CHECKLIST OF DOCUMENTS YOU NEED TO PREPARE TO FILE DIVORCE PAPERS DOCUMENTS THAT ALREADY EXIST AND YOU NEED TO GATHER If you are going to file divorce papers, there are certain documents you will need to gather. If you are trying to handle your divorce yourself, you will need them, and if you are hiring a Utah Divorce Lawyer, you will need to give these documents to your attorney. If you have decided to move out of the house or apartment where you and your spouse lived together, you will need to gather these documents before you leave. You may not be able to find all of them, but get as many of them as you can:
Documentation regarding any criminal cases you or your spouse have been involved in, even if you were not arrested and were not convicted, but were simply charged or investigated
DOCUMENTS THAT YOU NEED TO CREATE
ADDITIONAL DOCUMENTS THAT BUSINESS OWNERS WILL NEED TO GATHER If you own a business, and that business earns substantial income, then your business may need to be valued as part of your divorce. Many business owners think that their business has no value because THEY are the business. This may be true. Not all businesses have value substantial enough to pay a valuation expert or to litigate over, but some businesses do. To start with, you will need to give to your Utah Divorce Lawyer all the same documents that you provide to your accountant each year to do your taxes. You will probably need additional documentation if your business is to be valued by an expert. When gathering these documents it is IMPORTANT to remember that you are NOT trying to “grab the documents and run”. Your spouse needs access to all the same information that you do for the divorce, and they will get the information eventually. If you make it expensive for your spouse to get the information because you would not share it, then the court may order you to reimburse both your spouse and his or her lawyer for that expense. The better practice is to gather the information and either make copies for your spouse, or give the originals to your Utah Divorce Lawyer and have them provide a copy to your spouse’s Utah Divorce Lawyer. Free Consultation with a 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.
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
Contempt of Court in Utah Custody Parenting and Visitation Cases Salt Lake City Lawyer Talks About Innocent Shooting via Michael Anderson http://www.ascentlawfirm.com/utah-divorce-lawyer-on-divorce-in-utah/
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In child custody cases, a Judge or Commissioner can hold a person in contempt of court for failure to comply with or interference with a parenting time or visitation order. There are numerous penalties that can be imposed, such as jail time, fines, awards of court costs and /or attorney fees to the aggrieved party, and an order for make-up parenting time. In addition, that denial of time and willingness to obey the orders are relevant factors the Judge or Commissioner must consider when determining what is in the best interest of the child. Continuous and willful denial of the ordered time is a factor which may be found to be a change of circumstances, and the Judge may find that it is in the best interest of the child to change the residential parent or school placement parent. FINES The court can impose the following fines:
JAIL TIME In addition to all the other penalties, if a person is found in violation of or to have interfered with parenting time or visitation the Judge can sentence the person who is in contempt of court to jail time as follows:
COURT COSTS If a court finds that a person is in contempt of a custody or visitation order, the Judge or Commissioner can charge all court costs arising out of the contempt proceeding against the person in contempt. ATTORNEY FEES If a court finds that a person is in contempt of the orders regarding time with the child, the Judge or Commissioner can order the person in contempt to pay “any reasonable attorney’s fees of any adverse party, as determined by the court, that arose in relation to the act of contempt”. MAKE-UP TIME Pursuant to a court has the authority to, but is not required to, order make-up time for the parenting time missed as a result of the acts of contempt. Generally, if holiday parenting time was missed, then similar or identical holiday parenting time is what the court will require to be made up. For example, if you plan to keep the child for Christmas this year, in violation of the Judge or Commissioner’s order, then chances are good you will not see your child on Christmas next year, and possibly for the next two years. CHANGING THE CUSTODY OR VISITATION ORDER If a person is found to be in contempt of an existing order, the Judge or Commissioner may find the parent’s willful disregard of the orders to be a change in circumstance, and may find that it is in the best interest of the child to change which parent is the residential parent or school placement parent. The Judge or Commissioner does not do this on it’s own, but if the other parent filed a motion to change custody, or school placement parent along with his or her Motion for Contempt, the court may find that the benefit of the change outweighs the harm and give custody to the other parent. The Judge or Commissioner should also consider, among other factors, the following matters when determining what is in the best interest of the child:
