Eve Hopkins: 2020

Friday, 13 November 2020

Divorce Bountiful

First things you need to make sure is that you must meet your state’s residency requirements before you file your petition (formal written request) for divorce in Bountiful, Utah. If you don’t, you won’t be able to start the divorce process. Each state sets its own laws regarding residency. The main factor in residency requirement laws is the period of time you’ve lived within the state where you plan to get divorced. Some states will let you file for divorce without a waiting period, if you currently live in the state. Others may require you to be a resident for anywhere up to a year before you can proceed with a divorce.

Grounds for Divorce In Bountiful, Utah

Divorces grounds are the legal reasons on which you’re basing your request that the court end your marriage. Grounds fall into two categories: fault-based and no-fault.

Fault-based grounds are those that require you to prove that your spouse did something wrong, which caused the divorce. Some typical grounds in this category are adultery, extreme cruelty (physical or mental), and desertion. Today, there aren’t many benefits to filing for a fault-based divorce. However, if your state views fault as a factor in determining alimony or division of marital property, it’s something to consider.

No-fault divorce is primarily based on “irreconcilable differences” or the “irretrievable breakdown of the marriage.” In short, these basically mean that you and your spouse can’t get along anymore, and there’s no reasonable prospect that you’ll reconcile. No-fault has become the avenue of choice in most divorces. There are various reasons for this. Because you don’t have to prove your spouse did something wrong, there’s typically less anxiety and tension during the divorce process. This is a big benefit, especially if there are children involved. Also, when you don’t have to fight about fault, the divorce may move more quickly. And, less arguing almost always translates into lower legal fees.

Child Custody and Parenting Time (Visitation) In Bountiful, Utah

Custody is frequently a hotbed issue in a divorce in Bountiful, Utah. But it’s important to note that custody isn’t the all-or-nothing proposition many people think it is. In deciding custody and parenting time issues, the law requires judges to think in terms of “the best interests of the child.” To the degree possible, that usually means having both parents actively involved in the child’s life. In light of this, “joint legal custody” is often the ideal outcome of a custody case. In this scenario, both parents have a say in the most important decisions in a child’s life, such as education, religious upbringing, and non-emergency medical treatment. “Sole legal custody” means only one parent is the decision-maker, but that’s much more the exception than the rule today. Joint legal custody doesn’t necessarily translate into “joint physical custody,” where a child lives with each parent anywhere from a few days a week to literally six months a year. For any number of reasons, joint physical custody may not be feasible or advisable. In that case, a court will award physical custody to one parent (“sole physical custody”), but normally provide the other parent with a parenting time schedule. A typical parenting schedule will have a parent spending time with the child one or two evenings a week, and every other weekend, perhaps with extended time during the summer. But judges will look at parenting time on a case-by-case basis, and try to tailor a plan that best suits both parents’ schedules.

Bountiful Utah Divorce and Child Support

Both parents are responsible for financially supporting their children. Bountiful, Utah utilizes child support guidelines to calculate how much money a parent must contribute. The amount of support owed is primarily based on a parent’s income, as well as the amount of time the parent will be spending with the child. Child support will usually also encompass other elements, such as a child’s medical needs (like health insurance and medical bills not covered by insurance).

Bountiful Utah Alimony in a Divorce

The laws regarding alimony, which is also known as “spousal support” or “maintenance,” have evolved over the years. The current trend is away from lifetime or permanent alimony, which is now typically reserved only for long-term marriages generally considered to be anywhere from 10 to 20 or more years, depending on your state. For example, one type of limited spousal support is called “rehabilitative” alimony. Judges will award this for a period of time they believe will allow a spouse to viably enter the workforce, or perhaps learn certain skills that will make the spouse more employable. The object is to have the spouse become self-sufficient. 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 effort and costs they expended in furthering the other spouse’s education.

Some common factors a court considers when awarding alimony in Bountiful, Utah are:
• a spouse’s actual need, and the other spouse’s ability to pay
• the length of the marriage
• each spouse’s age and health (both physical and emotional)
• each spouse’s earning capacity and level of education
• parental responsibilities for the children
• the division of marital property between the spouses, and
• income available to either spouse through investment of that spouse’s assets.

Distribution of Property in a Divorce Bountiful Utah

In most divorces in Bountiful, Utah couples will have to divide property and debts. The general rule is that family courts will divide a couple’s marital property meaning property they acquired during the marriage. This would include assets such as real estate, bank accounts, and so forth. How a court goes about doing this depends on whether you live in an “equitable distribution” state or a “community property” state. Most 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, it’s not guaranteed that each spouse will get an equal amount. In a community property state, the court will divide all marital assets on a 50-50 basis, unless there is some reason to deviate from this standard rule. In both equitable distribution states and community property states, you usually get to keep any property that you own separately. Separate property generally includes any assets you owned before the marriage and some types of property you may have acquired during the marriage, such as gifts and inheritances. If something is confirmed as “separate property,” it will remain exclusively yours and won’t be divided between you and your spouse during the divorce.

The Divorce Process In Bountiful, Utah.

A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.

Serving the Divorce Petition In Bountiful, Utah.

The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.

Divorce Petition Response

The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.

Final Steps of a Divorce

Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.

The Different Kinds of Divorce In Bountiful Utah.

There’s not just one way to divorce. The differences can be in the law, like fault or no-fault, or in the way you and your spouse approach it, like uncontested, contested, or default. No matter how you slice it, divorce is expensive and time-consuming. The most important variable is how well you and your spouse are able to put aside your anger and grief and cooperate on the big issues of money and children. The better you are at working together to make decisions for your changing family structure, the better for your bank account and for your chances of emerging from the divorce with a decent relationship with your ex.

Uncontested Divorce

The best choice, if you can make it happen, is an uncontested divorce. That’s one in which you and your spouse work together to agree on the terms of your divorce, and file court papers cooperatively to make the divorce happen. There will be no formal trial, and you probably won’t have to ever appear in court.

Default Divorce

The court will grant a divorce by “default” if you file for divorce and your spouse doesn’t respond. The divorce is granted even though your spouse doesn’t participate in the court proceedings at all. A default divorce might happen, for example, if your spouse has left for parts unknown and can’t be found.

Fault and No-Fault Divorce

In the old days, someone who wanted a divorce had to show that the other spouse was at fault for causing the marriage to break down. Now, every state offers the option of “no-fault” divorce. In a no-fault divorce, instead of proving that one spouse is to blame, you merely tell the court that you and your spouse have “irreconcilable differences” or have suffered an “irremediable breakdown” of your relationship.

