What are Utah’s Legislature Law Regarding Dog Bites?Title 18-Chapter 1 of Utah State Legislature’s Utah Code says, “every person owning or keeping a dog is liable in damages for injury committed by the dog.” It also says that it is not necessary to prove any dog or owner was guilty of a “mischievous disposition.” If you were attacked by more than one dog, and the dogs are owned by different individuals, then all of the owners of the dogs involved are liable to your injuries and damages. Why Would I Need a Lawyer for a Dog Bite Case?While cases can be won without representation, the trend shows that fighting the legal battle with a lawyer will reward you with a much higher settlement. It is proven that plaintiffs without legal representation often misstep in their case by giving a recorded statement, demanding too much or too little, assuming the system makes sense, taking the insurance company’s “final” offer and settle the case without knowing the full extent of their injuries. Utah Dog Bite LawInjuries from dog bites can be extremely serious, and cost the victim large sums of money due to medical bills. In addition, dog bites may cause strong emotional trauma to young children. Children who have been bitten by a dog may experience loss of sleep, fear of dogs, and general trepidation. It is important for anyone whose child has suffered from a serious dog bite injury to seek an experienced personal injury attorney. An attorney is invaluable in sorting through state laws regarding dogs, gathering and evaluating medical information and negotiating with dog owners or insurance companies. Dog bite law differs from state to state. Some state use a “One Bite” rule that is that an owner is not liable if they do not know that their dog might act aggressively. However, once a dog has bitten someone, the owner is on notice and can be held liable for later injuries. Still, other states will not hold an owner liable if the dog was provoked or if the person bitten had no legal right to be where they were at the time they were bitten. However, more and more states apply a strict liability standard. That is the dog owner is liable for the injuries caused whether the owner knew the dog to be potentially dangerous or not. Utah follows the strict liability standard. Utah law places responsibility upon the dog owner for any injuries caused by the pet. That is, a dog owner in Utah need not be aware of the dog’s vicious tendencies before the owner is responsible for the damages caused by the pet. The person who was bitten does not need to prove that the dog was vicious or that the owner knew that the dog was vicious. Every person owning or keeping a dog is liable in damages for injury committed by the dog, and it is not necessary in the action brought therefore to allege or prove that the dog was of a vicious or mischievous disposition or that the owner or keeper of the dog knew that it was vicious or mischievous. If two or more dogs are acting together and they are owned by different owners’ liability, both owners can be joined as defendants. Liability among the dog owners is to be apportioned among them and judgment is to be entered severally against all of the owners. Severally liable means that if two dogs are deemed to have caused injury and one of them caused most of the damage, say 80% while the other dog caused 20% of the damage, the owner liable for the 20% would only have to pay 20% of the damages, even if the owner with 80% liability could not pay for some reason. This is different than “joint and severally liable” where Arbitration of Dog Bite CasesUtah allows the use of binding arbitration to resolve bodily injury claims for dog bites. Arbitration can be a good solution for the resolution of a dog bite case. Arbitrations are less formal and are typically faster and cheaper than taking the matter through trial. In order to eligible for binding arbitration under Utah’s dog law a complaint must be first filed in court and then a notice to submit the case for arbitration must be filed within 14 days and the complaint has been answered. An arbitration award under this statute cannot exceed $50,000 in addition to medical benefits and a claim for property damage. There are other limitations of the recovery under the arbitration statute. For instance, recovery is limited to the amount of monies available from insurance and punitive damages are not available. Discovery is available as provided for under Rule 26 of the Utah Rules of Civil Procedure and the Rules of Evidence , but with caveat that discovery is to be completed within 150 days after the election of arbitration. If either party is not satisfied with the arbitration award, they can seek a trial de novo. However, if the award at trial is not different by 30% from the arbitration award, the party moving for trial de novo will pay the costs of the other party. Comparative FaultEven though Utah is a strict liability state, the actions of the victim are taken into account. A dog owner may not be held responsible for the acts of his dog if the victim is to blame. For example, of the dog was provoked by kicking or striking, teasing or tormenting the dog. In a case such a provocation, a comparative fault analysis is available which would apportion blame between the owner and the victim. Petting or playing with a dog is not usually considered provocation, unless the victim was warned not to do so. A comparative fault analysis is typically not available in the case of children being injured by a dog. A child is not expected to know not to provoke a dog, depending on his or her age. If a dog owner is held responsible for a child’s injuries from a dog bite, the owner will be required to pay for treatment of all of the injuries caused by the animal. The owner may also have to pay extra money for physical pain, mental anguish, and apprehension of rabies. In addition, the owner may have to pay punitive damages, which is money required to punish the owner, if he knew about the vicious nature of the dog. If a dog is found to be extremely vicious, a court may require that the dog be put to death. Time Limits on Utah Dog Bite CasesUtah, like all states, has its own “statute of limitations” that sets a time limit on the filing of lawsuits in Utah courts. In Utah, a person injured by a dog has four years to bring any case to court. This four-year time limit typically starts running on the date of the injury, but since certain situations can change the running of the statute of limitations, it’s important to understand how the rule applies in your particular case. And remember, if your case is not filed within the four-year time limit, the court will almost certainly refuse to hear it. Defenses to Dog Injury Lawsuits in UtahUtah’s dog injury law is comprehensive, so very few defenses are available for those facing a lawsuit under Utah’s dog injury statute. The law does create an exception to liability for trained law enforcement dogs who are “reasonably and carefully being used in the apprehension, arrest, or location of a suspected offender or in maintaining or controlling the public order.” When a Utah dog bite or other dog-related injury case is based in negligence, however, a dog owner may raise one or more defenses. For instance, the dog’s owner may argue that the injured person was partly or totally responsible for the injuries. This argument, known as “comparative negligence,” may apply if, for instance, the injured person was provoking the dog at the time of the injury. Utah is a “modified” comparative negligence state. If the injured person is found to be less than 50 percent at fault, Utah law requires the court to reduce the injured person’s total damages award by a percentage equal to his or her fault. If the injured person is found to be 50 percent or more at fault, however, he or she is barred from collecting any damages at all from any other at-fault party. If the injured person was trespassing at the time of the injury, a dog owner may also be able to argue that limits on homeowner liability for trespasser injuries apply to the case. Things You Must Do After a Dog Bites You in UtahAlmost every city in Utah has a law that requires dog owners to put a leash on their dog to prevent injury – and sometimes even death – to others. Because under Utah law, if a dog gets out and bites you, dog owners become “strictly liable.” What this means is that the dog owner will held responsible, except in those cases where the victim may have provoked the dog. Even where the dog may have been as peaceful as could be before the bite, with no history of even nipping at someone, the dog owner will be accountable. The Utah dog bite rules says: “Every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefore to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous.” Thus, while some states have a “one free bite rule,” Utah law puts the responsibility on the dog owner for the dog’s very first bite, even if that bite was unexpected. And it doesn’t even have to be a bite. A young child or jogger who is trying to get away from a dog off its leash and injures him or herself, is one of the people who is meant to be protected under this rule. Damages from dog bites can include the cost of medical treatment, shots, plastic surgeries to help reduce scars, visible scars, scar tissue, muscle and ligament damages, lost time from work, future time off work, emotional distress, etc. These claims are usually made against the home owner’s insurance policy of the dog owner. If the dog owner is a renter, however, they will typically not have this type of coverage. • Get the contact information for the dog owner or person in charge of the dog, including their name, phone number and address; Who will be held responsible for the dog’s actions?According to Utah law, the dog owner is nearly always responsible for any injuries the dog causes. The only exception applies to those dogs used by police officers. However, police dogs can only avoid liability under two conditions. First, those dogs must be trained. Second, the injury must happen while helping officers arrest a suspect or maintain public order. Utah law also specifies that the injured person does not need to prove that the dog was vicious or that the owner knew this. While some states do not hold owner’s responsible until the dog’s second bite, Utah starts punishing owners from the very first bite. However, just because a dog bite someone does not mean the owner must automatically pay for the injuries. Utah compares the fault of the owner to the fault of the injured person. A person cannot intentionally provoke a dog and then blame the owner for the injury. Usually, little children will not be held responsible since they do not know any better. Sometimes an injury can come from multiple dogs owned by different people. In this case, Utah law holds all of the owners responsible as joint defendants. If found responsible, the court will require each owner to pay a certain portion of the total damages caused by the attack. What can I receive compensation for?If the owner is found responsible, then he or she will need to pay for the injuries and any other damages caused by the bite. Typically, a dog owner’s home or rental insurance will cover these costs. The owner may need to pay for: When should I seek help?After a dog bite, you should do several things to ensure that someone will be held responsible for the attack. Further, Utah law only allows an injured person four years to file a claim against the dog’s owner. If the dog injured a child, then this four year time limit does not start until the child reaches the age of 18. However, this statute of limitation can vary based on individual circumstances, so please do not