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This is your very first post. Click the Edit link to modify or delete it, or start a new post. If you like, use this post to tell readers why you started this blog and what you plan to do with it.
DUI is the abbreviation used for the term Driving Under Influence. It is sometimes also called DWI (Driving While Intoxicated). It is the act of driving the motorized vehicle during or after the consumption of alcohol or drug or both.
DUI is a criminal offense in many countries and the person can be charged high fines or imprisonment for this crime. A driver has to lose his license for a specific time period or permanently depending on the severe-ness of the crime.
A DUI offense is considered as serious as any other criminal offenses in the United States. Those who get DUI have to face many consequences that a DUI can pose. The consequences can be both short term and long term affecting your work life as well as your personal life. This article explains how DUI affects your life detailing both the aspects of your life.
A DUI can affect your work life to a great extent. You will lose your existing job as well as find difficult to get a new job. You may inevitably need to disclose your DUI to your current boss since you are required to attend court-ordered alcohol education classes and community services around your working hours. This leads to loss of job and as a result loss of income no matter how proficient you are at work. You may also find difficult to get a new job despite being highly qualified for the position since every employer requires a criminal background check.
Also, due to license suspension after DUI arrest, you may find difficult to drive to work. And if you are in a job that requires you to drive, you may lose your job.
Another main area of DUI can affect greatly is your personal life. It could affect your family, financial situation, transportation, car insurance, and rental transactions. Below we will see how DUI affects each area of your personal life.
Getting a DUI not only affects you but your family as well. Most states publicize DUI arrests. This can cause embarrassment for both you and your family in front of your friends, coworkers and neighbors.
DUI can be very expensive and it varies from state to state. DUI could cost you roughly $10000. This includes fines, legal fees, car insurance, license reinstatement fee, bail, alcohol evaluation, and other miscellaneous fees. Besides this, you would also incur a loss of income due to loss of job. Hence one may suffer financially after getting a DUI.
After getting arrested for DUI, your driver’s license is immediately suspended. As a result, you may need to opt for public transportation or depend on your friends or family members for rides. It can be frustrating for you and a burden for them.
Like employment, you will find difficult to get a rental house since landlords require a background check. You would also be denied for renting vehicles.
Expunge your DUI record “completely” with the help of DUI Process Manual. It offers little-known strategies to clear your DUI record completely and pass employment background checks in a step-by-step approach. Especially, this strategy is helpful if your state (US) does not allow formal expungement.
Getting caught driving drunk is serious business in most states. Some states are more lenient while others are very harsh. – Like Utah for example. Once you are convicted of a DUI in Utah, it’s there for 75 years. You can’t seal the record and you can’t have it expunged. This can impact your life in multiple ways, and for the worst. Also, the legal implications of a DUI charge can be a nightmare.
Below are some of the possible penalties you may face for a DUI. Also below are the ramifications of a DUI conviction as it relates to your personal life.
License suspension will vary from state to state and depend on past offenses. – But just for a first offense, if you get convicted of DUI in Utah, you will have your license suspended for 6 months. If you get convicted of drunk driving in Alabama for the first time, you will lose your license for 90 days. – And get this, just your first DUI offense in Utah, you can expect a license suspension of 1 year.
A drunk driving conviction is bad all the way around and paying hefty fines is just another part of the many penalties. You can pay as little as $100 for your first DUI offense in states like Virginia, but in states like Utah, you can pay $500 to $1000 for your first offense with these numbers increasing after each offense. Add in the potential loss of employment, attorney’s fees and court costs and your bank account are going to take a beating.
Even if you do get to keep your job, how are you going to get there without a car and without a vehicle? Having your car impounded will be another inconvenience for you and your family. It will also mean having to spend even more money to get to work. That is unless you have a friend that likes you enough to carry you back and forth every single day.
This DUI penalty will give you the opportunity to impress friends and family. No, not really, your community service may actually involve you picking up trash on the highway. Not glamorous, not fun, but undoubtedly humbling and a great opportunity for a person to think about their DUI.
You will also probably get another chance to go to school, but not to party down at some cool college. You will have to go to DUI School.
Interlocking Device Installment
In order to earn this penalty, you were either really drunk at the time of your arrest or you have multiple offenses. An interlocking device is placed on your car’s ignition and will not allow you to crank the car unless you are sober.
Yes. It’s true. Getting a DUI may land you on probation. You will have to meet with your new friend, a probation officer, regularly. – And be sure not to miss an appointment.
Nobody wants to end up in jail, but depending on the circumstances of your DUI, you could do jail time. This is definitely one of the worst DUI penalties in my opinion.
Not only will you pay fines, lose your license, go to DUI school, etc., but a DUI will impact your life in many other ways as well. You will carry around the DUI stigma. You may lose your job. Your car insurance will definitely go up. Your credit may be hurt and depending on the circumstances of your case, you may lose your right to own a firearm.
The person is considered drunk when his BAC count is above 0.08. The penalties for DUI charge can vary from state to state. The period of suspension of the license of the driver can vary depending on the percentage of the BAC count, the state in which you live and the severe-ness of the crime. The BAC limit of 0.08 is the same for all countries.
The charges for the DUI can be as follows:
• Imprisonment: Maximum of 6 months
• License suspension for 12 months if BAC count is within the range of 0.08 to 0.15
• License suspension for 18 months if BAC count is within the range of 0.15 to 0.19
• License suspension for 24 months if BAC count is greater than 0.20
• Fine can be charged ranging from $500 to $1500
The length of the suspension of the license can vary depending on the charges. It can be increased from the above mention period in some cases. In some states, license suspension is obligatory if the driver refuses for the breath analyzer test.
If you possess the commercial driver’s license, you may face additional suspensions for the charge of drunk driving. All countries have made it mandatory to suspend the license of the driver found guilty under DUI charge. Typically, the suspension period can vary from 30 days to one year if you are charged the first time for DUI.
The Rules Revocation of License under DUI Charge:
• First DUI conviction results in license cancellation for 1 year
• Second DUI conviction results in license cancellation for 5 years
• Third DUI conviction results in license cancellation for 10 years
• Fourth DUI conviction results in license cancellation for lifetime
Your license can also be revoked for the first DUI conviction in some countries. It can also be canceled if you refuse for the chemical test after your arrest. Repeated convictions can lead to the revocation for long term or lifetime. It is also possible to reduce the period of your license suspension or complete dismissal of your revocation, but the sudden action is needed to check these options. You can consult with your lawyer for these options. Your lawyer should request a DMV hearing within 10 days of completion of your hearing. Failing to do this can leave you without any further options.
It is not that you will lose your license if you are charged for DUI. There are various ways where you can defend against these charges. You can consult with your attorney for the substitute ways.
You probably know, that if you have been charged with a DUI, you are the midst of some serious business, with serious consequences. Driving under the influence of alcohol or drugs is a dangerous criminal act. Driving under the influence is a severe crime in every state. For this reason, you don’t want to try to defend yourself. Also, for this reason, you definitely should not throw in the towel and just plead guilty to get it over with.
A DUI lawyer can be of huge help and benefit to you. DUI lawyers know much about how the court system operates and are also up to date on new laws and regulations. This will benefit you much more than if you were to try to defend yourself and clear up your record on your own. And, no matter how guilty you may feel about what has happened, it may definitely benefit you more than if you simply pleaded guilty. Certainly, hiring a good DUI lawyer is absolutely your best decision and ought to be your first move.
The law is a large and complicated beast with many, many heads. Not every lawyer has the same training, education, and experience to handle all types of cases.
A given lawyer will have more knowledge and experience in one area than in another, so your choice of which type of lawyer to hire is very important. Using a DUI attorney or DUI Lawyer who focuses on drunk driving defense could make a big difference in the outcome of your case.
Also consider that there are many specialized DUI lawyers out there, and it makes a difference which one you ultimately choose to work with. Just as in any field, simply put, some DUI lawyers are much better and more experienced at what they do than others. DUI lawyers and their fees vary depending on the skill and experience of the attorney as well as the complexity of your DUI case. For example, many attorneys claim to be DUI defense lawyers, but they simply handle guilty pleas! Because of the seriousness of the crime and the lasting consequences that are often the result of a DUI, it is probably worth every penny and every minute to meet and work with a DUI lawyer who can do the most for you by virtue of their experience and track record.
Frankly, you need a lawyer who focuses on DUI with expertise tackling cases the same as yours – with positive results. You want to understand how many DUI trials has the lawyer handled in the last year. (You got to understand this figure to make sure that your lawyer has the power to defend you just in case your DUI suit goes to trial.) The more cases of DUI the lawyer has handled, the more competent he or she is probably going to be in DUI defense. Even more so, the more expertise the lawyer has with cases very similar to yours, the more he or she is probably going to be ready to give you with the most effective advantage, increasing your probabilities of success, with or without a trial.