The court should consider, among other factors, the following matters when determining what is in the best interest of the child:
Free Consultation with Child Custody LawyerWhen you need help with visitation time, custody, or other support issues, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Salt Lake City Lawyer Talks About Innocent Shooting What to do when you don’t get your Child Support Divorce and Medical Practice Owners in Utah via Michael Anderson http://www.ascentlawfirm.com/contempt-of-court-in-utah-custody-parenting-and-visitation-cases/ Recently, the story of a Utah police officer shooting a dog in its owner’s backyard went viral, and perhaps with good reason, Salt Lake City attorneys say. Beginning with a video posted to Facebook, the story gathered steam via social and news media, and the resulting outrage by the public has raised questions over the series of events that led to the death of the innocent, reportedly non-aggressive pet. According to the article in the Salt Lake Tribune, police officers were searching for a missing 3-year-old boy in the Sugar House area when one of the officers entered a private backyard and shot a Weimaraner in the head, killing it on the absent owner’s property. The video that went viral shows the owner of the dog, Sean Kendall, confronting the Salt Lake City police officer upon arriving at his house and learning that his dog had been killed. He reports that he received a phone call from Animal Control informing him of the situation, and asks the question the public has since been demanding an answer to: “What was the cause for an officer to shoot and kill my dog?” It has not yet been reported whether Kendall is looking into getting legal counsel from Salt Lake City attorneys, and the city’s police department “has revealed little information about the shooting except to say that the dog acted aggressively when the officer entered its backyard as he searched for the missing child.” The officer who pulled the trigger remained on duty and was eventually cleared of any wrongdoing, but the comments on the news articles and in social media about the incident demand that the results aren’t good enough. The executive director of the Humane Society of Utah speaks for much of the public response when he queries, “Why, when there are so many non-lethal alternatives available (pepper spray, tasers, batons, etc.), that this officer hose to use deadly force as his first go-to option?” Unfortunately, according to some Salt Lake City attorneys, Kendall may not have any legal recursive action available to him. Litigators for civil suits don’t encourage Kendall to be hopeful about filing a case, as property damage claims will likely be small comfort in the face the grief incurred by the death of a pet. This has been a big enough deal of an incident that the City Council has commented on it, sending a letter to Police Chief Chris Burbank and informing the police department of an independent review to be conducted by the Police Civilian Review Board, with the request that “both investigations be thorough and deliberate, with the results released to the public as soon as possible.” But even local Salt Lake City attorneys acknowledge that the results of the report will do little to appease the anger of the community, which is partly why the City Council has requested that Burbank “educate” the public on policies of law enforcement surrounding searching for a missing child. No one wants to see another incident like this one anytime soon. 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 Michael Anderson http://www.ascentlawfirm.com/salt-lake-city-lawyer-talks-about-innocent-shooting/ This case in Domestic Relations involved a divorce that had been litigated for 10 years. One of the disputes revolved around the valuation of the husband’s orthopedic practice. In particular, the valuation of the receivables was disputed. Both experts used the fair market value standard and both placed great emphasis on the value of the receivables. The husband valued the receivables using records from 1999. The wife’s expert used the value of receivables in 1998. The husband claimed that the wife’s expert did not use the most recent financial information. However, according to the court, the husband did not provide the most recent receivable information to the wife, nor did the husband have his expert testify, instead