When you’re thinking about filing taxes after a divorce, you may want to know how your taxes will change. The federal tax impacts of divorce aren’t as large as they used to be. Each state has its own state income tax laws. How divorce-related payments and income are treated differs from state to state. Refer to your state’s taxation authority to see how your state’s tax laws will impact you. Here are the major federal taxation areas related to divorce. How The IRS Defines Alimony PaymentsTo qualify as alimony or separate maintenance, the payments you make to your former spouse must meet all six of these criteria: When the IRS defines alimony, it also specifically excludes certain payments as not qualifying for alimony or separate maintenance treatment. These include: If a person paying alimony must also pay child support, but they do not fully complete the payment for both, payments would go toward child support first for tax purposes. If you live in one of the states listed below, consider any property or income held by you and your spouse as community property. Payments that represent your spouse’s portion of community property income are not considered alimony. Is Spousal Support You Receive Taxable?If you receive spousal support, you must report the payments as income and pay taxes on the money. Spouses need to plan for the potential tax impact of the income. Unlike an employer, your former spouse won’t withhold any taxes from your support check. If you’re staying at home to care for young children and have no other source of income, paying estimated tax each quarter (to both the IRS and your state) may be a good way to avoid taking a tax hit at the end of the year. If you have a paying job, then increasing withholding from your paycheck is another way to offset the potential impact of support payments. You may need to spend some time looking at different payment scenarios and how they play out tax-wise by calculating what your tax liability would be if you received a certain amount of support and what benefit your spouse would receive from the tax deduction. You can check your potential tax liability on the IRS website at www.irs.gov, where tax tables are available. Or you can ask a tax professional to help you look at the tax impact of different amounts of support so that you can figure out the optimal amount—that is, the amount that puts the most money in each person’s pocket after taxes. The IRS offers many publications that may help you as you negotiate support. There’s a chapter specifically on alimony, and IRS Publication 505, Tax Withholding and Estimated Taxes, is one, and IRS Publication 504, Divorced or Separated Individuals, is another. The IRS treats payments made to third parties on your behalf as though you received them—you have to include them in your taxable income. So, for example, if your former spouse pays the mortgage directly (and this is provided for in your marital settlement agreement or court order), you must report that amount as income. Spouses can split the difference between the new tax changes, and a paying spouse can argue that paying less spousal support is fair to both spouses. Where To Report Alimony On Your Tax ReturnIf you have a divorce agreement finalized before January 1, 2021, reporting alimony paid and received on your tax return is easy. You simply input alimony paid or received on Form 1040, Schedule 1. If you’re the person receiving alimony payments: You will enter the amount on line 2a. On line 2b, you must input the date of the original divorce or separation agreement. You’re also required to give your Social Security number to the alimony payer, or you may face a $50 penalty. If you’re the person making alimony payments: You’ll enter the amount paid on line 18a. Alimony payers are also required to input the recipient’s Social Security number on line 18b, and the date of the original divorce or separation agreement on line 18c. If you do not include the recipient’s Social Security number, you may be subject to a $50 penalty. People with divorce agreements dated January 1, 2021 or after do not have to include information about alimony payments on their federal income tax returns. If you’re required to report alimony income on your tax return and you forget to include this information, you’ll be subject to the usual penalties and interest payments for underreporting your tax. Claiming DependentsClaiming a dependent on your tax return depends on many factors. The custodial parent will generally claim the dependent, but the custodial parent for tax purposes might not be the same person who has legal custody. The custodial parent for IRS purposes is the parent whose house the child sleeps at the most number of nights during a year. In certain cases, the non-custodial parent may claim the dependent if they meet the following four requirements: The custodial parent signs Form 8332 declaring that they won’t claim the child as a dependent for the year and the non-custodial parent attaches the written declaration to their return for divorces occurring after 1984 THE RULES OF ALIMONY AND TAXESUntil recently, the IRS allowed paying spouses to deduct alimony payments and required recipients to report it as income. However, the rules have changed for any divorce finalized on or after January 1, 2019. The Date of Divorce MattersIf you finalized your divorce before January 1, 2019, the spouse paying support may report the payments as a tax deduction, and the recipient must report and pay taxes on the alimony as income (unless your support agreement or order says otherwise). For couples whose divorce was pending on or after January 1, 2019, the Internal Revenue Service (IRS) no longer treats spousal support payments as income to the spouse who receives it, nor does it allow the paying spouse to take a tax deduction for the amount of alimony paid each year. Reporting Income and Submitting Tax Deductions for Spousal Support Orders Created Before January 1, 2019 Example. If the higher earner has a taxable income of $200,000 a year and pays the other spouse alimony of $80,000 a year, the higher earner will owe income tax on $120,000, not $200,000. The recipient might pay taxes of $16,000 on the $80,000. The payor saves more than that. The payor, who would have paid about $50,000 on $200,000 of income, now pays only about $24,000 on annual income of $120,000. Between the two, they are paying a total of $40,000, or $10,000 less, than the higher earner would have paid before deducting the alimony payments. Most people want to make alimony tax-deductible. You do, however, have a choice, and for some couples, the tax consequences are more favorable if they make payments nondeductible and nontaxable because of the tax consequences. A tax expert can tell you which course is right for you. Making Sure Payments Are Tax-DeductibleHowever, not all alimony payments qualify as deductions. The IRS imposes seven requirements on taxpayers seeking to deduct alimony payments: Make payments in cash or by check. You must pay alimony by cash or check for the benefit of a spouse or former spouse. The value of in-kind alimony—for example, giving your spouse your car—isn’t deductible. Follow the documents and designate payments as tax-deductible. Make payments in accordance with a divorce document, such as a marital settlement agreement, separation agreement, court order, or divorce judgment. Payments made under a temporary support order also qualify. (Section 71 of the Internal Revenue Code.) Just make sure your documents state the amount to be paid and describe it as alimony, spousal support, or spousal maintenance. The documents should also clearly label the payments as deductible by the payor spouse and taxable to the recipient spouse. Don’t characterize payments as child support or a part of a property settlement. Child support payments, unlike alimony, are never tax-deductible. So be sure that alimony payments are not tied in any way to support of your children. For example, if you agree that alimony will end when your child becomes an adult, you run the risk that the IRS will reclassify past alimony as nondeductible child support. The IRS would disallow your past alimony deductions, and you would owe back taxes. Similarly, if the IRS views your payment as part of your division of marital property, it’s not tax-deductible. Specify that payments end at the recipient’s death. The marital settlement agreement or judgment must provide that alimony payments terminate when the recipient dies. (The document can also ensure that the alimony obligation ends when the payor dies.) Most payors also have the right to terminate alimony if the recipient remarries. Live apart. If you are still living with your spouse or former spouse, alimony payments are not tax-deductible. You must make payments after physical separation for them to qualify as tax-deductible. Don’t file a joint tax return. If you and your spouse file a joint income tax return, you can’t deduct alimony payments. Don’t pay extra upfront. Make sure to follow IRS rules against front-loading—the advance payment of alimony that’s due later. Alimony should not be excessively high or front-loaded in the first three post-separation years. Excessive payments are subject to recapture or being taxed to the payor in the third post-separation year. The Tax Cuts and Jobs Act Impact on Spousal Support Orders on or After January 1, 2021. Regardless of when you filed for divorce if a judge finalized it on or after January 1, 2021, the Tax Cuts and Jobs Act (TCJA) will impact your spousal support orders. The TCJA ended the tax deduction benefit and reporting requirements for support until at least 2025 (or, after 2025 until Congress changes the law.) The IRS now treats all alimony payments the same as child support—meaning, there’s no deduction or credit for the paying spouse and no income reporting requirement for the recipient. Divorce is an adversarial process already, and the new tax changes are likely to cause more issues moving forward. In the past, paying spouses were less likely to fight over spousal support payments because that spouse would receive a credit for any money paid to the recipient, and the recipient would pay taxes on the income. Now, however, paying spouses often feel as though the new law rewards the recipient spouse with a financial windfall—large, monthly payments that don’t count as income. For example, if a paying spouse earns $60,000 per year and the recipient earns $40,000 per year, the court may order spousal support payments to balance out each spouse’s finances. If the paying spouse sends the recipient a total of $10,000 per year in alimony, the result is that both spouses receive a total of $50,000 per year. In the past, the paying spouse would ask the IRS for a tax deduction for the $10,000 paid while the recipient would report and pay taxes on the income. Under the new Utah tax law, the paying spouse is still responsible for paying taxes on the full $60,000 (even though that spouse is keeping only $50,000), and the recipient only pays taxes on the $40,000 earned (despite receiving an additional $10,000 in income.) As a result of the new tax law, paying spouses will likely negotiate to pay less in spousal support to make up for the loss of the tax deduction and “windfall” for the recipient not reporting the income. If you’re going through a divorce and alimony is an issue, it’s important to speak with an experienced family law or tax law attorney before you settle or ask the court to decide the alimony issue for you. Paying spouses must evaluate the impact of paying spousal support on their annual income and how the payments will impact the recipient. Is Alimony Always Tax Deductible to the Paying Spouse?When you’re negotiating with your spouse or arguing in court about the level, type, and duration of spousal support (also called “alimony” or “spousal maintenance”), tax issues should never be far from your mind. One of the most frequent questions during divorce negotiations is, “do you pay taxes on alimony?” This article explains the basic rules and significant concerns for each spouse—but you may need some assistance in making decisions about support, as discussed below. Alimony Tax Rules for Divorces Before 2021.The old tax rules still apply if your divorce agreement was executed or your divorce decree was issued in 2018 or earlier. Alimony is still considered taxable income for the recipient, and it’s still tax deductible for the payer under the same rules. Payers must still meet certain requirements for these payments to qualify as deductible alimony. The new rules also apply if a decree or agreement is modified after Dec. 31, 2018, and the modification states that the repeal of the alimony deduction applies to the modification. Reporting Alimony You’ve Received as IncomeEnter the full amount of any alimony you received on line 2a of the 2021 Schedule 1 with your 2021 Form 1040 to report alimony you received as income if you were divorced within the time frame when you must do so. Alimony includes what is sometimes called “separate maintenance”—income received if you were legally separated but not yet technically divorced. It does not include: Child support is considered a non-taxable event. It’s not reported on your federal tax return, and the parent paying it can’t claim it as a tax deduction. 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
The post Are Alimony Payment I Receive Taxable Income? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Does Single Parenthood Increase The Probability Of Teenage Promiscuity, Drug Use, And Crime? Does The Unilateral Divorce Laws Cause Child Weight Gain? Filing An Emergency Bankruptcy Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/are-alimony-payment-i-receive-taxable-income/
0 Comments
