We’ve tried to put together a time line for you to understand how divorce works from a divorce lawyer point of view. Consider that Utah law (Utah Code § 30-3-39) requires that a divorcing couple participate in at least one session of mediation before the case can proceed to trial, although this mediation requirement can be waived for good cause, if the director of the dispute resolution program for the courts can be persuaded to conclude that mediation should be waived. Waiver of mediation rarely occurs, so you are typically better off giving mediation a try, even if it’s only for the purpose of ensuring you’ve met the requirement. Mediation can last for several hours or over the course of several days, depending upon what the parties choose to do. If mediation results in you and your spouse reach an agreement and settling all of the issues, then it is not uncommon for your divorce action to be completed quickly; you and your spouse prepare and sign a settlement agreement, file that with the court, and then draft and file with the court the documents needed to dispose of your case. Once the court receives proof of your settlement and all the documents that the court needs to issue your decree of divorce, it is not uncommon for everything to be turned around in just a few weeks. If you and your spouse do not agree upon the terms of your divorce, and one or both of you feels it necessary to go to trial and have the judge decide some or all of the issues in your divorce action, then this is how the process of preparing for and going to trial in your divorce case progresses: Week 1:Meet with your attorney, provide information needed to prepare your pleadings. Week 2:Prepare and file your complaint for divorce (this is also called a petition for divorce). Service of process. Serve opposing party with a summons and a copy of complaint for divorce. Service of process usually takes about a week but can be longer if the opposing party evades service. You must serve the summons within 120 days of filing the complaint or your case can be dismissed. Weeks 2 through 5:Within 21 days of being served the summons and a copy of the complaint (30 days, if you serve the opposing party outside the state of Utah), the opposing party must respond to your complaint after being served with the summons and a copy of the complaint. Usually this response takes the form of what is known as an “answer” to the divorce complaint or, in most cases an answer and counterclaim. If the opposing party files a counterclaim against you, you have to respond within 21 days of being served with the counterclaim. Week 6:If a party fails to respond to a complaint for divorce (or to a counterclaim) within 21 days of being served (or within 30 days, if the opposing party was served outside the state of Utah), the opposing party is known as being “in default,” which means that the opposing party has failed to respond to your complaint for divorce within the time permitted, which allows you to seek judgment against the opposing party for failure to respond and participate in the action. This rarely happens, and even if you apply for default judgment and obtain it, if the opposing party moves to have your default judgment set aside in a timely manner, so that the case can be heard and decided on the merits rather than by forfeit, courts will often set aside the default on that basis. Still, don’t let that give you the idea that you can ignore court deadlines. Week 6 through 8:Prepare your Financial Declaration and Initial Disclosures and serve them upon the opposing party. The opposing party has 42 days after filing of the first answer to the complaint, or 28 days after the opposing party’s initial appearance in the action, which ever period is later. Week 9:This is the discovery period. Discovery is the process by which the parties through the rules of civil procedure, can obtain evidence from each other and from other witnesses or other sources. Discovery tools include interrogatories, request for admissions, requests for production of documents, depositions, mental health examinations, custody evaluations, vocational assessments, and subpoenas, to name some. Under the rules of civil procedure this period is 180 days long, unless the court modifies the time period for discovery. Rarely, if ever, is discovery shortened, although it can be. And frequently discovery is extended beyond the 180-day period. Week 35:At this point, the case should be ready to certify as ready to schedule for trial. If so, either party can file with the court a certificate of readiness for trial, and then ask the court to schedule a date for the judge and the parties to meet to preparations for the trial. Week 43 to 47:Trial is usually set about 3 months, give or take, after the pretrial scheduling conference. Week 56:Trial is held. Trials usually last 2 to 5 days, although they can take longer, depending upon how many issues there are to try and how complex the issues are. Week 57 (or perhaps 61):After the trial has been completed, the judge can take up to 60 days to decide the case, unless the judge obtains permission from the presiding judge of the court to take even more time to render a decision. Usually the court reaches a decision within several weeks, instead of 60 days, however. Week 58:After the judge decides the case, the judge will usually direct one of the parties to prepare a proposed draft of the Findings of Fact and Conclusions of Law and to prepare a proposed draft of the Decree of Divorce. Week 59:The party who the judge has the proposed Findings of Fact and Conclusions of Law and the proposed Decree of Divorce is required to send the opposing party the drafts for review. If the opposing party finds anything in the proposed Findings of Fact and Conclusions of Law and/or the proposed Decree of Divorce that does not comport with the trial judges decisions, the opposing party can file an objection to the proposed Findings of Fact and Conclusions of Law and/or to the proposed Decree of Divorce, and the opposing party has seven days in which to do so. Week 60:If the opposing party files an objection to the proposed Findings of Fact and Conclusions of Law and/or the proposed Decree of Divorce, the other party can respond to that objection within seven days. At that point the proposed Findings of Fact and Conclusions of Law and the proposed Decree of Divorce are submitted to the judge for the judge to decide what the ultimate form of the Findings of Fact and Conclusions of Law and of the Decree of Divorce will take. Week 61:Assuming that the court gets back to you within a week or two, the court will then issue the final Findings of Fact and Conclusions of Law and final Decree of Divorce. If either party or both parties feel that the judge’s decision does not comply with the laws governing divorce, then either party or both parties may appeal the judge’s decision by filing a notice of appeal with the Utah Court of Appeals, which notice of appeal must be filed within 30 days after the date of the entry of the Decree of Divorce. Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you today.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How Adultery and Infidelity Relates to Divorce in Utah via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/173288130881