relying on an affidavit authenticating the contents of the report. The Appeals Court also noted discrepancies in the 1999 records and the differences in information he provided to the two experts, and used this to support it’s finding that the Wife’s expert opinion was more credible. In general, the trial Court found the husband’s expert report less credible and the Appeals Court found no abuse in relying on the wife’s expert’s testimony and report. Traditionally, valuations are performed at a particular time and as of a valuation date. This case really emphasizes the importance of the two sides agreeing on a common valuation date. Had they agreed that 1998 was the valuation date, the issue of timely data, and discrepancies would never have occurred. The case also shows how the court’s perceived failure to disclose can backfire on the party who has the information advantage, normally the owner spouse. Finally, the exceptional period in delay from filing to final trial, points out the cost of multiple valuations which can be avoided with a fixed valuation date. Experts are not usually required to update their reports except at an additional cost. Dating the valuation as close to the divorce as possible can avoid the cost of updating the report, but may not reflect the valuation realities of the marital assets. The relevant date is when the parties effectively terminated the marriage, either by separate living arrangements, or by filing for separation or divorce. This approach acknowledges that divorces sometimes take time, but the delay in the court decision should not affect the value of the marital property at the time of divorce. This approach would eliminate the cost of updating the report since any updates would be irrelevant, baring unusual changes in circumstances. If there were unusual circumstances, the effect could be introduced at trial without a complete revaluation. Utah Supreme Court Puts Limits on Free Attorneys for Contempt of Court
On October 24, 2017, the Supreme Court decided that while an indigent parent may have an attorney for a hearing to decide whether they are in contempt of court or not, once they are found in contempt he or she may lose their free attorney. When a person is found in contempt, the court makes orders regarding what must be done to “purge” their contempt, or else face jail time. The court may set a date for the person on contempt (“contemn or””) to come back to court and either prove that they have purged their contempt or go to jail In Liming v Damos, the Supreme Court decided:
The Supreme Court said that a purge hearing is civil in nature if the original contempt sanction was civil. In this case, the Commissioner recommended that Mr. Liming be found in contempt for failing to pay his child support, and that he be sentenced to 30 days in jail, with the term suspended as long as he paid his full monthly child support and arrearage payments, and complied with other conditions for one year. The contempt would then be considered purged as long as Mr. Liming remained in compliance. The Judge adopted the Commissioner’s Decision. Not quite a year later, the Athens County Child Support Enforcement Agency filed a motion to impose the sentence for Mr. Liming’s failure to comply with the seek-work program, to report employment changes to the agency, and to pay child support. The court held a hearing, and Mr. Liming requested a public defender, and the court denied his request. The court found that he had failed to comply with the conditions of the court’s purge order, and Mr. Liming was sentenced to 10 days of his 30 day sentence, with the remaining 20 suspended on the condition that he fully comply with the conditions of the purge order for one year. Mr. Liming appealed the court’s decision. The Fourth District Court of Appeals said that the original contempt hearing was civil in nature, and enforcing the sentence did not change the purge hearing to a criminal action. This can be confusing – how can it be a civil matter when a person is facing jail time? Contempt is it’s own animal. It is said that a person who is facing contempt has the keys to his own prison. All he has to do is comply with the court’s order, and the threat of jail time is gone. Mr. Liming argued that it was impossible for him to pay his child support. He argued that the trial court was obligated to determine whether it was impossible for him to pay his child support. The Supreme Court of Utah said that while inability to pay is a defense to contempt, the burden of proof is on the person asserting the defense. The court said there is a presumption of ability to pay from the fact that there is an order to pay, and because Mr. Liming did not object to the original order. In addition, Mr. Liming did not offer any evidence of inability to pay at his hearing to impose the suspended sentence. 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.