Sometimes you need to stop a creditor’s action fast. Filing for bankruptcy can help. When you open a case, the court puts an automatic stay in place that prohibits most creditors from continuing collection actions against you (exceptions exist). But, completing all the bankruptcy forms isn’t a quick process. If time is running short, you can use a fast online bankruptcy filing process known as an emergency bankruptcy filing (or skeleton filing), get the automatic stay in place, and submit the remaining documents later. Filing Emergency Bankruptcy Forms OnlineThe average bankruptcy petition can easily consist of upwards of fifty pages once completed. But when you’re facing a foreclosure auction, repossession, wage garnishment, collection lawsuit, or another time-sensitive situation, getting all of the paperwork done might not be feasible. You have another option.When you need to file a quick bankruptcy, you can get your bankruptcy forms filed online fast. Plus, you can access online filing at any time of the day, any day of the week, and start the online filing process by uploading only a small percentage of the required forms: Finalizing a Skeleton Bankruptcy FilingIf you don’t file the additional documents within 14 days, your skeleton bankruptcy case will be dismissed. Also, be aware that some courts require other forms. You’ll find the requirements in the local rules posted on your court’s website. Steps in an Emergency Bankruptcy FilingFor an emergency filing, you’ll want to follow these steps: Emergency Circumstances in BankruptcyIt is rarely a good idea to file an emergency bankruptcy if you can avoid it. Bankruptcies are paper-intensive, and bankruptcy law requires you to fully, accurately, and honestly disclose all of your assets, debts, income, expense, and various financial information. Filing a petition also triggers deadlines you’ll be required to meet. If you file a bankruptcy too hastily, you might make mistakes that could cause you difficulty later, including the dismissal of your case or a denial of your bankruptcy discharge. There are even criminal penalties if the court finds you were intentionally evasive or less-than-truthful in your statements and paperwork. However, you might not be able to avoid filing an emergency bankruptcy petition. An emergency petition can help prevent the following: When you file for bankruptcy, the court puts in place the “automatic stay.” The automatic stay is an order that prevents most creditors from moving forward with collection actions against you. Keep in mind that the stay will be temporary when it comes to foreclosure, repossession, and evictions in Chapter 7. A Chapter 7 bankruptcy doesn’t have a mechanism to fix those problems. In Chapter 13, you can catch up on delinquent mortgage and car payments if you can afford it. You might be able to fix an eviction if you can bring your payments current in a reasonable period (which is shorter than most people need). Filing Requirements for an Emergency PetitionAn average bankruptcy filing can contain 50 or more pages of documents that list all of your assets, debts, income, expenses, and detailed statements concerning your financial history. Sometimes you don’t have the time to complete all of the necessary paperwork. Here is a basic breakdown of the minimum that you must complete, sign, and file to start your bankruptcy case. Minimum FormsThe following documents are the minimum that you must file to start your Chapter 7 case (often called the skeleton petition): Notifying Creditors about the Emergency BankruptcyYou likely need to stop a collection proceeding if you’re using this process. You can’t depend on the court to alert your creditors. Why? It the court clerk about a week to send out a notice of bankruptcy. Here’s what you do: You or your attorney should immediately send notice of your bankruptcy filing directly to the creditor if you need to stop a foreclosure, repossession, wage garnishment, lawsuit proceeding, or some other action. Be sure to include the court in which you filed, your case number, and the filing date. When Can an Emergency Bankruptcy Filing Be Used?There are certain scenarios in which filing for an emergency bankruptcy may be necessary. Examples of these are when an automatic stay is required immediately to help prevent the following collection actions from occurring, such as: Although it is not necessary to point to a specific emergency, it does help to prove that there is a real case and that the debtor genuinely needs relief from debt and is not simply abusing the court’s powers. In general, bare bones bankruptcy cases typically involve filing the following items: A debtor must still comply with the remaining requirements found in all bankruptcy cases, but a skeleton filing will buy them some time and keep creditors at bay while they are compiling the rest of the documents. Benefits and Limitations of Emergency BanBefore filing a petition for an emergency bankruptcy, a debtor should be aware of the benefits and limitations involved in the process. Some benefits of filing for emergency bankruptcy may include the following: Do I Need to Hire a Lawyer for Help Filing for Emergency Bankruptcy?Handling a bankruptcy matter without the assistance of a legal expert can be very stressful. These types of cases require strict attention to detail, thorough knowledge of the law, and proper compliance with necessary procedures. For many, bankruptcy cases can also be unsettling due to the subject matter involved, namely, your finances. Therefore, if you need to file for emergency bankruptcy, it may be in your best interest to contact a local bankruptcy lawyer as soon as possible. An experienced financial lawyer will already be familiar with the relevant bankruptcy laws and legal processes, will be able to determine whether or not you are eligible to file for emergency bankruptcy, and can relieve some of the stress that filing for bankruptcy may cause. In addition, your lawyer can assist you with any supplemental bankruptcy filings, inform you about the risks and benefits of filing for bankruptcy in general, and provide representation in court during your bankruptcy proceedings. What Is a Bankruptcy Lawyer?A bankruptcy lawyer specializes in giving legal advice to a client about bankruptcy, prepares legal documents for the client and represents the client in court. An attorney must hold a law degree and be licensed in the state where they do business. As your guide through the bankruptcy process, a lawyer can advise you about matters such as: Overall, a bankruptcy lawyer can steer you in the right legal direction. If you handle a bankruptcy case without a lawyer, you may make legal mistakes that carry long-term financial consequences. What To Expect From a Bankruptcy LawyerIf you hire a bankruptcy lawyer, here’s what to expect: 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
The post Filing An Emergency Bankruptcy first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Does High Unemployment Rate Result In A High Divorce Rate? Does Single Parenthood Increase The Probability Of Teenage Promiscuity, Drug Use, And Crime? Does The Unilateral Divorce Laws Cause Child Weight Gain? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/filing-an-emergency-bankruptcy/ Divorce is painful in all its forms, but unilateral divorce can be especially difficult. Unilateral divorce means one spouse decides to terminate the marriage without the consent of the other. This is possible whether a spouse files a no-fault divorce—meaning neither party is responsible for the marriage coming to an end or an at-fault divorce that assigns blame, such as adultery or abuse. No-fault divorce, which is usually attributed to irreconcilable differences, is available to spouses who file either a unilateral divorce (without the spouse’s consent) or a consensual divorce (with the spouse’s consent). How to ReactIf your spouse or your spouse’s lawyer presents you with divorce papers unexpectedly, you may feel shocked, angry, and betrayed. However, it’s important to stay calm as the divorce proceedings begin. • Don’t play the blame game in either direction. The natural response once the divorce papers enter your hands is to point the finger at your spouse or beat yourself up about what you did wrong. But it’s important to forgive in both directions as you begin this difficult process. This is likely to make it easier to face your spouse throughout the process. If you are the one served with divorce papers, you take on the role of respondent. You are required to give an “answer” to the divorce petition with the option of also submitting a “counterclaim” stating your own request for a divorce on whatever grounds you deem appropriate. The court typically allows 20 to 30 days for you to respond with your answer and counterclaim. Known as the protected period, this is the time to contact Ascent Law Firm lawyer and discuss what you want to do next. If the protected period runs out, the court can move forward with or without you. You may not even receive notification of the hearing date and could forfeit a lot of your rights in the case. While it’s possible to file an answer after the protected period expires, it’s best not to wait if you want to make sure you’re notified of all the proceedings in the case so you can present your side to the court. Determine Your Next StepsWith the help of Ascent Law Firm lawyer, you can feel confident about how to proceed. In general, here is what’s required: What You Need to Know Before Getting a DivorceIn some circumstances, getting divorced can be relatively easy, particularly if the spouses don’t have many assets and don’t have children. But divorce always involves lots of rules and paperwork, and often much emotion and negotiation. Whether you and your spouse agree about how to divide your assets and share parenting responsibilities or are completely at ends on all issues, you’ll need to know these basics to get your divorce started right. Divorce RequirementsEvery state requires couples to meet some requirements before a court can grant a petition (request) for divorce. Residency RulesAs long as you follow the state’s marriage license rules, you can get married in any state—even if you don’t live there. The requirements for ending a marriage, though, are not as relaxed. Instead, you must meet a state’s residency requirements before you can file for divorce in its courts. Most states require the filing spouse to live in the state for at least three months before filing a divorce petition. Some states, though, require only that the filing spouse lives in the state at the time of filing and plans to remain in the state for a certain amount of time. Before you file for divorce, check the laws of the state where you plan to file to make sure you meet any residency requirements. Waiting PeriodsYour state might not allow a judge to finalize your divorce until a certain period of time (a “waiting period”) has passed. You’ll want to find out if your state has a required waiting period before you file so that you’ll have an accurate estimate of how long it will take for the court to finalize your divorce. Separation RequirementsSome courts require married couples to live “separate and apart” either before they can file for divorce or before the judge can finalize the divorce. Most states, though (especially no-fault divorce states), don’t require spouses to separate. It’s best to find out about any separation requirements as soon as possible—if you don’t meet your state’s separation requirement, a court might reject your divorce petition or put your case on hold. Grounds for DivorceDivorce laws vary from state to state. But one rule in all states is that you must provide the court in your petition with a reason (“grounds”) for why you want a divorce. Grounds for divorce fall into two categories: “no-fault” and “fault-based.” No-Fault DivorceEvery state gives divorcing couples the option of filing a “no-fault” divorce. (In some states, a no-fault divorce is the only option.) In a no-fault divorce, neither spouse has to prove that the actions of the other caused the end of the marriage. Rather, only one spouse must claim that the marriage is over and there’s no chance of reconciliation. In many states, the reason given for a no-fault marriage is that the couple has “irreconcilable differences” or that there’s been an “irretrievable breakdown of the marriage.” Most couples choose to pursue a no-fault divorce. No-fault divorces are less complicated and less contentious than fault-based divorces: Because you don’t have to prove your spouse did something wrong, there’s typically less anxiety and tension during the divorce process. Not having to accuse your spouse of wrongdoing is especially helpful when you have children who might be affected by the proceedings. Also, when you don’t have to fight about fault, the divorce might move more quickly. And, less arguing almost always means lower legal fees. Fault-Based DivorceIf you file for a fault-based divorce, you must prove that your spouse did something that caused the marriage to end. Grounds for fault-based divorce often include adultery, extreme cruelty (physical or mental), and desertion. Because fault-based divorces can be so contentious (and expensive), most divorcing couples will opt for a no-fault divorce. However, if your state considers fault when dividing marital property or assessing the need for alimony, filing a fault-based divorce might be a good option. If you think you might file a fault-based divorce (or if your spouse has filed one already), consider consulting with an attorney—pursuing a fault-based divorce can be a lot more complicated (and more difficult to win) than a no-fault divorce. The Issues in a DivorceBefore a divorce is finalized, a number of issues regarding the marriage must be decided. The couple can negotiate and reach agreement on their own, or a judge