Divorce Terms to Know

As you go through a divorce, there’s a good chance you will come across some legal terminology with which you’re unfamiliar. The following are a few common examples:

• Alternative dispute resolution (ADR): A settlement process that occurs out of court, whether it’s through negotiations, mediation or arbitration. It is typically used to help divorcing couples avoid a full trial.
• Annulment: A legal judgment that the “marriage” was never actually valid for specific circumstances in your relationship.
• COBRA: The Consolidated Omnibus Budget Reconciliation Act allows people to continue being covered under their ex’s health insurance even after they are divorced.
• Cohabitation: Unmarried partners living together as though they are married.
• Discovery: The process in which each party gathers information to use to their advantage during divorce proceedings.
• Divorce decree: The final judgment or document that contains your legally binding divorce agreement.
• Equitable: An “equitable” distribution of property is all about what’s fair, not necessary what’s equal.
• Joint property: Property you and your spouse accrued during the course of your marriage. This property is subject to the asset division process.
• Prenuptial agreement: A written contract entered into before marriage that could have an impact on all of the divorce processes affecting your case.

How Long Must I Pay Child Support?

In Utah State, generally, a child must be supported until the age of 21. However, there are a number of exceptions to this rule. When a child has not reached 21, but is supporting himself or herself, or is in the military or has married, the obligation to pay child support ends. Another situation that may merit the cessation of child support involves children between 17 and 21 who are on their own and not under the control of parents.

Once child support is ordered, the paying parent must continue to make payments for as long as the order is in effect. It is important to note that any agreement that the spouses come to either increasing or decreasing the amount of support without the approval of the court is not enforceable. This means that if you and your spouse verbally decide to lower the amount you pay, and at some point your spouse decides to file for the amount originally ordered, the court can order you to pay the original amount ordered, in spite of your verbal agreement to pay less.

Similarly, if you voluntarily decide to pay more, and then drop back to the original support amount, your spouse needs to seek court approval of the increased amount to guarantee receipt of that amount. Support orders can be modified due to changes in circumstances so do not hesitate to seek out the advice of a lawyer.

Some Tips to Help You Deal with the Emotional Aspects of Divorce

Divorce isn’t easy on anyone, and you may be feeling many different emotions as you work through the process. There will be good days and bad, and sometimes it may feel like it will be impossible for you to move on.

However, if you take some time to reflect, you will likely find you are indeed capable of starting a new life and having a positive future. Here are a few tips to help manage the emotions of getting divorced:

• Don’t rush into a new relationship: It’s natural to want to try to find someone new who you can take comfort in after your marriage ends. But you need to take some time to yourself so that you can fully understand what you need, rather than leaning on a replacement or a rebound.
• Take time to grieve: Despite what you may think, it is difficult to lose the person who you had once trusted with everything — even if your relationship wasn’t always good. It can feel like you are suddenly without a confidant. It is natural and necessary to let yourself grieve for the loss of this relationship. Being honest about it and embracing your emotions is an important step to take.
• Get therapy if needed: You might come out of a divorce feeling like you’ll never be able to trust anyone again. If this is the case, consider visiting with a therapist or support group. This will allow you the opportunity to talk about your feelings and find some inner peace.
• Do what you need to for your happiness: Take up new (or old) hobbies. Indulge yourself every now and then. Simply put, do what makes you happy. You deserve a chance to feel good. This isn’t to say you should just abandon responsibilities and live an irresponsible, but you shouldn’t feel guilty about treating yourself every once in a while.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Trial Lawyers

What are the rest of the lawyers going to do? What about the other 95 percent of trial lawyers who are not so great and not such good lawyers? How is a lawyer who is not at the top going to feed his family? His chances of getting your case against Exxon-Mobil are about the same as hitting the lottery. Many of my friends are personal injury attorneys and as a
trial lawyer myself, I think I understand that they think and dream about the one good case that will earn them enough to be on easy street. But the one good case never seems to come. Instead, most lawyers make a living by looking for somebody to sue and filing bad cases with bad facts. As long as a lawyer can find a potential defendant with even modest assets, he will attempt to make his case. If he doesn’t have a good case, he has to go with what he has. That’s how he makes a living.