Mediated Divorce

In divorce mediation, a neutral third party, called a mediator, sits down with you and your spouse to try to help you resolve all of the issues in your divorce. The mediator doesn’t make any decisions; that’s up to you and your spouse. Instead, the mediator helps you communicate with each other until you can come to an agreement.

Collaborative Divorce

Collaborative divorce involves working with lawyers, but in a different way from the usual expectation. You and your spouse each hire lawyers who are trained to work cooperatively and who agree to try to settle your case. Each of you has a lawyer who is on your side, but much of the work is done in cooperation. Each of you agrees to disclose all the information that’s necessary for fair negotiations, and to meet with each other and both lawyers to discuss settlement. You all agree that if your divorce doesn’t settle through the collaborative process, your original attorneys will withdraw and you’ll hire different attorneys to take your case to trial.

Divorce Arbitration

In arbitration, you and your spouse agree that you’ll hire a private judge, called an arbitrator, to make the same decisions that a judge could make, and that you will honor the arbitrator’s decisions as if a judge had made them.

Contested Divorce

If you and your spouse argue so much over property or child custody that you can’t come to an agreement, and instead take these issues to the judge to decide, you have what’s called a contested divorce. You’ll go through a process of exchanging information, settlement negotiations, hearings, and, if you can’t resolve the case after all that, a court trial. If this sounds like your situation, you’ll want to talk to a lawyer.

Divorce In Bountiful Utah

When you need to get divorced and you live in Bountiful Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

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ASL Lawyer

These Guidelines are designed to help judges, lawyers, and others involved in the Utah Judiciary
• Understand the unique communication needs of Deaf people who use a sign language of another country (i.e., not American Sign Language [ASL]) or who are not able to communicate successfully in ASL and
• Provide guidance for improving the odds of successfully accommodating those needs. These are Deaf persons who have little or no mastery of American Sign Language and for whom the traditional accommodation of providing the services of American Sign Language interpreters alone is insufficient for ensuring equal access to court and other judicial proceedings and services, or satisfying ADA requirements for accommodating disabilities.

Background on Two Classes of Deaf Persons Having Special Needs
There are two classes of Deaf persons generally considered to need the kinds of special accommodations. The first consists of those who are immigrants, migrants, or refugees who have come to this country from abroad and are fluent in their native sign language (e.g., British, Polish, or Spanish Sign Language), but who have acquired little or no American Sign Language. Thus the use of an American Sign Language (ASL) interpreter is not a sufficient accommodation to secure satisfactory communication. The second class consists of Deaf persons who, due to numerous environmental factors combined with physiological deafness, can result in a juvenile or adult who has limited communication skills and has either limited or no facility communicating in ASL. These factors include:
• Limited opportunities for acquisition of ASL. Some Deaf people do not interact with the signing community and this inhibits their exposure to and acquisition of ASL.
• A bilingual home/school environment, e.g., deaf children born into Spanish-speaking homes who lip-read and hear Spanish until entering public school where they are exposed to lip-reading and hearing English accompanied by signs.
• The presence of a secondary handicapping condition such as mental retardation, a learning disability, or mental illness.
• A lack of natural language development during the crucial ages of 0-5 years, e.g., a deaf child born into a hearing family in which no one signs.
• Limited or no formal education.

• Social isolation. Some Deaf people lead their lives isolated from both the hearing and Deaf worlds. They may lack the general social and cultural knowledge necessary for communication in any language.
Deaf-Hearing Interpreter Team Required
A team of interpreters should be formed which includes one or more of each of two kinds of certified interpreters. First, one or more certified interpreters of American Sign Language (ASL) is essential. These are persons who meet requirements established in Utah law and the Standards for Using Interpreters in Utah and who provide the link between what speakers say in English and the Deaf interpreter. Second, one or more Certified Deaf Interpreters (CDI) is required. The CDI is a Deaf person who holds a valid Certified Deaf Interpreter (CDI) certificate from the National Registry of Interpreters for the Deaf, Inc. and who brings to this challenging interpreting situation native ASL fluency, professional training as an interpreter, and a lifetime of personal experiences as a Deaf person. CDIs share with Deaf individuals the experience of sometimes having to mime and gesture their way through life with the non-signing public. This professional interpreter provides the link between the ASL interpreter and the Deaf party or witness who has limited or no ability to communicate in ASL.

Consecutive Mode Required

Working with a Deaf-Hearing interpreting team requires the strict use of the consecutive mode in all situations. This means the ASL interpreter begins interpreting into ASL only after the English speaker has completed an utterance. Once that interpretation is completed, the CDI then begins interpreting to the Deaf person using a variety of visual/gestural communication techniques. The process will be repeated in the reverse when the Deaf person is the source of the message to be interpreted. This means that simultaneous interpretation is not viable in this context.

Understanding Silent Communication

The process of communication in these situations will not always be as linear. Persons who communicate in ASL continuously exchange signed and non-verbal feedback in order to monitor the success of the communication. To the inexperienced observer, these exchanges could appear to be inconsistent with the unbiased role of the interpreter; however, they are in fact essential for successful communication in visual languages. The feedback exchanged between the ASL and Deaf interpreters occurs primarily to clarify a source message. For example, the ASL interpreter may ask the CDI for verification or clarification before rendering an interpretation into English. The feedback that occurs between the CDI and the Deaf party may include not only similar attempts to verify and clarify, but also a variety of strategies to convey the message and fully ascertain the response.

Tolerating Silent Communication

There will be periods of silence throughout this process. These periods of silent communication may make the court and the attorneys uncomfortable or frustrated. Judges and attorneys should understand and patient since this signing is related to communicating the question to the witness and ascertaining the witness’ response, nothing more and nothing less.
Use of Alternate Forms of Communication
The interpreters should be given wide latitude in using alternative forms of communication between themselves and the Deaf persons they are assisting who are not competent in ASL. The interpreters may need to use concrete objects such as paper and pencil for drawing, calendars, clocks, pictures, and dolls to supplement their gestures and signs. Additional space may be needed to allow the Deaf person to physically pantomime what happened.
Guidelines for Asking Questions to Deaf Persons with Limited or No Ability to Communicate in ASL
The normal process by which attorneys and judges ask questions in a court of law will not usually work successfully with either of these types of Deaf persons. The following suggestions are designed to help attorneys or judges adapt their styles of asking questions to have the best likelihood of succeeding in eliciting successful answers from these types of Deaf parties and witnesses:
• Keep questions brief and as specific as possible. For example, the Deaf person may not recognize or use any of the conventional ASL signs for the word detective. However, when permitted to act out the story of his arrest, the CDI may gesture the officer flashing his badge out from under his shirt.
• Avoid vague or abstract questions.
• Avoid double negatives.
• Present questions in sequential time order of the actual series of events in question. Switching back and forth between or among verb tenses can hamper communication.
• When the Deaf party or witness is unable to answer any other form of a question, the court should consider allowing leading questions.
• The court should be prepared for and permit the interpreters to request clarification from counsel periodically throughout questioning. The interpreters may need to know what the situation looked like visually in order to communicate the concept to the witness. This may necessitate sidebar discussions or can be part of the open court record at the discretion of the trial judge.
• The court should be prepared for the hearing interpreter to use a variety of vocal intonations when rendering the witness’ response in English. These inflections will correspond precisely to the tone and affect of the witness’ signed response.