The penalties in drunk driving cases are very difficult. You can potentially lose your driving privileges and in extreme cases might face jail time or maybe jail. On the opposite hand, bear in mind DUI cases conjointly get dismissed, DUI charges get reduced, DUI punishments get reduced, and people are found clean-handed on a consistent basis by DUI lawyers who investigate and who have the required knowledge and skill. (This, however, is not always the case. If the DUI causes injury or property damage and in cases where the DUI is not a first offense- the DUI charge can become and be treated as a felony. But remember, many cases of DUI/DWI also get dismissed on simple technicalities with the help of experienced DWI lawyers.
The DUI lawyer’s help is also very important during pre-trial conferences (the negotiations before an actual trial is set). They will research and use any technical defects they find to build a strong defense, in preparation for either settlement or trial. The last step in the court process is an actual criminal trial. Finally, if a trial has been set, the DUI lawyer will participate in the juror selection and naturally, stand for and defend you during the actual trial. Of course, a great many cases are resolved before they go all the way to trial.
Yes, if the DUI case you’re facing is complicated and there is a strong possibility that your case will actually go to trial, then your attorney’s quote (cost estimate) can go up to as high as $10,000 or even more. But, don’t give up just because your situation will have a cost. The alternative also comes at a cost.
Remember that if you do go to trial, the prosecution must do more than prove you “may be guilty” – they must prove that your guilt is the only reasonable conclusion based on hard evidence. So if you’re facing a DUI charge, don’t just throw up your hands and say, “Oh well, I might as well plead guilty. Remember, if you don’t seek professional DUI lawyers to protect your rights, you may face jail time.
When you or a loved one has been charged with a DUI in Utah, please call Ascent Law for your Free Consultation (801) 676-5506. We want to help you.
The last thing anyone wants to do is plan for their death. There are a lot of important decisions you need to make decisions you shouldn’t leave to your loved ones. These include saving for and planning your funeral, appointing a power of attorney, designating beneficiaries for all your accounts, setting up your kids especially if they’re fairly young, planning your estate, and setting up your last will and testament. This last one is probably one of the most important things you’ll have to do. Drawing up a will isn’t as easy as you may imagine. Most people hear the word will and think it’s a fairly simple process.
The idea most people have is that it requires a few minutes to designate the recipients of all your worldly belongings. But that isn’t true. In fact, there are many important facets to the document you have to consider right down to how you word it. If you have a lot of assets, run a business, and have more than one child and/or grandchildren, you need to take some time to make careful decisions about what happens after you die. Doing so now will help those you leave behind in the end. Make a list of all your assets, your home, vehicles, any valuables along with all of your financial accounts such as checking and savings accounts, certificates of deposit (CDs), and life insurance policies. Then jot down all of your dependents and who inherits each asset. Also note if there are any special considerations you’d like to include in your will such as when minors inherit your assets, how accounts will be split up, or what happens to your home after you die. You can try drafting the will yourself or you can hire a lawyer to do the work for you. But even if you hire an attorney, you’ll still have to make these important decisions on your own. We’ll look at the benefits and drawbacks of both a little later in this article.
The fee for having a basic will written can be as little as $150 fairly reasonable and affordable for most people. Consider purchasing a do-it-yourself will creation kit that can be purchased online or in stores for less. These are generally templates you can fill in with your pertinent information online. If you require more complicated or additional estate planning documents, be prepared to dish out more cash. It can cost $1,000 or more in advanced situations. But this may be too generic for you, leaving you the option to hire a professional. The low end for having a lawyer draft a will is around $300, but it can easily cost $1,000 or more if your situation is more complicated. Do-it-yourself kits to create and file a legally enforceable will have gained in popularity due to the minimal cost involved. If you don’t have a lot of complicated issues about your final wishes, your finances are fairly straightforward, and you don’t have any children, this may be the most suitable option for you. Kits can be purchased for as little as $10, so they give you the option of drawing your will at your convenience without having to pay an outrageous cost. There is a lot less time involved, and you can generally make updates at your leisure without much difficulty or cost. Before you settle with one of these kits, make sure you understand everything the kit entails including the legal language. You don’t want to sign a document you don’t fully understand. Also consider whether the document is enforceable in your state, as some documents don’t coincide with guidelines in certain areas. You may be required to have witnesses or have your document notarized.
The best option is to hire a lawyer if you have a complicated situation, a lot of assets, many beneficiaries, and a lot of dependents. While the decisions of what happens to your estate after you die are yours, an attorney can guide you through the process and help you word your will properly so there are no mistakes. After all, you are paying for legal advice, so it makes sense that you get the full benefit of an error-free will.
Taking care of your family has always been the number one priority in your life, and that isn’t going to change. The best way to make sure they are taken care of after you pass is to establish an estate plan while you are still of sound mind. Here are the advantages of creating an estate plan:
• Provide for your immediate family: The estate plan will provide enough money for your surviving spouse to continue to care for the family. If both you and your spouse pass, an estate plan will name appointed guardians to care for your children.
• Ensure property goes to the right beneficiaries: Your estate plan will outline exactly where your assets are to go in the event of your death. This leaves no questions to be resolved by the courts or cause for family discord.
• Minimize the expenses and taxes: When you take care to create an estate plan, you should be able to keep the cost of transferring any property to your named beneficiaries.
• Ease the burdens of your family: It can be difficult to plan the funeral of a loved one when grieving. When working on your estate plan, you can outline your wishes for funeral arrangements and even set aside funds for them. This takes some of the burden off your family during this difficult time.
• Support a favorite cause: If you are passionate about a local cause or charitable organization, an estate plan can allow you to support them after your passing.
• Plan for any kind of incapacity: Life is unpredictable. If you should ever become mentally or physically incapacitated, an estate plan will outline your wishes regarding life and who will make medical decisions on your behalf.
• Reduce taxes that take place on your estate: By crafting an estate plan, you should be able to minimize the amount of taxes collected on your estate, which results in your beneficiaries keeping more of the money you set aside for them.
• Establish trustees over your estate: You’ll need someone to serve as the executor of your estate to make sure everything is handled properly. Your estate plan will name this person, which will save money and simplify the administration process.
• Provide for those who many need help: Do you have a child who has a disability? Or perhaps you have grandchildren who will be attending college in the future. Through your estate plan, you can set up a special trust to provide funds to support them.
• Ensure a business continues with a succession plan: If you own your own business, you’ll want to establish some kind of plan to keep it going after you pass. An estate plan will name your successor and outline what happens to your interest in the business.
As you can see, there is a lot that goes into estate planning, and none of these areas are ones you want to leave up in the air. By working with professional estate planning attorneys, you can make sure you have thought of everything. Without a will, your property may not go to who you want. Much of it can be tied up in probate for years, which means your family won’t get the assets they want and potentially need until it’s all settled. You can’t make assumptions that everything is going to go the way you want. Legal documentation is the only way to ensure your wishes are met.
• Loss of control: Once an asset is in the irrevocable trust, you no longer have direct control over it. However, in the case of a husband and wife, it is possible to create separate trusts for each, thereby collectively maintaining control. There are many pitfalls with this technique, such as observance of the Reciprocal Trust Doctrine, so this strategy should only be employed with the assistance of a skilled estate planning attorney.
• Fairly Rigid terms: Irrevocable trusts are not very flexible. Once the terms are established, they can be difficult to change.
• The Three-Year Rule: If you include life insurance in an irrevocable trust and pass away within three years, the proceeds return to your estate and become taxable.
• The Five-Year Rule: If you put assets in an irrevocable trust and need Medicaid within a five-year period, you may have to repay all prior transfers to the trust by covering the costs of a nursing home privately. Only after you have repaid all gifted assets will you be eligible for Medicaid.
Because they have such strong advantages and disadvantages, the suitability of an irrevocable trust depends on a person’s individual circumstances. An experienced estate planner can help you decide if such an arrangement is right for you, or if you would be better off setting up a revocable trust instead.
As you go through life, you’re likely to accumulate some amount of wealth, assets and even just family treasures. What will happen to all those things if you die or become incapacitated? That’s where estate planning comes in. An estate plan allows you to legally specify your wishes and how you want them carried out. A well-crafted estate plan can help avoid disputes that may arise and can keep details about your family’s financial affairs private. When you’re ready to work with a qualified attorney and financial planner to write your estate plan, here are some of the key steps you’ll go through:
• Create an inventory of what you own and what you owe: Compile a comprehensive list of your assets and debts, including account numbers and contact information, as well as names and contact information for your important advisers. Keep the summary in a secure, central location along with original copies of important documents and provide a copy of the summary for the executor of your will. This list could be a piece of paper or also a digital file kept in a secure location.