wait to act. What else should I know about Utah’s laws on Dog bites?If you are a dog owner, you need to realize your responsibility for your dog. You can also take certain steps to avoid creating aggression in your dog. If a dog attacks another animal, a person can injure or kill that dog without legally getting in trouble. Dog Bite Injuries to the FaceWhen a dog wants to bite a human, it will likely call back to its animal instincts and attack a person’s head and neck area. From the Centers for Disease Control and Prevention’s (CDC) latest report in 2012, nearly 900 thousand people were hospitalized for dog bite injuries and half were small children. Statistics of Facial Dog Bite InjuriesIn a study done on facial repair of dog injuries to the head and neck, 45% of the cases were from pit bull attacks, in two cases that had multiple dogs involved, all were pit bulls. Injuries to the lip made up 21.7% of cases followed closely by dog bite injuries to the cheek and nose. Those who needed surgical repair and had to go to the operating room were all children. The cost of dog bite injuries to the face result in staggering hospital costs. On average, homeowner’s claims for dog bites in 2012 paid out nearly $30,000; however, considering some facial surgery costs can go into the millions, it’s easy to see why medical debt causes many to go bankrupt. Not only can the medical costs rise, but psychological pain and suffering from suffering large facial injuries and the resulting scarring can be devastating. Dog bite injuries can be serious, especially if the bites are on the head or neck. Your medical bills will climb if you have to get surgery for the dog bite wound. These mounting medical bills, accompanied by pain and suffering can wear you down and even make you bankrupt! However, you don’t have to go into debt. Utah Dog Bite LawyerWhen you need legal help from a Utah Dog Bite Attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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To get divorced in Salt Lake City, Utah, you or your spouse must reside in the county for at least three months immediately before filing the divorce petition. If custody of a minor child is an issue, usually the child must reside with at least one of the parents in Salt Lake City for at least six months, but there are exceptions. Divorce can be devastating; however, uncontested divorces are often less devastating to your finances and sanity than contested ones. Instead, Utah’s uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with attending a trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial. Uncontested Divorces in Salt Lake, UtahUncontested divorces are an option available to divorcing Salt Lake couples with or without children. These types of divorces are generally less expensive and faster than traditional divorces because you avoid the expense of attorneys, custody evaluations and hiring experts for trial. If you and your spouse are able to agree on all issues regarding your divorce, including child custody, visitation and support, then an uncontested divorce is a real option. However, if you and your spouse cannot reach an agreement on any issue in your divorce, then your divorce becomes contested and you will be required to attend a trial where a judge will decide the remaining issues in your divorce case. The following is a list of some of the major issues that must be resolved between you and your spouse before filing an uncontested divorce action in Salt Lake City: If you meet all of the above criteria, you may proceed with your uncontested divorce by filing the required forms. If you plan to file for divorce without the help of an attorney, you will be responsible for filing the right documents with the right court. Utah’s district courts oversee divorce cases and trials. Utah has approximately 70 judges serving in the state’s eight judicial districts. Where you live will determine where you file for divorce because generally, you will file your divorce paperwork in the county in which you live. If you and your spouse have separated but still reside in Utah, either the county in which you lived, or where your spouse has lived for the last three months is proper to file your paperwork. Preparing Divorce Forms In Salt Lake City, UtahThe Utah Courts site offers online forms for completing an uncontested divorce available here and or in hard copy at your local courthouse. The following documents must be filed with your divorce paperwork: Completing Your DivorceUtah has a mandatory 30-day waiting period to complete a divorce. Under extraordinary circumstances, the 30-day waiting period may be waived. However, before a divorce will be granted to parents of minor children, both spouses must complete the Divorce Education Course. Utah does not require that you attend a court hearing before a judge will finalize your uncontested divorce. Instead, if all your paperwork is filed correctly and the judge finds that your agreement is reasonable and/or in the best interests of your children, then the judge will sign the Findings and Decree of Divorce. Note that the date the judge signs your Decree, is when your divorce becomes final. MediationAdditionally, many people go through the mediation process when seeking an uncontested divorce. It is important to talk with an attorney even if you intend to mediate. Mediators do not represent individual parties and are not able to give legal advice to individual parties. You may be waiving rights without knowing it if you mediate without consulting an attorney. Whether in mediation or in informal negotiations, attorneys can guide you through the divorce process. Residency and Where to FileIn order to file for divorce in Salt Lake City Utah, the party filing for divorce must be a resident of Utah and the county for at least 3 months. The case must be filed in the District Court in the county where the residency requirement is met. ProceduresThe simplest procedure is an uncontested divorce where you and your spouse reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them. You begin the divorce procedure by filing a Complaint for Divorce, along with various supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce. Collaborative DivorceUtah offers this process where each party hires a lawyer to assist them in trying to reach an agreement on all issues. There may also be a facilitator involved, to help focus the discussion. It is similar to mediation. Both parties must agree to this process, and either may stop it at any time. Any agreement will be signed by the parties and submitted to the court to be incorporated into a judgment or decree. Grounds for DivorceGrounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Utah, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds. To get a no-fault divorce in Salt Lake City, you need to state in the Complaint for Divorce that “there are irreconcilable differences in the marriage,” or the parties have been living separate and apart without cohabitation for 3 years under a judicial decree of separation.” The fault-based grounds for divorce are: impotence, adultery, willful desertion for more than 1 year, willfully neglecting to provide the plaintiff with the common necessities of life, habitual drunkenness, conviction of a felony, cruel treatment to the extent of “bodily injury or great mental distress,” and incurable insanity. However, in most cases, there is no reason to use any of these, since they add complexity to the process by requiring proof. Property DivisionA divorce involves dividing property and debts between you and your spouse. Utah divorce law provides that all property is marital property, regardless of how or when it was acquired. Absent an agreement of the parties, the judge is directed to divide the property “equitably.” Alimony in Salt Lake City, UtahAbsent an agreement of the parties regarding alimony, the court is directed by Utah alimony law to consider the following factors in determining alimony: Child Custody in Salt Lake City, UtahIf you and your spouse have any minor children, there will have to be a custody determination, which basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. If you and your spouse can reach an agreement on custody, it will be accepted by the judge unless it is determined not to be in the child’s best interest. If you cannot reach a custody agreement, the judge will decide the issue, after considering all relevant factors, including: Determining FactorsDivorce is a complex process. People need to understand that no two divorces are the same, and even though the same rules and regulations apply to everyone, the length of a divorce process is never the same in two cases. Salt Lake City Utah Divorce AttorneyWhen you need legal help with a Salt Lake City Utah Divorce, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Bankruptcy Fraud Legal Defense Did Divorce Use To Be Illegal? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Salt Lake City Utah Divorce Attorney first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/salt-lake-city-utah-divorce-attorney/ When determining whether to take part in arbitration, mediation or litigation, the individual will need to assess the pros and cons of each process and why to choose one over all others. It is important to consider that most arbitration conclusions are binding to all parties involved and usually do not lead to an appeals process. Before fully deciding which option to choose, there are certain legal requirements depending on the state the person resides in and involving the personal injury. If there are necessary processes that lead to arbitration or mediation first, the victim may not have any options available to pursue. However, these issues need addressing with a legal representative to assist with progressing through the legal channels appropriately. When deciding upon which process to consider, the person may need to understand each procedure first. With arbitration, the parties involved will determine certain matters. These may include who pays which items such as court and legal fees. Another concern is how the arbitration will occur and if it will have binding or nonbinding results. Then, an arbitrator is chosen to determine the final decision. Unless the outcome is unreasonably unfair, an appeals process is not possible after the arbitrator concludes the process. Similar items are necessary such as evidence and witness statements. Experts in certain issues could present testimony that may affect the outcome. Pros of ArbitrationPersonal injury claims are complex matters that often require significant evidence to prove that another person or entity is responsible for the damage caused. Arbitration processes are voluntary with all parties agreeing to the factors involved with binding or nonbinding results. For damage awards to ensure that the victim receives compensation, the individual may need to go through the same processes that litigation requires. This may lead to additional witnesses providing testimony, an expert in the matter to connect liability and a lawyer to help convince the arbitrator that the victim should receive compensation. The pros of this process often include the binding results when the third-party arbitrator decides the injured has sufficient evidence to prove the case. The formal process is similar to litigation, and the parties involved may find this comforting. While the results of the process may have a binding effect, the costs and time is generally significantly less than the litigation method. Arbitrators often have years or decades more experience than the standard judge in a courtroom, and his or her judgment takes into account all factors supplied by the