Instructions to the Jury When a Deaf Witness Who Has Limited or No Ability to Communicate in ASL Testifies

One characteristic of the communication style of these types of Deaf persons, i.e., nodding throughout any conversation, warrants special attention by the court. Judges should advise juries of the following:
• When the Deaf witness nods, it is in no way an indication that he or she understands what is being communicated. It may merely indicate a willingness to continue the conversation.
• Similarly, nodding is no way an indication that the Deaf person is answering “Yes” or “No.”
• Ignore the nods and wait for the interpreters to render the complete response before drawing any inferences about what the witness said.
How to Become a Legal Interpreter
Legal interpreter translates spoken words from one language to another in legal settings, such as courtrooms and law offices. The work can be stressful, as interpreters need to keep pace with speakers, and their interpretations can have legal ramifications. Some interpreters have variable work hours, particularly those who are self-employed.
Steps To Be a Legal Interpreter
Step 1: Study a Foreign Language in High School
Although it’s ideal to be raised multilingual, prospective legal interpreters can also develop the necessary language skills by learning at least one foreign language in high school, such as Chinese or Spanish. Consider learning a language that might be most in demand. Aspiring legal interpreters should also focus on English classes in high school, since their career relies on precision in this language as well.
Step 2: Get a Bachelor’s Degree
Many courts and other employers require that legal interpreters have a bachelor’s degree. Students don’t have to major in a foreign language, but it can be helpful. They can also benefit from choosing legal studies as a major or minor in order to learn the legal terminology required by the profession.
Step 3: Receive Formal Training and Gain Experience
Individuals interested in becoming legal interpreters can develop their skills through training programs and workshops offered through state courts and local or national interpreter associations. Some colleges also have training programs that teach legal interpreting skills. Most programs are certificate or associate degree programs, offering courses such as legal procedure and language, linguistics, and interpersonal communication. Some of these classes may be taken as part of or in conjunction with a bachelor’s degree program. Aspiring interpreters may also benefit from internships or volunteering to gain hands-on experience in their field.
Step 4: Fulfill Court Requirements and Find Employment
Most state courts mandate that legal interpreters pass a certification exam given by the court, a professional organization, or other agency. Many states recognize certification administered by the Consortium for Language Access in the Courts. Certification is also offered by the National Association of Judiciary Interpreters and Translators. Within the federal court system aspiring legal interpreters may find work as either certified interpreters, professionally qualified interpreters, or language skilled interpreters, depending on their professional credentials.
Step 5: Seek Career Advancement Opportunities
Experienced interpreters may consider pursuing supervisory positions or even starting their own firms. Individuals interested in becoming legal interpreters should have a bachelor’s degree in a foreign language, translation studies, or legal studies, and certification is typically required by the court system.

How Much Does an Interpreter Cost?

While translators work with the written word, interpreters focus on the spoken word. Professional speech interpreters frequently work in the business, healthcare, social work or judiciary fields, according to the Bureau of Labor Statistics. Available for contract work such as guiding international travelers, interpreters may also interpret at conferences, legal trials or corporate events. Phone and video interpreting services have increased in popularity with the advancing technology.
Typical costs:
• Interpreting may take place in person, over the phone or via video phone.
• In-person interpreters typically cost $50-$145 per hour. For example, American Language Services offers interpreters starting at $100 per hour (or $125 for sign language) and a two-hour minimum is required.
• Phone interpreters typically cost $1.25-$3 per minute. Language Translation, Inc. offers a flat fee of $1.88 per minute for phone interpreting, for example.
• Video interpreters typically range from $1.75 to $7 per minute. For instance, LifeLinks offers video interpreting from $2.25 per minute for any language and $2.95 for sign language. A 15-minute minimum is common for phone or video interpreting.
What should be included:
• Interpreters may specialize in languages ranging from French to Mandarin, and agencies should offer a number of qualified interpreters representing the majority of world languages. Sign-language interpreters are specially trained to relay speech to the hearing impaired, typically in American Sign Language. In-person interpreters should be booked several days to weeks in advance, depending on the agency.
• Interpreter qualifications vary by state. For instance, Utah requires court interpreters to have some form of certification, but not for medical interpretation, according to the Utah Association of Professional Interpreters. Conference Interpreters may be active members of the International Association of Conference Interpreters.
• Phone or video interpreters working with large call centers are typically available 24 hours a day, 7 days a week. No advance reservations are needed for this service.

Additional costs:
• Travel time is typically billed extra, as an hourly rate or a set fee. For instance, interpreters working with the Utah Courts cost an additional 45 cents per mile or $40 per hour for travel outside of their county.
• A two-hour minimum is common for in-person interpreters, so clients must pay extra if less than two hours of services are required.
• It is common for sign language interpreters to switch off every 15 or 20 minutes, according to the Utah Commission for the Deaf and Hard of Hearing, because of the mental stamina required to interpret for long periods. Therefore, if an event is scheduled for longer than two hours, a second interpreter may be required.
• Unless otherwise stated, international phone calls may incur additional charges on top of the phone interpreter’s fees.
Shopping for an interpreter:
• Search the online directory at the American Translator’s Association for a list of interpreting service companies and individuals.
• The Center for the Deaf and Hard of Hearing offers a list of tips for working with a sign-language interpreter, both before and during an event.

ASL Lawyer

When you need legal help from an ASL Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Thursday, 12 November 2020

Best 84070 DUI

Driving under the influence is a crime, but the idea of getting arrested for DUI for the very first time may not faze many people. After all, it’s a first-time offense, and the law is quite lenient on first-time offenders. While most states categorize first-time DUIs as a misdemeanor, the consequences, both short-term and long-term, remain serious. If ever you’re arrested for a DUI, you will need to fully understand not just the punishments that come with a DUI conviction, but it’s possible long-term impact on your life as well.