The lawyer is willing to gamble that by filing a case he will be able to squeeze a settlement or play “lawsuit roulette” with the jury. Just like the population in general, from whom they are drawn, jurors can be confused and misled by emotional and irrational arguments. Experiments in human behavior show that most of the time individuals are unable to distinguish the truth from a lie. When asked to distinguish truthful from untruthful testimony based upon the demeanor and expression of the witness, in a majority of cases, the subjects in the experiment incorrectly identified the lie as the truth and the truth as the lie. The conclusion of the study has frightening implications. Jurors are more likely to believe a witness who is lying than one who is telling the truth.

This phenomenon has been understood and exploited for years by political leaders and others with a message to sell. A lie that is repeated forcefully and with conviction becomes accepted as truth. Think of the Nazi propagandists and the McCarthy type demagogues who convinced millions of people of the “truth” of their cause. More recently, public hysteria over so called “death panels” illustrates the relative ease with which fear and irrationality can be heightened and manipulated by skilled politicians to influence the outcome of the public agenda. Advertising messages repeated often enough are believed, regardless of the merits of the product and despite overwhelming evidence to the contrary. That’s the foundation of the advertising industry and is the basis on which political leaders and corporate interests present their programs.

In the same manner, a lawyer attempts to “sell” his case to the jury. Facts are distorted. Lies, half-truths, and perjured testimony are zealously advanced on behalf of the “injured” plaintiff. If things go right and the lawyer gets lucky or knows what he is doing, the jury will reward these efforts with a judgment for several hundred thousand or maybe a few million dollars. Every day in court a sympathetic plaintiff prevails against a wealthy or comparatively wealthy defendant— even in those cases which appear to be absurd, illogical, and utterly without merit.

Any lawyer who is still in business after a few years of practice has learned that the unpredictability of human behavior can be used to his advantage. The uncertainty of the outcome creates a potential risk of loss for even the most “innocent” defendant. Lawyers know that for most people the risk of financial loss also creates a highly uncomfortable level of emotional strain. If you have ever been sued—no matter what the cause—you understand that the unpredictability of the result and the possibility of economic loss can generate a severe degree of stress and emotional charge.

Free Initial Consultation with Trial Lawyers in Utah

It’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!

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West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Steps to Take Before Separating from Your Spouse

It may be tempting to rush into a separation when you feel your marriage is not going well. However, there are a few steps you should take before the separation to ensure you protect your own interests.

Here are a few of those steps:

• Get your papers in order. Examples of key documents include tax returns, mortgages, titles, wills, estate planning documents, credit card and bank account information, stocks and bonds, loans and any other agreements or contracts you have. These papers are important to have on hand anyway, but are especially vital in situations when you’re considering separation or divorce.
• Get financially prepared. Make sure you are going to be able to financially handle your separation. Try budgeting out your expenses as though you would be living by yourself, without your spouse’s income. This will give you a good idea of the type of financial burden you would be experiencing. You should also keep in mind the debts you and your spouse have incurred. You are still responsible for paying at least a portion of those debts, even if you are separated or divorced.
• Protect your valuables. Anything that’s valuable or meaningful to you should be kept safe so you can take it with you if you decide to leave. This could include jewelry, precious metals, furniture, electronics, old photographs, collections and other memorabilia. This will ensure these items don’t get lost in the shuffle if a divorce becomes necessary.
• Check your credit. Get a credit report and make sure you are in a sound credit situation. You may need to apply for a loan for a home or a vehicle after your separation or divorce. You should close any joint accounts you have and open accounts in your own name so that you alone are in charge of your credit.

It Is 10:00 p.m. — Do You Know Where Your Spouse Is?

Your spouse leaves the room each time the cell phone rings, and it rings a lot more lately. She works late a couple of times a week. Or, he takes care of the bills now, when you used to do them together. Another business trip?

Although Utah now has no-fault divorce, fault such as adultery can be used to influence settlement negotiations, or it can be considered by the court when making property or custodial decisions.

Spouses suspicious of their partners have never had it easier — whether by making use of devices like global positioning satellite (GPS) devices placed inside the family car, or snooping through electronic communications on cell phones, computers and Facebook.