parties. Lawyers specializing in arbitration may assist in a greater degree when they are not arguing against certain aspects of a case. A faster process may also supply either side with enough time to make the case without complicating matters too much. Cons of ArbitrationThe primary concern in arbitration with a personal injury claim is the binding or nonbinding judgment. If the plaintiff seeks compensation for his or her situation, a nonbinding outcome usually provides little resolution. Additionally, a binding judgment may not include as much compensation as necessary for a full recovery from the negative circumstances. With little options for appeal, the person may face only a slight increase in quality of life from the arbitration process. He or she may also need to agree upon the procedure entirely with the other party before it may begin. Then, an arbitrator needs picking so there is a third-party with experience in making a ruling. While the process is usually much quicker than litigation along with fewer costs, the person may still need to hire a lawyer to assist with the entire event. Adding in an expert witness and the expense of the arbitration may increase to more than the individual expected initially. The plaintiff may not have any familiarity with this legal method, and he or she could remain confused until the lawyer has time to explain various matters. Legal Support in Personal Injury ArbitrationWhen choosing to go through with arbitration, the plaintiff should consult with a lawyer. The legal representative may need hiring after he or she receives a full explanation of the case details. This could increase chances of success significantly, and the client may lose his or her confusion after the hire. The Pros and Cons of Hiring 84604 Accident LawyerAfter an injury, you are likely to want compensation. If you think that you have a case, you may want to deal with this yourself or you may want to hire a personal injury lawyer. Unless you understand the legal system well, it may be best to hire a professional to help you get the amount that you deserve and to ensure that you do not get tricked out of money by the opposing company or person. A trained lawyer has many years of knowledge and experience regarding how to deal with court cases, when to file law suits, and how to speak in a court of law. Furthermore, it may be a very difficult time for you, and the added stress of fighting your own case may make any injury worse, especially if it has caused time off work or mental health problems. As stated earlier, those who use a personal injury lawyer are more likely to get a bigger payout, as well as win their case. Most of the time people look for the cons due to the fact they are unwilling or unable to spend the money on a lawyer. Luckily, there are many ways around this, including not paying until you have won the case or setting up a payment plan with your lawyer. You certainly get what you pay for when you find an experienced and trustworthy lawyer who is willing to do all they can to fight your case. Why Hire an 84604 Accident Lawyer?The law can be very confusing, and it can take a long time to get your head around all the rules and regulations regarding personal injury in your specific state. Each state has its own laws and so you need to understand the Utah laws as well as those of your state. If you aren’t covered by a lawyer, companies will attempt to catch you out where they can or massively underpay you. A personal injury lawyer will be able to fight with you every step of the way and overcome any problems that you may not be able to alone. The most important reason that clients choose a personal injury lawyer is that these lawyers are able to accurately value what you are entitled to, based on your injury and the extent of the damages. What to Look for in a Personal Injury LawyerSpending your cash on a personal injury lawyer is no easy task, especially if your injury has left you unable to work. Choosing a lawyer that has many years of relevant experience in personal injury is a good place to start. You should also check out reviews and have a meeting with them to determine if they are the right person to bring your case to court. This is an important role and so you need to trust your lawyer and feel comfortable allowing them to represent you and your case. Hiring a personal injury lawyer is certainly worth it to take as much stress out of your claim as possible. If you are worried about the fees, speak to your lawyer before hiring, as many personal injury lawyers have a no win, no fee option. If you have been injured in an accident caused by another’s actions, it is in your best interest to hire a car accident lawyer as soon as possible to help with your injury claim. An attorney will represent your interests throughout the process and will be dedicated to defending your rights. Ways an Attorney Can HelpHiring an accident lawyer can be extremely valuable to your injury claim. These are some of the many benefits to hiring a lawyer and how he or she can help with your claim. Handle the Insurance Company for YouInsurance companies are in the business of making money. Their insurance adjusters are highly trained at negotiating insurance settlements and will do everything they can to minimize what they pay, even to the point of denying a valid claim. If you do not have experience negotiating with insurance companies, it can be difficult to ensure your best interests are represented and that you receive the full value of your claim. Furthermore, an insurance adjuster may get you to inadvertently issue a statement or make a comment that could affect your ability to recover the compensation you deserve. Having an attorney represent you before the insurance company can have a significant impact on your claim. Your attorney will: Prove Liability for Your InjuriesOften one of the most complicated parts of an accident injury claim is proving that another’s negligence caused your injuries. This is an important part of every accident claim, as individuals harmed by another’s actions have the right to compensation. However, all parties involved will likely attempt to shift blame, making it difficult to prove exactly who is liable for your injuries. An accomplished personal injury attorney will be able to sift through the evidence to determine exactly who caused your injuries and then build a strong argument on your behalf. Having handled many complex personal injury and auto accident cases, attorneys have the skills and resources to obtain the evidence needed to build a case on your behalf. This can include: Determine the True Value of Your InjuriesAnother complicated part of many accident claims is making sure you receive compensation that is representative of the true value of your claim and the damages you have suffered. Insurance companies are skilled at convincing injury victims to accept lowball settlement offers and will work to pay as little as possible for your claim. However, attorneys who have handled countless auto accident claims know the true value of your claim and will not accept any settlement offer that does not cover the full extent of your losses. Attorneys will work to help make sure you receive compensation for all of your losses, including those you have lost in the past and may lose in the future. This can include: Negotiate a Fair SettlementInsurance adjusters spend their days negotiating insurance settlements. They are skilled negotiators who vigorously fight for their best interests. So too are auto accident lawyers. Before entering into a negotiation with an insurance adjuster, contact a trusted accident lawyer who has experience doing just that on a regular basis. File a Personal Injury Lawsuit if NecessaryA significant benefit to hiring an accident lawyer to handle your claim is that an attorney can advise you of all of your legal options. If the insurance company is unwilling to offer a reasonable settlement amount, attorneys are prepared to file a personal injury lawsuit to help you get the compensation you deserve. This step is often the action that pushes the insurance adjuster to offer a fair settlement, even before the case goes to court. Insurance policies are nothing more than contracts that detail the responsibilities of each party. However, deciphering the details of these legal documents can be complicated. Additionally, there are likely many laws and regulations that apply to your accident that only an attorney will be able to identify and potentially use to your advantage. The Benefits of Hiring an Accident AttorneyAn accident can negatively impact the lives of victims and their families. Sorting out medical care, time off work and property damage can feel burdensome, especially if you do not know where to start to pursue compensation for these damages. If you have been injured in an accident, legal representation may be in your best interest. Talk to a skilled accident attorney in Utah and have him or her review your claim. A well-respected lawyer will navigate the claims process, handle communications and pursue the best possible outcome, so you can focus on your health and recovery while an attorney help you obtain compensation and justice. Your attorney will investigate your case, support your claims with strong evidence, guide you through the legal process, and fight to help you get the compensation you deserve. Attorney representation provides many benefits, including: Dealing with InsurersMost accident cases begin with filing an insurance claim with the at-fault driver’s insurer. Dealing with insurance companies on your own can be tricky. Insurance adjusters are not looking out for you; they are actively working to minimize the amount of money they must pay you. Your attorney will handle all insurance communications related to your case to make sure your rights are protected. An experienced lawyer knows the tactics insurers use to reduce the value of a claim, such as attempting to place blame for the accident on the victim. With a lawyer representing you, the insurance company knows that you are prepared to seek appropriate compensation and may sue if they attempt to undervalue your claim. Proving LiabilityIn an accident cases, compensation potential depends on proving the negligence or fault of one of the other parties involved in the crash. Your attorney will gather the information from your accident to show that the other party was at fault for your injuries. Knowledge of Applicable LawsA seasoned attorney knows Utah traffic laws and how to apply them to your case to prove fault. Your lawyer will use this knowledge to demonstrate which laws were broken by the at-fault party, how this violation caused the accident, and how the at-fault party is responsible for the damages you sustained. Another benefit of this knowledge is that your attorney can help ensure a personal injury claim is filed within the applicable statute of limitations. If you do not file your claim within this timeframe, you may lose your right to pursue compensation for your injuries. Valuing Your ClaimAccidents are often very expensive, especially when injuries are involved. Medical bills, time off work for recovery, and pain and suffering are damages that need to be considered when determining the value of a claim. An attorney can evaluate all case factors that contribute to how much compensation is fair in your situation. This is very important when determining whether an insurer is attempting to get away with offering you a low settlement. Accident Lawyer 84604When you need a personal injury accident attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Corporate Lawyer Park City Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post 