Here are the things that will happen when you’re arrested for DUI for the first time.

• You Will Be Booked: As with any other crime, you will be brought to the nearest police station or jail, where your mugshots and fingerprints will be taken. If you’re allowed to post bail, and someone pays for it, you can be released immediately.

• You’ll Be Ordered To Appear In Court: A ticket or a summons will be handed to you at the time of your arrest to inform you of the date you must show up in court for your DUI hearing.

• Your License Will Be Suspended: Depending on the state, your driver’s license will be suspended immediately after the arrest if you say no to a field sobriety test or a breathalyzer or blood test, or it will come as part of your sentence once you’re convicted of DUI.

• You Can Go To Jail: Some people believe that first-time DUI convicts are only given probation. The truth is, jail terms for first-time DUI offenders are now mandatory in an increasing number of states. As first-offense DUI is classified as a misdemeanor in all states, a conviction could mean up to six months in jail. The sentence, however, may be lengthened if there are aggravating circumstances. Typically, however, first-time DUI offenders serve shorter jail terms and spend the rest of the time on probation or performing community service.

• You Will Pay Fines: The fines that courts hand down for DUI convictions may vary from state to state. For a first-time DUI offender, you could be looking at fines of up to $1,800 depending on the state where the offense was committed.

• Your Car Insurance Rates Will Soar: Expect to see a sharp increase in your car insurance premiums once your provider learns of your DUI arrest and conviction. The hike could be a few hundred dollars, but it’s not unheard of for insurance rate hikes to reach thousands of dollars. Finding a car insurance company at an affordable rate is going to be tough if you have a DUI conviction haunting you.

• You Have To Undergo An Alcohol And Drug Education Program: A first-time DUI convict often gets ordered by the court to complete an alcohol and drug education program. Finishing this program is typically a prerequisite to getting one’s driver’s license reinstated. Under the program, you have to attend hours of drunk driving prevention classes and pay for them as well. Your drinking habits will also be assessed under this program, with a trained counselor performing the evaluation to determine if you are suffering from alcohol abuse disorder. Once the evaluation shows that you have an alcohol problem, the counselor may recommend a court-approved alcohol treatment program before your driving privileges are restored.

Does A DUI Conviction Mean You Have A Substance Abuse Problem?

The legal and financial consequences of getting arrested and convicted for a DUI are bad enough, but one thing first-time DUI convicts should think about is what it might be telling them about their own health and well-being. If you find yourself at the receiving end of a first-time DUI, it doesn’t necessarily mean that you have a substance abuse problem. It’s possible that you are just a light to moderate drinker who made a bad decision to drink and drive. Nevertheless, a DUI arrest and conviction is a serious sign that you need to contemplate your alcohol consumption. It would be great if you, like most drivers arrested for a first-time DUI, make adjustments to your behavior regarding drinking and driving. However, if you continue to drink and drive and become a repeat offender despite the negative consequences, then you are waving a big, red flag. While it’s not irrefutable proof of addiction, it’s a tell-tale sign that you may have an alcohol problem on your hands, and you will likely need professional help.

Get the Services of an Experienced DUI Attorney

Should you ever get arrested on suspicion of DUI, waste no time in hiring a skilled and experienced DUI lawyer to represent you. As a specialist in laws that covers driving under the influence offenses, a DUI lawyer is the best-equipped person to help you get the best possible result for your first-time DUI case.

What Happens When A Person Gets A DUI Or DWI?

Once a person is pulled over, and their blood alcohol concentration is analyzed, the officer will determine if they will remain in custody. Arrested individuals with a BAC of .08 or higher are typically held in jail. The terminology for drunk driving may vary per state, but some of the most common include:
• DUI: driving under the influence
• DWI: driving while intoxicated
• OWI: operating while intoxicated

Once released, the person will likely receive a court date where they will then be sentenced. Sentencing requirements for a DUI or DWI vary on a state-by-state basis; however, minimal penalties often require fines and a revoked license. As part of sentencing for a DUI or DWI, a person may be required to enroll in a court-ordered alcohol addiction treatment program. Mandated treatment means that a person must enroll in treatment as part of their sentencing requirements. If they don’t, they could face legal repercussions. In order to determine the scope and necessity of court-ordered treatment, a person is evaluated to determine if there:
• is a risk for impaired driving in the future.
• is a risk of crash involvement in the future.
• are any issues or circumstances that intervention and treatment should focus on.
Evaluating a person’s risk for continued alcohol abuse and their need for treatment generally takes place in two parts. First, just before or after a referral for treatment is made, a person will likely be screened so that the courts can determine what treatment should be required. Once a person is about to enter treatment, or just after they arrive, a more in-depth evaluation, or assessment occurs. This clinical assessment determines how severe a person’s drinking problem is, what treatments could be used to treat it and how long treatment should be.

Treatment For A DUI

The specifics of court-mandated treatment may differ per person and be dependent on the exact circumstances surrounding their arrest. First-time offenders may have a lighter sentence compared to repeat offenders who have had a previous DUI or DWI. While it isn’t necessary to hire a lawyer, legal representation could help a person during the sentencing process. Every DUI offender comes from a different walk of life, potentially experiencing varying levels of alcohol abuse. Sentencing and treatment referral may take into account other factors that could influence the odds of a person experiencing an alcohol-related traffic problem in the future. An example could include a comorbid condition, such as a co-occurring mental health disorder. From this, the court will determine the duration, frequency and intensity of treatment required for each offender. Treatment may be brief and encompass only one or two sessions, take place in an outpatient program and last several weeks or months or include inpatient treatment followed by aftercare. Treatment is often held in a basic alcohol addiction treatment program located in a person’s community, however, options out of town may be available. Additional court-ordered interventions could include:
• Alcoholics Anonymous (AA)
• educational programs
• supervised probation
• victim impact panels
While it can be vastly beneficial for a person to choose getting help on their own, research has shown that involuntary treatment, such as court-ordered rehab, can be effective. According to the National Institute on Drug Abuse, this treatment could increase:
• treatment entry
• retention rates
• a person’s measure of recovery success
Once a sentence is issued and treatment is required, many people may be quick to enter treatment just to get it over with. Though this is understandable, looking at treatment as an opportunity to regain a healthier and more balanced life, in addition to learning sober living skills, can help a person get more out of their program. Because of this, and if the court permits, it can be helpful to research treatment options, prior to selecting a treatment program.