The problem with looking for evidence of infidelity is the possibility of finding what you were looking for. Before you buy a GPS unit for this purpose, and before you invade the presumed privacy of your partner’s electronic files — think about what you will do if your gut instinct proves true. The suspicion alone is evidence that speaks to the condition of your marital relationship.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Fighting the Lure of Tax Havens

Naturally enough the high tax countries are not happy to see resources and tax money flow out of the country. As a tax attorney, I can tell you that there are huge government bureaucracies to maintain, expensive new weapon systems to be developed, and social programs to be financed. The top priority of every government is generating funds to carry out its policies. Every high tax country, with greater or lesser degrees of success, attempts to thwart the powerful and seductive appeal of the tax havens.

At least for now, the tax havens appear to be winning the war for the hearts and the wallets of the citizens of the world. The difficulty faced by the high tax forces is that it is impossible to physically block the flow of funds from one country to another. Money moves electronically, at the speed of light, from bank to bank. Every hour of every day trillions of dollars and francs and yen are shifted instantaneously between banks in every part of the world. Governments themselves use these electronic transfer systems to make purchases, pay debts, and settle accounts between each other. Shutting down this free flow of money around the world would seriously impair international commerce and economic life as it exists today.

The best that the high tax country can do is attempt to gather information from within its banking system about capital movements by individuals. This is not an easy task. On its face, a legitimate business transfer to an overseas account looks no different than a tax motivated transfer. For example, bank records in the home country may reveal that money was transferred from a domestic bank to a bank in Luxembourg. Whether this transaction was a normal business transaction or part of a scheme to avoid taxes cannot be determined from the record of the transaction itself.

More information is needed to determine the true character of the transfer. Officials in the home country can question the individual, but it is unlikely that this would be productive. What they would like to do is trace the money to see whether its uses are legitimate and whether the proper taxes are paid to the home country.

But now the tax haven country stands up to do its job. Officials in the home country as well as international tax attorneys say that they’ll be denied access to information about the funds and their recipient. Secrecy laws prevent disclosure of account information by the recipient bank. Home country tax officials must attempt to develop their case without the cooperation of the tax haven authorities. Sometimes the funds are moved rapidly through a series of banks in different jurisdictions, but this is only necessary when there is some doubt about security at the initial recipient bank.

Nations can and do make treaties with each other to exchange information, assist each other in law enforcement, and provide for convenient tax administration. But these treaties are generally between high tax countries with similar economic interests. The United States has an extensive network of treaties with the western European countries allowing for a mutual enforcement of judgments, minimal trade restrictions, and a comprehensive tax program for international transactions. The high tax countries have a mutual interest in cooperating with each other.

Tax haven countries, as a rule, do not enter into treaties which would impact their special services. The greater the level of cooperation with the high tax countries, the greater the impairment of its usefulness as a tax secrecy haven. Even when there is agreement for some form of mutual assistance, disclosure of information is limited to severe and enumerated criminal offenses. Tax violations are not included in this category.

The high tax countries are frustrated by their inability to restrict the natural flow of currency and tax dollars from high to low tax jurisdictions. This frustration inevitably leads to greater restrictions on freedom and privacy. Governments always want more disclosure and more reports about financial transactions to bolster their investigative powers. Sometimes the information which the government seeks is intended to protect legitimate interests in tax revenue and currency value. But too often, throughout history, we have seen that the government’s purpose in gathering information is to increase political power, carry out surveillance of political enemies, suppress dissent, or conduct any number of abusive activities against its citizens.

Governments want information about their citizens, and citizens want privacy and protection from the exercise of any government authority which threatens their financial security and accumulated wealth. The offshore havens satisfy the demand for financial privacy and security with a powerful arsenal of products designed to accomplish these specific results.

Free Consultation with a Utah Tax Attorney

If you are here, you probably have a tax law issue you need help with, call Ascent Law for your free tax law consultation (801) 676-5506. We want to help you.

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8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Dating After Divorce

Getting back into the dating world after a divorce can be exciting — as well as incredibly frightening. Before you decide to take this next step in your journey, there are a few questions you should ask yourself to be completely sure you are ready to date.

What outcome do I hope to achieve in this relationship?

What kind of relationship are you looking for? Are you all-in on looking for a new long-term partner, or are you simply looking for something light and fun? You do not have to have a desired outcome set in stone, but you should at least consider what your intentions are and what you hope to achieve.