can decide the issues and order a resolution in the final divorce decree. Dividing PropertyIn most divorces, couples will have to divide property and debts. The general rule is that family courts divide a couple’s marital property—property they acquired and debts they incurred during the marriage. How a court divides marital property depends on whether you live in an “equitable distribution” state or a “community property” state. Equitable DivisionMost states follow the principle of equitable distribution. This means that the court will divide the marital property between you and your spouse based on the facts of your case. Whatever the judge feels is fair in your particular set of circumstances will determine how the judge distributes the property. Equitable distribution doesn’t guarantee that each spouse will get an equal amount. Community PropertyIn a community property state, the court will divide all marital assets—called “community property” equally between the spouses, unless there’s some reason to divide the property in another way. Community property usually includes: In both equitable distribution states and community property states, some assets are considered the “separate property” of one of the spouses. Separate property usually includes any assets owned before the marriage, as well as some types of property acquired during the marriage, such as gifts and inheritances. If an item is your separate property, you will be able to keep it after the divorce. Separate property can be turned into community property, though. If you “commingle” (mix) separate property with community property during the marriage, the separate property will probably lose its protected status, and will divided as community property during the divorce. To avoid this result, keep your separate property in an individual account and keep records of all transactions involving your separate assets. AlimonyAlimony (also known as “spousal support” and “maintenance”) is a one-time or repeating payment made by one spouse to the other after the divorce. After considering factors such as the spouses’ income and earning capacity, most courts award alimony for a limited duration. For example, one type of limited spousal support is called “rehabilitative” alimony. Judges will award rehabilitative alimony for a period of time they believe will allow a spouse to become self-sufficient. The award might last as long as it takes for the supported spouse to find work or learn skills that will allow the individual to be more employable. Another type of short-term spousal support is “reimbursement” alimony, often awarded in short marriages where one spouse contributed to the other’s pursuit of a college or graduate school degree. The theory is that contributing spouses deserve to be repaid for the sacrifices they made to further the other spouse’s education or career. When divorcing spouses have been married for a long time—anywhere from 10 to 20 or more years, depending on your state—a court might award the supported spouse “permanent” or “lifetime” alimony. This type of award is made in extreme cases where it’s likely that one of the spouses will never be able to be financially independent from the other. Child Custody and Parenting Time (Visitation)In deciding child custody and parenting time issues, judges evaluate what is in the “best interests of the child.” As long as it’s in the child’s best interests, most courts craft child custody orders to ensure that both parents remain actively involved in the child’s life. In an ideal situation, a judge will award “joint legal custody” to the parents. This means that both parents have a say in important decisions about topics such as education, religious upbringing, and non-emergency medical treatment. If joint legal custody is not in the child’s best interests, though, the judge might award “sole legal custody” to only one parent. Joint legal custody doesn’t necessarily mean that the parents will have “joint physical custody.” For any number of reasons, joint physical custody might not be possible. In that case, the judge will award physical custody to one parent (“sole physical custody”), but normally provide the other parent with a parenting time (“visitation”) schedule. Child SupportBoth parents are responsible for financially supporting their children. All states use child support guidelines to calculate how much money a parent must contribute. Most states’ guidelines specify that each parent’s income and the amount of time the parent spends with the child must be considered in the support calculations. The amount of child support awarded can also be affected by other related factors, such as a child’s medical needs (like health insurance and medical bills not covered by insurance) and the costs of extracurricular activities. Can You Get a Divorce Without Going to Court?Your divorce is not final until a judge signs a written judgment of divorce (“divorce decree”). Even though a judge must issue the final divorce decree, there’s no requirement that you fight out (“litigate”) your issues in court. Here are some possible alternatives. Uncontested DivorceWhen a divorcing couple can work together and reach agreement on all the issues in their divorce, they might be able to file an uncontested divorce. Uncontested divorces are simpler, faster ways to end your marriage than battling it out in court. Every state has its own procedures for how to file an uncontested divorce. In addition to being less contentious and faster, uncontested divorces are often far less expensive than litigated ones. Rather than hire a lawyer, many spouses choose to DIY their uncontested divorce or use an online service to assist them. Divorce MediationIn a mediated divorce, a neutral third party (called a “mediator”) helps both spouses work together to reach an agreement about the issues in their divorce. Mediators never make decisions for the couple; rather, they might suggest possible resolutions. If mediation is successful, the spouses and the mediator can write up a marital settlement agreement to present to a judge. If the judge approves the settlement agreement, the judge will incorporate it into a final divorce decree. Mediation has many advantages over litigation: it’s often much faster, less expensive, and it helps foster future communication between the spouses. For many, it’s also much more convenient and allows the spouses to have greater control over the timing of the divorce. Many mediators and services even offer spouses the option to conduct their divorce mediation online. Mediation is an excellent option for spouses who are willing to work together to reach a compromise and who can negotiate honestly and on a level playing field. Mediation is not a good option when there is current or threatened domestic violence or when one spouse is unwilling to cooperate. Hire an Experienced Divorce Lawyer in UtahAt Ascent Law Firm, we are here to answer any questions you may have about how to handle or execute the process of divorce. We understand it is a complicated, unfamiliar process and want you to feel confident that your legal team has your best interests at heart. Contact us now to schedule a divorce consultation in Utah. 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
The post Does The Unilateral Divorce Laws Cause Child Weight Gain? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Does Divorce Cause Low Self Esteem In Children? Does High Unemployment Rate Result In A High Divorce Rate? Does Single Parenthood Increase The Probability Of Teenage Promiscuity, Drug Use, And Crime? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/does-the-unilateral-divorce-laws-cause-child-weight-gain/ Does Single Parenthood Increase The Probability Of Teenage Promiscuity Drug Use And Crime?10/19/2022 Single parenting refers to a parent who brings up children without the assistance of a partner. There are varying reasons why a single parent may bring up a child alone without help from a partner. It could be that they were in a relationship that ended. Other parents may opt to become single parents, and in other cases, a partner may have passed away. All parents want to see their children succeed in school and life. However, despite the desire to be there for their kids and support their academic efforts, single parents can find it hard to achieve this desire fully. Children from a single-parent family are less likely to finish school compared to children with two parents. Developmental ProblemsMany developmental problems for children of single parents revolve around their progress in school. They tend to get lower grades, and their dropout rate is higher than their counterparts from two-parent families. Single parents are more likely to work more hours to make ends meet. They often don’t have enough time to assist the child with their schoolwork. Children who have to work to help pay expenses have less time to focus on their schoolwork. Economic HardshipsPlentiful economic resources allow parents to meet their children’s economic needs. When there are two parents in the home, they can pool resources and are less likely to struggle with insufficient income. Single-parent families are more likely to experience financial problems because they only have one earner. Single-parent children can feel frightened, stressed, and frustrated by the difference between their lives and their friends’. Psychological EffectsChildren of single parents are more prone to various psychiatric illnesses, alcohol abuse, and suicide attempts than children from homes with two parents. One of the common reasons for single parenting is divorce. It’s not uncommon for children to be exposed and even drawn to the conflicts between the parents during and even after divorce, which may leave children feeling lonely, abandoned, and even guilty. Single parents are more likely to experience disruptions such as moves and remarriage. Major changes can affect the children. Kids do well in a controlled environment. Any emotional turmoil and uncertainty may lead to increased psychological problems. Positive Effects of Single ParentingWhile hearing about the adverse effects of single parenting can be overwhelming, there are several positive effects on kids raised by one parent. Stronger BondsSingle parents spend more quality time with their children. They tend to develop a strong and unique bond with their child that may not have been possible to achieve in a two-parent home setting. Experience Interaction with an Authentic CommunityChildren raised by a single parent often grow up within a community of supporters. Extended family and friends are likely to take part in the lives of the children. In other cases, some single parents choose to participate in various community groups such as churches and support groups that interact with the whole family. Share ResponsibilitiesChildren from a single-parent family are much more likely to be accustomed to handling responsibilities and contributing to family operations. These children understand the value of taking responsibility and many enjoy performing tasks they know are real contributions. MaturitySingle parents have to work harder, and their children have to collaborate with them for the good of the family. The children also learn how to deal with disappointments and turbulent emotions. How To Release Single-Parenting StressRaising kids alone is not easy. You have no one to support or share your dilemmas and concerns. However, with proper planning and the following tips, it’s possible to hack the task: Single Parenting AdvantagesAs you try to find a balance between your work and your children, you may focus on the negative aspects of single parenting. You may not have the privilege of a double income. You may not be able to spend enough quality time with your kids. On the bright side, here are some advantages of being a single parent: Children of a single parent usually get their parent’s undivided attention. As a single parent, your love and attention will be reserved just for your children. 