Finding Treatment For A DUI

While it could be tempting to enroll in rehab only for the minimum amount of treatment required, or in a program offered nearby, better options could exist. Court-ordered treatment can be an excellent opportunity for a person to pursue treatment for longer or in a more specialized setting. If it fulfills the sentencing requirements, choosing an out-of-town addiction treatment program could give a person a better chance of successfully recovering from an alcohol use disorder.

How Long Does A Typical DUI Case Last?

The DMV hearing is typically scheduled about four to six weeks after the request, and the person is usually either cited in or bailed out for about three or four weeks after the arrest. On a misdemeanor DUI in Utah, the person charged with a DUI will not have to appear in court. Their attorney will make all their court appearances for them so that they don’t miss work, school or time with their family. The first court appearance is for filing the complaints and arraignments; if the district attorney’s office is ready to file the complaint, they will do so that day. Often they need more time to file the complaint. This happens when the blood test results haven’t yet been received from the lab. At that first appearance, the DA might announce to the judge that they need more time to gather information before they will be ready to file a complaint. If they are ready to file the complaint that day, then when the attorney appears in court, the DA will give them a copy of the criminal complaint as well as the police report and the test results. The attorney typically enters a plea of not guilty on behalf of his or her clients. He or she then asks the judge to set the case for a settlement conference in a few weeks. After the attorney has the police reports and a copy of the complaint, they can order additional discovery or evidence that might be needed for the case. Those might include recordings or photographs that were taken during the DUI arrest. The CHP typically records almost all of their traffic stops with a dashboard camera. That gives us an opportunity to order a copy of the video. We can also get copies of any photographs that were taken, any other audio or video recordings that were made, and copies of the calibration and maintenance records of any Breathalyzer machines that were used. If there was a blood test, we would also be able to have that blood retested by an independent laboratory.

DUI Process

The first thing an attorney should do once they are retained is request the DMV hearing so that they can try to save the person’s driver’s license from the administrative suspension. The attorney should also start gathering information from the client as quickly as possible while their memory of the event was still fresh. They will want to know everything about the DUI stop and everything about the client’s history and their particular situation that might be relevant to the DUI stop. Again, it’s important to get all this information as soon as possible.

Consequences Of A DUI

The person could face a fine. They will face DUI school for a first offense. That can be six weeks, three months or even nine months. They also face a suspension of their driver’s license for anywhere from six months to a year, depending on whether or not they refused the chemical test. A person convicted of a first time DUI can be sentenced to anywhere from two days to six months in the county jail. A typical sentence for a first-time DUI would be somewhere in the neighborhood of 2 to 30 days, depending on the circumstances. In most cases, however, the jail sentence would be served on a jail alternative program known as work release. This is where the person works one eight-hour day for the county in exchange for a day of jail. They can do this on weekends or their day off. In addition, they will be on informal court probation for three years. During that time, if they violate any law or drive when they are not licensed or insured, or if they drive with any measurable amount of alcohol in their system, they can be brought back before the court and charged with a new crime as well as violation of their court probation.

Factors Which Make the DUI Case More Difficult

Getting into an accident makes it worse in terms of the ultimate punishment, even if nobody is hurt, including the driver. The DA and the judge will treat that more severely. Other things that can make the case worse are if a person refuses the chemical test. Punishment will be harsher if the person has a high blood alcohol level. In Utah, there is an enhancement if the person’s blood alcohol level is above a 0.15. There is another enhancement if the blood alcohol level is above a 0.20. And if the blood alcohol level is above 0.20, the judge and the DMV will require a person to complete the longer term of nine months of DUI school. Excessive speeding during a DUI enhances the sentence and makes things worse. It can even be made worse if the DUI occurred in a safety or construction zone. There could be an enhancement for drinking and driving with a minor under the age of 14 in the car. In that case, a person will likely be charged with a misdemeanor or felony child endangerment. That charge carries additional penalties, punishments and probation far beyond what the DUI could impose. Someone who was under 21 can also face additional penalties, because they would lose their license for a year. And, obviously, if anyone was injured, the penalties would be more severe.

Common Mistakes By Clients

The biggest mistake people make is giving the officer too much information. It can be very difficult to negate those tests if a person said too much about how much they had to drink or when they were drinking. Having a bad attitude with the officer can make the report look even worse. Doing very poorly on the field sobriety tests would obviously also be bad.

How Do Past DUI Convictions Work?

The attorney needs to know if you have ever been arrested or convicted of a DUI before. In Utah, it is considered a second DUI if you are arrested and charged within 10 years of your last DUI. DAs typically can see a previous DUI on someone’s record, even if was more than 10 years earlier, but in that case, you would not be charged with a second DUI. Still, they will make the punishment more severe because, even if the first DUI was more than 10 years ago, the current one is not truly a first offense.

DUI Lawyer

When you need legal help with a DUI charge in Utah, please 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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Utah Code 57-1-4

Utah Real Estate Code 57-1-4: Attempted Conveyance Of More Than Grantor Owns — Effect.

A conveyance made by an owner of an estate for life or years, purporting to convey a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer.
In legal terms, conveyance refers to transferring the title of real property from one person to another. A conveyance occurs when the owner of real estate transfers the ownership of that property to another party. This could be a home, or some other property such as commercial real estate. A conveyance can occur in full, or the owner may choose to transfer only a portion of the ownership interest.

Conveyances may occur in many different ways, including but not limited to:
• Through a sale of the land or property;
• Through transfer as a gift; or
• By inheritance, such as through succession laws.
In general, statute of frauds laws require that any type of real estate sale is to be recorded in a written contract. Thus, a conveyance of title to real estate must be in writing if it involves a sale. This is to help avoid any disputes or breaches of contract in the future, as well as to establish the legal owner of the property for other purposes, such as taxes. The owner of the property, or the “grantor,” must utilize words of conveyance in order to transfer an interest in property to the person receiving the property, or the “grantee.” Words of conveyance show the intent to transfer the title of a parcel of real property and are typically required by law, although the exact words required may vary by jurisdiction. Transfer of the actual, physical deed does not need to happen, so long as the person clearly expresses their intention to make the conveyance. The deed itself must be written, signed, dated, and should contain a description of the land being transferred. Additionally, in order for a valid conveyance to occur, there should be no title defects, such as an improperly recorded title. In general, there are four main types of real property conveyances. Variations do occur within the four main types of conveyances. However, courts will not typically recognize the transfer if the language of the conveyance does not fit within one of the four main categories.
• Fee Tail: Fee tails are intended to preserve the estate in the bloodline of the person receiving the property. Thus, only the children of a fee tail holder will benefit from the fee tail. Once the holder of a fee tail dies without leaving behind any children, both the bloodline and the fee tail end, and the property returns to the original grantor. Fee tails are a type of conveyance that transfers an interest in real property to another, but restricts any further sale or transfer of the property. Fee tails are also referred to as restraint on alienation, and are abolished in nearly every state.