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
Common Misconceptions Regarding the Divorce Process in Utah Bankruptcy and Your Second Mortgage Special Needs Trusts In Salt Lake City What a Car Accident Lawyer Says via Michael Anderson http://www.ascentlawfirm.com/divorce-and-medical-practice-owners-in-utah/ When you need to get divorced, usually, you call a divorce lawyer to talk about your situation and move forward. In determining how to get you divorced, the lawyer must determine where jurisdiction lies. Jurisdiction is a complicated issue. Actually, it’s a whole bunch of issues all jumbled together. There is personal jurisdiction, subject matter jurisdiction, and then there is in rem jurisdiction. If that weren’t complicated enough, there’s also a similar issued called venue. Before you determine Venue, you have to figure out the proper jurisdiction. There are many things that are relevant to where you should file your divorce, such as:
IN REM JURISDICTION FOR UTAH DIVORCEIn Rem is a latin term. When used in the divorce context, it refers to the court’s jurisdiction over the marital status. So a court may have in rem jurisdiction to grant a divorce, but no personal jurisdiction over one of the parties, their money and their property, and/or no subject matter jurisdiction over the parties’ children. In that case, the court could ONLY make orders that the parties are divorced. Everything else (child support, spousal support, custody, property division, etc.) would remain in as it is, with no orders until somebody files something to get those orders in the proper jurisdiction. Why would you want to file a divorce in a court that can only end the marriage and not make any orders regarding child support, custody and property? Actually, there are lots of reasons.
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.
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 and Your Second Mortgage via Michael Anderson http://www.ascentlawfirm.com/utah-divorce-jurisdiction/ One of the most exciting areas of bankruptcy law is the ability to discharge or remove a second mortgage. For years the ability to remove a second mortgage was largely irrelevant as property values rose year after year. Now the power of the bankruptcy court has become one of the most powerful consumer protection laws ever. It is important for every home-owner to know his right to adjust his home mortgage through the bankruptcy law. How can bankruptcy help discharge my debts?Although this article refers to a lien on property as a “second mortgage” most types of liens including mortgages, home equity lines of credit, and other variations can be considered “second mortgages.” Bankruptcy law gives debtors great power over unsecured creditors. For instance, in most cases all of the client’s credit card debt will be discharged. Other unsecured debts such as certain bank loans, personal loans, and payday advance loans can similarly be wiped away. The great power of bankruptcy in the current housing meltdown is its power to treat a second mortgage as an unsecured debt when the first mortgage is under water. That means that if your house is worth less than the amount owed on your first mortgage, you may be able to rid yourself of your second mortgage along with most of your other debts. This is called a “lien strip” or a “mortgage strip” What is required to get rid of my second mortgage?In order to take advantage of a mortgage strip, a client must complete a Chapter 11 or Chapter 13 reorganization plan. The plan requires monthly payments to the court to partially repay creditors for a period of 3-5 years. In many cases the repayment to the court is lower than the monthly second mortgage payment. You will not have to pay your second mortgage while in bankruptcy, and of course you will continue to live in your house. At the end of the 3 or 5 year plan, you can own your home subject only to the first mortgage and have no other debt to hold you back. There is opportunity in the downturn. There is a bright spot in the housing crisis; those who bought homes at the peak can take advantage of the drop in property values too. Come and speak with me about how you can own your home free of your second mortgage. How Can I Pay for Bankruptcy?Established in federal law, bankruptcy is a proven method for getting out of debt, but those in financial hardship are often uncertain about the costs involved. While you can technically file bankruptcy by yourself, experience matters tremendously and can mean the difference between keeping or losing property, having to re-file your case or even going to jail. Creditors are adept at using the legal system and will count on individuals to be overwhelmed or un-knowledgeable about court proceedings that attorneys have spent years learning. Weigh Your OptionsWith court fees, mandatory counseling courses, credit reports and attorney fees, bankruptcies tend to range between $1500 to $2,000 (varies by state & service), with additional fees being paid through Chapter 13 payment plans. Without a doubt, a $2,000 bill can seem overwhelming to someone struggling with debt. But while it may seem expensive to file for bankruptcy, it’s almost certainly more expensive to keep