2. Freedom to make decisions If you’re a single parent, you’ll have the freedom to make all the decisions. You may find this a daunting task. But you get to make all the decisions that can affect your children. You get to pick the school your children will go to, what food they eat, and places you visit. You can also decide the dos and don’ts, rules, restrictions, freedoms, and so on. 3. Fewer arguments 4. Good role model 5. Independence and responsibility 6. Sense of belonging 7. Close relationship 8. Positive parenting Tax Breaks for Single ParentsBeing armed with the right knowledge can take some of the stress and guesswork out of filing your taxes as a single parent, and it could save you some money at tax time. Several tax law provisions are designed to give a bit of a financial boost to those raising kids on their own, but you have to know what they are and how they work in order to take advantage of them. Below, we give you more information on the tax breaks that might work for you. File as Head of HouseholdFiling as head of household on your tax return provides two benefits for single parents: You’ll be able to claim a higher standard deduction, and you can earn more than single filers before you move into the next higher tax bracket. The standard deduction for head-of-household filing status is $18,800 for the 2021 tax year and $19,400 for the 2022 tax year. You’ll qualify for head-of-household status if you were unmarried or “considered unmarried” on the last day of the year (Dec. 31), if you paid for more than 50% of your household’s expenses, and if your child lived with you for more than half the year. You’re “considered unmarried” for head of household status if you file a separate return, your spouse didn’t live in your home at any point during the last six months of the tax year, and you can claim the child as a dependent. Child Tax CreditA tax credit is different and more beneficial than a tax deduction. It’s an amount of money subtracted directly from the tax bill you owe the IRS, so this can save you cash out of pocket that can be put toward other things. The child tax credit in particular is a tax break awarded simply for having a child or children. Your child must meet certain requirements set forth by the IRS to qualify for the child tax credit. They must be under the age of 18 on the last day of the year. They must also have lived with you more than half the year, and they can’t have contributed or paid for more than 50% of their own support needs. The child tax credit for tax year 2021 is worth up to $3,600 per child, depending on the child’s age. The income limit for a single parent filing as head of household is $112,500 for tax year 2021. If your income was more than that, the credit is phased out. For the 2021 tax year, half of the child tax credit could be claimed through advance monthly payments of $250 or $300 per month (July through December). If you received those monthly payments, the other half of the credit can be claimed when you file your tax return in 2022. The expanded payment expired on Jan. 7, 2022. If you did not receive any monthly payments in 2021, you may be able to claim the entire credit when you file your return in 2022. You’ll need to reconcile your advance monthly payments with the child tax credit that you can claim on your tax return come tax time. Child and Dependent Care CreditYou might be eligible for the child and dependent care tax credit as well if you paid someone to care for your child while you went to work or looked for work during the tax year. Your child must be under the age of 13 to qualify, or disabled if they’re age 13 or older and physically or mentally incapable of caring for themselves. The person responsible for taking care of your child can’t be their other parent or anyone you can claim as a dependent, either. The credit is a percentage of up to 50% of $8,000 in expenses for one child (so $4,000 total), or 50% of $16,000 for two or more children (so $8,000 total). You can’t claim the credit if your adjusted gross income is $438,000 or more. Earned Income Tax CreditThe earned income tax credit (EITC) is designed to help families with lower incomes. You might be eligible for a tax refund even if you didn’t earn enough to file a tax return if you can claim this credit because it’s a fully refundable tax credit. The EITC is worth different amounts based on the number of qualifying children you have. What Should a Single Mom Claim on Her Form W-4?A single parent can claim each child they care for as a dependent on their form W-4. For example, if a single mom has two children, she may claim two dependents on her W-4. However, it’s entirely up to the parent as to how they want to file their taxes. If a parent lives paycheck to paycheck, they may want to claim as many dependents as possible to maximize their take-home pay throughout the year. On the other hand, if the parent prefers to have a large tax refund, they may claim fewer dependents and decrease their take-home pay. 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
The post Does Single Parenthood Increase The Probability Of Teenage Promiscuity, Drug Use, And Crime? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Divorce Mediation Costs: What You Can Expect To Pay Does Divorce Cause Low Self Esteem In Children? Does High Unemployment Rate Result In A High Divorce Rate? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/does-single-parenthood-increase-the-probability-of-teenage-promiscuity-drug-use-and-crime/ In all divorce cases, couples must provide the court with a legal ground to terminate the marriage. Although there are different ways to apply for a dissolution of marriage (divorce), every case requires the applicant to list a specific reason for the request. Some states allow parties to file for a fault divorce, which is where you claim that your spouse’s behavior during the marriage caused the relationship to fail. Acceptable grounds for fault divorce vary depending on where you live, but the most common include adultery, drug or alcohol abuse, or abandonment. All states permit couples to request a no-fault divorce, meaning that neither spouse is individually responsible for the breakup. Typically, no-fault divorces are based on irreconcilable differences. In these cases, couples need to prove to the court that despite your best efforts, there are too many issues in the relationship for reconciliation to be possible. The most appealing factor of no-fault divorce is that spouses can ask the court to terminate their marriage without the need for finger pointing or mud-slinging. Many states also offer a divorce based on a separation for a specific period of time. Utah and No-Fault DivorceIf you’re not interested in airing your dirty laundry in a public courtroom setting, no-fault divorce is probably the best option for ending your relationship. Utah courts understand that many people, primarily parents, want to preserve what’s left of their bond after a divorce, so it allows couples to pursue a divorce using its no-fault procedures. For divorcing couples to be successful, the parties will need to explain to the court that their marriage has suffered irreconcilable differences. Judges don’t usually make it a habit of questioning the motives behind a no-fault divorce, so if you are willing to testify, under oath, that you and your spouse can’t work things out, a judge will grant your divorce. If you can’t prove irreconcilable differences to the court, you can also apply for a no-fault divorce if you and your spouse have lived separate and apart from each other for a minimum of three years. The acceptable reasons for a fault divorce in Utah include: Spouses may also file for divorce based on one spouse’s incurable insanity. Unlike no-fault divorce, which only requires one spouse to testify that the marriage has suffered irreconcilable differences, if you accuse your spouse of marital misconduct or incurable insanity you will need to present evidence, like witness testimony or medical records, to prove to the court that your allegations are true. For example, in one case, a husband filed for divorce based on his wife’s mental cruelty toward him. The couple had been married for over 16 years, but the wife suffered some medical issues that caused her personality to change. The husband provided testimony that painted a picture of mental cruelty by his wife, which was enough for the court to approve his request. The wife appealed, stating that she didn’t intend on being cruel to her husband and that the judge should have denied the request for a fault divorce, but because the husband proved his allegations with evidence, the appeals court upheld the decision by the judge. Other Requirements for DivorceLike most states, Utah has a residency requirement that you must meet before you can file for divorce. Couples must demonstrate that the filing party has been a resident, continuously, for a minimum of three months. Additionally, there is a 90-day waiting period before the court can hold a hearing for your divorce. This waiting period was created by legislators to provide couples with a cooling off period, which may or may not assist the spouses in making meaningful, divorce-related issues, like property division and spousal support. Either party can ask the court to waive this waiting period. The person requesting a waiver would need to file a motion (request) with the court and provide the judge with extraordinary circumstances for their application. We Have Minor Children, Does that Change Anything?Yes. Utah law is unambiguous that if a divorcing couple has minor children from the marriage, the court can’t finalize the divorce until each parent has attended a mandatory course for divorcing parents and presented a certificate of completion to the judge. The court can, on its own or if one parent makes a motion, waive this requirement, but this doesn’t typically happen unless the couple can prove that the class isn’t necessary, appropriate, or feasible. How to File a Divorce in UtahIn Utah or elsewhere, divorce for any married couple will accomplish two things: severing the marital relationship, and dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting after the divorce, the issue of alimony may also arise. If there are minor children, they will also need to resolve issues of child custody and support. Residency and Where to FileIn order to file for divorce in Utah, the party filing for divorce must be a resident of Utah and the county for at least 3 months. The case must be filed in the District Court in the county where the residency requirement is met. ProceduresThe simplest procedure is an uncontested divorce where you and your spouse reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them. You begin the divorce procedure by filing a Complaint for Divorce, along with various supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce. Collaborative Divorce. Utah offers this process where each party hires a lawyer to assist them in trying to reach an agreement on all issues. There may also be a facilitator involved, to help focus the discussion. It is similar to mediation. Both parties must agree to this process, and either may stop it at any time. Any agreement will be signed by the parties and submitted to the court to be incorporated into a judgment or decree. Grounds for DivorceGrounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Utah, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds. To get a no-fault divorce in Utah you need to state in the Complaint for Divorce that “there are irreconcilable differences in the marriage,” or the parties have been living separate and apart without cohabitation for 3 years under a judicial decree of separation.” The fault-based grounds for divorce are: impotence, adultery, willful desertion for more than 1 year, willfully neglecting to provide the plaintiff with the common necessities of life, habitual drunkenness, conviction of a felony, cruel treatment to the extent of “bodily injury or great mental distress,” and incurable insanity. However, in most cases, there is no reason to use any of these, since they add complexity to the process by requiring proof. Property DivisionA divorce involves dividing property and debts between you and your spouse. Utah divorce law provides that all property is marital property, regardless of how or when it was acquired. Absent an agreement of the parties, the judge is directed to divide the property “equitably.” Alimony in UtahAbsent an agreement of the parties regarding alimony, the court is directed by Utah alimony law to consider the following factors in determining alimony: “Fault” means committing adultery; knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children, knowing and intentionally causing the other party or minor children to reasonably fear life-threatening harm, or substantially undermining the financial stability of the other party or the minor children. If the marriage is of short duration, and there are no children, the court may restore the parties to their condition at the time of marriage. Alimony is limited to a period of time equal to the number of years of marriage, unless the court finds extenuating circumstances. Alimony terminates upon the death or remarriage of the party receiving alimony, or upon evidence that the party receiving alimony is cohabitating with another person. Child Custody in UtahIf you and your spouse have any minor children, there will have to be a custody determination, which basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. If you and your spouse can reach an agreement on custody, it will be accepted by the judge unless it is determined not to be in the child’s best interest. If you cannot reach a custody agreement, the judge will decide the issue, after considering all relevant factors, including: Child Support in UtahChild support is determined by reference to the Utah Child Support Guidelines. Information about child support may be found on the Utah Courts website. A divorce may not be granted until at least 90 days after the Complaint is filed. There is no provision for a name change in connection with a divorce. Filing a divorce can be a complex process, but if you and your spouse can agree on the terms of the divorce you may be able to save time. Following these steps will help you get started with your divorce. Fault DivorceFault divorces are not as common. When a spouse requests a divorce based on some fault of the other spouse, the “matrimonial offenses” that are commonly given as grounds for divorce are: A key difference between fault and no-fault divorce is that spouses filing a fault divorce are typically not required to live apart for a specific period of time before filing. In some states that recognize fault divorce, establishing fault can result in a larger distribution of the marital property or granting of alimony to the spouse that was not at fault. In other states that require or allow fault divorce, fault is not a factor in the property settlement decision at all. These two characteristics make a fault divorce more attractive to some people. Fault Divorce: Comparative RectitudeWhen both spouses seek a fault divorce and can both prove the other spouse was at fault, the court decides which one is least at fault. That party will be granted the divorce. This is called “comparative rectitude.” This doctrine was created to address the problem of courts granting neither party a divorce if they were both at fault. Courts have a policy of not forcing people to stay married if they don’t want to be. Fault Divorce: DefensesUnlike a no-fault divorce, a spouse can object to a fault divorce. They must disprove the fault by presenting a defense. These are common fault divorce defenses: 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