• Fee Simple Absolute: A fee simple absolute is a conveyance of real property that gives absolute ownership in the property. The holder of a fee simple has both the present and future interest in the property. The duration is indefinite, and the interest is not subject to any specific conditions. At any time, the holder may sell all or part of the property, or distribute the property at their death through a will. These rights are commonly thought of as simply ownership of the real property, and is the most broad category of property interest;
• Life Estate: Life estate refers to an interest in property that is measured by the duration of someone’s life, typically the person who is to receive the property. Once the life tenant dies, the property is transferred to the person who holds future interest. A life tenant is generally entitled to all uses and profits from the property; however, the life tenant does not maintain any rights to transfer the property when they die. As such, they do not have the right to commit waste (acting in any way that would cause the property to lose value, neglecting the premises, etc); and
• Fee Simple Defeasible: A fee simple defeasible conveyance may have certain conditions or limitations placed on the transfer of property. If these conditions are violated, or are not met, the property either goes back to the original grantor, or a specified third party. There are three different types of fee simple defeasible:
 Fee Simple Determinable: The interest in the property is automatically ended when a condition is violated or unmet;
 Fee Simple Subject to Condition Subsequent: Transfer where the violation of the condition would give the original owner of the property the option to take back the property; and
 Fee Simple Subject to Executory Limitation: This conveyance confers a future property interest to a third party, not the original owner.
Conveyances of property may be disputed. Disputes over real property and the conveyance of real property occur frequently, especially when the grantor fails to provide clear and legal words of conveyance. Some examples of common conveyance disputes include:
 Attempts to convey property that the grantor does not actually, legally own;
 Will or trust disputes;
 Issues with defective or improperly recorded titles, as previously mentioned; or
 Conveyances based on fraud or deceit.
If a conveyance, or failure to convey, results in a measurable loss, legal action may be taken. Examples of remedies include damages awards and court injunction, such as an order that requires the defendant to transfer the title to the property’s buyer.

Things To Know About Conveyance Deed And Why It Is Important

In the wake of the rising number of instances of fraud and bogus selling of properties, it’s the conveyance deed or the sale deed that gives legal protection to the ownership of your property. By understanding the basics of a conveyance deed, you can guard yourself against getting duped.
 There is a little difference between the sale deed and the conveyance deed. All sale deeds are conveyance deeds but not vice-versa. Gift, mortgage, exchange and lease deeds are also types of conveyance deed.
 Governed under the Registration Act, a conveyance deed is an important document for a buyer as well as the seller because a purchase is not legally complete until it is signed by both the parties.
 A conveyance deed is made on a non-judicial stamp paper keeping the agreement to sell as the blueprint.

 The document has all the details needed to carry out for the transfer of the property title. This includes the full names of the buyer and the seller, their addresses, etc. The actual demarcation of the property in question, chain of the title of the owners, and the method of the delivery of the property are also stated.
 In the deed, the seller is also required to certify that the property is free from any legal encumbrance.
 If some loan is taken against the property, the mortgage should be cleared before proceeding, if it’s a sale deed. It’s always better to personally check with the local sub-registrar’s office.
 In case of sale deed, it would also mention the money received towards the sale transaction.
 The document would also state the exact date on which the property would be physically handed over to the new owner.
 Within a period of four months of the execution of the deed, all the original documents related to the sale of the property should be produced before the registrar for registration.
 The conveyance deed is also required to be signed by at least two witnesses with all their details included.
 After the conveyance deed is signed, it has to be registered at the local sub-registrar’s office by paying the registration fee.
Although states vary in indicators of fraud which are recognized the following factors, among others, may be used to infer fraudulent conveyance:
 An inadequate or fictitious consideration or a false recital as to consideration;
 The fact that property is transferred by a debtor in anticipation of or during a pending suit;
 Transactions which are not in the usual course or method of doing business;
 The giving of an absolute conveyance which is intended only as security;
 The failure to record the conveyance or an unusual delay in recording the payment;
 Secrecy and haste are ordinarily regarded as badges of fraud but are not in themselves conclusive of fraud;
 Insolvency or substantial indebtedness of the grantor;
 The transfer of all the Debtor’s property, especially when she is insolvent or greatly financially embarrassed;
 An excessive effort to clothe a transition with the appearance of fairness;
 The failure of parties charged with fraudulent conveyance to produce available evidence or to testify with sufficient preciseness as to the pertinent details, at least in cases where the circumstances under which the fraud, transfer took place are suspicious;
 The unexplained retention of possession of property transferred by Grantor after conveyance;
 The buyer’s employment of the seller to manage the business as before, selling the goods which were the subject of the transfer;
 The failure to examine or to take an inventory of the goods bought or the presence of looseness or incorrectness in determining the value of property;
 The reservations of a trust for the benefit of the grantor and the property conveyed;
 The existence of a blood or other close relationship between the parties to the transfer.
Conveyance Deed mean
One should first understand the meaning of ‘Deed’. It is a written document that is sealed and signed by all parties involved in property transaction (buyer and seller). It is a contractual document that includes legally valid terms, and is enforceable in a court of law. It is mandatory that a deed should be in writing. When each party agrees and all the liabilities has been fulfilled as per the agreement of sale of any property, a final document is signed by the seller in favor of the purchaser. This documents that all rights of seller over a property henceforth has been transferred to the purchaser. This is the deed of conveyance.
“Conveyance Deed records the transfer of interest in immovable property. The conveyance in the immovable property may take place by way of sale deed, gift deed, exchange deed etc,”
What is the difference between sales and Conveyance Deed?
It has also been observed that buyers are usually confused about the two terminologies sales deed and Conveyance Deed.
Sale Deed
A Sale Deed acts as the main legal document for evidencing sale and transfer of ownership of property in favors of the buyer, from the seller. Further, it also acts as the main document for further sale by the buyer as it establishes his proof of ownership of the property. The Sale Deed is executed subsequent to the execution of the sale agreement, and after compliance of various terms and conditions detailed in the sale agreement as agreed upon between the buyer and the seller. The Sale Deed is the main document by which a seller transfers his right on the property to the purchaser, who then acquires absolute ownership of the property.
“Conveyance and Sale Deed essentially have no difference as in both the documents, the right, interest and title of the previous owner is transferred to the purchaser. Conveyance Deed includes Sale Deed i.e. Sale Deed is one of the mode of conveyance i.e. transfer of interest. All deeds transferring the property-rights are Conveyance Deeds. Sale Deed is one of them,” But what is to be taken into the account that all Sale Deeds are deeds of conveyance but all Conveyance Deeds are not sale deeds. So, Conveyance Deed is a broader concept including the Sale Deed in it. On signing a Conveyance Deed, the original owner transfers all legal rights on the property to the buyer, against a certain consideration which is usually money. However, this consideration is non-significant in the case of Gift Deeds, as they are based on familial bonds.