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The rights of Due Process and protection against Unreasonable Searches are among the most fundamentally American concepts. A lawyer in Utah knows that in the last two hundred and fifty years, while other countries have revolted against their authorities, the United States has proudly stood as an example of principled freedom. And best of all, when citizens do believe some of those rights have been violated, legal moves, not violence, is the answer that provides justice, such as in this story in the Beehive State, where a Utah lawyer filed a motion to get a class action suit on behalf of 3,200 residents who assert “that the city’s code enforcement program infringed on their legal rights.” In this case, the citizens of the City of St. George followed their noses, and finding something smelling rotten, found it: city administrators devised an “ordinance enforcement scheme” a few years ago that was to expedite citations. But it also ended up circumventing “the due process required in criminal cases.” A Utah lawyer might have found the city’s plans suspect from the beginning, but the numbers coming forward now in the federal case made a strong argument. Not only are more than three thousand claiming their homes were searched illegally, another 16,000 residents have claimed that they “have had their properties encumbered and/or been fined as part of the ordinance enforcement scheme.” But when does a government code become a scheme? The people of St. George would point to when they began to sniff out corruption lurking behind official looking processes. It doesn’t help that the “judge assigned to administer the program stepped down,” and his replacement “resigned shortly before leaving to take another position in Nevada.” Were these conscionable men who refused to take part in an illegal scheme? Residents of the City of St. George see it that way. The Utah lawyer representing the class action suit pointed to the complaint filed itself, which alleged that the city “had moved their ordinance enforcement from the criminal law arena into a quasi-criminal arena where many Constitutional rights were not in play.” Imagine being fined immediately without notice or a chance to rectify your code violation for something as simple as weeds being too tall, or having your home searched without warning after a city administrative program whose legal base was flimsy to begin with gave officials the go-ahead. Utah lawyers would likely agree that it’s not the oft-cited principle of “having nothing to hide” or the responsibility of keeping up with code in the first place that should dictate the public response to a program like this: it’s the fact that when Constitutional rights are being violated, programs like this one begin to foment distrust. In places like Utah, there’s probably enough skepticism of the government to begin with, that perhaps the City of St. George is lucky that all they’re getting out of this shameful program is a lawsuit, and not armed defensive posturing like in other places in the American West. Free Initial Consultation with a Lawyer in UtahIt’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
If you agreed to bad terms in your divorce settlement, you will get screwed via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/173278132511 So you don’t like the terms of your divorce settlement and you want to modify those terms. I’ve heard this many times because I’m a divorce lawyer. Hopefully you met with an attorney before you signed the divorce papers. I hope that when you signed that settlement agreement you didn’t agree to getting hosed and then think you can complain about being hosed and have the court bail you out. With rare exception, by agreeing to the hosing that means you’re stuck with getting hosed. If you pulled the equivalent of a “Yes, Dear” when you settled your divorce case out of court, and now you want to “modify” your divorce settlement, you likely have a serious problem. We know what you probably did: you got tired, depressed, scared, your ran out of money, and so you agreed to what you knew to be a lousy settlement out of frustration and/or fear and thought “any settlement is better than continuing to litigate.” You may have also settled thinking that you’d broach the subject again down the road, when your ex had calmed down. We get it. We see this all the time. But the “I’ll just agree to getting hosed now and seek a change later, after the dust settles” mentality doesn’t fly. Agreeing to the hosing means you’re stuck with what you agreed to. You asked for it. Coming back to your ex or to your judge a few months or even a few years later proposing some changes won’t work unless you can convince your ex to change or unless you can show the court that the law warrants a change. That’s not easy. You can’t just request a change because you feel a change is appropriate. People who try to get their decrees of divorce modified on this basis are in for disappointment. Deep down, they know why: the one who got the better end of the lop-sided deal you made rarely grows a conscience (no matter how long you let them “cool down”), nor will they magically concede you are being taken advantage of. Your ex will respond with, “You agreed to these terms. You told me they were fair and acceptable to you then. Well, they’re fair and acceptable now too, and I am not willing to change them.” And that’s not your only problem. The court follows the same reasoning in saying “I approved your agreement, and I won’t reconsider it after the fact.” Now don’t confuse a bad deal you made voluntarily with a fraudulent deal you made innocently. If you agreed to a settlement based upon your ex making false and misleading representations to you, AND if you can prove that to the court AND you file a motion or new law suit within the VERY short time periods the court rules permit, you can get a fraudulent settlement overturned. And don’t confuse a bad deal you made voluntarily with a material and substantial change in circumstances. If you agreed to pay alimony based upon an income of $75,000, and then you lost your job because of a medical condition that leaves you unable to work that job or any other job that comes close to paying $75,000, that’s known as a material and substantial change in circumstances that arose through no fault of your own. If material and substantial circumstances arise, you can ask your ex to modify, and if your ex won’t agree, you can go to the court asking the judge to modify the decree to fit the change in circumstances. Just remember: to modify a divorce decree based upon a material and substantial change in circumstances means generally that it has to be a big, serious change, a change you didn’t cause, and a change that wasn’t foreseeable. OK, now back to settlements made out of desperation and fear, etc. If you choose to make a bad deal—whether with the used car dealer or after you order Miracle Blade knives off the TV or in a divorce—you’re stuck with the outcome. Even if you get a good attorney to try and get a change your decree down the road, it won’t work (so save your money on that attorney). Courts honor and enforce agreements between divorcing spouses. So, no matter how ugly your divorce might be, no matter how long it drags on, if you think a quick settlement now, followed by a second bite at the apple later is a smart “strategy,” think again. Free Consultation with a Utah Divorce LawyerIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you now.
