Sunday, September 30, 2018

Signs That You Should Get a Divorce

Signs That You Should Get a Divorce

Are you on the fence about whether or not getting a divorce is right for you? The following are a few signs of failing marriages people most commonly notice before they end up filing a divorce petition:

  • There are more bad moments than good: Why would you want to live with a relationship in which most of your interactions with your spouse are negative? The constant negativity in your life can be emotionally unhealthy, causing you to fall into depression or experience other mental health issues.
  • You cannot stop focusing on flaws: Spending a lot of time with anyone can lead to you becoming more irritated than usual with that person’s flaws. But in a healthy marriage, you should be able to overlook the flaws of your spouse and learn to live with them. If you find yourself unable to stop focusing on these flaws, you may be experiencing trouble in your relationship.
  • You constantly feel attacked: Do you feel as if you are always walking on eggshells around your partner? This could be a predictor of a failing relationship, as well. You should work to confront this feeling whenever it arises rather than just attempting to deal with it on your own.
  • You have lost interest: In so many failing relationships, the decision to file for divorce was made because one partner simply lost interest in the relationship. Perhaps he or she lost any romantic feelings or attraction for the other person. Or, maybe the two spouses started to feel more like roommates than romantic partners. This can be fatal for a marriage.

Utah-Specific Divorce Rules to Know

Are you preparing to file for divorce in Utah? Below is a brief overview of a few rules and factors you might consider as you move forward with the process.

Grounds for divorce

The state of Utah allows you to file for divorce on either fault or no-fault grounds. Fault grounds can give you an advantage in cases that involve child custody contests, disputes of marital property distribution or spousal maintenance (also known as alimony). You can also base your divorce on you and your spouse having been separated for a minimum of 12 months.

Residency requirements

You must have lived in Utah for at least thee (3) months before you can file for divorce in the state. If you have minor children, you need six (6) months.  There are some exceptions to these rules.  An attorney can help you provide evidence that you are a legal resident.

Child custody and support

As in all other states, Utah courts base child support and custody arrangements on what is in the best interests of the child. The presumption is that it is best for children to have frequent contact with both parents, which means a favoring of joint custody arrangements. However, if it is in the best interests of the child for one parent to have sole physical custody, the court will make that arrangement.

Both parents must financially support their children after the divorce. The amount of child support depends on a variety of factors, including how much time each parent spends with the children and each parent’s income.

Property division

Utah is an equitable division state, which means the individual who owns which pieces of property is not the sole factor the judges will consider. Instead, a judge will divide marital property in a way he or she determines to be fair, even if that division is not equal.

Free Initial Consultation with a Divorce Attorney

Divorce is tough. No question about it. Look, when you need a divorce lawyer, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

Slip and Fall Accident Lawyer

You go to great lengths to make sure your home in Salt Lake City, Utah, is safe for your family. Unfortunately, you can’t be a hermit and lock yourself away from every danger in the world. Eventually, you have to leave the house to get food, toothpaste or to visit your lawyer.

Your kids will have to go to school. Let’s face it, you also have to leave the house for work. You don’t have control over how safe the store, your workplace or your kid’s school keep their facilities, but that doesn’t mean you’re helpless.

Slip and Fall at the Grocery Store

There are precautions you can take, but it’s hard not to feel helpless when one of your loved ones gets injured in a slip and fall accident at the grocery store. You had no control of the environment.

The injury could have been caused by the negligence of the staff at the store. They should be held accountable in order to guarantee that others are safe. Hopefully, it doesn’t get that far. Ideally, store owners will minimize risks by cleaning spills promptly and placing mats at the entrances of the store during the wet seasons. However, you should always stay vigilant of hazardous environments.

Slip and Fall at Work

Whether you work in an office building or a factory, there are certain places around the vicinity that pose greater slip and fall risks than others. Make sure you are aware of these places. Be aware of the icy front steps in the winter. Or even worse, watch out for the slippery entrance way where the melted snow has created standing water.

Your employer is responsible for salting the steps outside and taking care of standing water in the entrance. But that doesn’t mean you shouldn’t be careful anyway. Take the advice of your lawyer and be careful on slick surfaces.