You don’t have to have a serious intention with a relationship, but it’s good to at least set reasonable expectations so you can be more comfortable if you start to get serious with a new partner.

Have I taken enough time to heal after my divorce?

It can take some time to emotionally heal after a divorce. You should reserve some time for reflection and to get over the tough times you’ve recently experienced. If you are still feeling a lot of pain, hurt or anger, you may need more time before you seriously begin dating again. This is just as much for your potential new partner’s sake as yours — it is unfair to use another person as a means to get over your divorce.

What will I tell my children?

You should not give your children any details they do not need to know. It can be understandably difficult to bring up a new relationship to your kids, but you will not be able to hide it forever. Be as honest as you can, and speak with a counselor if you’d like further advice.

What to Know About Equitable Distribution in Utah

In Utah, the standard for divorcing couples is that their property will be divided in an equitable manner. Note that this does not necessarily mean an equal division, but instead a fair one. When making decisions regarding asset distribution, courts will consider what each spouse brought to the marriage and what each will need once the marriage has ended.

Some of the factors a judge will consider include the following:

• The income and property each spouse had at the time of marriage and the time of the divorce filing
• The length of the marriage
• The age and health of each spouse
• Any pension, inheritance rights and health insurance either spouse will lose due to the divorce
• Whether the court has awarded or will award alimony
• Whether the marital property is liquid or non-liquid
• Each spouse’s likely financial circumstances in the future
• The tax consequences of the divorce and asset distribution to each spouse
• Whether either spouse has purposefully wasted marital assets
• Whether either spouse has transferred marital property to another person or entity as a means of avoiding distribution

Only property acquired during the course of the marriage is divided by the court, with a few exceptions, such as inheritance or gifts. Examples of marital property include any income earned during the marriage by either spouse, the property purchased using that income, other properties purchased while married, retirement benefits either spouse earned during marriage and the appreciation of any assets (such as real estate or valuables) accrued during the marriage. Businesses and professional practices are also subject to equitable distribution if they can be classified as marital property.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Why Use a Lawyer?

via Michael Anderson https://www.ascentlawfirm.com/dating-after-divorce/

Why Use a Lawyer?

You may have just been in an accident. It may have been a dog bite, car accident or motorcycle accident. Many people wonder if using a lawyer is necessary to get the compensation they use. Here are a few ways decide if hiring representation is the best option for you.

Perform a Cost-Benefit Analysis

A cost-benefit analysis is where you measure the cost of hiring a lawyer versus the possible benefit of having one. An example of this is if you suffer a dog bite. The dog owner’s insurance company is willing to offer you $5,000, but your hospital bills and physical therapy are going to cost over $10,000. The lawyer you are considering charges $1,000 retainer and $50 per hour. He/she expects that it is going to take eight hours of work on your case. That brings your total to $1,4000. This means that you could gain $5,000 by using a lawyer with a cost of $1,400. In this instance, it is a good idea to hire a professional for your dog bite case.

How Complicated Is the Law?

Legal practitioners spend their whole careers studying the law. Probably you, like most other non-lawyers, spend almost no time studying the law. If you are involved in a complicated dispute such as a divorce, a difficult loss of a loved one or at risk of losing your license for a car or other accident, you should hire representation. They will know the best course to take to offer you the best chance of success.

There are many other reasons to consider hiring a lawyer. If you are in Salt Lake City and in need of representation, there are many great options that will get you the results you deserve. Don’t miss the opportunity for you to get the compensation you’re due. You don’t have to fight alone when you’ve suffered a loss.

HELPFUL TIPS FOR DRIVING SAFELY ON RURAL ROADS

From the outskirts of Salt Lake City to other, more remote parts of the United States, living in a rural area comes with its own unique set of perks. Familial privacy, spacious properties and a more intimate connection with Mother Nature generally atop the list of benefits for those who forego the convenience of living in a city for the family farm, ranch, cabin or distant home.

That said, while an escape from the hustle and bustle of an urban environment in Salt Lake City or elsewhere might be seen as a definite positive, it can be hard for new residents to adjust to the poor road conditions which often frequent rural settings, thus causing many an auto accident.

As is the case with just about anything in life, practice make perfect. In the meantime, however, if you’re still adjusting, there are a few things you can do to keep both you and your family safe from uneven rural roads.