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
I got a new job, can I still file bankruptcy? Dissenters Rights in a Business Divorce Reasons Parents Lose Custody of Their Children via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/173255471686 Dissenters’ rights is a little known and little used statutory procedure that can be invoked under particular circumstances which may solve disputed issues in a business divorce. The basic concept of dissenters’ rights is to allow a shareholder to be bought out at fair value when a substantial change in corporate structure is about to take place. Utah statutes provide a detailed procedure for the exercise of dissenters’ rights. No comparable provision exists in the Utah limited liability company statutes. TRIGGERS FOR DISSENTERS’ RIGHTSA number of corporate actions trigger the right of a shareholder to dissent and obtain fair value for the shares. First, if the corporation is a party to a plan of merger, including where a subsidiary is merging into a parent company, dissenters’ rights apply. If the corporation is a party to a share exchange and the shareholders are entitled to vote on the plan dissenters’ rights are triggered. Next is when a sale or exchange of all or substantially all of the property of the company occurs, unless the sale is pursuant to a court order or a sale for cash payable one year from the date of the sale. Dissenters’ rights exist if there is going to be an amendment to the Articles of Incorporation that materially and adversely affects a dissenters’ preferred rights in shares, creates or alters a right of redemption, alters a preemptive right, or excludes the right of the shares to vote on any matter including cumulative voting for directors. If a shareholder elects to dissent from any of these actions, a shareholder may not object or challenge the corporate action unless such action is fraudulent. Finally, the right to dissent is not applied to shares traded on a national exchange. DISSENTERS’ RIGHTS PROCEDURESIf any of these proposed actions will be submitted to a vote at a shareholder meeting, the meeting notice must state that the shareholders may assert dissenters’ rights. Even if there is no meeting, a notice still must be given in writing to shareholders about their right to dissent to the corporate action. Once the notice is received, any shareholder who may want to dissent must deliver in writing their intent to demand payment for their shares and dissent. It is incumbent upon the corporation to send a writing to all shareholders not later than ten days after the triggering corporate action is taken and advise the shareholders where payment demand must be sent and where share certificates may be deposited. That same notice will advise the dissenting shareholder when the corporation must receive the shareholder’s demand for payment of their shares. The shareholder must comply and send a demand for payment consistent with that notice. If no demand for payment is received the rights are waived. Upon receipt of the payment demand, the corporation shall pay the dissenter what the corporation estimates to be the “fair value” of the shares and shall send to the shareholder the Company balance sheet together with an explanation as to how the fair value estimate was calculated. If the shareholder is dissatisfied with the corporation’s estimate of the fair value, the dissenter may notify the corporation in writing of their estimate, less any payment tendered or otherwise reject the offer and demand full payment of fair value. Thereafter, if the matter is not resolved, the corporation is required to commence a court proceeding within sixty days and ask the court to determine the fair value of the shares, or otherwise pay the amount the dissenter estimates to be the fair value. All disputing dissenters must be a part of this action. There is no right to a trial by jury and the court may appoint a master or others to assist it in determining fair value. Each dissenter is entitled to obtain a judgment for the amount which the court finds is the fair value of the shares exceeding the amount offered by the corporation, if any. This is often called an “appraisal proceeding.” THE COURT DETERMINES FAIR VALUEThe court shall take evidence and determine fair value but has a right to assess expenses and attorney fees. The expenses assessed may also include the cost of experts. The court may find against the corporation in favor of the dissenter if it finds the corporation did not comply with procedural requirements, against the dissenter if the fair value does not materially exceed” the amount offered by the company; or against either the company or dissenter if it finds that the party against whom the fees and expenses assessed acted “arbitrarily, vexatiously, or not in good faith with respect to the rights provided …” by the dissenters’ rights process. The term “fair value” is defined in the dissenters’ rights statutes to mean the value of shares immediately before the effectuation of the corporate action to which the dissenter objects excluding any appreciation or depreciation in anticipation of the corporate action unless such exclusion is inequitable. The statutory definition does not deal with the issue of discounts for either a minority interest or lack of marketability, discounts commonly given for fair market value calculations. However, in Utah, case law states that fair value is not the same as fair market value and does not include discounts for marketability or minority interest. The practitioner should be alert to any of the possible triggering events during an owner dispute as the existence of any such triggering device may conclude a business divorce. The parties must carefully calculate their estimations and demands of fair value since the entire cost of the proceeding, including expert fees is at risk of being awarded to a successful party. The statutes were designed to deter an actual court proceeding by increasing the risk of loss. The court proceeding should probably only be one day with the evidence likely limited to the expert reports and perhaps some other related matters. The dissenters’ rights statutes present an admirable, limited procedure to allow a shareholder, under key circumstances, to remove themselves from their business partners and hopefully terminate a dispute receiving fair value for their interest in the company. Free Initial Consultation with a Business Divorce 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