• Develop a contingency plan: An estate plan allows you to control what would happen to your property and assets if you or your spouse passed away today. It also puts a documented plan in place so that if you became incapacitated, your family could carry on your affairs without having to go through court. This includes a strategy for providing income if you were to become disabled and covering potential expenses for care giving that may be needed at some point.
• Provide for children and dependents: A primary goal for many estate plans is to protect and provide for loved ones and their future needs. Your estate plan should include provisions for any children, including naming a guardian for children under age 18 and providing for those from a previous marriage if you remarry, your assets may not automatically pass to them. It also would specifically address the care and income of children or relatives with special needs that must be planned carefully to avoid jeopardizing eligibility for government benefits.
• Protect your assets: A key component of estate planning involves protecting your assets for heirs and your charitable legacy by minimizing expenses, and covering estate taxes while still meeting your goals. If necessary, your estate plan would include specific strategies for transferring or disposing of unique assets like a family-owned business, real estate or investment property, or stock in a closely held business. Many people use permanent life insurance and trusts to protect assets while ensuring future goals can be met.
• Document your wishes: If you want your assets distributed in a certain way to meet financial or personal goals, you need to have legal documentation to ensure those wishes are followed if you die or become incapacitated. This includes designating beneficiaries for your life insurance policies, retirement accounts and other assets that are in line with your goals. It also means ensuring that titles of material assets, such as automobiles and property, are named properly. Work with an attorney to be sure you have an updated will disposing of your assets, a living will reflecting your end-of-life wishes, as well as powers of attorney for health-care and financial matters.
• Appoint fiduciaries: To execute your estate plan, you must designate someone to act on your behalf if you are unable to do so as executor of your will, trustee for your assets, legal guardian for your dependents or personal representative or power of attorney if you became incapacitated. You need to be sure your fiduciaries are aware of and agree to their appointments, and that they know where to find your original estate planning documents. Fiduciaries can be family members, personal friends or hired professionals such as bankers, attorneys or corporate trustees. Whether you are just starting out or have accumulated wealth over a lifetime, an up-to-date estate plan helps you minimize the impact of unexpected events on you and your family by preserving, protecting and managing your assets. A financial advisor can help you create a financial security plan to meet your goals, and provide tools and resources to build an estate plan that makes an impact well into the future.
If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
No one can stop you from getting a legally separated if you want one, with the possible exception of the court. If you don’t follow proper legal procedure, a judge can deny your separation, forcing you to start over. Your spouse can’t stop you, but she can complicate the process.
• Decide what ground you want to use to file for your separation. All states require that you give a reason in your divorce petition for ending your marriage. All states also provide for some version of no-fault divorce. In either case, you have the burden of proof to show the court your ground exists. If you chose a fault ground when your spouse is already resisting the divorce, you’ll provide her with an opportunity to contest it by denying the wrongdoing. She generally can’t contest a no-fault ground.
• Research the rules for service of process in your state. You can call your county court, a legal aid center, your local paralegal association or consult with a lawyer. Make sure you understand exactly what you have to do to ensure that your spouse legally receives a copy of your divorce petition after you file it. If you err, your spouse can say she wasn’t properly served and block your divorce proceedings. You could still get a divorce, but you’d have to start the process all over again.
• Wait out the period of time your state gives your spouse to answer your divorce petition. If she files a response with the court, you’ll probably have to resolve your divorce by trial; she won’t agree to a settlement if she doesn’t want the divorce.
• Call the court again to find out how you can move forward with a default judgment if your spouse ignores your divorce papers and doesn’t answer them within the allotted time. In most states, this requires filing a request for default, then appearing at a hearing to testify that you’ve met your state’s filing requirements and to prove your ground. If you chose a no-fault option, your opinion that your marriage is over is usually enough. Otherwise, you might have the added task of convincing the judge that your ground happened, such as by proving adultery or cruelty.
• Prepare for trial if your spouse does answer your divorce petition. If you used a no-fault ground, the trial will only address issues of property division, support and custody of your children. Gather all documentation you can to prove the value of your assets and the extent of your debts and write a proposed parenting plan to address custody and time with your children. If you filed on a fault ground, be prepared to substantiate it, just as you would have to have done at a default hearing. In a trial, however, your spouse can raise defenses against your ground, such as that you condoned her behavior. If she’s successful, the judge won’t grant your divorce on that ground, and you’ll have to start over, filing a new petition and using a ground she can’t disprove.
If you’ve been considering divorce, you may be wondering whether it’s the right decision. It’s normal to have doubts creep into your mind from time to time, but sometimes it’s necessary to take a step back and closely evaluate the situation.
• You’d rather be alone: When you think about the possibility of being single again, you get downright giddy. In fact, you’re already picking outfits for future dates with your crush. If the thought of divorce gives you the giggles, you may want to turn that thought into action.
• Your spouse’s touch makes your skin crawl: His or her touch gives you goose bumps but not in a good way. In fact, it feels like a thousand ants on your skin. This is bad real bad. In a loving, healthy relationship, you should be longing for caressing, cuddling, kissing, and all the wonderful things that come with being with someone you love. If this is not the case, you need to get to the bottom of why you are suddenly repulsed. This alone may not be reason enough to get divorced, but it does signal some serious trouble in paradise.
• You cheated several times: If you or your spouse is getting some action on the side, it’s a clear sign that you have some serious issues. Once you’ve gone this far, your best bet is to take the next steps and file for divorce. You may also want to get checked for STDs while you’re at it.
• You wouldn’t stay even if your partner changed: What is it that needs to change for you to feel good about staying in the relationship? If it’s an issue that can be easily resolved, you might be able to work through it together. If it can’t be resolved, a divorce might be in your future. Whatever you do, resist demanding that your spouse change, and don’t resort to making ultimatums. This behavior will likely cause your spouse to become defensive and do just the opposite of what you are requesting.
• You don’t see a future with your spouse: In the next five years, you imagine a wonderful future full of success. You get to where you want to be in your career, you finally get up the nerve to move to a new city, and you are truly happy. However, your dreams don’t include your significant other. If you can’t see how your spouse fits into your life, do yourself a favor and find someone who does.
• You just don’t care anymore: Your spouse did something that would normally make your blood boil, but now it doesn’t faze you. At this point in your relationship, you’ve checked out emotionally. If there is just no desire to work on your marriage, you’re pretty much done. It takes two people to make a marriage work. Either seeks counseling to see how you can make some needed changes or prepare to jump ship.
• You have too much resentment: The root of every divorce, no matter if it involves adultery, growing apart, arguing a lot, or not being able to agree, stems from the larger root of resentment. At some point in any relationship, someone will harbor resentment for their significant other, which follows the common belief that love and hate is practically the same thing. Resentment can basically heighten throughout the relationship. The key to a successful relationship is to not harbor the resentment, but rather deal with it before it takes on a life of its own. If you or your spouse is feeling resentment, talk it out or consider couple’s counseling.
• Marriage counseling hasn’t helped: Perhaps you’ve gone down this road with your partner before, and nothing has changed. Your needs are still not being fulfilled, and you’re still feeling like you’re better off alone. If you feel as if even the professionals can’t help you, then it might be time for a divorce.
• You know your exact reason for a divorce: Take time to explore what it is about the marriage that is making you want to give up. What exactly is motivating your decision? “Whether you are unhappy or hopeless or too tired to keep trying, understanding your reasoning helps ground you in your decision. And the more that decision is grounded in you wanting something more or different and less about what your spouse did or didn’t do, the easier it will be to deal with the divorce, mourn the loss of this relationship, and move on
• You got married to fix your problems: Just as having kids won’t fix problems that already exist in your marriage, getting hitched in the first place certainly won’t fix any underlying relationship issues either. Marriage won’t solve problems, such as feeling lonely and being unhappy. If you got married because you thought it’d solve your personal or relationship issues, it won’t be long before you realize it was too soon.
In order to get a divorce in Utah, you don’t have to be legally separated first. You can simply file with the court without anyone’s consent, you can show the court:
• That you do not know where your spouse is residing.
• What you have done to locate them, such as contacting relatives and friends, searching the electoral roll, or enquiring with their employer. If you have an address for your spouse, or could locate them through friends or family this will reduce the costs of your divorce.