First and foremost, it’s important that a motorist’s eyes always be on the lookout for danger, so as to avoid the need for a personal injury lawyer later on. Blind turns, sudden dips, potholes, muddy conditions and nearby farm equipment should always raise the level of caution a driver uses while out and about.

Furthermore, assume the worst will take place and prepare accordingly. This isn’t limited to an auto accident, mind you. Tire punctures, engine damages and even getting lost in the middle of nowhere happen more often than you’d think. Unfortunately, a cell phone or helpful lawyer won’t always be enough to get you out of trouble.

Just in case, always have extra gas, a spare tire, first-aid kit and spending money on-hand. Though not every auto accident is avoidable and a lawyer might very well be needed to help set the record straight, making a conscious effort to drive safely while on rural roads just outside of Salt Lake City—or any other removed location, for that matter—can do a wealth of good for rural motorists.

Free Initial Consultation with a Personal Injury Lawyer

If you’ve been injured and need legal help, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

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8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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West Jordan Utah Adoption Lawyer

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West Jordan Utah Adoption Lawyer

Whether you’re a step parent already helping to raise a child or a couple hoping for a new family member, the Utah adoption attorneys can help. We take the time to get to know each client and their situation personally, and will work with determination to get your adoption approved.

In Utah, adoption cases go through family court, which also handles divorces, custody issues and more. In most situations, the case begins with filing the correct documents. Then, a hearing is scheduled and a judge asks the adopting parent questions. Next, adoption documents are signed by the new parents and the judge signs an adoption decree. Finally, a new birth certificate will be issued by the Office of Vital Records and Statistics.

EXPERIENCED UTAH ADOPTION ATTORNEYS

Lawyers have extensive experience helping families adopt and arrange custody agreements for all kinds of married couples, including same-sex spouses and people in traditional marriages. We can help you navigate the ins and outs of Utah’s complicated adoption system, and we get to know you personally to help the process go smoothly for you and your family.

CHILD ADOPTION OPTIONS IN UTAH

There are numerous situations that lead couples to seek adoption in Utah, and the reasons range from wanting to share insurance benefits with the whole family to wanting to raise a child of your own when you and your partner are unable to conceive. Each kind of adoption comes with special rules and procedures, so we urge you to contact us at the beginning of the process. That way, you can avoid the missteps and confusion that can make adoption so difficult for some people. The types of adoption are:

• Step-parent adoption: In this situation, notice must be given to the noncustodial parent and he or she must consent, as must the married partner of the adopting parent and, in some cases, a legal guardian. Furthermore, the child must have been living with the adoptive parent for at least one year and must be at least 10 years younger than the adoptive parent. If the adoptee is 12 years old or older, he or she must consent to the adoption.
• Infant adoption: In these cases, the biological parents are entitled to receive counseling sessions and must be made aware of this right before adoption can occur. Often, these adoptions go through child placement agencies. The biological mother and, if he can be located, the biological father have to sign papers relinquishing parental rights.
• Out of state adoption: This is for a child 6 months old or younger, and it can occur only after the birth mother has properly notified the biological father. She must not have lived in Utah for at least 90 days.
• Foster child adoption: For either adoption or placement of a child in state custody, the new parents must be fingerprinted by the FBI and undergo a background check by the Dept. of Human Services for any history of child abuse or neglect, unless the child is being placed with a noncustodial parent or relative. For an adoption decree to go through, the court must find that adoption is in the best interest of the child.
• Immigrant adoption: Also known as alien child adoption, this is when a family wants to adopt a child aged 16 or younger who is not a naturalized citizen. The adoptive parents must have permanent residence in the United States and must provide evidence from the federal Immigration and Naturalization Service approving the process. The process for birth parents who live here but are not legal residents requires working with the FBI as well.
• International adoption: In these cases, a document from the foreign country is treated as if it were an adoption decree rendered by the Utah courts. The adoptive parents must register with the state and file for a new birth certificate.
• Adult adoption: This occurs for people who are 65 years of age or older or people aged 18 or older who have mental or physical impairments.

Free Initial Consultation with an Adoption Lawyer in West Jordan Utah

We love adoption cases. They are our favorite. When you need help with an adoption, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

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