via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/173246368861 Why is it that people who seemed to be fairly rational before divorce turn into complete paranoid, hyper-defensive maniacs once the separation and divorce process begins? Couples who promised to do this divorce thing respectfully suddenly turn into ferocious warriors, letting their mean-and-petty streak show through, especially when they get into the pit with their attorney. Sure, some people are just jerks, but what makes otherwise good people behave so poorly? It turns out this “crazy” behavior is fairly predictable and normal in such circumstances. That’s not an excuse for it, but when you better understand what’s pushing your buttons so badly, you can finally begin to make healthier choices and address the feelings of overwhelm that are triggering such unseemly (read: king of the jerks) behavior. Here are the panic-button pushing reasons that divorce makes us act so out of character: Disappointment Over Unmet ExpectationsWhen you said “I do” you did so with expectations about what marriage is all about. But maybe you never fully shared those expectations with the person you actually said your vows to. Many times we don’t articulate our expectations specifically because we assume everyone just knows this is how marriage is supposed to be. But, “everyone” may only be your family and the way they did things, or your closest friends with whom you have discussed this over and over. It never included your now soon-to-be-ex-spouse who (don’t forget) came into marriage with some unspoken expectations of their own. When our deeply held expectations (like “marriage is forever, no matter what”) are unmet, we often feel betrayed, making it easy to feel indignant and cast our ex as the enemy. We believe they let us down. But, if we’re honest, were they ever fully on page with us to begin with? The big challenge of marriage is putting both partner’s expectations on the table and then working together to create a mutually agreed upon vision for how your marriage will actually work. Fear of ChangeDuring periods of immense and drastic change (such as divorce), your mild-mannered brain goes into survival mode, ready at a moment’s notice to fight or retreat, thanks to that reptilian brain you inherited from your ancient ancestors. Whether is it your fear of losing status (social, financial, etc.), a sense of uncertainty about the future, a worry that you don’t belong anymore in your social circle, or just a feeling like this whole situation is so unfair—the problem-solving part of your brain can’t do its job until your panicked reptilian brain calms down. Uncertainty and fear about how things will turn out take a steep toll on you mentally and physically. Stress from staying in an “I’m in danger” primal mindset can short-circuit your patience, your willingness to listen, and your ability to communicate effectively. Your health is also likely to take a dive as well, making you prone to sleep deprivation and low stamina at a time when you are taking on mountains of critically important paperwork, decisions, and details as part of the divorce. So, even if you want to make good choices, the stress response of facing so much uncertainty and change at once is sure to cause you at least some temporary loss of rational thought and behavior. Feeling Powerless and Out of ControlIn normal life, you are used to being competent and in charge, but now you are thrust into the unfamiliar, unsure of how to get things done right in the divorce process (and in the new life waiting after it). You are being forced to make important decisions immediately. You have to hire a high-priced expert to navigate you through the legal aspects. And hiring a lawyer kicks off what could be seen by the other as an attack; you have drawn up sides and are now ready for war. Communication is out the window when you feel powerless and unable to fully control things that profoundly affect your life. You have to trust your attorney (who was likely a complete stranger to you before this situation) to lead the charge and make decisions that will affect your future (and your childrens’ future) for years to come. It all costs a fortune. Is it any wonder each side feels like they are being screwed? A Sense of EntitlementSplitting apart all of the property (and associated memories) the two of you acquired through your sweat, equity, and hard-earned money can feel like a spiteful business transaction. Each of you has a sense of ownership and “it wouldn’t have happened without my efforts” point of view. Your decisions right now are dominated by your emotions, not your logical problem-solving self. If you have kids, there is likely an overwhelming sense of guilt and worry that this divorce experience might be damaging them. They may even think it is their fault that mommy and daddy are splitting up. The kids end up as pawns in a fight over what you and your ex believe you each deserve or never deserved. Each of you are in it to “get yours” in the name of fairness. But the ego battle waging between you both in the pursuit of “emotional justice” ends up feeling more like scrambling down an endless tunnel with no cheese at the end. So, what’s a stressed out person to do in order to keep divorce-induced jerky behavior in check? Take back your dignity. Get in touch with who you are when you are at your best. Be clear about what is important to you and why, and how you want to remember yourself when this is over. Now, behave your way into that outcome. Assemble a good team to support you in this transition from married to single. Identify where you need more information, different perspectives, and validation that will get you through this in a way that lifts you up (versus pulling you down). Pick people who can support you in being your best. Fight the urge to surround yourself with people who will urge you to seek revenge, act petty, or take your ex to the cleaners. When you look in the mirror, you want the best version of you reflecting back as you move into your new future. Listen, listen, listen. Communicate, communicate, communicate—with your children, with your ex-spouse, and with the experts you are relying on to help you make the best decisions based on your needs, wants and values. Don’t be afraid to acknowledge your role in how things are going. If you misstep and act like a jerk for a moment, own it, and then apologize and move on. Remember your past successes. Take care of what is important to you, ask for help, and remember the times when you successfully dealt with challenging times in the past. What allowed you to be resilient then? How can that help you here and now? You’ve been through hard times before—you can handle this. Dealing with a difficult ex certainly doesn’t make the divorce process any easier. But neither does being a difficult ex. So keep yourself in check. By understanding some of the hot buttons that you both are pushing in each other, then maybe you can pause, take a breath, drop the jerk behavior and make better choices. Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for 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