The post Does High Unemployment Rate Result In A High Divorce Rate? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Debt And Marriage: When Do I Owe My Spouses Debts? Divorce Mediation Costs: What You Can Expect To Pay Does Divorce Cause Low Self esteem In Children? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/does-high-unemployment-rate-result-in-a-high-divorce-rate/ According to a new study, one key factor influences how well or how badly children respond to the trauma of divorce: self-esteem. For every level of trauma children of divorce report, children with low self-esteem are likely to exhibit poorer ‘adjustment’ (coping) in the rest of their lives. The study in examined six to 18-year-old children of divorce who had experienced high conflict between their parents. In addition to self-esteem, the researchers looked at three other things that may influence how children cope with trauma: the level of parental conflict, the length of time since the divorce, and the degree to which the child felt informed and in control. These other factors did not, at least on average, seem to make a big difference to how well the children coped with trauma. Similarly, the only factor that the study measured differently in boys and girls was the children’s level of self-esteem: girls had less of it. The researchers recommend paying particular attention to supporting a sense of empowerment and self-esteem among children of divorce as a way to foster resilience in the face of trauma, especially among girls. The researchers found that children reported high levels of coping (the measures were not that different from children who had not experienced divorce at all) at the same time as they reported high levels of trauma. Higher parental conflict was linked to more trauma, and more trauma was linked to lower self-esteem and worse coping. These correlations have also been found in earlier research– common risk factors for poor coping include moving to a new home, changing schools, etc. But the link is far from absolute, and exploring why children of divorce respond to trauma in such different ways yields insights that can guide the design of support services for children of divorce. Children are active agents in their own coping, and self-esteem is a key component of this agency. Earlier research shows that children with higher self-esteem tend to attract more positive responses and support from others. Children of divorce don’t just have lives within their families, but draw support from other domains – wider family, friendships, and school. Positive experiences in these other domains can carry a child through trauma at home. Forty percent of first-time marriages in Utah end in divorce, and 50% of these couples have children. Around 20% of divorces are classified as high conflict – that is, they involve long-lasting conflict, hostility, criticism, inability to take responsibility and lack of understanding of the effects of parental behaviour on children. Divorce and Feelings of Self-WorthChildren whose parents divorced showed marked set-backs not only in interpersonal skills and feelings of self-worth but also in their maths abilities. They conducted a study on 3,600 six-year-olds whose parents were divorced or from intact marriages and tracked them through the next four years. They found that children from divorced parents had: You can do this by: A Secure WorldChildren who do not have stable, secure role models often look for relationships outside the home to provide them with what they are missing. Often, these relationships are not in their best interest, which is why a high percentage of children who join gangs or have inappropriate relationships at an early age are the children of divorced or separated parents. Parents going through a separation are grappling with a difficult time in their lives, but it’s important to keep marital and parenting issues separate, and be there at all times for your child. How you react to the separation now can affect how your child will react to various events throughout his or her life. Separation and/or divorce are never ideal situations when it comes to families. But you can minimize the disruption in your own children’s life by continuing to be their father, by seeing them regularly and having regular visits, and treating your ex-partner with respect in front of the kids, no matter what happened in the past. It’s important not only for their development today, but for their own self-esteem and happiness in the future. Here are other ways to help you foster your daughter’s self-esteem: 1. Lack of Commitment 2. Incompatibility and Growing Apart Of course, many couples live with and even relish their differences. But most successful marriages are based on a core of shared (or at least overlapping) interests, priorities, and values. Outward signs of incompatibility often go hand in hand with other common reasons for divorce—especially poor communication, which is next on the list. 3. Communication Problems 4. Extramarital Affairs 5. Financial Incompatibility: Money Disagreements Signs that you and your spouse are financially incompatible include when: 6. Substance Abuse 7. Domestic Abuse 8. Conflicts over Family Responsibilities 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
The post Does Divorce Cause Low Self Esteem In Children? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Debt And Marriage: When Do I Owe My Spouses Debts? Divorce Mediation Costs: What You Can Expect To Pay Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/does-divorce-cause-low-self-esteem-in-children/ Divorcing couples have to file a lawsuit to dissolve a marriage. However, it is no longer necessary to follow the traditional path of litigation in order to work out the terms of the divorce. Today, many couples are turning to mediation to resolve their disputes and negotiate the terms of their divorce, a process that avoids the courts. Goals of Divorce MediationWhether mediation is agreed to voluntarily by the parties or court-referred, the goals of the mediation process with respect to divorce are to: Divorcing couples are frequently frustrated with the costs and delays associated with an overburdened, adversarial judicial system. These couples are finding ways to play a greater role in determining the details of their divorces. The court system has also recognized the importance of developing alternative methods of handling disputes outside of the courtroom. Court-related mediation programs have increased in popularity around the country. Almost every state requires mediation of child custody disputes, and many state court systems provide services such as early conflict intervention, conciliator services, community dispute resolution centers, education seminars for divorcing couples, mediation, and settlement conferences. Today, mediation, either voluntary or court-mandated, is the predominant form of dispute resolution for divorcing couples. Advantages to a Mediated DivorceMediation is a forum where a neutral mediator facilitates communication between parties to promote compromise, understanding, and settlement. Mediation is particularly suited to divorces and other family law proceedings because there is likely to be a continuing relationship between the parties, especially if minor children are involved. Many divorcing couples find mediation allows them to avoid the high financial and emotional costs of a litigated divorce. Because settlement is generally quicker, mediation costs less than litigation. Mediation also allows couples to avoid the risks of trial, protects confidentiality, and decreases stressful conflict. Mediation may also protect children from the pain of parental conflict. Because the parties work to create their own agreements, couples who mediate their divorce settlement often find greater satisfaction than those who go to trial. The parties also tend to comply better with an agreement they have created themselves compared to an order imposed by a judge after a trial. In mediation, couples can learn skills to help them resolve future conflicts. While most parties find mediation to be an excellent alternative to the traditional litigation approach to divorce, it may not work for everyone. It is not as effective when one party is unable to express opinions fully and without fear, or when the parties refuse to compromise or mediate in good faith. Some people are concerned that some mediators may be unable to handle the complex financial arrangements involved in some divorce agreements. The Divorce Mediation ProcessIn many states, divorce cases are either referred to mediation by the court, or they end up in mediation based on the parties’ written agreement. If the court refers a case for mediation, it notifies the parties. In most states, the parties then have an opportunity to object to mediation if there is a reasonable basis, such as domestic violence. Mediation of a divorce follows these general steps:Finding a MediatorOnce the decision to mediate is made, it is necessary to find a mediator. Many counties have community-based or court-annexed mediation centers. If the mediation is court-ordered, the court may appoint a mediator or will allow the parties to agree upon a qualified mediator. Both lawyers and non-lawyers serve as mediators. The fees charged vary from mediator to mediator and from case to case. Fees may be charged on an hourly basis, or by the day or half-day. In general, mediators help the parties meet, explore options, and negotiate a mutual settlement to resolve their dispute. Mediators do not determine who is right or wrong or make any decisions. Instead, they help the parties reach a solution on their own that works for them. Parties should seek mediators with mediation training, experience, and specific knowledge of family law. It’s also important to consider the mediator’s style and mediation philosophy. The American Arbitration Association provides an online search tool for mediators in your area, and most state courts have a roster of qualified family law mediators. Mediation Preparation: “General Caucus”Mediation preparation is often limited, as there is no formal discovery. Frequently, mediation begins with a “general caucus” where the parties and the mediator meet in the same room. The mediator establishes the ground rules in an “agreement to mediate.” In court-mandated mediation, the court order will often contain or refer to the “rules of mediation.” One of the most important mediation rules is the requirement for confidentiality. Typically, all matters disclosed or occurring during mediation, and any record made during the procedure, are confidential and generally may not be disclosed to anyone unless the parties agree to the disclosure. Additionally, state law may require that the mediator maintain confidentiality. Opening Statements and “Private Caucuses”After the mediator covers the rules of mediation and ensures that any necessary agreements to mediate are signed, the mediator explains the mediation process. The parties or their representative may then make opening statements to identify issues and clarify perceptions. Many mediators will encourage the parties to begin a conversation during the general caucus. If the parties are hostile or overly emotional, the mediator will separate the parties and shuttle back and forth between them in “private caucuses.” Some mediators forego the general caucus entirely, particularly if there is animosity between the parties, instead conducting the entire mediation with the parties in separate private caucuses. A private caucus is a conference between the mediator and one party, without the other party being present. The mediator passes offers and demands between the parties. Conversations between a party and the mediator during a private caucus are confidential unless a party authorizes the mediator to disclose information to the other side. Reaching an Agreement… Or NotThe parties in a mediation are not required to reach an agreement, and sometimes they don’t. Whether the case settles or reaches an impasse, the mediator may meet with the parties together at the end of the session. If the case has neither settled nor reached an impasse, the mediator will likely encourage the parties to attend another mediation session. If the case does settle, the mediator will urge the parties to sign a settlement to memorialize the agreement. A written settlement agreement is a contract between the parties, which is generally enforceable in the same manner as any other written contract. Generally, there’s no record of the mediation session, and the only document produced is the settlement (or mediation) agreement. If a settlement is not reached the parties may decide to litigate. What Does The Mediator Do?A family law divorce mediator is a neutral third party specially trained to help couples with dispute resolution. The mediator is often a retired judge or commissioner but can be a divorce lawyer, or may not be a licensed attorney at all. The mediator helps resolve the issues in the couple’s divorce by performing the following tasks: The mediation process is flexible and can be adapted to the needs of the couple getting a divorce. Sometimes a couple in the middle of litigation may decide to try (or may be required by the court to try) mediation to resolve their case before going to trial. In such a case, the parties likely already have attorneys and the information they will need to mediate, and they may spend an entire day in mediation trying to resolve all their issues fully and finally. Other couples may consult a mediator on their own to help them divorce without consulting with attorneys first. In such a case, the couple and