84604 Accident Lawyer first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/84604-accident-lawyer/ Uncontested divorce can be relatively quick and less dramatic since it most often will avoid a trial. Your divorce is traumatic enough so going the uncontested route shows empathy for both parties and hopefully a solid foundation for co-parenting if children are involved. In the state of Utah, an uncontested divorce is certainly an option, this type of divorce is generally less expensive and faster than traditional divorces because you can avoid sky-high litigation fees, and the stressful drawn out trial hearings, which wind up being a complete waste of time. This is where hiring an experienced divorce attorney comes in, as understanding the divorce process can be very daunting. However, if you and your spouse can agree to be fair at least on the major issues regarding your divorce such as financial and property distribution, and child custody particulars, then an uncontested divorce is a real option. Before you and your soon to be ex-spouse can rest easy you must first pummel through the following areas with a fine toothcomb: • Real estate and personal property distribution What Forms Are NeededThe Utah court sites offer a detailed description of the forms that need to be completed. However, to make sure you complete the correct forms, understand the process better, and not relinquish your rights, it is best to seek the advice of an experienced divorce attorney. To give you a more detailed explanation of the types of forms needed to complete your divorce process, you will expect to complete and sign the following forms below: Can I file for my divorce in Ogden, Utah?In almost all cases, you file for a divorce in the state where you reside. This means that if you are a resident of Utah, you file in Utah and are governed by Utah’s divorce laws even if you were married, for example, in Utah. You must meet Utah’s residency requirement for a Utah court to have jurisdiction over your divorce. Utah Divorce works as long as both you and your spouse agree about everything and both of you are willing to sign the divorce paperwork. Do I need a lawyer to file for divorce in Utah?Thousands of people divorce in Utah every year without hiring a lawyer. When spouses cannot agree about the terms and conditions of their divorce, they sometimes end up in court where a judge makes decisions for them. This is called a contested divorce, and hiring a lawyer is a good idea in this case. When a Utah divorce case is uncontested and both parties are willing to sign, (when you and your spouse agree about everything) filing your own divorce is a common choice in order to cut down legal expenses. What if my spouse does not live in Ogden Utah?After you have printed all the divorce paperwork, you simply mail the documents to your spouse and he or she signs them. After your spouse returns them, you file in your local county court. The grounds for divorce in Ogden Utah are as follows: How Long Does A Divorce Take In Utah?Once the divorce paperwork has been filed in court, it takes at least 90 days for a divorce to be final unless a party is exempt from the 90-day provision mentioned above. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final divorce papers. In Utah, a divorce hearing is not typically required unless you and your spouse have children. If there are children involved, a short hearing, generally about 15 minutes, gives the court an opportunity to make certain that you understand the parameters of custody, visitation and support that are ordered as part of your divorce. Since you and your spouse are in agreement, there is nothing for the court to decide. How Do I Calculate How Much Child Support I Owe?We provide Utah Child Support Worksheets inside your account. These worksheets make it very easy to calculate a monthly support amount. The support calculation is based on a number of variables, but the primary one is income. Once you have calculated the amount, you and your spouse decide if you want to deviate from it and the reasons for doing so. Utah permits deviation from its child support guidelines “if the court finds sufficient evidence to rebut [the Utah Child Support] guidelines [by considering] all relevant factors, including but not limited to”: What Documents Do I Receive With My Ogden Utah Account?• Utah Filing Instruction There Are Predictors for Divorce in Ogden UtahIf you enter into marriage under the age of 20 and/or have an income of less than 25,000, your risk of divorce skyrockets. Throw in a spouse losing their job or a surprise pregnancy, and your marriage may be doomed before it begins. Here in Utah, we have a tendency to marry quite young. The median age of marriage in the United States is 27 for women and 29 for men. Now compare that to the average age of marriage in Utah, which is 24 for women and 26 for men. Divorce Has Declined Nearly Everywhere Except UtahUtah’s divorce rates run slightly higher than the national average. Statistics often attribute this to Utah having larger families than the national average, citing more than 5% of families have 7+ family members compared to the 3.25 national averages (2013). Modifications of court orders can sometimes be legally complex and hard to understand. Sometimes the order itself will dictate if and how an order may be modified. Often, discussion and mediation between the parties is a pre-requisite before a petition to modify may be filed. Having a post divorce modification lawyer in Utah on your side can help you can be fully informed of your rights If you have additional questions about obtaining an uncontested divorce in Utah, contact an experienced family law attorney for assistance. Uncontested Divorce Ogden UtahWhen you need an uncontested divorce lawyer in Ogden Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Bankruptcy Lawyer Bountiful Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Uncontested Divorce Ogden first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/uncontested-divorce-ogden/ Understandably, the unique coronavirus, COVID-19, has brought unique challenges to many in the profession. Often, we have found that lawyers are uncertain regarding the best way to address, among other issues, the following: • Ethical requirements regarding communication, competence, and diligence. Even while the world is seemingly on hold, it is not. And it is important to stay current in all matters so that lawyers are not deluged once offices and courts reopen, and social distancing ends. • Reviewing and understanding court closures and new local rules. The various jurisdictions have responded to the pandemic with different provisions based on the type of matter and where proceedings are venued. It is crucial for lawyers to understand what is possible and what is necessary to still do. • Proactive advance planning for filings. There are often new obstacles to timely filing. To accommodate this, lawyers may need to have papers finalized more in advance of filing deadlines than they traditionally have. • Ethical billing practices. It is natural that workflow will be impacted based when businesses and employees are forced to work in a different way, or not at all. There are steps to take to ensure that the billing remains proper and to place attorneys and their firms in the best position to continue cash flows as normal as possible. From advising employers how to respond when an employee tests positive for coronavirus to counseling employees afraid of catching it at the office, lawyers are working around the clock to help clients navigate the uncharted legal waters sparked by the rapidly spreading COVID-19. Some law firms have created multidisciplinary task forces to assist clients, both domestic and international, in tackling the myriad challenges posed by the pandemic. These lawyers and firms are helping others at the same time they are grappling with the significant effects of coronavirus on their own operations, such as the need to close their offices and require employees to work remotely. Firms are also bracing for the pandemic’s long-term economic impacts that could boost demand for some legal services, while depressing the market for others. Assisting EmployersMany employers have inquired about how to treat employees who demonstrate symptoms of coronavirus or have been exposed to others diagnosed with COVID-19. If an employer decides an employee cannot come into the workplace, the employer must ensure it remains in compliance with other laws that could come into play, such as the federal Family and Medical Leave Act and state/local paid sick time laws. The FMLA, for example, requires employers with more than 50 employees within 75 miles of the company’s worksite to provide employees with job-protected, unpaid leave for certain medical and family reasons. Employees who take FMLA leave are entitled to receive the same health coverage from their employers as they were before taking leave. “An employer cannot just sit by idly and watch the world address the coronavirus issues without itself addressing them internally in their workplace.”An employer plan could include these elements: • A description of how the business of the organization will continue in the event of a temporary closure, government shutdown or furlough. • A remote work policy that allows the continuation of operations while employees work from home. • Additional cleaning or sanitization services, along with the provision of soap, hand sanitizer and disinfectant wipes to ensure a safe workspace. • Continual communications to the workforce that provide up-to-date, accurate information on best practices and precautions for protecting oneself against COVID-19. Guidance For Employees And Health Care InstitutionsLawyers who represent employees say they too have been fielding a steady stream of questions from workers about the implications of coronavirus, particularly as it relates to the safety of their workplaces. employees worried about symptoms they are experiencing—or are fearful of experiencing down the line if they remain in their workplace—to request their employers provide reasonable accommodations as required by law. “It is just a blatant violation of the law if they are not accommodating them, including [through] work-at-home situations.” Unsurprisingly, health care lawyers also have been in high demand in recent weeks. The CDC website provides a variety of resources for health care professionals and health departments caring for COVID-19 patients, including information about when such patients can be safely discharged from a hospital. The CDC also offers general guidance about how to keep workplaces safe by taking actions such as postponing large meetings and gatherings. “This is a time for everyone to be looking at not only what you are legally required to do, but at what the right thing to do is given the information that we have,” Markey says. Impact On Law Firm OperationsLaw firms have continued assisting clients with addressing the coronavirus even as they are seeing their own operations greatly impacted by COVID-19. As a result, the firm has an internal crisis management team that is meeting regularly to evaluate risks to the business and to ensure the firm is best positioned to still serve clients. Many other firms have begun closing offices and shifting to remote working as well. “There are some things that can be done in the short term, but the firms that it is going to be easiest to deal with potential coronavirus issues are the ones that implemented cloud-based technology six months ago, a year ago or three years ago,” he says. Preparing For An Economic DownturnLaw firms and other legal organizations also are bracing for a