Reasons Parents Lose Custody of Their Children How to Pay off High Interest Credit Card Debt Divorce vs. Legal Separation in Utah via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/173221702676 Although most laws are designed to help divorced parents maintain a healthy relationship with their children, there are times when some issues may disqualify divorcees from having legal custody of their kids. Most of these cases involve allegations related to child abuse or neglect. However, some allegations could be false statements from a contentious former spouse. If you are dealing with a child custody matter is best you contact a Salt Lake City child custody attorney to discuss your legal options. THE PROCESSThe process generally starts with one of the parents notifying the court about his or her concern involving a former spouse or parent of the children. Evidence must be provided otherwise the allegations of abuse are not valid. If the judge determines the behavior is a threat to the child’s safety, an investigation will take place. An investigator may take a look at the circumstances surrounding the allegations and decide whether or not the allegations are true. CHILD ABUSEThis is a common reason why some parents may lose the custody of their children. The court will see if there is a history of child abuse. Some factors that help the judge determine if there was child abuse include scars, bruises, marks, and cuts. Whether it was initiated by anger or inappropriate behavior, child abuse will definitely cause the parents lose custody of their children. If you suspect your former spouse has abused your child, notify the police and contact Salt Lake City child custody attorney. DOMESTIC VIOLENCEThere are cases that don’t involve child abuse yet if the child witnessed child abuse against the other parent during the last 5 years; the court may deny sole child custody. A history of abuse will be considered when making custody decisions. Granting custody to an abusive parent is not in the child’s best interest. DRUG AND ALCOHOL ABUSECourts will also take a look at other factors such as the use of controlled substances. The habitual use of drugs or alcohol by either parent is detrimental to the interests and safety of the kids, therefore, the parent addicted to these substances can’t be trusted with raising the children. VIOLATING A COURT ORDERParents should respect custody orders. Doing otherwise may result in a parent losing custody. Although it’s all based on how the order was written, violating the order doesn’t help advance the case. Some cases involving joint custody, for example, require both parents making important decisions about the child. If one of the parents fails to consult the other parent before making an important decision, the custody order could be modified and the parent may lose custody. PARENTAL ALIENATION AND CO-PARENTINGWhen one of the parents is manipulative and he or she uses these tactics to alienate the children from his or her former spouse, there is a chance he or she will lose the custody. Co-parenting is sometimes the best option in some scenarios as it allows parents that can’t get along to follow a strict joint custody schedule. PROTECTING YOUR CHILDREN FROM PARENTAL ALIENATIONIt is natural for children whose parents live apart to want to spend more time with them. Most children feel that they will not be able to spend enough time with mom and dad after divorce. Custodial parents generally have less time for the children due to the many responsibilities they have and non-custodial parents aren’t around as much as they used to. In the midst of all this chaos, some parents may take advantage of the situation and manipulate their children into fearing or expressing hostility towards their former spouses. This is when parental alienation takes place. A child may reject one parent following a harshly contested divorce. These cases generally require the intervention of a Salt Lake City divorce attorney. Several problems may arise that only an experienced attorney is equipped to handle. Divorce can be one of the most frightening experiences for children since their lives may change dramatically after their parents decide to go separate ways. They have to adapt to a new family structure they do not like yet they have no control over it. Children need the love and care of both parents when growing up. Unfortunately, some parents don’t understand this and they choose to involve their children in a harsh divorce battle. It is a way to harm a former spouse by taking the children from them. HOW CAN YOU PROTECT YOUR CHILDREN?Let’s start by taking a closer look at the common signs of parental alienation:
DEALING WITH PARENTAL ALIENATIONIt all depends on your child’s age and your relationship with them. If you still communicate with your children, there are some steps you can take to stop the alienation:
Free Initial Consultation with Family 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
via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/173211589691 Perhaps like many Americans your New Year’s resolution involves paying down credit card debt. After all, even the most ardent supporter of the plastic hears that little voice in the back of their head “credit card interest rates are a huge ripoff, I shouldn’t use my Visa card as much as I do.” To be sure, if you’re trying to get your financial life in order, taming high interest credit card debt is job number one. Unfortunately, many consumers get caught in the minimum monthly payment trap, leaving stagnant balances that seem to never go away. So how do you go about paying down credit card debt and getting rid of Mr. Visa once and for all? Damage AssessmentThe first step to paying off your credit card debt is to figure out the exact amount that you currently owe. It’s not until you have exact balances and the interest rates you’re being charged that you’ll know how high of a mountain you’re faced with climbing. In addition to outstanding balances, add up the monthly payment for each card and figure out how much of your income is going to credit card payments every month. Organization is key. We’ve created a simple chart to help you organize what you owe. Break Your Dependence on Credit CardsIn other words, stop using the credit cards! The idea in starting a plan to pay down credit card debt is to attack the principal balances rather than just paying interest every month. The credit card companies want you stuck in debt, feeding them their interest every month. The only way to stop interest from increasing is to stop the balances from increasing. Put together a budget and stick to it, without using your credit cards. Often, aggressive budgeting is the fastest way out of debt. It might hurt at first, but the sense of satisfaction you’ll receive from paying off your credit card debt will far outweigh any temporary inconvenience. If you absolutely need credit cards to live, it might be time to consider filing for bankruptcy. Pay Off One of the CardsTo gain momentum in your quest out of credit card debt, pay off the smallest card first. Completely retire one of the balances, it feels good. Some will argue that tackling the highest balances first makes sense, but momentum will play a big role in getting you out of credit card debt. Get rid of the smallest card and