Slip and Fall at School

There are a lot of students at public schools. That means a lot of foot traffic, especially at the elementary level where kids are frequently going outside for recess then tracking water back in. Now add the boisterous nature of children, loose shoe-laces and an understaffed janitorial team. Can you see why your lawyer is concerned about slip and fall accidents?

Teach the members of your family to always be aware of their surroundings. It’s not good enough to rely on others to make sure they are safe.

WORKING SAFELY IN HIGH RISK ENVIRONMENTS

From welding to construction, mining and more, there are a lot of tough, risky jobs in Salt Lake City. In order to keep you or your family members safe and avoid the need for a wrongful death lawyer, let’s take a look at tips for staying safe at work in high-risk positions.

Stay Aware

The best thing you can do is to be aware of your surroundings and what your risks are. What things around you might cause injury? Are there any functions being performed unsafely that you can see? Can you make certain areas of your workplace safer by keeping things more orderly?

Use Proper Safety Equipment

While most companies are required to provide safety gear to their employees, it’s still up to you to make sure you’re wearing it. The last thing you want is to have your family tied up in a wrongful death case because you didn’t wear your gear. Be sure to check with your employer or with the Salt Lake City Occupational Safety and Health Administration (OSHA) office to see what kind of safety equipment you need in your industry. A lawyer might also tell you there can be fines associated with not complying with OSHA regulations.

Follow Protocol and Use Common Sense

Most companies have a prescribed way of completing certain tasks that ensure they’re done safely. Be sure to follow all safety measures for any activity, and use common sense for any new ones. If it seems like completing a task a certain way might be dangerous, find another way.

If You See Something, Say Something

All too often, injuries occur because an employee didn’t say something to a fellow employee about safe practices. If you see someone not following safety protocol or not wearing proper equipment, voice your concerns to him.

Free Initial Consultation with a Slip and Fall Lawyer

If you’ve been injured in a slip and fall accident, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Saturday, September 29, 2018

Divorce Counsel

Divorce Counsel

In hindsight, people who have been divorced can usually offer advice on how a lawyer helped or hurt their case. If thinking about divorce, it is important you understand up front the need for good legal counsel for any family law matter.

Divorce is the process of dissolving the legal relationship between you and your spouse. While you do not need to hire an attorney, the decisions you make during divorce impact your life far into the future. Before you are granted a divorce, you must resolve issues with your spouse concerning property, finances, support and children.

Experienced attorneys who handle family law are seasoned litigators who understand contract law, property division, the rights of mothers and fathers, child custody and the civil and sometimes criminal court system. Choosing the right counsel has a tremendous impact on the outcome of your case and your fortunes down the road. So what do you need?  Consider these points:

  • Experience: Retain an attorney who practices solely in family law. Even if your friend the personal injury attorney is willing to help you out, ask for a referral instead.
  • Ability: Even simple, amicable divorces can turn into bitter high conflict cases. High conflict cases give divorce a bad name, so make sure you have aggressive counsel willing to protect your rights.
  • Forum: Choosing an attorney unafraid to mediate or litigate gives you options for handling your case, whichever way it turns.

Heading for Divorce: Three Tips To Consider

It is easy to make small mistakes that have a big impact during divorce. When thinking about divorce, skilled legal counsel helps you anticipate problems that could dim a bright post-divorce future.

If the health of your marital relationship is uncertain, consider these tips:

  1. Financial literacy: If you suspect your spouse is thinking of divorce—or if you are—get a good understanding of your financial situation. Know where and how your wealth is held. Make copies of important documents and tax returns. If you are not familiar with the finances, review account statements to ensure unexplained sums were not transferred out of investment or other accounts.
  2. Keep conflict low: Lower conflict divorces cost less in time and money. Mediation is a terrific avenue toward divorce for couples who can still work together for their common good.
  3. Loose lips: If your spouse makes an informal promise that sounds too good to be true at the outset of divorce, it probably is. Do not agree to conditions proposed by a spouse without speaking with an attorney, especially if there seems to be a threat involved. Before, during and after a contested divorce, be careful about what you say to mutual friends and what you write in an email or on social media websites.