struggling with sky-high interest rates, late payments, overdraft fees, out of control payments, collection attempts, lawsuits, repossessions and even foreclosure. Filing for bankruptcy is an investment in your financial future. Budget BankruptcyYou know the old saying: You get what you pay for. Discount attorneys or paralegals that offer to file your bankruptcy for a low price often offer even lower service by cutting corners and saving time. Think about this: If you’re going in for a life-threatening surgery, are you going to find a budget surgeon? Doubtful! Bankruptcy is a vital legal procedure that can impact your financial future for years to come, and mistakes can be devastating. Watch out for attorneys that offer a low price and a quick case: their incentive to make money fast could result in a mismanaged bankruptcy and even worse, a long term financial disaster for you. Customized vs. Cookie CutterIt can be tempting to call up every attorney in the phone book to haggle about price. But consider this: anyone who offers you a fixed quote over the phone is most likely not giving your financial situation the proper review it deserves. What specific service are they even offering? Jumping to conclusions can be extremely costly. Like with other important process, there’s an order to things – you don’t build a home before you check the foundation, and the same is true with bankruptcy. 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
via Michael Anderson http://www.ascentlawfirm.com/bankruptcy-and-your-second-mortgage/ The act of operating a motor vehicle after having consumed alcohol (ethanol) or other drugs (including over the counter medications), to the degree that mental and motor skills are impaired is called a DUI or driving under the influence. Whether your case is a felony or a misdemeanor will depend on several factors. You need to speak with a DUI lawyer about your case as soon as possible. Don’t wait. Know Your Rights:
Is a DUI a Misdemeanor or a Felony?
These penalties can seen over the top, but from the perspective of protecting the public, the Utah State Congress has enacted these lawyer. At Ascent Law, our job as a DUI Lawyer Salt Lake City is to protect you and your rights. Utah man accused of DUI-related death will stand trialAfter an alleged domestic confrontation, a Utah man drove away from the situation. Allegedly, he sped up to nearly 60 mph as he approached an intersection. Police say that when he sped through the intersection against a red light, he hit another vehicle, which began a chain reaction accident that ultimately involved nine vehicles. That alleged DUI accident led the death of a 43-year-old mother and the critical injury of her 16-year-old daughter. Seven others in the other vehicles suffered minor injuries. When police interviewed the man at the hospital, they smelled what was believed to be alcohol on his person and noted he had bloodshot eyes. At the scene, officers reportedly observed that he was slurring his speech. No further information regarding his claimed intoxication was provided. The allegedly drunk driver faces a litany of charges relating to the accident. In an unusual move, Utah prosecutors decided to charge the man with felony murder in the first-degree. Ordinarily, an individual in his situation would be charged with vehicular homicide in either the third or second-degree. Additional charges include one felony count of DUI, seven misdemeanor counts of DUI and two counts of aggravated assault. One of two domestic violence charges was dropped. The potential penalties associated with these DUI-related charges are significant. Under our system of law, however, he is presumed innocent until and unless proved guilty in a court of law. His criminal defense team will review all of the evidence the prosecution intends to present to the court. From this information, an independent investigation into the circumstances surrounding the day’s events can be conducted, which should reveal the best course of action in moving forward with his defense. Free Consultation with a DUI LawyerWhen you need help with a felony or misdemeanor DUI in Utah, 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 Michael Anderson http://www.ascentlawfirm.com/misdemeanor-dui/ This article explains exactly why you need an estate attorney. You really need to prepare, even if you just have a will. Don’t wait. Don’t think your “verbal agreement” will work – it won’t. What Happens if I Don’t Have a Will?Dying intestate, or without a will, or with no estate planning is very common in Utah. If you die without a will, your property will go through probate and is then distributed according to Utah’s intestacy laws. Your immediate next of kin, whoever they are, will likely inherit your property first: lock, stock, and barrel. If you die intestate, everything goes to your next of kin. Your next of kin are the people who have the closest relation to you. If you’re married, then that’s your spouse. If you’re not married, your closest blood relations or equivalent, will inherit your property. Utah Intestacy LawThat son- or daughter-in-law you don’t like will get your property before that niece or nephew you do like. Marital property owned