the rest will start to fall in line. Pay More Than the Minimum Monthly PaymentSalt Lake City bankruptcy attorney wrote an excellent post on the National Bankruptcy Forum describing the major problems consumers face when they try to pay just the minimum on a credit card. He listed a table showing how long it takes to pay off small debts at low interest rates which we’ve included here: $1000 balance, 18% interest, minimum payment $100 = 11 months to payoff $1000 balance, 18% interest, minimum payment $50 = 24 months to payoff $2000 balance, 18% interest, minimum payment $100 = 24 months to payoff $2000 balance, 18% interest, minimum payment $50 = 62 months to payoff $3000 balance, 18% interest, minimum payment $150 = 24 months to payoff $3000 balance, 18% interest, minimum payment $100 = 40 months to payoff $4000 balance, 18% interest, minimum payment $200 = 24 months to payoff $4000 balance, 18% interest, minimum payment $150 = 34 months to payoff $5000 balance, 18% interest, minimum payment $200 = 32 months to payoff $5000 balance, 18% interest, minimum payment $150 = 47 months to payoff $5000 balance, 18% interest, minimum payment $100 = 93 months to payoff As John points out in his article, these figures don’t even factor in administrative or late fees which can add up quickly! The bottom line is that minimum monthly payments on credit cards usually represent interest only, the underlying balances aren’t touched by making these payments. To actually get out of credit card debt it will be crucial to pay more than the minimum monthly payment, there’s simply no other way. Transfer Debt to Lower Interest CardsAs the table above demonstrates, the credit card companies kill you with high interest rates. As we’ve established, if you’re trying to get out of debt, paying the minimum won’t do. Instead, try transferring balances from one lower interest card to another, and keep doing it as opportunities arise. Many banks offer promotional “teaser” rates to induce consumers to open a line of credit. If you pay enough attention to deadlines, you can move your credit card balances around to banks offering the lowest rate, this will cut down on some of the money you’re throwing away on interest. Negotiate With The BankMany lenders are open to settling past-due credit card bills for less than the full amount owed and a good consumer attorney can aid in negotiating with your credit card lender as a way to avoid bankruptcy. How is this possible? Once a loan goes into default for long enough, lenders no longer carry it on their books as a performing asset. In cases where a consumer has fallen behind for many months, recovering anything at all may be considered gravy by the credit card lender. This doesn’t mean your lender will be a push over, they’ll likely ask that you produce financial information as part of the negotiation process, but to the extent you have some cash to throw at the problem, you might be able to get out of debt for far less than what you owe. In these cases, the amount of debt forgiven will be taxed as income come April. For more information, see: Tax Consequences of Forgiven Debt. Know When to Look for HelpIf you fallen behind on your credit card bills or need credit cards to purchase basic necessities such as groceries and gas, it may be wise to meet with a bankruptcy attorney. Although options outside of bankruptcy should always be explored, filing for bankruptcy protection will eliminate credit card debt as well as medical bills. Free Consultation with Bankruptcy LawyerIf you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.
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
I got a new job, can I still File Bankruptcy? via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/173187632466 I’m going to share a very important part of estate planning law in this post. The act of witnessing an instrument of writing, like a Will, at the request of the party making the Will, is done in the attestation clause section of the Will. The validity and form of an attestation clause is usually a matter of U.S. state law, and can vary from state to state. The attestation clause in a Will is essential. Utah Estates, Powers and Trusts Law Section 3-2.1 provides the requirements for the signing and witnessing of a Will. The statute has a number of provisions which include the requirement that the Will be in writing and signed at the end. A Utah attestation clause lawyer can guide you through these requirements. The statute further provides that there must be at least two attesting witnesses and that any writing that is placed on the Will following the testator’s signature, other than the witness attestation, is not to be given any effect. Another requirement of the statute is that the testator declare to the witnesses that the paper he is signing is his Will. The preparation and execution of a Last Will may seem rather routine. However, the provisions of the Will providing for dispositions to beneficiaries as well as the inclusions of significant statutory provisions such as the attestation clause allow a smooth and efficient probate and estate settlement process. Without proper language and terms a Will may be subject to a Will Contest and invalidated. A Will must be drafted and executed properly to be effective. I’ve seen poorly written wills and trusts alot as an estate lawyer in Utah. It is most important that the Will be worded in clear, unambiguous language. As noted, one clause that should always be inserted in a Will is the attestation clause (the part of the will that deals with the witnessing of the testator’s signature). An attestation clause lawyer in Utah can advise you on drafting it. Utah requires that there be witnesses to a Will and that certain formalities of signing be followed. The attestation clause in a Will provides that these requirements were adhered to. Sometimes the witnesses to the Will are dead or have moved. In either case, there may be great difficulties in obtaining probate if there is no attestation clause. The attestation clause of the Will, while not complicated, is important. Although the statute only requires that there be two witnesses, it is common for New York Will Lawyers to have three persons act as attesting witnesses. The witnesses should be disinterested and not receive any benefit under the Will. At the time the Will is executed the witnesses usually also sign an affidavit which sets forth the basic elements regarding their witnessing of the Will such as the testator was over 18 years of age and that they saw the testator sign the Will and that all the witnesses were present when the testator and witnesses signed. This paper is called a self-proving affidavit and is attached at the end of the Will and helps expedite the probate of the Will. Free Consultation with a Will LawyerIf you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/173177228921 It’s important to keep in the loop as a Securities Lawyer. For example, the Securities and Exchange Commission charged