Updating Your Estate Plan After Your Divorce

If you’ve been through a contested divorce, you’ve already fought to hold onto your separate property and a fair portion of your marital estate. So why let your estate plan give it all back to your ex? That’s what could happen if you don’t review your testamentary documents and financial products that list your beneficiaries.

After divorce, you need to revise your will for a couple of reasons. First, you might not have retained ownership of all the property that’s listed. You can’t give away what you don’t own. But more importantly, your ex-spouse is probably first and foremost among your beneficiaries. If something should happen to you before you revise your will, your worldly wealth may be headed toward the person you least want to get it.

Now, take a look at your financial instruments. The insurance policies, annuities, brokerage accounts and bank accounts you held onto almost certainly have a beneficiary listed. Upon your passing, those instruments transfer automatically to the named beneficiary, who is most likely your ex-spouse.

And what about your retirement plan? If you were the primary earner in your marriage, the court probably severed your qualified plan – 401(k) or IRA – with a qualified domestic relations order (QDRO). But if you were part of a two-career household, your retirement accounts could still be intact. If so, they no doubt name your ex as the beneficiary.

Finally, did you create a trust to hold any of your separate property? Take a look at the named beneficiary there. If it’s a revocable trust, you can amend it, naming someone else. If it is an irrevocable trust, you will need the beneficiary’s permission to make that change. If you didn’t bring that up with your ex during your divorce, good luck handling it now.

Free Consultation with Divorce Lawyer in Utah

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

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Do You Have Too Much Debt?

Do You Have Too Much Debt

Debt gets a bad rap, but debt is not necessarily always a bad thing. In the business world, Fortune 500 companies sell off debt in the form of bonds to raise capital and expand operations. They create jobs in the process. In the consumer world, families routinely finance the purchase of a home by taking on mortgage debt. If they choose wisely, financing the purchase of a home can build wealth. In both cases, debt can be helpful. However, there is such a thing as too much debt. When debt, either business or personal, spirals out of control, life can grind to a halt and money worries can become all encompassing. If you’ve struggled with more debt than you can handle, you know what I’m talking about.

Debt isn’t always bad, but be careful about taking on too much…

So how do you know if you have “too much debt?” We’ve provided a list below which will help you evaluate whether your debt load is healthy or if it may be growing beyond your control.

Have you been denied new credit?

By definition, taking on debt means borrowing money. One of the big factors lenders look to in underwriting a new loan is the current debt load of the prospective borrower. If you’re consistently being denied for new credit, it may be a sign that you are reaching the maximum level of debt you can comfortably handle.

As Wells Fargo points out in their Five Cs of Credit:

A Bankruptcy Lawyer has said that Lenders need to determine whether you can comfortably manage your payments. Your past income and employment history are good indicators of your ability to repay outstanding debt. Income amount, stability, and type of income may all be considered. The ratio of your current and any new debt as compared to your before-tax income, known as debt-to-income ratio (DTI), may be evaluated.

On the other hand, if you’re still able to access credit, it may be a sign that your debt is under control. This is especially true today where underwriting restrictions have become far more stringent than they were in the Wild West days of 2005.

Are you late on payments?

Missing routine payments is a sign that you may be carrying too much debt. Unfortunately, getting in a cycle of paying late when a paycheck finally comes in or a new loan goes through, carries with it a cycle of late fees and compound interest which can make it more difficult to get out of debt. If you’re consistently paying late, it’s a sign that your debt may be an issue.

Similarly, paying debt with more debt is a sign of trouble. For example, if you’re using one credit card to pay another, you may already be in problem debt territory.

Are creditors or debt collectors calling you at home?

For the seriously indebted, this is a big one. Anyone facing bills that they cannot pay knows that creditors call non-stop. Sometimes they will even sue. If you’re getting collection letters and phone calls or if you are the defendant in a collection lawsuit, it is certainly a sign that you have more debt than you can handle.

Do you have savings?