Legal separation is very similar to a divorce except for the fact that the marriage is not terminated. For some couples, it may be more beneficial to become legally separated as opposed to getting a divorce. Legal separation and divorce are very similar and they hold basically the same legal functions except for the fact that with a separation, you do not terminate your marital status. When a couple decides to become legally separated, it is not merely a verbal agreement. They can’t simply say that they are not in love anymore and one of them will move out of the family home. Instead, they must go through the same process as couples who wish to undergo a divorce. In a legal separation, the same issues will be addressed as in the termination of a marriage. The couple will have to sort out issues relating to asset division, property division, child support, child custody, visitation and spousal support payments (if there are any). The couple will also have to decide who will pay which debts as well.
There are a number of reasons why parties choose this rather than divorce, and the reasons are usually personal. People can choose separation for religious reasons, personal beliefs, health insurance concerns, or other financial reasons. Oftentimes couples will decide to remain married for one of two reasons: either for the sake of their children, or for a financial reason. For example, if a non-employee spouse has a pre-existing medical condition or some other serious medical condition; they may need to stay on their spouse’s medical insurance so they can keep getting necessary medical care. In some cases the couple may need to remain legally wed until they reach the ten-year deadline for certain Social Security benefits. This holds true for the ten-year deadline for military enforcement advantages or, the twenty-year deadline for PX and commissary benefits. There is another substantial benefit and reason why people choose legal separation and it has nothing to do with health insurance or money. They may be unsure if they really want to end their marriage; therefore, the time apart offers them a cooling off period where they can have time to think about what they really want. They may realize that they really do love each other, and later decide that they want to get back together. It’s a lot easier to get back together after legally spending time away from one another as opposed to having to go through the process of remarrying.
Religion and culture can play a significant role in why couples decide to separate instead of divorcing altogether. In certain religions, divorce carries a negative stigma that many couples wish to avoid. With legal separation the couples can enjoy all the material benefits of a divorce without having to deal with the negative stigma attached. Separation does not allow for remarriage unless the marriage is terminated through a divorce, but it can be assumed that people who part for religious reasons don’t plan to remarry anyway. In many cases it is more affordable for the spouses, especially when the dependent spouse relies heavily on their spouse for medical insurance. When you factor in the quality of life enjoyed through the marriage, along with how much money it would cost for the dependant spouse to take out their own medical coverage (similar to what their spouse has been carrying), then it can be reflected in the alimony payments. Sometimes it is less expensive and allows the dependent spouse to remain on the health insurance, as opposed to paying them larger alimony payments, thus saving the expense for both parties.
Getting a separation in Utah does require some legal paperwork and going through the court system. The same as in a divorce, you want to have a qualified attorney representing your best interests when handling important matters such as child custody, child support, asset division, property division and possible spousal support payments. If you would like to enjoy the benefits of a legal separation, contact a skilled and knowledgeable divorce attorney without delay!
When you need legal help with a separation in Utah, please call Ascent Law LLC (801) 676-5506. We want to help you.
A loan modification is a response to a borrower’s long-term inability to repay the loan. Loan modifications typically involve a reduction in the principal balance, interest rate or an extension of the length of the term of the loan. A lender might be open to modifying a loan because the cost of doing so is less than the cost of default or foreclosure. A loan modification agreement is different from a forbearance agreement. A forbearance agreement provides short-term relief for borrowers who have temporary financial problems, while a loan modification agreement is a long-term solution for borrowers who will never be able to repay an existing loan. Loan modification is a relatively new term to most homeowners. What most people are coming to realize is that losing their house to foreclosure is becoming a real possibility. Home foreclosure in America today is at an all time high and is affecting many homeowners that never believed they could lose their home to foreclosure. Homeowners are feeling the crunch of higher interest rates and a slowing economy. A loan modification may be the only way for a homeowner to save the biggest investment of their life; their home. Negotiating with the bank for a modification of your home loan can be an overwhelming process for many homeowners.
That is why retaining the services of an experienced loan modification company is of extreme importance. The reality of today’s market is one of steep drops in real estate values nationwide coupled with tighter credit requirements. The combination of the two makes a formidable opponent for someone facing an upcoming adjustment in their payments due to an adjustable rate mortgage (ARM). It’s not a good idea to take on your lender alone. In general, a mortgage loan modification is any change to the original terms of a loan. A loan modification is different from refinancing. Refinancing entails replacing your loan with a new mortgage, whereas a loan modification changes the terms of your existing loan. This could mean extending the length of your term, lowering your interest rate or changing from a variable interest rate to a fixed-rate loan. The terms of your modification are up to the lender and will depend on what’s best for the borrower. A modification ultimately results in lower monthly payments for the homeowner.
Not everyone struggling to make a mortgage payment can qualify for a loan modification. Hall says homeowners typically either must be delinquent for about 60 days, or they must be in imminent default, meaning they’re not delinquent yet, but there’s a high probability they will be. Homeowners usually must also demonstrate they’ve incurred a hardship, Hall says. This could be the loss of a job, loss of a spouse, a disability or an illness that has affected your ability to repay your mortgage on your original loan terms.
Some lenders and servicers offer their own loan modification programs, and the changes they make to your terms may be either temporary or permanent. Most servicing companies have programs designed to help borrowers who may be struggling to make their payments, driven by some of the hard lessons the industry learned during the housing collapse a few years back. in addition to modifications, offers some at-risk borrowers the ability to refinance to a lower rate at no cost, even if they haven’t endured a hardship. If your lender or servicer doesn’t have a program of its own, ask if you are eligible for any of the assistance programs that can help you modify or even refinance your mortgage. The federal government previously offered the Home Affordable Modification Program, but it expired at the end of 2016. Fannie Mae and Freddie Mac have a foreclosure-prevention program, called the Flex Modification program, which went into effect Oct. 1, 2017. If your mortgage is owned or guaranteed by either Fannie or Freddie, you may be eligible for this new program. The federal Home Affordable Refinance Program, or HARP, helped underwater homeowners refinance into a more affordable mortgage. This program is no longer available as of Dec. 31, 2018. Fannie Mae’s High Loan-to-Value Refinance Option and Freddie Mac’s Enhanced Relief Refinance replaced HARP.
If you are struggling to make your mortgage payments, contact your lender or servicer immediately and ask about your options. The loan modification application process varies from lender to lender; some require proof of hardship, and others require a hardship letter explaining why you need the modification. It’s possible your lender will reach out to you about getting a loan modification. If you’re denied a modification, you’ll have to file an appeal with your servicer. Consider working with a HUD-approved housing counselor, who can assist you for free in challenging the decision and help you understand your options.
One potential downside to a loan modification: “If the loan is being modified due to financial hardship, you may see a note about this added to your credit report, negatively impacting your credit score,”The result won’t be nearly as negative as a foreclosure, but could affect other loans you apply for in the future. Another thing to be aware of, he adds, is that depending on how your loan is modified, your mortgage term could be extended, meaning it will take longer to pay off your loan and will cost you more in interest. But for homeowners on the brink of losing their homes, the benefits of a loan modification can far outweigh the risks.
Although loan modifications may occur with all types of loans, they are most common with secured loans, such as mortgages. Lenders may agree to a loan modification through a settlement procedure or in the case of a potential foreclosure. In these situations a lender typically believes that the loan modification will provide substantial savings in comparison to a charge-off alternative. A loan modification agreement is different from a forbearance agreement. A forbearance agreement provides short-term relief for borrowers who have temporary financial problems, while a loan modification agreement is a long-term solution for borrowers that adjust the terms of a loan from its original obligations. Loan modification procedures typically include the support of legal counsel or a settlement company. Loan modifications will usually involve a reduction in the interest rate on a loan, an extension of the length of the maturity of the loan, a different type of loan or any combination of the three. Loan modifications are most common with secured loans, such as mortgages, and usually involve a reduction in the loan’s interest rate, an extension of its length of maturity, a different type of loan or a combination of these three aspects. Settlement companies are for-profit entities that work on behalf of a borrower to help reduce or alleviate debt by settling with creditors. Borrowers also commonly work with mortgage modification lawyers who can help them to negotiate a loan modification for a mortgage that is threatened with foreclosure.
Mortgage loan modifications are common in the credit market since larger sums of money are at stake. During the housing foreclosure crisis that took place between 2007 and 2010, several government loan modification programs were established for borrowers. The Home Affordable Modification Plan (HAMP) was one leading program, introduced under the Making Home Affordable program; it, along with the Home Affordable Foreclosure Alternatives Program (HAFA), expired at the end of 2016 for new modifications. Current loan modification programs include those from the U.S. Dept. of Veterans Affairs, the Federal Housing Administration and Fannie Mae (which also offers disaster relief modifications). Traditional lenders may have their own loan modification programs as well. All of these programs typically require an application.