possible recession potentially a lengthy one sparked by the fallout from coronavirus. The cancellation and postponement of major conferences, trade shows and other large events will also generate legal work extending beyond the coronavirus pandemic. The litigation finance industry is also gearing up for a steady stream of coronavirus-related activity. By now, everyone should be familiar with the basic protective steps defined by health authorities. However, the spread of the coronavirus has caused massive disruption and created a potential minefield for D.C. lawyers, who retain all their ethical duties under the Rules of Professional Conduct. Though there are important issues that may arise in the face of the coronavirus threat — or any other threat to life and health, for that matter — the fundamental “prime directive” remains: thou shall protect thy client. Your ethical obligations do not change, regardless of whether you are ill, your client is sick, or the courthouse is closed. Below are some basic guidelines to assist lawyers in complying with their ethical duties during this pandemic and beyond. • In the face of increased risk of serious incapacitating illness or worse, lawyers must have a ready succession plan for other lawyers to assume responsibility for legal representations and, at a minimum, a plan for promptly communicating with clients and for taking necessary protective action. In larger firms, other firm lawyers may be able to step in to take over a representation on short notice, but even such firms should develop a contingency plan to address how client matters will be handled in the event of mass lawyer incapacity or unavailability. Assuring the continuity of representation can be more difficult for solo practitioners, where there is often no other lawyer to step in to handle cases in the event of the solo’s illness or death. As such, Rule 1.3 provides that each sole practitioner should prepare a plan, in conformity with applicable rules, that designates another competent lawyer to review client files, notify each client that the lawyer is no longer engaged in the practice of law, and determine whether there is a need for immediate protective action. Solos should consider partnering with each other in reciprocal agreements to advice clients and courts when the lawyer has become incapacitated or is deceased. • One important result of COVID-19 is a reduction in personal contact between lawyer and client and, as such, potentially less lawyer awareness of the client’s health status. In this environment, attorneys may wish to ask clients to disclose developing health issues to them because a client’s illness may necessitate a continuation of the case, a waiver of appearance, or a request for remote attendance. Rule 1.4 (Communication) requires that lawyers initiate and maintain the consultative and decision-making process even when clients fail to do so. When a seriously ill client develops a lack of capacity to proceed, Rule 1.14 (Client with Diminished Capacity) provides that the lawyer “may take reasonably necessary protective action including, in appropriate cases, seeking the appointment of a surrogate decision-maker.” However, the much-preferred option is for the lawyer to determine now how the client would want the representation to be handled in the event of incapacity. Working Remotely: Confidentiality IssuePursuant to D.C. Rule 1.6 (Confidentiality of Information), the lawyer’s duty to maintain the client’s confidences and secrets is extremely broad. As such, lawyers working remotely or from other irregular or nontraditional sites must carefully consider the security and confidentiality of their policies, procedures, and systems. Some obvious basics include protecting computer systems and physical files and ensuring that telephone and other conversations and communications remain privileged. Included in the mandate of Rule 1.1 (Competence) is a lawyer’s duty to be sufficiently technologically proficient to protect client confidentiality. If a lawyer working remotely lacks such knowledge, then he or she should retain a competent technological expert to advise regarding the lawyer’s security systems. Diligence in a Constantly Changing SituationLawyers must be diligent in monitoring the ever-evolving COVID-19 situation, including but not limited to court closings and orders regarding filings, appearances, and statute of limitations tolling, and adapt as necessary to conform with their ethical obligations under the Rules of Professional Conduct. Coronavirus may present more than health issues, including restrictions, delays, increased costs in international transactions, labor and employment issues, client solvency issues, and risks to entire industries. Lawyers must be prepared to address all these issues, and more. Finally, the old dictum “what goes around, comes around” has ironically never been more relevant, and lawyers should exercise ultimate civility and good will when dealing with opposing counsel. Your employees should feel like they’re in good hands with management and that there is genuine concern for the well-being of everyone. The most important message to communicate internally is that they should stay home from work when they are sick and telecommute if necessary. Firms should consider making work travel optional, keep track of employees’ vacation locations (by asking them to voluntarily provide this information), ensure there is ample access to sanitizing and antibacterial cleaning products, and use information only from the Center for Disease Control and Prevention (CDC) in communications. At time of writing, the U.S. Centers for Disease Control and Prevention has issued travel notices advising that precautions be taken when traveling to Hong Kong, Iran, and Italy, due to coronavirus outbreaks in these countries. The CDC also issued travel precautions for Japan and South Korea, including postponing nonessential travel for older adults and those with chronic medical conditions. Employees are among your most important considerations, because every employee is a representative and crisis manager for your organization, whether you want them to be or not. It’s your firm’s job to ensure that they receive the messages you want them to communicate to others. Communicate EffectivelyBe sure to communicate frequently to your employees to reassure them and provide them with reliable information. Establish notification systems that will enable you to rapidly reach your employees if there’s an interruption in business. Make sure you have appropriate supplies (prepare ahead), make arrangements for your employees to work remotely if necessary and develop a plan for how to run your local businesses if you need to temporarily close overseas offices. Ensure that those who answer the phones in each of your offices are well versed in what your company wants to say regarding the coronavirus, if asked by a client or another interested party. You can prepare a statement for them to read or have those calls directed to someone such as your PR leader or firm administrator. Although this is common sense, it’s important to communicate the steps that employees can take to avoid getting sick. Consider putting a quick tips document together and emailing it to employees as well as print up flyers with the information. Tips should include cleaning hands often by washing them with soap and water for at least 20 seconds, and covering the mouth and nose with a tissue or sleeve—not your hands—when coughing or sneezing. Education and communication on best practices for not getting sick are crucial during this time and also as this has been a particularly harsh flu season. Plan how your company can continue to operate with a reduced workforce… According to SHRM, an effective pandemic plan addresses such topics as: COVID-19 LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Differences Between Copyright And Trademark Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Corona Virus Attorney first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/corona-virus-attorney/ Things Family Attorneys Can Do For YouFamily attorneys are legal professionals that specialize in matters to do with family law. They handle legal issues that are concerned with members of the family. Such legal issues include divorce, child custody, and guardianship among others. Family lawyers can act as mediators when family disagreements develop. They can also represent litigants in family conflicts that end up courts. Below are some of the things that family lawyers can do. Handling Divorce IssuesUndergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court. Consult Austin Lawyer Referral Service to refer you to a knowledgeable family lawyer. Handling Estates and WillsA will is a legal document through which people state how they would wish their property to be managed when they die. Family law attorneys are responsible for assisting people in drafting these documents. They also have what it takes to ensure that an estate is administered as stated by a deceased via the will. Handling Child Custody AgreementsWhen a couple separates, one of the most difficult issues to handle has to be what happens to the children. Couples need to agree on how to take care of the children they have had together in the new arrangement. Child custody is defined by an agreement in which both parents have to live with the terms therein. A competent family lawyer can help parents that are parting ways to draft such an agreement. A family law attorney can also help parents in amending child custody agreements if need be. Handling Prenuptial AgreementsA prenuptial agreement is a contract signed by a couple prior to a marriage or a civil union. Although the content of such a contract may vary from one case to another, its main aim is to spell out the provisions of spousal support and division of the property in the event of a breakup or a divorce. A family lawyer can assist a couple in drafting a prenuptial agreement and handling any matters that may arise from the contract according to the law. Represent Litigants in CourtAlthough family attorneys can help people to settle family disputes outside court, some of these matters still end up in the courts. In such a case, family lawyers are best suited to help litigants get justice. These attorneys handle such cases almost every other day, and therefore, they have the necessary legal knowledge and practical experience to help litigants to navigate the complex jungles of the family law and ensure that justice is served accordingly. Benefits of Hiring a Family Law AttorneyThere is nothing that definitively states that you have to hire an attorney to represent you in a family law case, but it will be in your best interest to do so. Unless you and the person you are dealing with in court are on the same page for every issue, whether it be divorce, property division, child custody, or more, family law attorneys guide you within the means of the law and provide an effective shield should the litigation become too much to handle. Hiring a local family law attorney gives you the following benefits: How Much Does a Child Custody Court Case Cost?The cost of a child custody court case can range anywhere from $3,000 to $60,000-plus according to most sources. Why such an enormous range? Because there are so many factors that impact how much a case will cost. The two factors that will have the most impact include: Contested or Uncontested CaseThe other major factor that impacts how much your child custody case will cost is whether your case is contested or uncontested. Having a contested case means that there is a dispute or challenge about how the custody of the child will be handled. For