To some, this next question may seem slightly counterintuitive. After all, this is an article discussing too much debt, not how to get ahead. But therein lies the problem, having a year or so worth of living expenses in the bank is not getting ahead, it’s insurance against falling behind. If all of your money every month goes to living expenses and debt, it may be a sign that your debt to income ratio is an issue. Debt to income ratio (DTI) can be roughly defined as the percentage of your monthly gross income that goes towards paying your debts. As I pointed out above, lenders use DTI to evaluate the creditworthiness of new borrowers. A DTI that is out of whack indicates you’ve borrowed as much as you can handle, you don’t have the capacity for new debt.

Do you ever pay down debt?

Perhaps you pay your monthly bills on time and never hear a peep from creditors. That’s great, but are you able to contribute anything to actually paying down debt as opposed to paying interest. Many types of consumer loans, including high interest credit cards and payday loans, carry with them extremely high rates of interest. The monthly payment that borrowers make often goes entirely to satisfying the interest on the loan. This prevents the principal from ever being paid down and traps the consumer in a nightmare cycle of feeding the credit card interest monster. If this sounds like you, it is a sign that you have more debt than you can handle.

Is debt constantly on your mind?

Now we get into less tangible, but still relevant factors. For example, if you’re a man and you’re thinking about your debts as much as you are about sex, you know there’s a problem. Problems with debt can become all consuming. As I’ve written in the past:

It’s never the actual red in the ledger that causes debtors to suffer, it’s the worry about supporting a family, collection phone calls, lawsuits, foreclosure and the myriad of other mental beatings the seriously indebted are forced to endure. Whether it’s fear of having a credit card rejected at the grocery store or concern over a pending wage garnishment, consumers who find themselves in debt are constantly reminded of their predicament. They can’t escape mentally. The debt follows them wherever they go, becoming their constant companion, causing incredible stress that breaks up marriages and ruins friendships.

Is your health suffering?

It’s no secret that excessive stress can lead to poor health, however, most people don’t make the connection between a decline in health and an increase in debt. Make no mistake, the two can be linked. Web MD has published an informative article on the link between debt stress and poor health.

The [debt] stress may be correlated with physical symptoms like heartburn, headaches, and abdominal pains. “If you have a knot in your stomach all the time, or if you’re feeling anxious and worried a lot of the time, that would be an area of concern,” he says. “These are signs that stress is starting to take a toll and you should give it more attention than the average person.”

If you’ve noticed a recent decline in health, or new stress-induced symptoms, debt stress may be to blame. If this sounds like you, consult a doctor.

Thinking about Bankruptcy?

Unfortunately, there is no magic formula for determining whether you have taken on more debt than you can handle. Debt to income ratio can be instructive, late payments on existing debt may be a sign, but each consumer’s situation is different.

Free Consultation with a Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Friday, September 28, 2018

Divorce Information on the Internet

Divorce Information on the Internet

If you are reading this, I understand you are already looking for divorce information on the internet.  Here is something you should know:  the cases and the new developments in the law that are listed on the internet are the one in ten thousand rare exception and may not apply to your particular case.

For example, most recently, a Judge in one of our firm’s cases ordered joint shared parenting.  This is a very rare occurrence and was the subject of some internet blogs, and a second case reported by official legal publication.  Because this issue was so unique, it has brought a huge volume of comment and searches.  The “internet spiders” then listed this information as more relevant than all other father’s rights and joint custody information.  It has taken the very few (absolutely rare, one in 10,000 exception cases) and turned them into the most searched cases.  This is why people who are searching for divorce information on the internet must be careful.

On a daily basis we have clients come into the office.  It is important that we are aware of the new developments and we are most often way ahead of all other firms.   I say this with confidence because we have eleven attorneys that are in court every day.  We handle a wider amount of cases, and we are before more Judges than almost any other firm in Utah that exclusively handles matrimonial law.   Therefore, we know the statistics and we know the exceptions to every rule.   However, many of our new clients seem to only know the exceptions to the rules and are not familiar with the rule.