mediator are likely to meet in a series of mediation sessions, usually one to two hours long. That process could look something like this: First meeting: The couple and the mediator identify the issues in the divorce case that need to be discussed and the order in which they will be discussed. They then decide what information needs to be gathered and shared. Between the first and later sessions the couple gathers all relevant financial data, or, if necessary, the opinions of experts such as appraisers or accountants. These materials are treated with the same care and concern as they would see in an adversarial divorce process. Further Meetings: Discussions revolve around how to compromise on the various issues in order to meet the needs of both parties. The mediator assists by providing information about the court system and common ways divorce issues are resolved in a divorce settlement. The Agreement: When an agreement has been reached on all issues, the mediator drafts the agreement for review by each of the parties and their attorneys. How do Divorce Court Documents Get Filed?If the mediator is an attorney, the attorney can assist the parties in filing all papers with the court, including starting the dissolution of marriage action, preparing and filing the necessary disclosure documents, and preparing the agreement, judgment, and final papers to be filed with the court. Will We Have to Appear in Court?No court appearances are necessary by either party for mediation. How Long Does Mediation Take?The length of the mediation is determined by the complexity of the issues and ability of the individuals to be flexible as they negotiate a fair agreement. Every case is different, but the average case usually takes at least three to four two-hour mediation sessions, spread out over at least a month or two. More complex cases can take four to six months to complete. Is Mediation Cheaper Than Using Lawyers to Handle a Divorce?Many family law attorneys charge legal fees, such as a retainer fee of between $2,500 and $5,000 for average cases. They may also bill the client for services in addition to the time covered by the retainer. The retainer amount will be substantially more in complex cases, so the cost of mediation from beginning to end can be less than the combined retainer fees would be if the parties hired lawyers to handle the divorce. Traditional divorce costs can run two to ten times higher than the mediation cost. Collaborative divorce, divorce regarding domestic violence, or other time-consuming concerns in divorce proceedings can all factor into the final cost. Also, keep in mind that “cost” not only means dollars spent but also the emotional cost to the parties and their children who go through litigated divorces. Generally speaking, mediation greatly reduces the emotional cost of a divorce. Once an agreement has been signed, that agreement is enforceable. Usually, however, a judgment based on the agreement is prepared and filed with the court, and then it is just as enforceable as any other divorce judgment. My Spouse is Very Powerful — How Can I Hope to Be Successful in Mediation?The mediator will not allow one party to overpower the other in mediation. If one of the parties is unable to be effective during this process, the mediator may stop the mediation entirely or may choose to meet with the parties separately and relay communication between them to help them better manage their emotions and communicate about the issues more effectively. However, many persons who considered themselves to be the “weaker” of the two spouses have been quite effective in mediation. Should I See a Lawyer During Mediation?Mediation is not a substitute for the services of a qualified attorney. Both parties are encouraged to obtain independent legal advice during the mediation process, and to have their lawyer review the agreement before it is signed. Even when the mediator is a lawyer, they can’t give either party legal advice. What if My Case is Too Complicated for Mediation?No case is too complicated to be settled using mediation. Parties in mediation frequently consult with outside experts such as accountants, appraisers, financial planners, and attorneys throughout the process. What if We Can’t Agree on All Issues?It is fairly rare to agree on all issues right away, but even if that is the case, mediation is seldom wasted. An agreement can be prepared on all settled issues, and the parties can either litigate the remaining issues or take further time to think about them and come back to mediation. We Don’t Get Along Well — How Can We Possibly Mediate?Although many mediating couples are amicable and work well in mediation, there are also many couples who are very emotional about the divorce and don’t think they can negotiate face to face. Part of every qualified mediator’s training is assisting couples who have high emotions but who still would like to work things out peacefully. People do calm down and become effective mediation participants when they see that the process can work without adding to the high emotional and financial cost of divorce. The cost of divorce mediation depends on a number of factors, such as: 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
The post Divorce Mediation Costs: What You Can Expect To Pay first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Common Types Of Real Property Ownership Debt And Marriage: When Do I Owe My Spouses Debts? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/divorce-mediation-costs-what-you-can-expect-to-pay/ Whether you and your spouse are responsible for paying each other’s debts will depend primarily on where you live. If your state follows common law property rules, spouses are only liable for their own debts, with a few exceptions. For instance, both spouses must pay debts for family necessities like food, shelter, or tuition for the kids, although how states treat joint and separate debts varies slightly, so you’ll want to check your state laws. However, if you live in one of a few states with “community property” rules, both you and your spouse will owe most debts incurred by either one of you during the marriage. Keep reading to learn more about: If you plan to file for bankruptcy in Utah or another community property state, you’ll want to know about the “limited community property discharge” that arises when only one spouse files for bankruptcy. Although all community property will be safe from creditor collection, the nonfiling spouse’s separate property will remain at risk. When Are You Responsible for Your Spouse’s Debt?In community property states, most debts incurred by either spouse during the marriage are owed by the “community” (the couple), even if only one spouse signed the paperwork for a debt. The key here is during the marriage. So if you incur a debt, such as a credit card balance, while you’re single and then get married, it won’t automatically become a joint debt. However, an exception can occur when a spouse signs on to an account as a joint account holder after getting married. Some states, like Utah, have a more nuanced way of analyzing who owes what debts by evaluating who incurred the debt, for what purpose, and when. After a legal separation or divorce, only the spouse who incurred the debt owes it unless the debt was incurred for family necessities, to maintain jointly owned assets (for example, to fix a leaking roof), or if the spouses keep a joint account. How Are Income and Property Shared Between Spouses?In community property states, couples share income, as well. All income earned by either spouse during marriage and property bought with that income is community property, owned equally by husband and wife. Gifts and inheritances received by one spouse and separate property owned before marriage that remains separate are the respective property of one spouse alone. Comingling a gift or inheritance, such as by adding it to a joint bank account, could erase the protection. All income or property acquired before or after a divorce or permanent separation is also separate. What Property Can Be Taken to Pay Debts?In a community property state, creditors of one spouse can go after the assets and income of the married couple to make good on joint debts, and remember, most debts incurred during marriage are joint debts. Creditors can go after joint assets in a community property state no matter whose name is on the asset’s title document. For example, a business owner’s name might not be on the title to her spouse’s boat. Still, in most community property states, that won’t stop a creditor from suing in court to take the boat to pay off the business owner’s debts assuming the boat was purchased with community funds and not separate funds. Community property collection rules also apply to a spouse’s separate debt, such as one spouse’s child support obligation from a prior relationship, or a debt in one spouse’s name only where the spouse hid the marriage. In that case, a creditor can go after only that spouse’s half of the community property to repay the debt. How to Remove a Spouse’s LiabilityCouples in community property states can sign an agreement with each other to have their debts and income treated separately. Signing a pre or postnuptial agreement like this can make sense for a couple before one spouse goes into business. But if you’re already in business, signing an agreement now won’t protect your spouse from liability for business debts that you already owe, only from liability for future business debts. Keep in mind that this agreement will be between you and your spouse. It likely won’t affect whether a creditor can pursue you for debt, only your ability to pursue your spouse’s personal assets for payment. Check with your family law lawyer or bankruptcy lawyer for clarification. You can also sign an agreement with a particular store, lender, or supplier, stating that the creditor will look solely to your separate property for repayment of any debt, essentially removing your spouse’s liability for any obligation or debt from the contract—if you can get the other party to agree. How Does Bankruptcy Work in Marriage?If only one spouse files for Chapter 7 bankruptcy in a community property state, creditors can collect community debts against the nonfiling spouse. However, the creditor can’t forcibly take community assets to pay community debt discharged in the filing spouse’s bankruptcy. The creditor can only collect against the nonfiling spouse’s separate property. This protection is known as a “limited community property discharge.” Also, if you’re considering divorce, talk with Ascent Lawfirm lawyer about the effect the divorce will have on your limited community discharge. You could likely lose its protection. Am I Liable for My Spouse’s Credit Card Debt?Under some circumstances, you can be held liable for your spouse’s credit card debt. Whether you might be responsible for this debt depends on: Credit Cards That Are In Your Name OnlyIn common law states, you’re usually only liable for credit card debt if the obligation is in your name. So, if the credit card is only in your spouse’s name, you’re typically not liable for that debt. But keep in mind that if you have jointly owned assets, then the credit card company can still go after your spouse’s interest in that property. Credit Cards That Are In Both Spouses’ NamesIf the debt is for a joint credit card in both your names, then you and your spouse are equally liable for it. Credit Card CosignersAlso, if you’re a cosigner on your spouse’s credit card, even if it’s not a joint account, you’re still on the hook. Additional Rules for Community Property StatesCertain states called community property states follow community property rules instead of the common law when determining which spouse is liable for a particular debt. In community property states, as in common law states, you’re on the hook for any debts in your name or that you cosign for. But in addition, debts incurred by you or your spouse during your marriage, regardless of whose name is on it, are generally deemed to be community debts, and both spouses are considered equally liable. So, even if the credit card debt was incurred by your spouse alone, you might be liable for it. However, keep in mind that debts incurred by your spouse prior to marriage or after separation or divorce are not community debts. Each state weighs different factors and might have additional rules regarding when an obligation is considered a community debt. Usually, if the debt was incurred for something that benefited your marriage, it will likely be deemed a community debt. But if it was a purchase that only benefited your spouse, there is a greater likelihood that it will not be considered a community debt. Even if you weren’t otherwise liable for a credit card debt, a judge may still assign the obligation to you in a divorce proceeding. If a credit card debt is assigned to you in a divorce, that doesn’t mean you are contractually liable for it to the credit card company because a family court judge can’t change the terms of the initial credit card contract. But if you fail to pay the debt and the credit card company comes after your ex-spouse, then your ex-spouse can sue you for violating the divorce decree and seek reimbursement for any damages suffered. What Happens To Debt After A Divorce?If you accumulated a lot of debt during your marriage, it’s important to understand what happens to debt when you get divorced. You may not be responsible for things you think you are, and you may owe on debt you were sure your spouse should cover. Ultimately, a lot of the legal responsibility will come down to whose signature is on a loan paper and whose name the loan is under. Legal Liability for DebtIs one spouse responsible for the debts of the other? Well, it depends. If you signed on a loan as the