizations as “producers,” but they all use resources to provide goods and services. And while profit is not their incentive to produce, the fact that they continue to thrive–mainly on voluntary donations–hints that Americans value what they produce. InsuranceMany businesses are required to carry some forms of insurance, such as workers’ compensation. Other types of insurance, particularly liability insurance, may not be required, but are generally advisable. In the case of a sole proprietorship or partnership, such a policy may protect the entrepreneur from losing personal assets. In the case of a corporation, such a policy may protect the firm’s assets. There may be a number of other types of coverage which you should also consider. Meeting Government RequirementsDifferent municipalities and counties have different requirements for starting a business and different agencies to administer those requirements. Local ordinances might also require that particular types of businesses, for example those working with food, be licensed. The federal government also has regulations. The legal requirements that will affect the business should be evaluated before the business opens its doors. Free Consultation with a Utah Business LawyerIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law 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/corporate-lawyer-midway-utah/ Divorce has been having fluctuating rates and factors since the 20th century. However, in 1990, there were many observations made concerning divorce. Did the divorce rates increase. Did they decrease? Why did they change? Were the children affected? These and more questions you ask yourself. Continue reading the article to the end to get a better insight and answer to your questions. Here is a brief history about divorce within four decades 1970sIn California, a no fault divorce bill was signed making it possible for couples to file divorce without having to prove to the court that their spouse was unfaithful or had abandoned them. Within no time, other states adopted the culture and couples could now split on the basis of irreconcilable differences. The no fault divorce led to more freedom in marriage in the 70’s. However, this had terrible consequences. About 50% of the couples who married during this time ended up getting divorced and approximately half of the children who were born by couples married during this time watched their parents getting divorced. Many of those splits were initiated by women: Over 70 percent of women in some states filed for divorce after the introduction of no-fault divorce. 1980sNo fault divorce continued ruling the way people viewed divorce. However, some states imposed different rules on marriage and divorce. There are some states where you could obtain a no-fault divorce after being separated for a year while other it was for two years . Still, there was not enough light for child support. In the 80’s most states and nations came up with guidelines that ruled child support especially in situations where the parent who had the child custody was not financially stable to care for the kids. The Uniform Marital Property Act was passed in 1983 by some states to put an end to squabbling over property that had been acquired during marriage, but it also made this clear: Any property acquired before marriage belongs solely to that person. 1990sIn the 90’s many couples sought mediators who would help them sort their disputes instead of having the court help them battle their differences. Even in this, court would refer most couples to mediation during this time.it is during this decade when covenant marriages became popular in most states. In this covenant marriage, couples were allowed to sign contracts that required them to seek mediation, counseling, as well as other restrictions before filing a divorce. Essentially, the covenant marriage would make it hard for a couple to get a divorce. 2000sIn this decade, the collaborative process kicked off. This is a voluntary process that couples can elect prior to filing for a divorce where they agree to sit down with their respective attorneys in four-way meetings and focus on a settlement that is in the family’s best interest couples would agree to be honest and upfront about all information, more couples could actually avoid court. Well, it was also a proper way of making divorce less expensive. Divorce rates statistics in 1990In 1990, the approximate number of divorcing couples in the United States was 1,182,000. This was the highest number recorded since 1985. In 1985, the number of divorcing couples was 1,190,000. This recorded number in 1990 was 3% lower than the peak number recorded in 1981 which was 1,213,000. In 1991, the number remained the same but increased slightly in 1992. Women at risk of divorce had a high number which kept on decreasing until 1994. i n general almost 2% of married couples divorced in 1990. Children involved in divorce in 1990sDivorce affects children both emotionally, physically, and economically. The number of children involved in divorce in the 1990s was approximately 1,075,000 every year. This number kept on fluctuating and it depended on the number of couples that were divorcing at that time. The age of these children was ranging between 3 to 15 years. The effect of divorce was a huge burden to bear and it affected them in the following ways:
Reasons why divorce rates increased in the 1990sDivorce rates did not increase in the 1990s for no reason. They were prompted by a number of factors. These factors were either social, economical, emotional or legal. Divorces became commonDivorce was no longer a taboo as it was viewed in the past. People took divorce as a norm and once married, you had an option of divorcing. In the early 1900s, divorce was not an option. Government and religious leaders were trying their best to set up rules which would help eliminate divorce. Any divorced couple was viewed as f failure in the society. Worse off, the women from divorced homes were seen as weaklings as they could not support their marriages. Therefore, divorce was never an option. As years progressed, divorce became common and hit its peak in the 1990s as men and women found it easier to divorce. Rules concerning divorce became easyInitially, for one to divorce, you had to provide evidence that your partner was unfaithful, or he or she had abandoned you. This was not a walk in the park for couple who wanted to divorce and they ended up staying together. As the years progressed, one could just get a divorce without having to provide such evidence. This made things easier and couples were now free to divorce at all costs. Additionally, here were courts set specifically for divorce and other family issues. Therefore, any couple that wanted a divorce would not have to got to the law courts to file a divorce. Advancements in technologyTechnology affected divorce rates at a very high percentage. There came asier ways of serving papers to your partner whenever you wanted a divorce. Initially, you would be the one serving the papers of divorce to your spouse and this sounded so hard for the other spouse until they had to give up on the divorce. As the years advanced, there came better ways of serving the papers and therefore, any couple that wanted divorce would find it easy to send the documents without necessarily having to meet the spouse. Mailing wa the most efficient method of sending papers and the following mailing methods are being use to date: First class mailYou can send the petition to your spouse through their postal address together with an acknowledgement form where your spouse will be required to sign, date, and send them back. If they do not return them by the specified method, you might be forced to use another method to send the papers Certified mailUsing a certified mail requires you to send the divorce papers along with a return receipt for your spouse to sign. This return receipt is then mailed back to the sender and serves as a proof of service in court. Still in technology, advancement in media brought up divorce cases. The TV shows became inclined on divorcing couples and those who got addicted in watching them ended up getting a divorce as a result of what they see on their screens. Since communication was becoming easier, cases of infidelity were on the rise and couples could no longer trust one another. Therefore the end result was divorce. Support for children was made clearer and easyChildren used to be the unifying factors between parents. Every time the thought of divorce would cross their minds, they thought about their kids and how much they will be affected. However, in the 1990s, there came different ways of supporting the children which had to be decided in court. This made parents feel more secure sicne their children could be supported and taken care f their partners or themselves in the following ways: Through child supportIf you are going through a divorce and there are minors involved is mandatory to include the child support clause. The support is compulsory whether the parent is unemployed or is nowhere to be found. Different states have different laws that dictate the guidelines for payments. The settlement amount is pegged at certain levels depending on the amount of time spent with the minor and the level of income of the concerned parent. The pegged amount can include or exclude the following expenses, child care, health care and insurance, travel and visitation costs and special education and related expenses. Through child custodyThe law stipulates that children under the age of 18 are minors and therefore both parents must decide on their custody. There are four main types of custody that the court can grant. There is the sole physical custody in which the minor is under the supervision of one parent. The second type of custody is the sole legal custody where one parent will make all the decisions concerning the welfare of the minor. The other type of custody is the joint physical custody in which all the parents will have physical contact with the minor at separate times. The last type of custody is the joint legal custody in which all the parents can make decisions concerning the wellbeing of the minor. Women empowerment Women used to be patient with abusive partners. Actually, the society would deem a woman who stay in an abusive marriage as an ideal wife. However, they were hurting and having a rough time in abusive marriages. While the society would not allow them to file for a divorce, some people came up with women empowerment groups. These groups would educate women on the importance of speaking out whenever they experienced domestic violence. They were advised to stay away from abusive marriages and whenever their marriages would not work, they would file for a divorce. This made women stronger and hey could not sustain any form of abuse in marriages. As a result, the rates of divorce were on the rise. Is It Time For Divorce?It is profound that divorce rates were o high during this particular decade. However, this was not a good gesture. As the divorce rates went high, so did cases of mental illnesses shot. Different regions had increased rates of suicide and school dropouts by children from broken homes. In as much as divorce has its positive sides like women were able to evade abusive marriages, the negative effects outweigh the positive ones. The increased rates affected the economy of different states. This was due to property misunderstandings that cropped up among couples as they vowed to divorce. The children who were taken as the future generation got adversely affected by the divorce rates and ended up engaging in drugs and other heinous activities. The couples who divorced were left with scars and they started on different revenge missions which dragged the development of any particular region. However, the government took it upon themselves to educate people on effects of divorce as well as how to avoid it. The rates are going down every year and that is a positive feedback Divorce Lawyer Free ConsultationWhen you need legal help from a divorce lawyer 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
4.9 stars – based on 67 reviews
What Does It Mean To Serve Divorce Papers? When Is It Right To Seek Full Custody? via Michael Anderson https://www.ascentlawfirm.com/did-divorce-rates-increase-in-the-1990s/ |
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