For example, if 10,000 cases are all resolving the same way, that is not news.  That is not something that is going to be picked up by Google searchers.  It is not something that is going to elicit a huge volume of texted, linked (in and out bound) and comments by news worthy sources.  It is only the exceptions to the rule that will be subject to link, sharing, in and out bound, together with a large volume of traffic.  Therefore, people who are searching for joint custody, unique child support problems, or even specific problems with respect to their case and their fact pattern, may only be getting the exceptions to the rule and not what “normally” occurs on a day to day basis in the courthouse.

Think about it, nobody reports on the day to day cases handled by a Judge.  Nobody reports on the law that is practiced daily throughout Utah State, to the same extent, that interest is generated on the exceptions to the rule.  Therefore, rather than spending a huge amount of time searching for information about divorces (and often coming up with just the exceptions to the general rules) it is best to contact an attorney.

It is our opinion and our experience that the larger the firm, the greater amount of cases that a law firm will handle.  Therefore, the law firm will have real and updated information concerning facts and circumstances affecting couples and children in that location.

Furthermore, it is important to note that when a case is “noteworthy” or “newsworthy” it is usually after the case has “lost” twice or more.   Cases in the very lower trial courts in Utah State (Supreme Court) often do not make the news or are newsworthy.   It is only after the attorney or the law firm loses the case, that it is appealed to the Appellate Division.   Thereafter, it may be appealed again to the Court of Appeals.  Then if the case is reversed, or the decision is different or unique, the decision will be noteworthy and it will be the one exception to the rule after a three to five year fight and tens of thousands of dollars.  Do not be mistaken, although the Appellate Division and the Court of Appeals will have precedence and may control future decisions, this takes years and there is usually a reason why the case that comes up first on the internet is different from the average day to day case.    It stands to reason that if there is one out of every 10,000 cases is newsworthy or notable, your specific case has a very poor chance of fitting into the very exact fact pattern.

When looking through various medical websites such as “Web, M.D.” people often see signs and symptoms that they personalize and feel are applicable to themselves.  When looking through the internet, people see just a sampling of the law and the practice of attorneys in matrimonial law.  That sampling is not representative of the average case.  In fact, it is usually just the exception to the rule.   A small amount of legal information is often worse than having a full consultation.  Take a full consultation.  You owe it to yourself and your children.

Free Initial Consultation with a Divorce Attorney

When it’s your divorce on the line, it needs to be done right. So call Ascent Law for your free consultation (801) 676-5506. We want to help you get your divorce done right.

Michael R. Anderson, JD

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

Mothers and Child Custody

In years past, it was usually a given in Utah courts that child custody went to the mother upon divorce. The tender years of a child coupled with a cultural norm carried the day for mom. This may still be true in some cases—but usually not without a fight.

Today more fathers are seeking custody of their children. The best custody arrangement supports the relationship of children with both parents. However, from years of experience litigating and winning tough child custody cases, our family law attorneys understand some fathers just want to fight, or even seek custody only to reduce child support payments.

Presumption of maternal custody by courts has given way to the best interests of a child. Instead of finding a parent unfit, litigants must now prove, and courts must find, that custody with one parent or the other is in the best interests of the child.

In shifting toward best interest factors, courts now consider the history of care giving. Was the mother the primary caregiver? Did parents split parenting equally? Which parent has a more flexible work schedule?

Regardless of economic and technological changes, the roles of mothers and fathers will always be different in the world of a child. The majority of older children expressing a preference choose to stay with mom.

But custody for mothers is no longer a given. Do not make the mistake of assuming it is. Hire experienced attorneys who will fight without hesitation to protect the well-being of you and your children.

How a Child’s Age Can Influence Custody Disputes

In the past, many jurisdictions in the United States relied upon the tender years doctrine in child custody cases. This doctrine essentially created a presumption in favor of the mother in custody disputes involving children under a certain age.

Most states, including Utah, have departed from this doctrine as an officially recognized principle of law. Nevertheless, as a practical matter, it is very common for family courts in Utah to hold an unspoken and unofficial preference for the mother in custody cases involving young children.

As a general rule, the younger the child is, the stronger the preference for granting custody to the mother. For fathers seeking joint or sole custody of a young child, this can be a difficult hurdle. Because this preference is not an official point of law, it is difficult to attack directly. There is no roadmap delineating how a father can overcome the presumption in favor of the mother. The best option for a custody-seeking father is to retain an experienced lawyer to see to it that his interests are fully represented.