borrower or if you cosigned a loan for your spouse, you are legally liable for the debt that accompanies it. Any late fees charged due to a spouse’s delinquent payments will also legally be your responsibility — even if they tell you that they’ll take care of it. If your name is on the loan, you owe the money. It’s that simple. Let’s say you took out a loan for your partner with the agreement that they would pay it. You may both agree that the person who said they’d pay the loan is the one who owes on it after the divorce, but that agreement may not hold up in court if you’re the sole borrower. Debts owed to insurance companies follow a similar protocol. If your name is on the loan as a borrower or co-signer, you owe it. How to separate assetsAn important step in safeguarding your finances is to separate your assets, but doing this isn’t always as easy as it sounds. A prenuptial agreement or a “prenup” for short is an agreement in which both parties state that they are only entitled to the assets they brought into the relationship in the event of a divorce. In other words, they do not split assets when the marriage ends. The same asset stipulation can be made by signing a post-marital agreement, but spouses agree to this kind of contract after getting married. While both of these agreements are useful in keeping assets separate, they may not protect you from shared debt that was accumulated while you were married. You can also secure your finances by investing your money in protected accounts. If the question: “Am I responsible for my husband’s debts if we divorce” haunts you, you might want to sock money away in retirement plans, trusts, corporations or annuities where your money is likely to be safe from the other party. While doing this may help safeguard your assets, it’s still wise to consult a trusted financial advisor before committing to such a plan. How You Protect Your Money During DivorceIf you’re worried that one spouse is responsible for the debts of the other during a divorce, you should find a way to protect your money during the divorce process. Couples often create joint debt while married, and the “what’s mine is yours” mantra can backfire if they decide to divorce. If you want to protect your finances during your divorce, it would be wise to stop using joint credit cards so that it’s clear who the debt belongs to. If possible, you should close down joint accounts entirely. Try to get your name taken off of any joint credit cards or remove yourself as an account cosigner. This can be difficult, though, because some credit institutions prefer to have two sources of income attached to an account. In such cases, make sure to keep track of spending activity so that you can demonstrate who is responsible for the debt. If possible, try to pay down as much community debt as possible before entering into divorce proceedings. Though this may seem unfair, practicing sound divorce debt consolidation before moving forward with the actual divorce can make it easier to determine which party is responsible for the debt. Will divorce impact your credit score?Your credit score is impacted by your financial habits, such as paying off personal debts and the amount of disposable income to credit debt, and the actions taken jointly during your marriage can affect your score as well. If you take out a joint loan on a home or open a credit account together, you are liable for any financial delinquency on that debt. If your spouse was supposed to pay off debt and forgot to do so, the penalty from the late payment will affect both of your credit scores. Try to remove yourself from joint accounts to protect your credit score from irresponsible actions by your former partner. Make sure that any outstanding debts get paid off as well. It can be tricky to get your name off of credit that you signed for with another party, but you can try to refinance your existing loan to make just one person responsible for it. That may not work in every case, but it’s worth a try. 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
The post Debt And Marriage: When Do I Owe My Spouse’s Debts? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Cohabitation And Its Effect On Rise In Divorce Rate Common Types Of Real Property Ownership Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/debt-and-marriage-when-do-i-owe-my-spouses-debts/ Divorce can be a difficult time for a family. Not only are the parents realizing new ways of relating to each other, but they are learning new ways to parent their children. When parents’ divorce, the effects of divorce on children can vary. Some children react to divorce in a natural and understanding way, while other children may struggle with the transition. Children are resilient and with assistance the divorce transition can be experienced as an adjustment rather than a crisis. Since the children in a divorce vary (different temperaments, different ages), the effects of divorce on children vary too. Poor Performance in AcademicsDivorce is difficult for all members of the family. For children, trying to understand the changing dynamics of the family may leave them distracted and confused. This interruption in their daily focus can mean one of the effects of divorce on children would be seen in their academic performance. The more distracted children are, the more likely they are to not be able to focus on their school work. Loss of Interest in Social ActivityResearch has suggested divorce can affect children socially, as well. Children whose family is going through divorce may have a harder time relating to others, and tend to have less social contacts. Sometimes children feel insecure and wonder if their family is the only family that has gotten divorced. Difficulty Adapting to ChangeThrough divorce, children can be affected by having to learn to adapt to change more often and more frequently. New family dynamics, new house or living situation, schools, friends, and more, may all have an effect. Emotionally SensitiveDivorce can bring several types of emotions to the forefront for a family, and the children involved are no different. Feelings of loss, anger, confusion, anxiety, and many others, all may come from this transition. Divorce can leave children feeling overwhelmed and emotionally sensitive. Children need an outlet for their emotions – someone to talk to, someone who will listen, etc. children may feel effects of divorce through how they process their emotions. Anger/IrritabilityIn some cases, where children feel overwhelmed and do not know how to respond to the affects they feel during divorce, they may become angry or irritable. Their anger may be directed at a wide range of perceived causes. Children processing divorce may display anger at their parents, themselves, their friends, and others. While for many children this anger dissipates after several weeks, if it persists, it is important to be aware that this may be a lingering effect of the divorce on children. Feelings of GuiltChildren often wonder why a divorce is happening in their family. They will look for reasons, wondering if their parents no longer love each other, or if they have done something wrong. These feelings of guilt are a very common effect of divorce on children, but also one which can lead to many other issues. Guilt increases pressure, can lead to depression, stress, and other health problems. Providing context and counseling for a child to understand their role in a divorce can help reduce these feelings of guilt. Introduction of Destructive BehaviorWhile children go through a divorce, unresolved conflict may lead to future unexpected risks. Research has shown children who have experienced divorce in the previous 20 years were more likely to participate in crimes, rebelling through destructive behavior which harms a child’s health, with more children reporting they have acquired smoking habits, or prescription drug use. Increase in Health ProblemsThe process of divorce and its effects on children can be a stressful. Dealing with these issues can take its toll, including physical problems. Children who have experienced divorce have a higher perceptibility to sickness, which can stem from many factors, including their difficulty going to sleep. Also, signs of depression can appear, exacerbating these feelings of loss of well-being, and deteriorating health signs. Loss of Faith in Marriage and Family UnitFinally, despite hoping to have stable relationships themselves when they grow up, research has also shown children who have experienced divorce are more likely to divorce when in their own relationships. Some research indicates this propensity to divorce may be two to three times as high as children who come from non-divorced families. Yet, while these are some of the possible effects of divorce on children, they are by no means absolutes, or written in stone. More and more, families understand just how stressful divorce is for their children, as well as their selves. Families have begun to turn to supportive services seeking help to find a peaceful way to divorce. Filing the Divorce PetitionWhether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage. The filing spouse must include the following information: Residency requirements vary depending on where you live. States usually require at least one spouse to live in the state anywhere from 3 months to 12 months, and in the county where the spouse files at least 10 days to 6 months before filing the petition. Divorcing spouses must meet the state’s residency requirement before the court can accept the case. Grounds for divorce vary from state-to-state. However, all states offer divorcing couples the option to file a no-fault divorce. No-fault divorce is a streamlined process that allows spouses to file a divorce petition without listing a specific reason or placing blame on either spouse. If your spouse committed marital misconduct or caused the breakup, some states allow parties to claim “fault” for the divorce, like adultery or neglect. If you’re unsure whether you should file a no-fault or fault divorce, contact an experienced family law attorney in Ascent Law Firm, Utah for guidance. Asking for Temporary OrdersCourts understand that the waiting period for divorce may not be possible for all couples. For example, if you are a stay-at-home parent that is raising your children and dependent on your spouse for financial support, waiting for 6-months for the judge to finalize your divorce probably seems impossible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. If you request a temporary order, the court will hold a hearing and request information from each spouse before deciding how to rule on the application. The judge will usually grant the temporary order quickly, and it will remain valid until the court orders otherwise or until the judge finalizes the divorce. Other temporary orders may include a request for status quo payments or temporary property restraining orders. Status quo orders typically require the breadwinner to continue paying marital debts throughout the divorce process. Temporary property restraining orders protect the marital estate from either spouse selling, giving away, or otherwise disposing of marital property during the divorce process. Restraining orders are usually mutual, meaning both spouses must follow it or risk being penalized by the court. If you need a temporary order but didn’t file your request at the time you filed for divorce, you’ll need to apply for temporary orders as quickly as possible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. Serve Your Spouse and Wait for a ResponseService: The filing spouse’s responsibility After you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse. If you don’t properly serve your spouse, or if you neglect to file a proof of service with the court, the judge will be unable to proceed with your divorce case. Service of process can be easy, especially if your spouse agrees with the divorce and is willing to sign an acknowledgment of service. However, some spouses, especially ones that want to stay married or make the process complicated, can be evasive or try anything to frustrate the process. The easiest way to ensure proper service is for the filing spouse to hire a professional who is licensed and experienced in delivering legal documents to difficult parties. The cost is usually minimal and can help prevent a delay in your case. If your spouse retained an attorney, you could arrange to have the paperwork delivered to the attorney’s office. Response: The receiving spouse’s responsibilityThe party who receives the paperwork (usually titled “defendant” or “respondent”) must file an answer or reply to the divorce petition within a prescribed amount of time. Failure to respond could result in a “default” judgment against the non-responding spouse, which can be complicated and expensive to reverse. The responding party has the option to dispute the grounds for divorce (if a fault divorce), the allegations in the petition, or assert any disagreements as to property, support, custody, or any other divorce-related issues. Negotiate a SettlementIn cases where the parties have differing opinions on important topics, like child custody, support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case. The court may schedule mediation, which is where a neutral third-party will help facilitate discussion between the spouses in hopes to resolve lingering issues. Some states require participation in mediation, while others do not. However, mediation often saves significant time and money during the divorce process, so it’s often a good route for many divorcing couples. Divorce TrialSometimes negotiations fail despite each spouse’s best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial. A divorce trial is costly and time-consuming, plus it takes all the