two former executives at a credit card processing company with masterminding a fraudulent scheme to steal millions of dollars through phony expense reimbursements, inflated invoices, and other improper accounting tactics. The SEC’s complaint alleges that iPayment’s then-senior vice president of sales and marketing Nasir N. Shakouri and then-executive vice president and chief operating officer Robert S. Torino routinely reimbursed themselves for payments that were never actually made to third-party vendors using their personal credit cards. They also allegedly conspired with vendors to inflate invoices and receive kickbacks from the overpayments, and claimed improper commissions and bonuses related to other corporate funds they improperly diverted in various ways. The SEC’s complaint also charges three other iPayment executives – Bronson L. Quon, John S. Hong, and Jonathan K. Skarie – with participating in the scheme and helping Shakouri and Torino falsify books and records to hide the thefts of corporate funds. Quon, Hong, and Skarie were allegedly rewarded for their assistance with misappropriated iPayment funds. “As alleged in our complaint, these executives manipulated iPayment’s internal accounting systems, lied to the external auditor, and caused approximately $11.6 million in losses to the company,” said Sanjay Wadhwa. In a parallel action, the U.S. Attorney’s Office for the Central District of Utah today announced criminal charges against Shakouri and Torino. The SEC is seeking disgorgement of ill-gotten gains plus interest and penalties as well as officer-and-director bars. SEC, NATIONAL BANK OF BELGIUM AGREE TO ENHANCED COOPERATION AND INFORMATION SHARING REGARDING EUROCLEARThe Securities and Exchange Commission today announced that it has entered into an arrangement with the National Bank of Belgium to enhance cooperation and information sharing regarding expanded services by Euroclear Bank, which provides clearance and settlement through its operation of the Euroclear System. Brussels-based Euroclear Bank is subject to prudential supervision and oversight by the National Bank of Belgium as a credit institution and as a clearing agency. The SEC granted Euroclear’s predecessor an exemption from registration as a clearing agency in 1998, allowing it to provide clearing services for U.S. government securities. On Dec. 16, 2016, the SEC approved Euroclear’s application to modify its exemption from registration, enabling it to also provide limited clearing agency services for U.S. equity securities. On March 9, 2017, the SEC and the National Bank of Belgium added an addendum to their 2001 Understanding Regarding An Application of Euroclear Bank for an Exemption under U.S. Federal Securities Laws regarding Euroclear’s clearing activities in the U.S., enhancing their ability to exchange information about Euroclear’s new services. “This addendum will expand the signatories’ ability to cooperate and exchange information related to Euroclear Bank and augment the SEC’s oversight of Euroclear Bank’s activities under its exemption order,” said Paul A. Leder, Director of the SEC’s Office of International Affairs. SEC CHARGES FIRMS INVOLVED IN LAYERING, MANIPULATION SCHEMESThe Securities and Exchange Commission today announced fraud charges against a Ukraine-based trading firm accused of manipulating the U.S. markets hundreds of thousands of times and the Utah-based brokerage firm and CEO who allegedly helped make it possible. The SEC’s complaint alleges that Avalon FA Ltd touted itself to traders as a destination to engage in layering, a scheme in which orders are placed but later canceled after tricking others into buying or selling stocks at artificial prices, resulting in illicit profits. Avalon allegedly made more than $21 million in the layering scheme involving U.S. stocks during a five-year period. According to the SEC’s complaint, Avalon also made more than $7 million in illicit profits through a cross-market manipulation scheme in which the firm bought and sold U.S. stocks at a loss in order to manipulate the prices of the stock and its corresponding options so that it could then profitably trade at artificial prices. Avalon allegedly used traders in Eastern Europe and Asia to conduct its trading, and the firm kept a portion of the profits and collected commissions from the traders. The SEC’s complaint also describes fraud charges against Avalon’s named owner Nathan Fayyer and Sergey Pustelnik, who allegedly kept his controlling interest in Avalon undisclosed and embedded himself at Lek Securities as a registered representative, using his position to facilitate the schemes. The SEC further alleges that Lek Securities and its owner Samuel Lek made the schemes possible by providing Avalon with access to the U.S. markets, approving the cross-market trading scheme, and improving its trading technology to assist Avalon’s trading. According to the SEC’s complaint, Lek Securities also relaxed its layering controls after Avalon complained. Avalon was the highest-producing customer for Lek Securities in terms of trading commissions, fees, and rebates generated. “As alleged in our complaint, Avalon openly marketed itself as a destination for manipulative trading, and Lek Securities opened the gate to allow the schemes into the U.S. markets despite repeated warnings that its customer was manipulating the market,” said Stephanie Avakian, Acting Director of the SEC’s Division of Enforcement. After filing its complaint in U.S. District Court for the Southern District of Utah, the SEC obtained an emergency court order freezing Avalon’s assets held in its account at Lek Securities as well as freezing and repatriating funds that Avalon has transferred overseas. SEC FREEZES BROKERAGE ACCOUNTS BEHIND ALLEGED INSIDER TRADINGThe Securities and Exchange Commission today announced an emergency court order to freeze assets in two brokerage accounts used last week to reap more than $1 million in alleged insider trading profits in connection with a merger announcement by telecommunications companies. According to the SEC’s complaint filed in U.S. District Court for the Southern District of Utah, highly suspicious transactions have been detected surrounding last week’s announcement that Liberty Interactive Corp. had agreed to acquire General Communication Inc. The traders, who are currently unknown, allegedly used foreign brokerage accounts in the United Kingdom and Lebanon to purchase call option contracts through U.S.-based brokerages and on U.S.