Borrowers and settlement parties can find information on mortgage loan modification programs through government-sponsored websites. A mortgage loan modification application will include a borrower’s financial information, mortgage information and specific details on their hardship situation. Each program will have its own qualifications and requirements. Qualifications are typically based on the amount the borrower owes, the property being used for collateral and specific features of the collateral property. When a borrower has been approved for a specific program, the approval will include an offer with new loan modification terms. As a general rule, you tend to modify a loan when your credit is bad enough that you can’t refinance the loan – so your lender changes the terms of how you’re borrowing for this current loan, so you can get back on your feet and continue paying off the loan. This almost always means that while your payments may become lower, the length of your loan stretches out much further.
There are 4 loan options within Utah Housing:
• First Home Loan
• Home Again Loan
• Score Loan
• NoMI Loan (No Mortgage Insurance)
Utah Housing helps eligible borrowers who do not have enough money to pay for a down payment and closing costs when purchasing a home. The average amount a home buyer must save for a down payment and closing costs is between 5% – 6% of the home purchase amount. Utah Housing allows an applicant to borrow up to 6% of the home purchase amount, which can help cover the down payment and closing costs. Please be aware the Score Loan and NoMI Loan offer 4% instead of 6% for the home buyer’s down payment or closing costs.
Individuals and families who otherwise are unable to purchase a home because of insufficient funds for a down payment and closing costs may still become homeowners by using Utah Housing. The following are important things to know when applying for Utah Housing:
• Your total gross household income must fall within the income limit restrictions. These limits vary by county
• Your credit history must indicate that you pay your bills on time. You must have at least a 620 credit score.
• You must be able to qualify for government (FHA) or conventional financing.
• You must live in the home – can’t purchase as a rental.
• Non-occupant co-signors are allowed (First Home Loan only).
The Utah Housing Loan Programs do not provide rental assistance of any kind. If you need rental assistance, please contact your city or county housing authority.
In Utah, all mortgage loan originators must be licensed at the state level. The licenses are regulated and supervised by the Utah Department of Financial Institutions (DFI). The license application process for mortgage entities and loan originators is managed by the Nationwide Mortgage Licensing System (NMLS). The NMLS system allows mortgage broker companies and individuals to apply, update, and renew licenses online.
In the state of Utah, there are two main types of licenses: Company and Individual. Each license type depends on the work you wish to perform.
Most Common Individual License
• Mortgage Loan Originator License – allows individuals to take mortgage loan applications and/or negotiate the terms of mortgage loans for residential properties.
All license applications must be submitted online through NMLS. Please note that some agency-specific documentation, such as the surety bond, must be sent directly to DFI at Utah Department of Financial Institutions Passing an exam is obligatory for some, but not all license types. In Utah, in order to obtain a Mortgage Loan license, you must complete a pre-licensure course and pass an examination. To enroll for the MLO test you must complete at least 20-hours of an NMLS-approved education course. After completing the pre-licensure course, you can enroll and pay the exam fee via NMLS. You can schedule an exam date either through NMLS or by contacting the exam administrator Prometric .The NMLS testing page provides more information on how to schedule, prepare, and take the Mortgage Loan
UT Mortgage Broker Bonds
Bonds for Individual Licenses
• Mortgage Loan Originator – All applicants are required to furnish a surety bond. The amount depends on the origination volume of the applicant during the prior calendar year.
• $12,500 surety bond for loan volume of up to $5,000,000.
• $25,000 surety bond for loan volume between $5,000,000 – $15,000,000.
• $50,000 surety bond if the loan volume exceeds $15,000,000.
When You Need a Loan Modification, Please Call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
One of the hardest times for any family is when a major pillar of the household has fallen through demise or being incapacitated. It is even harder when the particular individual has left wealth or estates unplanned for the descendants. This leads to squabbles among family members who each feel entitled to a part of the cake and so it is crucial that proper estate planning is done using a very good lawyer.
Some of the benefits of estate planning include:
• Peace For Everyone: This is perhaps the most important aspect of estate planning, something that a good lawyer well insists on. Ensuring that you have planned your wealth when it comes to inheritance ensures that you not only have a peace of mind but that there is peace in your family. This is of more value than the wealth itself working towards maintaining relationships. Peace in the family ensures that people are able to work in contentment even after you are gone.
• Having Goals Met: One of the many options when it comes to estate planning is creating a living trust that is flexible enough to have your goals met. It is an ideal time to ensure that some of the unfinished tasks in the family are done on your part. A living trust allows you to stipulate the conditions of an inheritance and provides a clause that only when a certain task, e.g. education, is fulfilled, can a person have access to wealth from the deceased. This allows you as the person making the will to have the upper hand when it comes to safeguarding the interests of the family as well as your own. The attorney has absolute power in making sure that the obligations are met before any part of the estate in disbursed to the mentioned successors.
• Best Decision-Making: Estate planning allows you to make very good decisions concerning your property since an estate planning lawyer is involved. It is the duty of the lawyer to take the client through all the available options and finally recommend the best for execution.
• Ensuring Growth in Posterity: This is also one of the best ways to ensure that your property is used and run by capable persons. A will like the living trust allows you absolute power to put a well capable person in charge of the estate in case you are not available in any way. It also ensures that you have total control of who gets the property.
There are four main elements of estate planning, which include drawing up a will, a living will and healthcare power of attorney, a financial power of attorney, and in some cases, a trust.
A will outline your wishes for the assets that you own at your passing. It allows you to name the people to whom you wish you give these assets, and without one, your assets will immediately go to your first family member. Having a will in place will give you peace of mind knowing that your assets (including electronic) are going to whom you want them to and knowing that your financial affairs are in order. It will also mitigate the risk of an administrative mess for those left behind. Be sure to discuss your plans with your heirs and to alleviate any issues or disagreements sooner than later.
A Healthcare Power of Attorney (HPOA) is a signed legal document in which you name a single person as your healthcare decision maker in the event that you can’t make decisions yourself. A living will, also known as an advanced medical directive, outlines your wishes regarding medical care in the event that you are incapacitated, terminally ill, or unable to communicate. This is a statement of your wishes as they relate to decisions about life support and any kind of life-sustaining medical intervention that you want or don’t want.
Similar to the Healthcare Power of Attorney, a Financial Power of Attorney outlines who you want to make your financial decisions on your behalf should you become incapacitated. Without this document, no one will have the authority to step in and handle bill-paying, investment decisions, and other financial matters. You don’t want these things left up to the courts; therefore it’s imperative to give that authority to the person that you select. Like the Healthcare Power of Attorney, it’ best to get this document at the same time as your will. Or, if you have any discomfort in having your parents or spouse make all financial decisions for you, immediately. Online is suitable for a basic document, but if you have specific requirements that require detailed documentation, it’s best to see an estate attorney.
A trust is a legal entity that can own your assets (while living or at death) and be controlled based on your wishes outlined in the legal document that created the entity. For example, a trust would allow you to dictate how you wanted your child to benefit from your assets throughout his or her life. You may want to stipulate that they are used in a certain way or received at a certain time. A trust is a way to protect assets from being used in a way that you would not see fit if you were in control of them. There are several advantages to having a trust; however, it is not necessary unless you are worried about the oversight or care of your assets at your passing. Ultimately, you are trusting your heirs to manage and use your assets properly should you pass away. If you have a sizeable insurance policy or estate or children, a trust is worth discussing with an attorney to determine the right parameters and language for your situation.
Things that estate planning can do for you.
• The goal is to help educate you on the benefits of estate planning and give you a better idea of why you should get your estate plan taken care of as soon as possible.
• Provide For Your Family: Without an estate plan in place, your family will get less and it will take them longer to get it. This means your loved ones will be left in limbo and might end up without enough money to pay bills and other living expenses. It’s not uncommon for families with an unexpected death to nearly fall apart due to the financial strain in the weeks, months, and years to come. Good estate planning will make sure that your family is provided for and not left to face financial ruin once you’re gone.
• Keep Your Children Out Of The Department of Child And Family Services.
• Minimize Your Expenses: Do you know where most of the money goes when people don’t have a good estate plan? Attorney’s fees and court costs. When you die without an estate plan (and without a living trust, in particular) the courts are forced to handle everything: the distribution of your property, the guardianship of your children, the dissolution of your business. This is known as “probate,” and it gets very expensive — easily exceeding $10,000 for even modest estates. That’s money your family and kids could’ve used for living expenses and other bills, but instead it’s just lining the pockets of your attorney.
• Get Property To Loved Ones Quickly: You have two options here.