Our knowledgeable family law attorneys can help facilitate negotiation and settlement prior to trial on custody matters—the stage at which an agreement granting joint custody is more likely. For cases where the other parent is unwilling to negotiate or where a client seeks sole custody, we use our extensive trial experience to zealously and effectively advocate on his or her behalf in the courtroom.

Free Consultation with Child Custody Lawyer

If you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will aggressively fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Thursday, September 27, 2018

Entitlement and Lawsuits

Entitlement and Lawsuits

The ultimate tragedy of the sense of “victimization” and “entitlement” that now permeates the American psyche is the worsening affect it is having on the diminution of the Rule of Law.  Think about this – seriously think about this. Where once the public, the business world and the international community understood and trusted the American Rule of Law, they now fear its uncertainty. The potential social and economic consequences of that fear are grave, indeed.

Once a nation of risk takers, fear and suspicion now condition our every action and interaction – in business, healthcare, education, government – on the street, in the workplace, even in church and at home. Fear of liability is stifling America’s ingenuity and resourcefulness. It squashes people’s freedom to act; and it saps the nation’s willingness to take risks. Our once unbounded desire to succeed has been replaced by fear of failure as America’s primary driving force.

For whatever reasons, America has become a nation of self-centered, self-anointed “victims” that readily lay blame for their failures and deficiencies on others. This particularly pernicious trait has been spreading throughout the population like a virulent cancer.  Isn’t it curious how Americans began acting as though they were “entitled” to other people’s money about the time the federal government began treating the public to entitlements for which citizens once felt personally responsible.

Those so-called government “entitlements” now account for more than half the federal budget. Then again, maybe it’s a bit of a stretch to think the government would condition Americans to be dependent upon it, much like Pavlov did with dogs. Then again — maybe it’s not that much of a stretch. Today we live in a culture that has almost religiously discarded “assumption of risk” and the principle of personal responsibility in favor of a seemingly universal predisposition for victimization and a growing sense of entitlement to compensation for every wrong that comes our way. Litigation is now the option of first choice whenever something goes awry. The lawsuit has become society’s favorite remedy for a failed life, a job gone wrong, any disagreement, or a marriage that fails. Accidents are no longer “accidents”; they have become green lights for lawsuits.

While the U.S. tort system may not be the cause of society’s growing sense of victimization, it most assuredly validates and exacerbates the public’s growing sense of entitlement to the wealth of others. Fifty years ago, if a youngster stumbled and cut himself on a rusty nail while playing at night in a vacant lot, his parents most likely scolded him for playing where he shouldn’t have been before seeking medical treatment. Today, the same scenario would likely result in a prompt call to a personal injury lawyer probably before seeking medical treatment – and that lawyer would gleefully rattle off the names of a half-dozen or so potential defendants, none the least of which would be the manufacturer of the rusty nail that did the damage.

The metamorphosis in American character occurred not overnight but incrementally – as government and business grew bigger and more dominant in the aftermath of World War II. At the same time, the public sensed a loss of individual power in what was becoming an increasingly over-regulated society. Fear of vulnerability and feelings of victimization followed suit, manifesting itself in the meteoric rise in litigation for every misunderstanding, accident or other misfortune that came along.  Whereas Americans once willingly accepted responsibility for their own actions and choices, the public gradually came to believe that every bad thing should be blamed on someone or something. And whoever or whatever contributed in any way to any bad thing must be made to pay. Lawsuits have become the most popular way to get that payment.

With civil justice becoming synonymous with self-interest, judges no longer “judge” the sense of law in their courtrooms. Instead, they have become tort tax assessors, assigning blame based on competing theories of liability, while “facts” are played like pawns in this adversarial game.