Conveyance Deed is required to contain the following:
 Complete identification and demarcation of the boundaries of the property
 Information of all the parties who are involved, such as name, age addresses and signature of both the parties involved – buyer and seller
 Mention of any other rights (if applicable) annexed to the property and its use
 The chain of title, that is, all legal rights to the present seller
 The method of delivery of the given property to the buyer
 The sale agreement, which is the main requirement of the drafting of the valid sale deed and both the parties, must mutually settle the terms and conditions of the agreement. A sale deed always precedes agreement to sell
 The sale consideration clause, which is the memo of the consideration, stating how it has been received
 Any other terms and conditions that are applicable as far as the transfer of ownership rights are concerned
The Conveyance Deed procedure
The Conveyance (or sale) Deed is required to be executed on non-judicial stamp paper. Once that is done it needs to be registered by presenting it at the Registrar’s office, and remittance of the registration fee. After the registration is done, the transfer of the property moves into the public domain. Stamp Duty and Registration Fees is obtained by the government as revenue. When this happens, the process of Conveyance Deed is officially over. If the builder is not alive, it can be done by the legal heirs/representative of the builder. You need to draft a Conveyance Deed and apply before registration. Engage any local counsel who is dealing in these matters.
Should I Hire an Attorney for Help with Conveyance Issues?
A skilled and knowledgeable estate attorney may prove to be an invaluable asset when conveying property to another person. An experienced estate attorney will be knowledgeable about your state’s specific property laws, and will be able to assist you in drafting any necessary real estate contracts. Additionally, they will be able to represent you in court, should any disputes arise.

Real Estate Attorney

When you need real estate legal help, call the Real Estate Attorneys at Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

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Wednesday, 11 November 2020

Divorce West Valley

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptable grounds for divorce varies from state to state. In West Valley, Utah, a divorce can be completed on average in a minimum of 180 days, with court fees of $310.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in West Valley, Utah, for a minimum of three months. In Utah a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.

Grounds for divorce include:
 Adultery
 cruelty/violence toward the other spouse
 desertion
 drug/alcohol addiction
 impotency
One of the parties seeking a divorce must have resided in the State for a period of 3 months prior to filing. The parties must have also been separated for 3 months before a divorce will be granted. The divorce may be filed in the either county in which the parties reside.
Requirements To File For A West Valley,Utah Divorce
 Utah allows you to divorce based on irreconcilable differences.
 You or your spouse must have resided in the state of Utah for at least three months prior to filing for divorce.
 If you are parents of a minor child, you or your spouse must have resided in Utah for at least 6 months prior to filing, although the courts may make exceptions in certain circumstances.
 You may need to attend a Divorce Education class if you are parents of minor children.

How To Initiate A Divorce Proceeding

There are primarily two types of divorce in Utah: contested and uncontested.
If you and your spouse can agree on all of the issues in the divorce including the disposition of assets and liabilities, child custody, and spousal support, you qualify for the uncontested divorce process. This is a faster process because you typically do not need to appear in court unless you have children; if you have children, you will need to attend a short hearing regarding custody, support, and visitation. You will need to file a Verified Complaint for Divorce with the clerk of your local county court to start this process. Utah even has an online filing system that may allow you speed up the initial filing procedure. If you and your spouse are unable to come to an agreement on issues related to the divorce, you will follow a similar filing procedure. However, you and your spouse will have to attend a hearing shortly thereafter to help identify what issues remain unresolved. The judge will then schedule a jury or bench trial, at which you and your spouse may argue your claims.
Utah Legal Notice Process
Divorce is a legal action that one spouse takes against the other, and that requires proper notification of the other party. You must provide copies of the following documents to your spouse within 120 days of filing the original complaint:
 Copy of Verified Complaint for Divorce
 Copy of Court Summons
 Copy of Temporary Injunctions
The following methods of service are available in Utah:
 By mail—you may send your papers to your spouse via the U.S. Postal Service using registered or certified mail, or any commercial courier service that uses return receipts to confirm delivery. Your spouse must sign for the documents.
 Personal service—you may deliver the divorce papers using a private process server, local sheriff or anyone over 18 who is not a party to the legal action.
Utah courts will not proceed with the divorce without proof of service, which may take the form of a receipt or an affidavit signed by the process server. Once your spouse has been properly served, they will have 21 days to respond to the petition if they reside in the state of Utah, or 30 days if they reside in another state. If they fail to file an Answer with the court within this time period, they may lose the right to be heard by the court.

Default
If your spouse, as the respondent in the legal action, does not answer the complaint within the allotted time period, the judge will likely assume that they do not wish to participate. At that point, the court will grant most or all of the terms in the Complaint for Divorce without waiting to hear from the respondent.
Uncontested
If your spouse does not dispute any of the allegations found in the Complaint for Divorce and a divorce settlement has already been formalized and signed by both parties, there may be no need to serve process (as your spouse is already a party to the action). If you and your spouse have come to an understanding but have yet to sign a formal agreement, then your spouse should produce an Answer in which they agree to the terms of the Complaint. This removes the need for a trial and allows parties to proceed to the issuance of the final decree for divorce.
Contested
If your spouse files an Answer that refutes details in the complaint or makes a counterclaim, then the judge will order you and your spouse to trial. Before the trial, you and your spouse’s attorney may use the discovery procedure for evidence requests, witness interviews, and negotiations with the other party. This may be a lengthy, involved process that takes a hefty toll on you personally and financially.
Contested Utah Divorce (High Cost)