Option 1, your family has to wait anywhere from 3-9 months to get anything after you die. Option 2, your family gets money they need to pay bills, to pay for your funeral, to pay for your outstanding medical bills, and to pay for anything else they need right away and without delay. Which one would you choose? Good estate planning let’s you avoid the big delays that can put a real financial strain on your family.
• Save Your Family From The Difficult Decisions: Can you imagine trying to decide when to pull the plug on your spouse who is in a coma or similar condition? Or deciding how his or her remains should be handled? Those are heart breaking decisions that no one should have to face. You can ease this burden by thinking about this kind of thing in advance and planning ahead for it. You can specify in your estate plan how you want end-of-life care to be handled and what kind of disposal arrangements you want made for your remains. And there’s no one better to make those decisions than you.
• Reduce Taxes: Every single dollar that you pay in taxes is one less dollar that your family will have for paying bills and other expenses. There are numerous tax reduction strategies that you can use to keep as much money in the hands of your family as possible. The key is to start tax planning sooner rather than later and definitely not to wait until it’s too late.
• Make Retirement Easier: You might be surprised to hear that estate planning can actually benefit you while you’re alive, not just your families after you’re gone. Healthcare in particular is an area where estate planning can benefit you enormously down the road by making sure you’re eligible for government benefits like Medicare (that you’ve been paying into most of your working life anyways, so you might as well get something back), that can significantly reduce your healthcare costs and leave more money to your loved ones.
• Plan For Incapacity: Estate planning is not just about death. It’s very common for people to become incapacitated by an accident or sudden medical episode like a stroke that leaves them unable to manage their financial affairs. If this happens to you, who will take care of paying your bills or managing your healthcare? A power of attorney designation for both financial and healthcare decisions can save your family a lot of time and money and make sure everything is handled according to your wishes.
• Support Your Favorite Cause: You might have heard that Mark Zuckerberg (the founder of Facebook) decided to join Bill Gates and Warren Buffet in leaving the vast majority of his fortune to charity instead of his family. Even though you don’t have billions of dollars to leave to charity, you can still make a difference by supporting your favorite educational, religious, or other charitable cause. Even if it’s just a hundred dollars, that money can help others and make a difference in their lives.
• Make Sure Your Business Runs Smoothly: If you are a small business owner, then you absolutely must have an estate plan. It’s one of the most important things you can do and is really not optional. Without one, your business will likely fall apart quickly and completely if something happens to you, and that can cause incredible financial hardship on your family. You have the opportunity to provide for an orderly transition to someone else and continue the business by spelling out what happens if you become disabled or die. Don’t do a disservice to your family by leaving these kinds of ends untied.
It seems like many people devote more time to planning a vacation, which car to buy, or even where to eat dinner than they do to estate planning deciding who will inherit their assets after they’re gone. It may not be as fun to think about as booking a trip or checking out restaurant reviews, but without estate planning, you can’t choose who gets everything that you worked so hard for. Estate planning isn’t only for the rich. Without a plan in place, settling your affairs after you go could have a long-lasting and costly impact on your loved ones, even if you don’t have a pricey home, large IRA, or valuable art to pass on.
Advanced estate planning—something more than a simple will or basic living trust can be critical for people with valuable, taxable estates. It goes above and beyond a basic foundation and provides options for minimizing or even eliminating estate taxes. Advanced estate planning can be used to perpetuate family values and protect assets for the benefit of future generations.
You can reduce or even eliminate estate taxes by gifting assets into an irrevocable trust for eventual transfer to your beneficiaries or even to charities. But the trust must be irrevocable. A simple revocable trust will allow your estate to avoid probate, but the Internal Revenue Service takes the position that you still own the assets you place into such a trust. You can revoke the revocable trust entity and take the assets back at any time. You remain in control of them. Not so with a more advanced irrevocable trust. Placing assets in an irrevocable trust is a permanent decision. You’re relinquishing ownership. Someone else not you must act as trustee. But if you can’t control them and you don’t legally own them at the time of your death, they don’t contribute to your taxable estate. It doesn’t have to be an all-or-nothing deal.
If you own some significantly valuable assets that you know you want to transfer to a certain beneficiary, you can place them alone into an irrevocable trust and maintain control over your other property. Many states allow trusts to continue for hundreds of years or even into perpetuity so you can establish dynasty trusts for their current and future family members. You can also create a legacy in your community by setting up charitable trusts or a private foundation that will provide a self-perpetuating endowment for years to come.
If you are here, you probably have an estate issue you need help with, call Ascent Law LLC for your free estate law consultation (801) 676-5506. We want to help you.
Infidelity is only 1 factor that the court may look at when it comes to alimony awards. It is not the only factor. There are other factors the court will consider.
Infidelity as a violation according to the subjective feeling that one’s partner has violated a set of rules or relationship norms; this violation results in feelings of anger, jealousy, sexual jealousy, and rivalry. What constitutes an act of infidelity depends upon the exclusivity expectations within the relationship. In marital relationships, exclusivity expectations are commonly assumed, although they are not always met. When they are not met, research has found that psychological damage can occur, including feelings of rage and betrayal, lowering of sexual and personal confidence, and damage to self-image. Depending on the context, men and women can experience social consequences if their act of infidelity becomes public. The form and extent of these consequences are often dependent on the gender of the unfaithful person. One measure of infidelity among couples is the frequency of children secretly conceived with a different partner, leading to non-paternities. Such covertly illegitimate children amount to about 1–2% of newborns in studied populations.
The term cheating is one that elicits cringes of fear, gasps of horror. Most likely you imagine that a partner in a committed relationship had sexual intercourse with someone outside of their relationship. But cheating can look like many things to many people. To some it may indeed refer to sexual intercourse only. To others it could be anything from an emotional attachment to another, fantasies of other partners, a kiss. Rather than use the term cheating here, something that makes me think more of copying someone else’s answers on a test and less about who you share your body or heart with and when.
Therefore, Infidelity as any action that violates an implicit or explicit agreement between two people thereby is undermining the relationship. The action may be physical or emotional in nature. Dishonesty is often but certainly not always part of an infidelity. To most couples, infidelity signifies a crisis, and they come in flooded with emotion and fairly deregulated. The infidelity sits in the room like another person or an object that was propelled into the scene like a bomb, ravaging lives. Life becomes polarized into before’s and after’s. Some can repair the damage done; turn an infidelity into an opportunity for growth and reconnection. And some can’t, the loss of trust being irreparable for one, the continued anger and blame intolerable for the other. Everything has a price especially in affairs of the heart. Sometimes you pay in dollars. Sometimes you pay in emotional turmoil. Often you pay in both. For better or for worse, alimony, infidelity and divorce are often hopelessly intertwined.
It goes without saying that having an affair can destroy your marriage. While plenty of couples rebound from infidelity, just as many (probably more) don’t. A spouse’s affair is often the death knell for a marriage. Even in those marriages that survive an affair, a spouse’s cheating destroys the trust that formed the foundation for the relationship. While that trust can be rebuilt, most couples don’t have the stomach or the stamina to try to do so. That’s especially true if their marriage was flagging long before the affair took place. But, adultery does more than just devastate your marriage, and your heart. When adultery leads to divorce, it wreaks havoc on your finances too. Fortunately or unfortunately depending upon which side of the affair you’re on marital infidelity doesn’t have nearly as big of an impact on the financial side of divorce as it once did.
Historically, adultery is one of the oldest grounds for divorce. In many countries, adultery was punishable by death. Adultery still is punishable by death in several countries in the Middle East and Africa. It is also still a crime in many states in the United States. But, adultery is rarely, if ever, prosecuted any more. In addition to being a crime, adultery may also form the basis for civil lawsuits in many states. Again, however, such cases are rarely pursued today. When they are pursued, they are even more rarely successful. In today’s world, the place where adultery has its biggest effect is in divorce. Yet, even that effect is waning. When divorce was based on “fault,” proving your spouse was unfaithful was often the key to getting a divorce. If both spouses were faithful, the law didn’t allow you to get divorced, no matter how miserable you were. (That is, of course, unless you could prove that your spouse had done something else that warranted divorce like subjecting you to mental or physical cruelty.) But now that “irreconcilable differences” is recognized as a ground for divorce, you no longer have to catch your spouse in the act in order to end your marriage. Yet, adultery still plays a significant role in divorce.
With the advent of no-fault, seeking a divorce based upon adultery became less and less common. While scorned spouses still may get emotional satisfaction from filing divorce papers that publicly proclaim that their spouse cheated on them, there is little legal reason to pursue that kind of claim. Infidelity generally has no impact on custody, child support, or parenting time at all. The only time a spouse’s affair will affect the kid issues in divorce is when the affair itself directly affected the kids.