example, if one person is determined to have sole custody and refuses to cooperate or compromise, the case will proceed to a full-court trial, which will then require depositions, court time, possibly specialists or expert witnesses, and much more. Other Child Custody Fee FactorsOther factors that may impact how much your child custody court case will cost include: Usually, each party in a child custody case is responsible for paying their legal fees. A judge might make an exception if one party makes substantially more money than the other, or if one party cannot afford legal representation. Some people may be entitled to legal aid or a pro bono attorney depending on their income level. While the thought of hiring an attorney and paying legal fees may seem daunting, in some child custody cases, it may be one of the best investments you ever make if it ensures the best situation for your child. Many attorneys will allow you to schedule an initial consultation at little or no cost so that you can learn more about your options. Family Lawyer Vs. Divorce LawyerWe throw terms around without really thinking about them sometimes, but those terms influence how we think about the things those terms describe. Different terms have different connotations. For instance, the term, “family lawyer”, might generate a sense of wholesomeness; while the term, “divorce lawyer”, may conjure up a different set of feelings. These terms can be interchangeable, but they suggest different nuances about lawyers who handle divorce cases and family law in general. Many people assume that “Family Law” is a euphemism for “Divorce Attorney”. The reality is more nuanced than that, so we will break those terms down and flesh them out for you. Divorce is actually a subset of family law. A divorce lawyer is a family law lawyer who does divorce. Most attorneys who practice family law handle divorce, and divorce is usually the primary or main subset of work that a family law attorney does, but a family law attorney usually does more than divorce. Family Law encompasses divorce, child custody, child support, spousal support, paternity (establishing the legal father/child relationship), adoption, guardianship, orders of protection and other things. A lawyer who practices Family Law also should not be confused with a “family lawyer”. The term, family lawyer, is not so much a term of art like family law attorney is. It is more of a way an attorney might describe herself focusing her practice on families. The Family lawyer might practice family law, but she will also (most likely) do other things that might include real estate, estate planning, business formation, criminal law, personal injury and other things. In other words, a person holding herself out as a family attorney might be suggesting that she represents families, doing things like handling estate planning and estate administration, real estate, family businesses and so on. When choosing an attorney, it is helpful to be aware of some of these nuances. How attorneys hold themselves out, also says something about the attorney. For instance, a family law attorney who identifies as a “divorce attorney” is certainly aware of the less than flattering, hard line connotation of the term, divorce attorney. A person who holds herself out as a divorce attorney may be suggesting that she embraces that edgy, tough, bulldog image that the term divorce attorney suggests to most people. Whereas someone who holds herself out as a “family law attorney” may be suggesting that she is a bit more holistic, bigger picture focused and resolution orientated. There are clues in the ways describe themselves for us to decipher. We think of divorce attorneys as ruthless litigators. Whereas, the idea of a family law attorney suggests a more moderate, resolution orientated approach. Both attorneys do the same thing, but they reflect different images in the way they define themselves. While family law attorneys and divorce attorneys may do the same thing, the attorney who represents herself as a divorce attorney is likely to have a different approach than the attorney who represents herself as a family law attorney. Whether someone identifies as a divorce attorney or family law attorney, or as a lawyer or attorney, shouldn’t necessarily determine your choice of legal service provider, but it should begin to give you some clues about what to expect. Doing your research before making your choice of an attorney to represent you has never been easier with the proliferation of information on the Internet. File & serve your Family Court documentsWhen you apply to the Family Court or respond to someone else’s application, you will need to give documents to the court. This is called filing. All documents filed in Family Court must be printed single-sided. You’ll find more specific information about filing documents under each section on this website for example, apply for a Parenting Order or apply for a divorce. How to file your documents• You can file documents by handing them in at your local court or mailing them to the court. The court will usually arrange to give a copy of the documents that you filed at court to the other people involved in the case. This is called serving documents. If you’re applying for a divorce on your own (a one-party dissolution of marriage), you’ll need to arrange service yourself. You’ll be given instructions on how to do this after you have filed the application. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Bankruptcy Lawyer Salt Lake City Utah Can Credit Repair Help With A Student Loan? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Local Family Law Attorneys first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/local-family-law-attorneys/ A Qualified Domestic Relations Order (QDRO) is a special court order that formally divides retirement accounts, pensions, 401(k) accounts, and/or I.R.A. accounts. A QDRO is usually necessary after a Divorce Decree is entered that awards a portion of one parties’ retirement, etc. account(s) to the other party. Once signed by the Judge, the QDRO is given to the plan administrator of the retirement program and usually, based upon the QDRO, a new separate retirement account is established for the non-employee spouse and the benefits will be paid pursuant to the terms of the retirement program. Preparation of a QDRO can be time-consuming and complicated. The content requirements of a QDRO will vary from retirement program to retirement program. Usually, the QDRO must be specifically drafted to include certain language and requirements provided by the retirement program, then submitted to the company for approval before obtaining necessary signatures from the parties and the Court. A divorce decree often requires the preparation of a qualified domestic relations order (QDRO) when one or both of the spouses has a retirement account such as a 401(k) or pension that need to be split. A QDRO is a court order that provides for the division of a retirement account. After a QDRO, a separate retirement account is created for the recipient spouse and the recipient spouse can choose to roll over their funds to a different account provider. Parties often rely on the funds from a QDRO to help them move forward with their lives following a divorce. Don’t wait to receive your money. The attorneys at Ascent Law will work quickly to ensure that your QDRO is created and processed as quickly as possible. Current law allows the party receiving funds through a QDRO to make a withdrawal at the time of the QDRO without paying the early withdrawal penalty. Although there is no penalty for this withdrawal, the party cashing out money from the 401(k) is responsible for the associated state and federal taxes owing on that money. In negotiating a property settlement, parties should keep in mind that pre-tax dollars, such as retirement funds, are not equal to post-tax dollars, such as equity in the home. This is because of the tax obligation associated with the retirement funds reduces the cash value to the party who receives retirement funds in a settlement. Ensure you receive the best settlement possible by having an attorney at Ascent Law LLC represent you in your divorce QDROs. When you understand QDROs and retirement accounts, you are in a better position to achieve financial security. Each separate retirement account needs to be listed in a divorce decree, including pensions, 401(k)s, 403(b)s, and IRAs. The Decree needs to state who is being awarded each account. When an account is being divided, the Decree may indicate a dollar amount to be divided as of a specific date or may state a percentage to be divided as of a specific date. Retirement funds earned during the marriage are usually divided as of the day of the divorce. It is very helpful to have the Decree specify who will be responsible for preparing any necessary QDROs and who pays for any associated costs, such as attorney’s fees or plan administrator fees. Spouses normally split their assets when they divorce, but the division of certain retirement savings accounts requires an extra step. In certain cases, you’ll need to prepare and submit a qualified domestic relations order (QDRO) form in the aftermath of a marital split to deal with these assets. When a QDRO Form Is RequiredYour divorce proceedings may culminate in a domestic relations order (DRO) that lays out the division of retirement assets between the participant and the alternate payee. But for a retirement plan administrator to divide assets from a qualified retirement plan covered by the Employee Retirement Income Security Act of 1974 (ERISA), you need a stricter type of DRO known as a QDRO. This is because ordinarily, under ERISA and the Internal Revenue Code, a retirement plan participant can’t legally assign his stake in the plan to someone else. For this reason, most qualified retirement plans won’t pay any benefits to an ex-spouse until he submits a QDRO with the plan administrator. A QDRO is a DRO that meets the rules under the ERISA to let the plan administrator divvy up assets in a participant’s qualified retirement plan. ERISA covers both defined benefit plans, such as pension plans, and defined contribution plans, such as 401(k), 403(b), or employee stock ownership plans. Individual retirement accounts (IRAs) are not covered by ERISA, so you don’t need a QDRO to divide the assets in an IRA. Likewise, your spouse might propose trading another asset in divorce settlement negotiations, such as a house or another investment, in lieu of a share in a retirement account. This would eliminate the need for a QDRO, and keep the participant’s retirement savings on track. Division of Plan Assets Under a QDROA QDRO may require a participant to assign all or part of her retirement benefits to the alternate payee. Naturally, participants who face a QDRO feel uncertainty at the prospect of losing their savings. But in many states, courts will divide only the marital portion of these benefits contributions made and growth associated with those contributions from the date of the marriage to the date of marital separation. Pensions can be tricky to calculate, however, particularly if the participant spouse hasn’t retired yet. It can help considerably to have an attorney and a financial advisor on hand to assist you in valuing the assets to be split as part of a divorce. A court may even let each spouse keep his or her own retirement plan when both have substantially similar plans and both have been contributing based on their earnings throughout the term of the marriage. Benefits of a QDROWhile it may seem as though the alternate payee in this arrangement has everything to gain, and the participant has everything to lose, a