by your children is governed by the laws of the states they live in, not you. If they live in a communal property state, an inheritance is separate property so long as it is not commingled. While the laws are different in every state, property acquired by gift or inheritance during marriage by either spouse is separate property, but it is very easy to commingle and then become part of the community and subject to a 50/50 division. Your heirs could be hit with inheritance taxes (that could have been avoided). The relatives who inherit from you may be subject to a large inheritance tax (both on the federal and state level), depending on the size of the estate and the state where the assets in question are held. While this won’t wipe out their inheritance completely, proper estate planning could have made this a non-issue. For example, a Salt Lake City estate lawyer could have helped you create a trust that would have minimized your loved ones’ exposure to taxes. A little bit of money up for grabs has a very cooling effect on interfamilial relationships. In a perfect world, family members would all get along, never be jealous, and always do right by each other. This isn’t a perfect world. Intestacy laws don’t take into account the relationships the deceased had with anyone or what the deceased orally promised to someone. Even if widowed Uncle Bob told you he wanted you to have his ’65 Thunderbird, without a will, the car is going to his son…who doesn’t even have a driver’s license. If you wish to dispute an intestacy inheritance, contact a Salt Lake City estate planning lawyer for assistance. They can counsel you on your rights and what course of action you can take, if any, to prove a valid claim to the estate. Free Consultation with an Estate AttorneyIf 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 Michael Anderson http://www.ascentlawfirm.com/estate-attorney/ Has something been keeping you awake. Have you been worried that some negative action will occur like a lawsuit, repossession, foreclosure, or other harassing debt collection? If you’re worried that your care will be repossessed or that your home will be facing foreclosure auction in a coming day, then you need to review your options right away by calling a bankruptcy lawyer. Our team is standing by to take your call and looking forward to the opportunity to review your case with you about filing bankruptcy and whether it is the option that will provide you the protection you need. Bankruptcy Attorney in UtahIf you are considering filing bankruptcy, yet you have not had the time to contact a bankruptcy lawyer because you work long hours, or even work nights or overtime. Our bankruptcy consultants are available on weekends, and in evenings and we even pick up the phone in the middle of the night. Clients are always surprised when they call us in the middle of the night to have someone actually pick up the phone. They approach us in their position of need and we take their situation very seriously. We can help you get the answers and attorney advice from an attorney that you need in order to review your situation and find out your best options. If you have found yourself potentially facing a devastating financial situation, you could find that bankruptcy is a good option for you. In order to find out, you can contact our bankruptcy team by calling (801) 676-5506 to receive a consultation for bankruptcy. Are you ready to get started? then call our bankruptcy office to get your own fast, courteous, and effective case review. We work in specifically in your local and you will be dealing with a local bankruptcy lawyer who is trained to help you in an efficient and effective way. Contact the team today to get your confidential case review. Curious about how bankruptcy works and if it may be right for you?Your first step is to set up a consultation with an experienced bankruptcy lawyer. The initial bankruptcy consultation is a first meeting, usually lasting between 30-60 minutes, in which your bankruptcy attorney gets a feel for the financial issues you are confronting and how best to address them. A good bankruptcy attorney will not try to “steer” you in the direction of bankruptcy, and the meeting may very well end with your attorney recommending that you hold off filing or that you completely forego the bankruptcy process altogether. Any good consultation will focus on your assets and how best to protect them as well the dischargeability of your debts. Ascent Law Bankruptcy ProcessThe process is not uniform. Some offices will provide a questionnaire and list of required paperwork prior to the consultation; others will hand it out when you arrive. In either event, be prepared for some document collection as consumer bankruptcy post-United States Bankruptcy Code changes has become quite detailed in its production requirements. Question: What type of bankruptcy would I file that will enable me to keep my vehicle? You can keep it with either 7 or 13 but you have to have an attorney work out the deal and paper work for you. The good news is that credit card debt is classified as unsecured debt, generally the easiest to wipe out in a bankruptcy filing. Credit card debt is a common problem we see here on a daily basis, and a Chapter 7 case can provide a nice solution. Often, People try to pay their debts and want to pay their debts. Whether bankruptcy is the right option for you ,be sue to talk with us about the interest rate you currently pay on your credit cards and other debt. It’s possible you’ll never be able to get out of debt in your lifetime without filing for bankruptcy. Free Consultation with a 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