Dissipation is a legal concept that means that one spouse spent marital money for a non-marital purpose. Translated, that means that one spouse spent money on his/her affair partner. While going after your spouse for all the money she/he spent on someone else sounds totally fair, in practice, proving dissipation can be tedious and expensive. Even when your state provides that, once you allege dissipation, your spouse must prove that he didn’t dissipate marital assets. Dissipation is still a tricky legal issue. It often requires you to spend days scouring credit card bills and sifting through boxes of old receipts. Of course, if your spouse has been living a double life for years, the dissipation in your divorce can be significant. The same thing is true if your spouse started living with his/her “sweetie” long ago. In those kinds of cases, proving dissipation can be well worth the effort.
The one aspect of divorce in which your spouse’s infidelity can still have a sizeable impact is in the area of spousal support. Even still, the impact that it has is still way less than what it had in the past. In a little less than half of the states, your spouse’s misconduct (i.e. adultery) has no impact on alimony whatsoever. It doesn’t affect whether your spouse has to pay alimony, how much s/he has to pay, or how long s/he has to pay it. In a very small number of states, your spouse’s adultery has a huge impact on alimony. Most states, however, consider adultery only as one factor in the decision of whether to award alimony. The laws in several of those states specifically state that alimony cannot be used to punish an adulterous spouse. The adultery is simply one of many factors a court may or may not decide to consider when deciding whether to award alimony.
In Utah, divorcing spouses may seek a “no-fault” divorce or a “fault” divorce. In a “no-fault” divorce, the filing spouse only needs to show that the marriage has been “irretrievably broken” for at least six months. This basically means that the couple can’t get along anymore and are unable to remain married because of their differences.
For a “fault divorce,” the filing spouse must show one of the following:
• cruel and inhuman treatment (such as physical or mental abuse)
• abandonment for at least one year
• incarceration for at least three consecutive years, or
Regarding the ground of adultery, Utah law defines adultery as a married person having sexual intercourse with a person who is not his or her spouse. If you’re seeking a divorce based on adultery, you must be prepared for a higher-conflict divorce case. The law requires that you provide evidence of the adultery from a third-party, such as a private investigator. Higher conflict divorce cases often cause more emotional harm on the parties, especially when children are involved. As a result, no-fault divorce is a good alternative, even when there has been adultery. During the divorce process, one spouse may ask the judge to award financial payments to help support that spouse during and/or after the divorce. The parties may agree on the amount to be paid, or the couple may have a pre-nuptial or post-nuptial agreement that sets out alimony payments. If there is no agreement between the parties, the judge will look at many different factors and decide if there should be an award and the amount of the payment. These payments may be called “alimony,” “maintenance,” or “spousal support.”
In making a decision about alimony, the court will look at the following factors:
• income and property of both spouses
• length of the marriage, including any time the couple lived together before and after the marriage
• age and health of both spouses
• present and future earning ability of each spouse, including reduced ability of one spouse due to delaying of education or career opportunities, and inability to earn due to age or absence from workforce
• need for one spouse to gain education or training, and how long this might take
• acts that prevent a spouse’s ability to gain employment or increase earning ability (for example, mental or physical abuse)
• where children from the marriage live
• any need to care for family members other than children
• any need to pay for exceptional expenses, such as schooling and medical care for children
• tax consequences to each spouse resulting from paying or receiving alimony
• what property was awarded during equitable distribution
• loss of health insurance due to the divorce
• contributions and services by the spouse seeking alimony, such as homemaker contributions, and
• any wasteful dissipation use of marital property by either spouse, or unfair transfer or hiding of assets.
When the judge looks at these factors, there is no fixed formula used to make the decision. Both parties will present evidence to the judge in support of their case, and the judge will make the decision based on an assessment of the entire set of circumstances.
There are many reasons why married people cheat. Upwards of 40% of married couples are impacted by infidelity, and despite the high percentage, most people even those who stray will say that cheating is wrong. Risk factors such as personality disorders and childhood issues, as well as opportunities such as social media and poor boundaries, can increase the chance that one of these reasons will actually lead to some type of affair. Frustration in the marriage is one common trigger; the cheater may make several attempts to solve problems to no avail. Maybe they had second thoughts about getting married or they were jealous over the attention is given to a new baby and neither had the skill set to communicate these feelings. Perhaps the straying spouse has childhood baggage neglect, abuse, or a parent who cheated that interferes with his or her ability to maintain a committed relationship. Less often, the cheater doesn’t value monogamy, lacks empathy, or simply doesn’t care about the consequences.
Men are more likely to have affairs than women and are often seeking more sex or attention. Men express their love in a more physical way they often don’t have the perfect feeling words for their wives. So sex becomes an important path to connection and intimacy. If men aren’t sexually satisfied (for instance, if their spouse declines sex often), they take that rejection to heart, and it can easily translate to feeling “unloved.” In fact, men are more likely than women to cheat due to a feeling of insecurity. When women cheat, they’re often trying to fill an emotional void. Women frequently complain of disconnection from a spouse, and of the wish to be desired and cherished. Women are more likely to feel unappreciated or ignored, and seek the emotional intimacy of an extramarital relationship. An affair is more often a “transitional” partner for the woman as a way to end the relationship. She is seriously looking to leave to her marriage and this other person helps her do just that. That’s not to say that sexual satisfaction isn’t a primary driver of affairs for wives as well as husbands. In one study of men and women who were actively pursuing or involved in extramarital affairs, both genders said they were hoping to improve their sex lives because they felt their primary relationship was lacking between the sheets. Similarly, boredom with the marital relationship may lead both men and women to cheat.
There’s a myriad of reasons or causes why men or women may engage in an extramarital liaison, but certain risk factors either with one of the individuals or the marriage as a whole increasing the odds it will happen.
The general rule is that it takes two, or in this case, to mess up their marriage with an affair, but there are certainly exceptions. Individual factors that may increase the chance of infidelity include:
• Addiction: Substance abuse issues, whether it’s addiction to alcohol, drugs, gambling, or something else, are clear risk factors. Alcohol, in particular, can reduce inhibitions so that a person, who wouldn’t consider having an affair when sober, may cross the line.
• Previous Cheating: The saying “once a cheater, always a cheater” is more than an old wives’ tale. Those who were involved in an extramarital sexual relationship were three times more likely to become involved in extramarital relationships in their next relationship.
• Personality Disorders and Psychological Issues: People who have strong narcissistic traits or personality disorders such as narcissistic personality disorder or antisocial personality disorder are more likely to cheat. With narcissism, an affair may be driven by ego and a sense of entitlement. In addition to being self-centered, people with these disorders often lack empathy, so they don’t appreciate the impact of their actions on their spouse. The particular psychological issues or personality traits that raise the risk of adultery in marriage may differ between the sexes.
• Mental Illness: Some mental illnesses, such as bipolar disorder are a risk factor for cheating in marriage.
• Childhood Issues: Having a history of childhood trauma (such as physical, sexual, or emotional abuse or neglect) is associated with a higher chance that a person will cheat (if he or she has not addressed the trauma and has unresolved issues).
• Sex Addiction: Certainly, sex addiction in one partner increases the chance that they will be unsatisfied with the physical aspect of their marriage and look elsewhere.
Risk Factors with the Relationship
Problems in the marital relationship can also be a risk factor for cheating. Some of these include:
• Lack of communication
• Emotional and/or physical disconnect
• Low compatibility (people who married for the wrong reasons): Low compatibility can lead to a sense of “buyer’s remorse”
• Domestic violence and emotional abuse
• Financial pressures
• Lack of respect
When you need legal help with a divorce case in Utah, please call Ascent Law LLC (801) 676-5506 For Your Free Consultation. We want to help you.
Filling in as the executor of somebody’s last will and confirmation can be a respect and the most unnerving knowledge of your life simultaneously. By definition, an executor is endowed with the huge obligation of ensuring an individual’s last wishes are conceded concerning the attitude of their property and assets. When it comes down to fundamentals, an executor of a will is in charge of ensuring that any obligations and leasers that the expired had are satisfied, and that any residual cash or property is disseminated by their desires. In spite of the fact that the law doesn’t require an executor to be a legal counselor or monetary master, it requires than each executor satisfy their obligations with the most extreme trustworthiness and steadiness. The legitimate term for this prerequisite is a “guardian obligation,” which holds the executor to act in compliance with common decency concerning an individual’s will.