QDRO offers some notable protections for the participant: • You can avoid the early withdrawal penalty. Federal law imposes a 10% penalty on early withdrawals from retirement plans prior to age 59.5 but makes an exception for withdrawals made pursuant to a QDRO. This means that you won’t have to pay the early-withdrawal penalty on money transferred to your ex-spouse under a QDRO. • Your spouse will pay taxes on distributions. Benefits distributed from a retirement plan under a QDRO to a child or other dependent are treated as income to and are therefore taxable to the participant. However, you won’t be on the hook for paying taxes on that retirement money on behalf of your spouse because it will be included as income for your spouse. • Your ex-spouse can receive benefits after your death. A QDRO can not only divert a portion of benefits to the alternate payee while the participant is alive, but it can also pay survivor benefits when the participant dies. This is useful if you want to secure the financial future of your ex-spouse. As potential alternate payees, spouses have a legal right to obtain all the information needed about the retirement plans of the other spouse to prepare a QDRO. Contact the plan administrator to ask for certain information, including the plan description, your spouse’s benefit statements, and all associated documents. In general, the plan administrator is the person designated as such in your spouse’s retirement plan document. You can also ask for a copy of the plan’s “model” or template QDRO form they’re not all identical, and having a standard format to follow can simplify things later on. Preparing and Submitting a QDRO FormIf you’re awarded a share of your former spouse’s retirement account, either via a court judgment or a settlement, your attorney will most likely draft the QDRO so it can be forwarded to the divorce court for a judge’s signature. The QDRO is then submitted directly to the retirement plan administrator. The order is not technically “qualified” until it’s accepted by the plan administrator. If you don’t have a lawyer, you can also use the model template given to you by the plan administrator to create a QDRO that you can submit to the court for approval and signature. Lacking either of those options, you can also fill out and print a web-based QDRO form from Fidelity or another reputable provider and submit it to the court, but it’s preferable to use the QDRO form from the plan administrator. The QDRO form needs to contain the following types of information: A qualified domestic relations order (QDRO) is used in a divorce to divide the retirement, pension and other such interests of parties. Whether you actually draft QDROs yourself or refer your clients on to another attorney for the drafting of the QDRO following the signing of the decree of divorce, it is critical that you include proper language in the parties’ stipulation on divorce to enable the QDRO process to occur efficiently. Poorly drafted language in the QDRO section of a decree of divorce can often lead to expensive and time-consuming procedures for your client down the road. The following are a few simple steps to remember as you include QDRO language in stipulations drafted for your clients. First, identify the name of the plan being divided and the person whose account it is rather than using general terms. For example, state, “Respondent has a 401(k) plan through his employer, IBM” rather than simply drafting, “The parties have acquired an interest in retirement.” Second, identify the specific method by which the account should be split. A common method in Utah is to refer to the Woodward formula, which is a formula derived from Utah case law that divides the retirement equally between the parties for all retirement earned during the marriage. The problem with using the term Woodward formula to set forth how retirement should be divided is that while some plan administrators recognize such language and will perform a split using their own in-house formulas, others will not. To be conservative, avoid using the term Woodward formula and instead state a specific percentage or dollar amount to be awarded to the non-account holding party. If you are going to use the Woodward formula, use language that provides the drafting attorney a way of implementing the Woodward formula himself such as, “The drafting attorney shall calculate the marital share owed to the non-participant party by using the months of marriage divided by total months of enrollment in the plan.” If you do choose to use a percentage, be sure to indicate the date on which the percentage is to be calculated. Regardless of which method you choose to use, make sure to also include language regarding whether existing loans against the account should be calculated into the awardees’ share. Third, identify which party is responsible for having the QDRO drafted and provide a time limit for drafting so that if the responsible party drags his or her feet, the other party has recourse. Remember, QDROs often take three to four months to receive preliminary approval from the plan administrator, a signature from the judge and performance of the split by the plan administrator, so the time limit should not be overly burdensome. Most QDROs can be completed within six months or less. Fourth, always identify how the costs will be split for the QDRO drafting, including not just fees for drafting the QDRO, but also other fees charged by attorneys or plan administrators. It is important to include such language because while some plans are divided via QDROs, others require a similar amount of legal work to divide, but do not actually require a QDRO be drafted. Additionally, others include provisions in the plan stating that certain amounts of administrative fees will be charged to the parties by the plan administrators. Fifth, include a provision requiring both parties to agree to cooperate and sign whatever documents necessary to perform the division of the accounts to ensure that time-consuming methods, such as filing subpoenas because the other party refuses to provide simple information regarding the account will be avoided. Finally, when dealing with military retirement, proceed cautiously. Military retirement differs significantly from dividing traditional retirement plans and if the language in the stipulation is not properly drafted, it can cause significant problems down the road in its implementation. Make sure to research the specific type of military retirement involved so the correct language is included in the stipulation or consult with an attorney who specializes in drafting QDROs. Is There A Statute Of Limitations On Filing A QDRO?Qualified domestic relations orders can be quite complex and you will need to ensure that a legal professional carefully reviews the marital settlement agreement that the parties entered into to ensure that you or your attorney at that time were not supposed to execute the QDRO. In addition, the attorney will need to look into the statute of limitations issue that you raise, as well as negotiate the most favorable new terms of any QDRO entered into in the event that one is found to be necessary and appropriate under the circumstances. An attorney will also help you to determine whether it is worth the cost and time of attempting to set aside that portion of the marriage settlement agreement. Finally, they can help you figure out if it makes more sense to re-negotiate the provision related to the filing of the QDRO if it is still valid and enforceable despite your ex-wife’s failure to comply in a timely manner. Utah QDRO LawyerWhen you need legal help with a Utah QDRO Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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How Do I Find A Will Of A Deceased Person Online? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah QDRO first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-qdro/ Utah Criminal Code 76-5-102.9: Propelling a bodily substance–Penalties1. As used in this section, a listed substance or material is: Class A MisdemeanorsMisdemeanors are a category of crimes that are generally less serious crimes (as opposed to felonies). Within the definition of misdemeanor, there are also levels of seriousness. Each jurisdiction may have its own classification system. This means that each state in the U.S., as well as the federal government, has its own method of classifying misdemeanors. Many states, as well as the federal government, use a letter classification system. These systems may still vary. In some states, the classes include only A, B, C and D. Other states may include more letters, and, therefore, more classes. Generally, in most states, as well as at the federal level, a class A misdemeanor is the most serious, and carries the greatest consequences. The last letter in the sequence indicates the least serious category of misdemeanor. Some jurisdictions use other methods of classification, for example, some use a number classification system. A misdemeanor is typically punishable by a jail sentence of no more than one year, and a fine of a certain amount. This would generally be for a Class A misdemeanor, since that is generally the most serious level of misdemeanor. Lower-level misdemeanors may carry sentences of only months or days. If an offense requires more than a year of jail time, it will typically be considered a felony. Conviction of a felony can result in a sentence in a federal prison. Misdemeanors sentences, however, are most often carried out in a local or county jail. Class A misdemeanors, being the most serious type of misdemeanor, can involve sentences that are similar to a less serious category of felony. Common Examples of Class A MisdemeanorsMisdemeanor classifications can vary a lot by jurisdiction. Not only do they vary in their classification systems in whether they use letters, numbers, and how many, but different jurisdictions may place different crimes at different levels of seriousness. For instance, one state may categorize simple assault (assault without aggravating circumstances, such as using a weapon) as a Class A misdemeanor, while other states may choose to categorize it differently based on what makes sense for their own system of law. However, a lot of commonalities may still be seen across jurisdictions regarding how crimes are classified. Penalties for Class A MisdemeanorsSince Class A misdemeanors are the more serious category of misdemeanor, they accordingly carry the highest penalties. This means that the greatest punishment one can receive for a misdemeanor will typically involve a Class A misdemeanor. The common penalties for Class A misdemeanor or the equivalent are: How can a Lawyer Help Me with a Class A Misdemeanors Charge?Since this is the most serious type of misdemeanor, with the most serious consequences, you should consult with an attorney, who can: Should I Hire a Lawyer for Class A Misdemeanor Charges? Difference between Misdemeanors vs. FelonyA misdemeanor is a less serious crime than a felony. Felonies are the most serious crimes you can commit and have long jail or prison sentences, fines, or permanent loss of freedoms. Misdemeanors usually involve jail time, smaller fines, and temporary punishments. Misdemeanors are more serious than infractions. Under federal law and in most states, a misdemeanor is a criminal offense that carries a potential jail term of less than one year. Some states define a misdemeanor as a crime that is not a felony or an infraction Just as infractions are sorted into classes misdemeanors are as well. Under the federal sentencing guidelines, the classes are divided up by the maximum imprisonment for the offense. Types or