-based exchanges in the days leading up to the April 4 public announcement of the acquisition. The court’s order freezes the foreign accounts’ assets contained in the U.S. brokerages. According to the SEC’s complaint, some of the risky options positions taken in these accounts represented virtually 100 percent of the market for those options. Following the acquisition announcement, General Communication’s shares rose more than 62 percent and the brokerage account customers allegedly sold the bulk of the contracts. “As alleged in our complaint, the timing, size, and profitability of the trades as well as the absence of any recent trading by the accounts in these particular securities make the transactions highly suspicious,” said Michele Wein Layne. “We don’t hesitate to act quickly and proactively to freeze accounts and prevent proceeds from dissipating while we continue to investigate dubious transactions and identify the traders behind them.” The emergency court order obtained by the SEC requires the traders to repatriate any funds or assets located outside the U.S. that were obtained from the alleged insider trading. The traders are prohibited from destroying any evidence. The SEC’s complaint charges the unknown traders with violating Section 10(b) of the Securities Exchange Act of 1934 and Exchange Act Rule 10b-5. The SEC is seeking a final judgment ordering the traders to disgorge their allegedly ill-gotten gains plus interest and penalties and permanently enjoining them from future violations. 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
via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/173154522751 Yes. Yes you can. Does a regular paycheck disqualify a consumer from filing for chapter 7 bankruptcy?If you’ve read this blog with any frequency, you’ve undoubtedly seen numerous posts about bankruptcy reform and the means test. Indeed, much has been written about the means test, the vaunted gatekeeper to chapter 7 bankruptcy protection implemented by Congress as part of BAPCPA in 2005. Under the “new” law, families that earn above the median income in their state must pass the means test in order to qualify for chapter 7 bankruptcy. It is possible to file for chapter 7 protection while earning a salaryWill a new job give you a failing grade on the means test and prevent you from filing chapter 7 bankruptcy? Likely, no. First of all earning a salary doesn’t automatically preclude anyone from qualifying for chapter 7. Only individuals and families that earn more than the average in their states must pass the means test in order to qualify and often do. A job at a professional services firm, Like J.P. Morgan, that pays a higher salary, will make the path to bankruptcy harder than a job at Walmart that doesn’t pay as much. However, keep in mind that the income guidelines for chapter 7 look backwards. Qualifying for chapter 7 looks at past earningsIn addition, if you’ve had a prolonged period of unemployment even a new job with a high salary shouldn’t pose a means test problem. This is because the means test deducts allowed expenses from your current monthly income (average income over the last six months). If after expenses you have very little “disposable income” you will qualify for chapter 7. The six month look back period allows your period of unemployment to be averaged in with your new salary in calculating your current monthly income. For example, if you have recently landed a job that pays $100,000 annually but have only been working for 2 months, you will likely still qualify to file for chapter 7 bankruptcy because your average income over the last six months (which will include four months of no salary) will put you below your state’s average income. The means test can be complicated, if you have questions, it is wise to consult an attorney. If your attorney advises you that your income is too high for chapter 7, chapter 13 bankruptcy may be a good option. Don’t Sell Property to Avoid BankruptcyDon’t cash in your 401(k) or sell your property to avoid bankruptcy. In the last several months, I have had a large number of people in their 50s and 60s contact me about filing for bankruptcy. In a lot of ways, this recession has hit people in this age group the hardest. Between the layoffs and the tough job market, a lot of people are really struggling. And even when someone is lucky enough to find a job, oftentimes it is at a significantly reduced salary. The bad economy has caused people to file bankruptcy who didn’t expect toThe fact is that the recession is causing a lot of people to file for bankruptcy who never thought they would. While the recession is is undoubtedly a sad turn of events, I am also seeing an even more disturbing trend. Namely, a lot of them are selling all of their property in an effort to stay current with their bills and avoid filing for bankruptcy. By the time they come to me, they have already gone through everything they own. While these efforts are always well-intentioned, they are catastrophic for their finances. In a lot of cases, people are selling assets that they would otherwise be able to keep if they would have thought about filing for bankruptcy a little sooner. Chapter 7 divides assets into two pilesWhen you file for chapter 7 bankruptcy, your assets are divided into two categories: exempt and nonexempt. When you file for chapter 7 bankruptcy, you get to keep your exempt assets and the bankruptcy trustee has the option of taking and selling your nonexempt assets. This distinction is vitally important because in most cases, your retirement accounts and equity in your home are exempt. The amount of the exemption varies from state to state, but the point is this: do not sell exempt property to pay debt that can be discharged in bankruptcy. Example – mistakenly cashing in a retirement accountFor example, let’s say you are in your mid-50s and are having financial difficulty. If you sell your retirement account to keep your head above water and pay credit card bills, you are literally selling your retirement years. Do not liquidate your retirement account to pay off credit card debt, or other debt that can be discharged in bankruptcy. This is especially true when you do not have a lot of time to start saving for your retirement again. The bottom line about BankruptcyDo not go into denial about your financial situation. If you are thinking about selling your retirement account for living expenses, that is a pretty good sign that you should be thinking about filing for bankruptcy. But the only way you can know for sure is if you talk to a skilled bankruptcy attorney about your situation. A bankruptcy attorney will be able to listen to your situation and help you decide if filing for bankruptcy is right for you. Exemptions vary from state to state, and not all debt can be discharged in a chapter 7 bankruptcy. Therefore, be sure to talk with an attorney so you can make an informed decision. But please, do not sell any exempt assets to keep up with your daily living expenses until you have had a chance to talk with a skilled attorney. Free Consultation with a Utah Bankruptcy LawyerIf you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.
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
Discharging Student Loans in Bankruptcy via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/173144745471 |
ABOUTHi my name is Fiona Rikke and i am Divorce Lawyer at Midvale, UT. Archives
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