An executor is an individual selected to control the bequest of a perished individual. The executor’s primary obligation is to complete the guidelines and wishes of the perished. The executor is selected either by the deceased benefactor of the will (the person who makes the will), or by a court, in cases wherein there was no earlier arrangement. The executor is in charge of ensuring all benefits in the will are represented, alongside moving these resources for the right party (parties). Resources can incorporate budgetary possessions, for example, stocks, securities, or currency advertise ventures; land; direct speculations; or even collectibles like are. The executor needs to gauge the estimation of the domain by utilizing either the date of death esteem or the elective valuation date, as gave in the Internal Revenue Code (IRC). The executor additionally needs to guarantee that every one of the obligations of the perished are satisfied, including any duties. The executor is legitimately committed to meet the desires of the perished and act in light of a legitimate concern for the expired. The executor can be nearly anybody however is generally a legal counselor, bookkeeper or relative, with the main limitation being that the person in question must be beyond 18 years old and have no earlier lawful offense feelings. Executors are key in domain getting ready for people and their families and recipients. Domain arranging is a sweeping term that spreads how a person’s advantages will be saved, overseen, and conveyed after death. It likewise considers the administration of this current person’s properties and monetary commitments (for example obligations) if s/he winds up crippled.
People have different purposes behind arranging a home, including safeguarding family riches, accommodating enduring companions and youngsters, financing kids and additionally grandkids’ instruction, or abandoning their heritage to a magnanimous reason. The most essential advance in bequest arranging includes composing a will. Other significant bequest arranging errands include:
• Constraining bequest charges by setting up trust accounts for the sake of recipients
• Building up a watchman for living wards
• Naming an executor of the home to direct the particulars of the will
• Making/refreshing recipients on plans, for example, extra security, IRAs and 401(k)s
• Building up yearly gifting to qualified altruistic and non-benefit associations to diminish the assessable home
• Setting up a sturdy intensity of lawyer (POA) to coordinate different resources and speculations
It’s a significant activity, and truly, an executor is normally qualified for installment. The amount she may be paid relies upon the state wherein the decedent has kicked the bucket and where the will is being probated. Numerous individuals incorporate arrangements for their executor’s remuneration in the details of their wills. Courts normally respect these arrangements in the event that they don’t go against state law, and state law dominates if the will is quiet as to installment. As a down to earth matter, numerous executors who are firmly identified with the decedent forgo installment, especially when they’re recipients under the terms the will and when the home isn’t convoluted. The executor’s installment leaves the home, diminishing the sum that is left over for recipients. What’s more, installments for administrations rendered speak to assessable pay to the executor, while money legacies for the most part aren’t assessable, in any event not at the government level. Much of the time, it can bode well for the executor to swear off installment and acknowledge a to some degree bigger legacy.
Not all domains require every one of these means, and some especially confounded bequests may require extra work. This is an essential diagram of what the activity can involve. Counsel with a bequest lawyer in the event that somebody has requested that you go about as executor to discover precisely what will be expected of you in your state.
When the domain has been opened for probate in the Utah district where the decedent lived, the executor who is named in the will is selected by the probate court. At the arrangement or before long, the court issues letters testamentary. Letters testamentary are duplicates of a one-page archive expressing that the executor has expert to follow up for the benefit of the decedent with respect to settling the domain. The letters testamentary enable the executor to give confirmation that he has the ability to follow up for the perished benefit. The executor gets letters testamentary when he officially acknowledges the situation recorded as a hard copy. In the event that the decedent passed on without a will, the court chooses an agent who should likewise acknowledge the arrangement recorded as a hard copy.
In the state of Utah Legally, a manager or executor of a bequest can’t do anything until they’ve been guaranteed by the court, so it’s critical to jump on the probate court schedule as fast as could be allowed. Some portion of that confirmation procedure is additionally finding the will, if there is one, and documenting it with the court. This may sound basic enough, yet in case you don’t know there’s a will or don’t have a clue where it is, you have to demonstrate the court that you’ve tried to discover it. That implies experiencing the majority of the decedent’s papers, calling their lawyer, checking with their bank to check whether they have a security store box, and heading off to the town hall to check whether a will has been documented there.
Regardless of whether a will is 30 years of age and the greater part of its recipients have kicked the bucket, if that is the latest form, that is the one that should be recorded and pursued. On the off chance that there is no will, the executor of the bequest must appeal to the court to announce the home “intestate.” all things considered, you’ll need to pursue state laws to decide legitimate beneficiaries before settling a domain. Finding resources can transform into a scrounger chase. We’ve worked with customers who had no clue about a portion of the advantages their folks claimed, incorporating property in different states, costly gems covered up in the bogus base of a trunk, and long-overlooked bonds now worth a little fortune. You should discover and report everything the decedent claimed, in such a case that something turns up later—after probate closes—you could need to plunge once again into more administrative work. The watchwords here, however, are “verifying” and “safeguarding.” Once you’ve found everything and made a total stock of advantages, it’s your legitimate obligation to verify the benefits so they aren’t lost or stolen, and that they keep up their incentive between the season of the demise and when probate at long last settles a domain. Until probate settles, you should deal with the funds of the bequest as though it were a different business. This is the place we’ve seen an excessive number of individuals hazard executor wrongdoing by blending cash from the domain with different assets. You additionally should gather any obligations owed to the decedent, including back pay, annuity pay or Social Security that was expected at the season of the passing. Executors must document bequest duties and individual annual charges for the decedent. The majority of this bequest bookkeeping will in the long run be documented with the court. Additionally state of Utah enable home executors to get “sensible” installment from the domain for their administrations, however here’s the trick—you don’t get the opportunity to choose what’s sensible. The court will choose for you, and your record-keeping must be trustworthy. We’ve seen customers pay their own bills out of the bequest’s records and give themselves liberal rewards for the hours they’ve put in. This is clear executor offense. Keep in mind, it’s not your cash. Everything has a place with the domain, and each dime you spend should be endorsed by the court.
In fact, circulating resources is the essential occupation of an executor, yet these different advances must be finished before this can occur. Where we’ve seen executors kept running into inconvenience is the point at which they make dispersions too soon or in the off-base request. Despite what’s in the will, lenders have top need with regards to getting resources from the domain. Be that as it may, not all loan bosses are equivalent. Each state has its very own need positioning (obviously, Uncle Sam is for the most part at the top). On the off chance that an executor of a bequest neglects to appropriate dependent on the right need, the executor may need to compensate for any shortfall with their very own cash. Simply after all banks are paid should an executor disperse any outstanding resources for recipients—and after that just to named recipients (or legitimate beneficiaries if there is no will). It’s enticing to give a touch of something to relatives or companions who were near the decedent, yet on the off chance that they aren’t named as recipients, anything you dispense outside of the will could wind up leaving your very own pocket. Notwithstanding the issue, however, there’s one law each executor ought to pursue: When in uncertainty, inquire. Check with the probate court before paying out any cash, and if the home is especially convoluted you might need to acquire a probate master. That can spare you a great deal of migraines—and a ton of cash—not far off.
Normally The Utah probate code names the beneficiaries of individuals who kick the bucket without a will. These are known as the Utah “laws of intestacy.” The property will go to a life partner who is the main survivor. On the off chance that the perished is made due by a life partner and kids who are all from the companion, the mate is the sole beneficiary. On the off chance that the expired is made due by a mate and at any rate one youngster who isn’t from the mate, the mate gets the first $75,000 and the a large portion of the parity, with half of the parity setting off to the offspring of the perished. In this last case, the law requires a probate court to include every other exchange which go outside the probate (for instance, in joint tenures, shared services, or in a trust) for the reasons for making the counts. On the off chance that the perished leaves neither a mate nor a youngster, Utah intestacy laws characterize the closest relative – relatives (grandkids, incredible grandkids) first, at that point guardians, at that point siblings and sisters, at that point different relatives of the guardians, at that point different relatives. In spite of an exceptionally regular conviction, the property isn’t relinquished to the state. Utah intestacy laws will locate a relative (“closest relative,” anyway remotely related they might be.
Additionally a legal advisor can’t charge a rate expense dependent on the advantages of the bequest for recording and overseeing an Utah probate. Our Utah probate attorneys and different legal counselors now and again consent to rate expenses (no charge except if resources are gathered) in probate related claims to recuperate or gather resources of the home, win illegitimate passing cases and different claims including misuse and money related abuse claims In contrast to numerous states, Utah does not force exceptional prerequisites on executors who live out of state. Be that as it may, that doesn’t mean it’s a smart thought to delegate somebody who lives far away. For commonsense reasons, it’s typically best to name an executor who lives close you. Your executor may need to deal with everyday issues for quite a long time, months, or at times longer.
When you need legal help as an executor of a will or as a personal representative, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.