Free Initial Consultation with a Trial Lawyer

When you need an attorney to help you,call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

Ending a Common Law Marriage

In some states, including Utah, couples are considered married after being living together for a long period of time, sharing finances, and hold themselves as married. Common law couples act just as married couples, except they are not required to get a marriage license, and have a traditional ceremony.  If you choose to end a common law marriage, it’s important you understand these laws and find experienced legal representation from a Salt Lake City divorce attorney

UTAH REQUIREMENTS

Some requirements in common law marriages in the State of Utah include:

  • Parties are of legal age, at least 18 years old.
  • They cohabited before common law marriage Utah.
  • They can lawfully enter into solemnized marriage.
  • They hold themselves as married even before common law was implemented in Utah.
  • They assume marital obligations, rights, and duties within the common law marriage.

 

VALIDITY OF COMMON LAW MARRIAGE

Although there are laws that address common law marriage in the states allowing such unions, some specific things are considered in order to recognize a common law marriage Utah or any other state recognizing common law:

  • The parties signed power of attorney papers while still being in the relationship.
  • The marriage took place in a state where such unions are allowed.

Common law marriage Utah can be validated within another state but some factors such as a separation or divorce are considered. Some things the court generally considers to validate a common law marriage in Utah include:

  • Parties cohabitated either in Utah or another state where such marriages are legal.
  • There are common law marriage requirements established by the out of state jurisdiction.
  • The court can establish the date of the common law marriage.
  • The court may determine whether there were POA documents signed before cohabitation.

GETTING A DIVORCE

The procedure for a getting a divorce it’s exactly the same as married couples. You need to file papers in order for the court to dissolve your marriage and divide property accumulated throughout the years you lived together. If you had children, the court will determine child custody and child support. Alimony can also be petitioned. Some other things to think about are:

  • Property division– If parties can’t agree on how to divide their assets, the court will be able to determine and rule on this issue after receiving submissions from both parties. You can also have a mediator to help you work out a fair agreement on marital property division.
  • Debts– The individual under whose name the debt appears is responsible to pay the debt. Sometimes agreements can be made where one of the spouses can pay a specific debt. However, the primary borrower is always responsible to pay off the debt, even when the other party fails to pay as agreed.
  • Divorce may not be necessary– In some cases, a divorce may not be necessary if the couple has only lived together for so long and have only a few joint assets, friendly breakups in couples with no children, or a relationship where they can reach an agreement about their property and assets.

SPEAK TO AN ATTORNEY

Perhaps you want to end a relationship with the person you live with but you are not sure if your union is considered a common law marriage that may require a divorce. Whether you are legally married or not, a separation can be a difficult process. With the help of a Salt Lake City divorce attorney, you will be able to figure out where you stand and move forward to better horizons.

DOMESTIC VIOLENCE CASES INCREASE IN UTAH

In almost every marriage, couples fight. Even happy couples have disputes from time to time. Sometimes, though, these arguments get out of hand and turn physical. Physical abuse between husbands and wives is never acceptable in Utah. Domestic violence is serious and protections are available for those living in fear of physical or emotional abuse.

According the Ogden, Utah Police Department and local women’s shelters, incidents of domestic violence seem to be increasing. They say more education and further prevention methods are necessary to stop this increase. Last year, the Ogden Police Department had 32 cases of domestic violence during the month of August. This year, that number rose to 44 by month end.

Furthermore, a local women’s shelter has reported that it has had to turn away 45 people — both adults and children — during the month of August because it had reached its capacity of 30 people. This women’s shelter also alleges that there are many more cases of abuse than police are seeing since it averages about four calls a day to its domestic abuse hotline.

In Utah, in order for police to arrest someone for domestic violence, the police need to identify who the primary aggressor was in the fight. Police do this by listening to each party’s story, examining the physical evidence and looking for other signs of abuse. This is not a perfect science and mistakes can be made resulting in people being falsely accused of abuse. Furthermore, when police can’t determine who the primary aggressor was, then the abuser may not be arrested at all.

It is important for people in and around Salt Lake City to understand that they have legal options after a domestic violence incident. There are ways for those who have been falsely accused to clear their name and return to normal life, and there are ways for people to protect themselves from abusers. Taking the correct legal steps is often essential in protecting people and their families.