power away from the spouses and puts it in the hands of the judge. Negotiations and mediation sessions allow the couple to maintain control and have more predictable results than a divorce trial, so it’s best to avoid a trial if possible. Finalizing the JudgmentWhether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce. The judgment of divorce (or “order of dissolution”) ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts. If the parties negotiated a settlement, the filing spouse’s attorney typically drafts the judgment. However, if the couple went through a divorce trial, the judge will issue the final order. Legal Requirements to DivorceYou first need to consider where to file for divorce. Typically, this is the county and state where one or both of you live. First, determine if you meet the state’s residency requirements. If you or your spouse are in the military, you may file where currently stationed. However, there are rules to protect active duty service members from civil lawsuits. Serving Divorce PapersOnce you’ve filed your divorce papers at court, you have to “serve” them on your spouse. Generally, this means another adult must physically give the papers to your spouse. You can use professional servers or save money by having a friend serve the papers for you. If domestic violence is involved, the police in some counties will serve the papers, without charging the usual fee. Answering a Divorce PetitionMaybe your spouse just served you with dissolution papers. You still have the opportunity to tell the court what you do and don’t want in the divorce. Take care to “answer” within the deadline set by state law. In responding, you can fill out the court forms yourself, at a legal clinic, or with the help of an experienced divorce lawyer. If there are disagreements about what to do with children or property, considering hiring an attorney. Mediation and Settling a Divorce CaseMany divorces settle with an agreement both parties can live with. Many states require mediation to help reach a property settlement and a parenting plan everyone can follow. Even without a formal program, you and your spouse can use a “collaborative” divorce process from the beginning or can use an “alternative dispute resolution” specialist to help you settle your divorce. Trial and AppealsIf your case goes to trial, you’ll need to present evidence, possibly including testimony from witnesses, so the judge can decide a property settlement for you. It will be easier if you’re represented by an attorney at trial. It’s also possible you want to appeal or modify a divorce judgment. This section provides articles on these topics as well. 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
The post Consequences Of Divorce first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Child Custody Evaluations In Divorce Proceedings Cohabitations And Its Effect On Rise In Divorce Rate Common Types Of Real Property Ownership Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/consequences-of-divorce/ When you file for bankruptcy, you have to list all aspects of your financial situation, including all of the property that you own. If you own real estate known as real property—you’ll also be asked to disclose your ownership interest using legal terminology. Although this seems simple, you can hold property in different ways, including: Listing Real Property on Bankruptcy FormsWhen you’re filling out your bankruptcy forms, you’ll need to describe all real estate that you own on Schedule A/B: Property of the official bankruptcy forms. You’ll be asked to include: Real Property Ownership TypesHere are some common ways to own real estate. Other Important Real Property TermsMost people will use one of the terms mentioned above to describe their real estate ownership interest. But, other situations can exist. Here are some terms that you’re not likely to need, but, depending on your circumstances, you just might. • Future interest: This property right comes into being sometime in the future. A common future interest is owned by a person who under the terms of an instrument such as an irrevocable trust—will inherit the property when its current possessor dies. Simply being named in a will or revocable living trust doesn’t create a future interest, because the person who signed the deed or trust can amend the document to eliminate your interest. Community PropertyCommunity property is a form of ownership by spouses during their marriage that they intend to own together. Under community property, each spouse owns (or owes) everything equally, regardless of who earned or spent the money. Thus, each spouse gets an equal division of real estate property in the event of divorce or death. In the United States, nine states have community property laws. Outside of real estate, personal property acquired during one’s marriage, such as vehicles, furniture, and artwork, may be deemed community property. Depending on the community property state you reside in, real estate acquired during a common-law marriage may also be held as community property. Community property with the right of survivorship is a way for married couples to hold title to property. It allows one spouse’s interest in community-property assets to pass probate-free to the surviving spouse in the event of death. Other Ways to Hold TitleEntities other than individuals can hold title to real estate in its entirety: Corporation ownershipOwnership in real estate can be done as a corporation, whereby the legal entity is a company owned by shareholders but regarded under the law as having an existence separate from those shareholders. Partnership ownersReal estate can also be owned as a partnership. A partnership is an association of two or more people to carry on business for profit as co-owners. Some partnerships are formed for the express purpose of owning real estate. These partnerships can also be structured as limited partnerships, where investors take limited liability by not making managerial decisions regarding management or transaction decisions. In these cases, one general partner is typically responsible for making all business decisions on behalf of the limited partners. Trust ownershipReal estate also can be owned by a trust. These legal entities own the properties and are managed by a trustee on behalf of the beneficiaries to the trust. There are many advantages and disadvantages to holding real estate that falls outside the scope of this article, but all have to do with benefits surrounding managerial influence and financial and legal liability, in addition to tax and beneficiary considerations. Transferring Property by DeedThe transfer process happens by way of deed. A property deed is a formal, legal document that transfers one person or entity’s rights of ownership to another individual or entity. The deed is the official “proof of transfer” for real estate, which can include land on its own or land that has a house or other building on it. Every deed should contain the following information: As deeds do not require much information, the document itself is often very short. However, the document may also contain additional information such as the conditions or assurances that go along with the transfer. Each deed must also be validly delivered to the individual taking ownership of the property. In most situations, it should also be filed with the appropriate authority as well. Every real property transfer will require the use of some type of deed. It is important to use the legal description of the property for the deed so that it can be recorded accurately. There are several types of deeds. Each type varies based on the warranties provided to the grantee. Different varieties of deeds provide varying levels of title. Deeds help show ownership of the property. However, the deed itself is really only used for transfer of the property. The real “test” of whether you have ownership of a property is based on whether your name is on the title. When you have a title to a property, you also have various other rights that go along with property ownership, including the right to: Often, titles will be in more than one person’s name. For example, if a married couple owns their home together, both of their names will often be on the title for the property. When this occurs, each spouse generally holds a one-half interest in the property. That also means that the property cannot be transferred without both spouses’ permission. The Importance of Having Good Title in Real Property TransfersAs property is held in such high regard in the Utah, having a good title is critical when you transfer property. Every time a property is transferred, it is recorded in a public way, usually with the County Recorder’s office in your area. When a property is not recorded properly, there may be “holes” or “gaps” in the title. These deficiencies make your ownership questionable because it is unclear whether the person who received the transfer after a gap did so validly. That is, the person transferring the property may not have had the necessary ownership rights to assign it. These concerns about titles lead to products such as title insurance, which will indemnify losses related to defects in the title to real property. Problems associated with the title become particularly relevant if there are encumbrances or debts that you are unaware of or did not agree to. General Warranty DeedA general warranty deed is often considered the most common way to transfer real property. It is used when you are aware and confident that the title to your property is good and marketable. It is most commonly used for residential real estate transactions. A general warranty deed is a buyer’s best protection against title challenges. The guarantee not only applies to the seller, but it applies to all of the individuals or entities involved in the chain of title for that particular property. By providing a general warranty deed, you are also positively asserting that there are no debts or liens on the property. This concept may be confusing for some homeowners because they have a mortgage on their home. However, when you sell your property, your mortgage is often paid off with the proceeds of the sale, and may even transfer to a new property that you purchase. This is part of the covenant to convey free of encumbrances. • Covenant of Seizing: This promise assures the buyer that the grantor has the right to the entire property that he or she is conveying. Generally, this applies to the quality and size of the asset transferred. Quit Claim DeedUnfortunately, not every property can be transferred with a general warranty deed. There are often many unknowns for property transfer that could create problems for a title. In those situations, using a quit claim deed may be appropriate. While a quit claim deed still conveys the owner’s total interest in the property, it contains no warranties regarding the title. That is, there is no assurance that the title the owner holds is valid and marketable. That means that the deal only transfers whatever rights of ownership that the seller has at the time of transfer. In most situations, the owner does have a valid ownership interest in the property, but still does not want to provide the warranties afforded in a general warranty deed. Quit claim deeds can be concerning, but they are often the fastest means to transfer property. They essentially deal with potential title defects by avoiding addressing them altogether. Many title insurance companies will be reluctant to provide title insurance related to real property that is conveyed by quit claim deed. If you are considering purchasing a property through a quit claim deed, it may be helpful to ask the seller why he or she is using a quit claim deed as opposed to a general warranty deed or special warranty deed. The rationale may be something simple, or it could trigger red flags that may require you to rethink the purchase. Of course, it may be a good idea to simply avoid these types of deeds unless you have significant trust in the seller or his or her title. Special considerations for title insurance may be necessary as well. Property AbstractsPart of the buying process includes an investigation into the title of the property. When you do not know the seller, this inquiry is often conducted by a real estate attorney. The attorney will determine the legal status of the seller, which is particularly relevant when the seller is a business or trust. The Ascent Law firm attorney will put together what is commonly referred to as a “property abstract.” An abstract details the ownership record of a particular piece of real estate and provides information about whether the title may have any potential issues from a legal perspective. The abstract will go back as far as possible, using public and government records. In states that use title insurance, property abstracts are less common. They may not be used at all in other states. Regardless, it is useful information to have if it is available to you; if nothing else, it provides peace of mind knowing you have a good and marketable title in your real estate. Create a Deed or Deed TransferYou may not need to involve an attorney to create a particular deed if you already have all the information. This is especially true if you are transferring property between family members or into or out of a trust. 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
The post Common Types Of Real Property Ownership first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Chapter 12 Bankruptcy For Farmers And Fishermen Child Custody Evaluations In Divorce Proceedings Cohabitation And Its Effect On Rise In Divorce Rate Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/common-types-of-real-property-ownership/ |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
April 2023
Categories |