What is a Chapter 7 Bankruptcy? Dirty Utah Custody Case Tricks to Watch Out For Bankruptcy Lawyer Salt Lake City via Michael Anderson http://www.ascentlawfirm.com/bankruptcy-free-consultation/ At Ascent Law, LLC, we want to provide you with some things you need to know about a Utah Annulment (sometimes called annulment of marriage) is not the same thing as divorce (sometimes called dissolution of marriage, divorce, etc). In a dissolution, the marriage is ended by agreement, but as far as the law is concerned, the parties had a legal marriage, it is just over now. In Annulment, the marriage is voided, erased. Legally, the law has erased the marriage. Unlike divorce, where the parties must agree on everything and file together, an Annulment can either be agreed OR contested. That means that the parties can either file together, or one person can file for annulment on his or her own. Just like in divorce, there must be grounds for annulment in order for an Utah court to grant the annulment. The grounds for divorce in Utah are NOT the same as the grounds for Annulment. The most notable difference in the grounds is that in Annulment, the parties cannot simply agree that they are incompatible. There has to be some defect in the marriage that is serious enough that the law will allow the marriage to be erased instead of simply ended. Even if grounds for annulment exist in your case, it doesn’t automatically mean you can file for annulment. Usually, it has to be the “aggrieved party”, meaning the person who was wronged, who files for the annulment. To learn more about who is the aggrieved party, read over the Utah Code or call our office to talk. In addition, there are time limits for annulment. In many cases, the person who was wronged must file within two years, but there are different time limits for different grounds for annulment. Attorney for Annulment in UtahUtah has a separate statute dealing with changing names after an annulment. In annulment cases, the court may, if it wants to, change the name of a person back to what it was before the parties married, even if neither of the parties requests the name change. This differs from the Utah divorce statute about changing the party’s name, which requires the consent of the parties to change a party’s name. This may be especially important in a case where the husband is the aggrieved party and he wants to have the court “take his name back” from the wife. Utah law allows people to get restraining orders against the other person while an annulment case is pending, in order to prevent the other spouse from harassing or harming themselves or their children. The restraining orders can also prevent people from leaving the state with a child, selling or hiding assets, etc. Even though the court may ultimately find the marriage to be invalid, the court may (but is not required to) make “temporary orders” of support while the annulment is pending. The court can also make orders regarding temporary custody while the case is pending. Temporary orders might be issued in a contested annulment case, but are almost never ordered in annulments that are filed jointly. This is probably because when the parties jointly file the annulment papers, they want the marriage to be over as soon as possible, and the case will not be open long enough for temporary orders to be needed. Annulment in Utah may undo the marriage, but it does NOT undo the legitimacy of any children that were born during the marriage. The children still have the presumption of paternity that is afforded to children born during a marriage. A court cannot award BOTH an annulment and a divorce (or legal separation, dissolution, etc.) If one party files for annulment and the other party counterclaims for divorce or legal separation, that does not mean that annulment is now off the table. The court must decide if there are grounds for an annulment. Even if there are grounds for annulment, some of the grounds for annulment are also grounds for divorce. The best policy is for the court to allow the aggrieved party their choice of remedy, assuming that party has met his or her burden of proof. In annulment, unlike divorce or dissolution (and sometimes legal separation), there is no property division, and no spousal support after the marriage is annulled. Free Initial Consultation with an Annulment LawyerWhen you need an Annulment in Utah, 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
Dirty Utah Custody Case Tricks to Watch Out For Enforcing Grandparent Visitation with Contempt of Court Marriage Annulment in Salt Lake City Qualification for Annulment in Utah via Michael Anderson http://www.ascentlawfirm.com/annulment-in-west-jordan-utah/ |
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