If you and your spouse are unable to reach an agreement on the issues in the divorce like those involving property allocation, alimony or child support, you will probably have to endure a long and costly legal process that will involve a trial. Because your spouse will probably hire an attorney to represent and protect their interests, it is strongly advised that you do likewise.
 Attorneys are experts in the law and have knowledge that will make the entire divorce proceed more smoothly. Their prior knowledge of court procedures will also lower the risk of making a misstep that could jeopardize the outcome of the case.
 Although an attorney may make certain legal deadlines are met, there is no guarantee that their involvement will shorten the amount of time to complete the divorce. They could engage in a protracted process of discovery to investigate claims made by you and your spouse or enter into negotiations with your spouse’s legal team that could drag on for weeks or months.
 If you have a lot of property to divide, or complicated issues to resolve, an attorney may provide the best ways to proceed.
 Because most divorce lawyers charge hourly in a contested divorce you may expect to pay quite a lot if you and your spouse cannot come to an agreement.
Uncontested Utah Divorce (Low Cost)
In Utah, if you and your spouse agree on certain issues, you may proceed through the uncontested divorce process.
 You and your spouse must agree on property division and the division of debt to use this expedited process.
 Neither you nor your spouse may petition for child support, child custody or spousal support to qualify for this expedited process.
 There is no need for a trial, but the judge may order you to appear at a hearing if there are child custody issues.
 There may be no need for legal representation, and, in many cases, you can complete the entire process on your own, saving yourself time and money.
 You may be able to complete an uncontested divorce in as little as 90 days.
Self-Representation (Lowest Cost)
The simplest and most cost-effective way to get a divorce in Utah is for you and your spouse to be in full agreement about major issues like property distribution and you represent yourself. That is why it is in your best interests to come to an agreement with your spouse before you start the divorce procedure. You will save a lot of money and trouble by completing the paperwork yourself.
Mediation (Medium Cost)
Utah courts will often order couples seeking a divorce to use mediation services even if neither party requests it. Mediators are conflict resolution experts who help couples come to an agreement on unresolved issues. Mediation is not legally binding, but it may make the divorce process easier, shorter or even unnecessary.
Divorce Trial (Highest Cost)
If you and your spouse cannot agree on major issues, the judge will order a bench or jury trial that will require you and your spouse to present evidence or testimony supporting your respective positions. In most trials, it is the attorneys with prior trial experience that do most of the arguing and present evidence. In addition to the legal fees paid to the attorneys, there are usually many court costs involved in a trial.
Property Distribution
One of the most divisive issues of any divorce involves how property is distributed to the parties involved. Utah courts use the principle of equitable distribution, i.e. assets should be allocated fairly, to divide marital property. This does not necessarily mean a 50/50 split and fairness is governed by many factors including:
 duration of the marriage
 the age and health of each spouse
 occupations and future income
 the standard of living during the marriage
 tax consequences of the distribution
 custody of the children
These factors may be ignored regarding property that was owned prior to the marriage or assets under the purview of a prenuptial agreement.
Child Custody
Utah confers upon a parent two types of custody: physical or legal. Physical custody governs the residence of the child, while legal custody grants the right make important decisions regarding the child’s wellbeing. Utah determines these custody decisions based on the best interests of the child. Utah courts prefer to award the parent with physical custody also with primary legal custody, but encourage contact with both parents. The court will take into consideration the following criteria before making a determination:
• the parents’ behavior and morality
• which parent will more likely act in the child’s best interest;
• which parent will more likely allow the child interactions with the other parent;
• the type of relationship between a parent and child.
Spousal Support
Alimony or spousal maintenance may be ordered if the dependent spouse is unable to maintain the current standard of living. In most cases, alimony is only temporary and will be terminated after a determined period of time. The court will consider the following when awarding alimony:
• Both spouse’s age and health
• Length of marriage
• the standard of living at the time of separation
• the dependent earner’s contribution to the increased earning power of the other spouse
• past services as a parent or homemaker
• both spouse’s future income and assets
• needs of any minor children
• any fault by a spouse including adultery, domestic violence or financial malfeasance
Finalizing Your Utah Divorce
If you and your spouse engage in an uncontested divorce, then you will probably not need to attend a court hearing before the judge issues the final divorce decree. If you are engaged in an uncontested divorce and have minor children, you must complete a Divorce Education class before the judge will issue the final decree. If you and your spouse disagree on key issues, the judge may schedule a trial before a jury or a judge. After the judgment is issued, you should receive your final decree of divorce.
How to Revise Your Estate Plan After Divorce
Planning an estate in the aftermath of a divorce involves learning a different type of arithmetic. Without a spouse to anchor an estate plan, the executors, trustees, guardians or agents under a power of attorney and health care proxies will have to be selected from a more diverse pool of people that are connected to you. Beneficiary forms tied to an IRA, 401(k), 403(b) and life insurance must be updated to reflect the dissolution of the marriage. Paperwork marks the end of one life and the beginning of another. Estate provisions are usually included in agreements that are created during the separation and divorce. These provisions may call for the removal of both spouses from each other’s estate planning documents and retirement accounts. Trusts made during the marriage are governed differently. Revocable trusts can be revoked and the assets held by those trusts can be part of the divorce. Irrevocable trusts involving marital property are less likely to be broken up. In fact, following the death of the grantor, distributions may be made to an ex-spouse as directed by the irrevocable trust.
A major part of post-divorce estate planning is changing beneficiaries. Request change of beneficiary forms for all retirement accounts – IRA, 401(k), 403(b) – and life insurance policies. Without a stipulation in the divorce decree terminating their interest, an ex-spouse still listed as beneficiary of an IRA or life insurance policy could lead to problems upon your death. Divorce pushes children into positions of responsibility at an earlier age. Adult children in their 20s or early 30s take the place of the ex-spouse as fiduciaries and health care proxies. This includes agents under powers of attorney, executors and trustees. For divorcing parents with minor children, selecting guardians under a will to care for the children should both parents pass away may involve more delicate negotiations between the parties to achieve a consensus. Trusts are often the preferred estate planning vehicle for divorced partners. Their assets pass outside of probate, which can be helpful in situations where the divorce’s impact was felt by the children and led to internal strife. Trusts are also useful when a divorced partner is contemplating remarriage, but wants to protect the estate legacy left to children from the first marriage. Once the whirlwind of emotions surrounding a divorce begins to subside, a few clear-headed estate planning tasks will mark a new chapter in a family’s history.
Hiring a Lawyer
If you have an uncontested divorce with no children or property to divide, and no spousal support claim, you do not need a divorce lawyer. Where there are any issues that require a negotiated settlement, it is mandatory to have independent legal advice in order for any agreement to be enforceable. In many cases you can reach an agreement without a lawyer, perhaps with the assistance of a trained mediator (who may be a lawyer). You have the right to represent yourself. However, given the importance of the underlying issues, most people prefer to have a lawyer represent them in negotiation, mediation, and any arbitration or court proceedings.