Categories of CrimesMost criminal systems in Utah divide their crimes into several different categories depending on the seriousness of the crime. The major categories are: infractions; misdemeanors; and felonies. However, within these categories there may be different levels or classes. The major categories are almost always determined by the amount of jail time that is possible. It’s important to know how the court system treats a particular case in order to understand the differences. As a general rule, however, when trying to figure out what the difference is between a misdemeanor and a felony, you can look to the maximum potential jail time for the crime for the answer. InfractionIn general, infractions are the least serious type of crime. An infraction is the violation of a rule, ordinance, or a law. In most jurisdictions, there is no jail time associated with an infraction and it will not appear on a criminal record. Typically, payment of a fine will be the only punishment, but federal law classifies an infraction as a crime with a jail sentence of not more than five days. Traffic tickets are examples of an infraction, but other offenses may also be categorized as infractions, such a trespassing, littering, disturbing the peace, and other petty offenses. Generally, a peace officer will see someone doing something wrong, write a ticket and hand it to the person. The person then has to pay a fine. Infractions usually involve little to no time in court (much less jail). However, infractions can turn into a more serious crime if left unaddressed or unpaid. It is not uncommon that an infraction has different classes (i.e. moving violations, non-moving violations, and other petty offenses). The law typically provides for an increasing range of fines and potential penalties for the different classes within the infraction category. How Judges Set BailJudges set bail based initially on a “bail schedule,” but they can raise or lower the amount, based on the circumstances of the case. Judges ordinarily set a bail amount at a suspect’s first court appearance after an arrest, which may be either a bail hearing or an arraignment. Judges normally adhere to standard practices (for example, setting bail in the amount of $500 for nonviolent petty misdemeanors). However, judges can raise or lower the standard bail, or waive bail altogether and grant release on the defendant’s “own recognizance.” Defendants do not need a lawyer to arrange for bail. They can either post cash bail personally, or phone a bail bond seller and arrange for a bond. Relatives or friends can come to a jail or court and post cash bail for an arrested person or purchase a bond from a bail bond seller. Factors That Influence Bail AmountsIn addition to the seriousness of the charged crime, the amount of bail usually depends on factors such as a defendant’s past criminal record, whether a defendant is employed, and whether a defendant has close ties to relatives and the community. Setting Bail By AlgorithmIn recent years, courts have started using math to inform decisions about pretrial release. In these jurisdictions, select information about the defendant is entered into a program and a score or recommendation comes out. These bail algorithms, which consider factors like age and criminal history, are supposed to assess the risk that the defendant will commit another crime or fail to appear in court. Judges may legally deny bail altogether in some circumstances. For example, if another jurisdiction has placed a warrant (hold) on a defendant, a judge is likely to keep the defendant in custody at least long enough for the other jurisdiction to pursue its charge. And bail may be denied to a defendant who is likely to flee the jurisdiction before the case concludes. Bail SchedulesIn many areas of the country, defendants can post bail with the police even before they are brought to court for a bail hearing or an arraignment. Many jails have posted bail schedules, which specify bail amounts for common crimes. An arrested defendant can obtain release immediately after booking by paying the amount of bail set forth in the jailhouse bail schedule. Bail schedules can vary considerably according to locality, type of crime, and residency. As a general rule, bail for offenses classified as felonies is five to ten times the bail required for misdemeanors. The more serious and dangerous the crime, the higher the amount of bail is likely to be. As a general rule, a jailhouse bail schedule is inflexible. The police will not accept bail other than as set forth in a schedule; suspects wanting to pay less must go before a judge. As an alternative or in addition to jailhouse bail schedules, some areas have duty judges. A duty judge is available to fix bail over the phone, without the necessity for a formal court hearing. Like a jailhouse bail schedule, using a duty judge is an option for arrested persons who are anxious to bail out of jail before going to court. Police Practices That Affect Bail AmountsUnfortunately for many suspects who want to bail out of jail quickly, the police tend to arrest suspects for the most serious criminal charge that can possibly be supported by the facts at their disposal. For instance, the police may treat possession of a small amount of marijuana (a misdemeanor in most states) as an arrest for possession of marijuana with intent to sell (a felony in all states). Even though such a charge will almost certainly be reduced to a misdemeanor later in the case, it is a felony for the purposes of the bail schedule, and bail will be set accordingly. Criminal Defense LawyerWhen you need legal help from a Utah Criminal Defense Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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South Jordan Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Criminal Code 76-5-102.9 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-criminal-code-76-5-102-9/ According to the results from our survey, the average time it took to complete a divorce from filing the petition to getting their settlement or the final court judgment was about 11 months. Cases that went to trial on any issue took an average of 17months to resolve, while the readers who settled their issues were able to resolve their cases in nine months. The results also indicate that letting a judge resolve divorce issues doesn’t lead to happier customers; as the number of issues resolved at trial increased, the overall satisfaction with the process decreased. There may be a number of reasons for this. The longer your case drags on and the more squabbling that occurs, the unhappy you are likely to be. Keep in mind too, that folks who are naturally litigious might also be less satisfied with any result, no matter what it is. And of course, the more issues you have to resolve through trial, the more you’ll pay your attorney not a recipe for overall satisfaction. Factors that Impact the Cost Of DivorceThe costs depend on a variety of factors whether or not you or your spouse agree on specific things, and if you or your spouse require or want to use an attorney. The Average Cost of a Divorce with a LawyerIf there are significant assets to divide, or child custody, child support or alimony to decide, both parties usually benefit by hiring their own attorney. Using a lawyer, of course, increases the cost for either party. With a lawyer, your divorce could cost you a few thousand dollars to tens of thousands of dollars; depending on how much time of the lawyer’s you are billed. Lawyer fees, billed by the hour, can range from several hundred dollars an hour to more than $500. For some lawyers, a 15-minute consulting phone call, or emailing, could cost you half a billable hour. And a half-hour could cost you a billable hour. Lawyers charge for phone calls, emails, text messages, court preparation, depositions (questioning others on the record), discovery (getting information from your spouse’s lawyer related to your case), paper preparation and review, and research. Lawyers charge an average of about $1,000 for an uncontested divorce. In states with a higher standard of living, lawyers can charge an average of $3,500-$5,000 to help you complete an uncontested divorce. A contested divorce in which major issues like division of assets and child custody or support, or even actually divorcing, can’t be agreed on can cost from an average $2,500 up to several thousand dollars or more. In a contested divorce, the issues may ultimately have to be hashed out in front of a judge. A divorce that has to go to trial can cost couples as much as $20,000 on average to complete, with at least $15,000 going to attorneys’ fees, according to some lawyers. Settling a case out of court can cost closer to $15,000. Most lawyers charge a flat fee or retainer to help with a divorce, but in general family law attorneys charge an average between $150-$250 per hour, though some might charge as much as $650 or more an hour to help clients through a complicated or difficult divorce, like one in which couples have their own businesses or other more complex shared assets. A retainer should cover most of the court fees, filing fees, and the lawyers’ time to meet in person, correspond with you by email or phone or text, and to appear at court hearings or other proceedings in person. But in a contested divorce where no agreement can be reached on child custody or a schedule, the court can require a child custody evaluation be done by a trained psychologist who interviews each parent. The psychologist also talks to the kids, and observes the kids at home with each parent. If the child custody evaluator works for the county, the evaluation will cost an average of $1,000-$2,500. If a private evaluator is used, the charge might be $10,000 or more. Alimony determination can also take a lot of time and increase the cost to the couple. You can cut costs by using a lawyer for only part of your case: also called ‘limited scope representation.’ You could have your lawyer just review documents, or negotiate with your lawyer what you will or won’t pay for, such as agreeing to use the lawyer to prepare and review documents but not to charge you for phone calls or emails. A hearing or trial will also naturally increase your costs. Trials sometimes incur costs to you for several expert witnesses, and the cost of going to trail alone often results in divorce cases being settled out of court. For that reason, family law judges in most states assigned to contested divorce cases require couples to do everything they can to reach a settlement agreement and avoid a trial, because a trial costs not only the couple divorcing but also the city and state where the divorce is proceeding. If children are involved, yours together or even separately, costs increase with agreements having to be reached or adjudicated regarding child support, custody, and visitation. Things that factor into the cost of a divorce• Where you’re getting divorced How To Keep Costs DownYou may be wondering how you can keep expenses on your case to a minimum. While some elements that add to the expense of a case are out of your control, there are several things you can do to help keep the costs down on your case. Average Cost For Divorce In UtahWhen you need to get divorced in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Bankruptcy Lawyer Bluffdale Utah Why Did Divorce Rates Increase In The 1970s? Is It Better To File Chapter 13 Or 7 Bankruptcy? South Jordan Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Average Cost For Divorce first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/average-cost-for-divorce/ Utah Criminal Code 76-5-101: “Prisoner”
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