Free Consultation with a Utah Divorce Attorney

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

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Wednesday, September 26, 2018

Utah Motorcycle Attorney

Utah Motorcycle Attorney

Whether you’re a novice motorcycle rider with a brand new Kawasaki Ninja or a veteran rider with a classic Harley, enrolling in a motorcycle safety course is never a bad idea. Not only do motorcycle safety courses help you brush up on your skills and reduce your chances of getting into a motorcycle accident (and having to call your lawyer), completing a safety course can also help you get your motorcycle license faster and even save you money on insurance.

You Should Take a Motorcycle Safety Course

Motorcycle safety courses are offered in all major urban areas in the United States, from Salt Lake City to the East Coast. Typically hosted at local colleges and universities, motorcycle dealerships and other community locations, classes are offered both during the workweek and on the weekends in order to accommodate for people’s schedules. For example, many basic rider courses in Utah are offered through the Salt Lake City Community College, the Salt Lake City division of Harley-Davidson and the Utah Motorcyclist Association.

Motorcycle Safety Courses Teach Lifelong Skills

As any knowledgeable lawyer will tell you, motorcyclists are far more susceptible to injuries and fatalities than your average car driver — and novice motorcyclists are even more likely to get into an accident. In fact, more than half of all motorcycle accident situations involve riders who have fewer than five months’ experience on the bike. Motorcycle safety courses teach motorcycle enthusiasts to ride smart, keeping a close eye out for potential hazards and other drivers. In addition, safety courses teach riders all the necessary skills they’ll need to avoid a potential motorcycle accident — and a call to their lawyer.

Motorcycle Safety Courses Offer Specialized Training

In addition to the basic rider course, motorcycle safety courses offer classes for intermediate and experienced riders to hone their skills, as well as classes for those who are just a little rusty. There are also courses offered just for scooters, for those who live in urban areas such as Salt Lake City and are looking for a more convenient way to get around. For those who are big proponents of the motorcycle safety mission, there are even classes available to become a motorcycle safety instructor yourself.

Motorcycle Safety Courses Help You Get Your License Quicker

For the novice rider who’s looking for a way to get started, motorcycle safety courses can expedite the process of getting your license. Depending on the state, completion of a Motorcycle Safety Foundation or other recognized program can allow you to bypass the riding portion or written portion of the license exam — or both parts of the exam.

For instance, if you complete a Motorcycle Safety Foundation (MSF) Beginning Rider Course in Salt Lake City, you will not have to have to take the riding (skills) portion of the Utah motorcycle exam in order to get your license. Different states have different requirements, however, so it’s best to look up the details or ask a lawyer prior to enrolling in a safety course.

Motorcycle Safety Courses Can Save You Money

In addition to saving you money on a motorcycle accident lawyer somewhere down the line, successful completion of a motorcycle safety course can net you significant discounts on your motorcycle insurance — or even a discount on your new bike. Many insurance providers offer discounts on motorcycle insurance if you have completed a motorcycle safety course: typically between 5–20 percent. This discount is not limited to new riders, either.

In addition, some motorcycle manufacturers will offer refunds or discounts for those who have completed a MSF course. When buying a new bike, check with the salesperson to see if your manufacturer offers any discounts.

Whether you’re looking to ride your new bike around Salt Lake City or through the Midwest, motorcycle safety courses come with a bunch of perks. Check out courses offered near you today, and take the time to learn the basics — it may just save you a pretty penny on a motorcycle accident lawyer in the future.

Free Initial Consultation with a Utah Motorcycle Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a motorcycle accident, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

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

Insurance During Divorce

Life insurance is one of the financial assets you must disclose during your divorce as part of the equitable distribution process. But the court can treat your policy any number of ways, depending on your family’s overall circumstances:

  • A piece of property — A whole life policy has cash value. The court may assess the surrender value of the policy and, if premiums were paid with marital property, treat it as an asset of the marital estate. If the policyholder took out the policy before the marriage and continued to pay premiums with separate property, the policy is separate property.
  • Security against support obligations — A court may use the policy as a means of indemnifying a dependent spouse/custodial parent for unpaid obligations.
  • Insurance against the untimely death of a supporting spouse/parent — If the court orders the policyholder to pay child support and/or alimony, the court can also order the life insurance policy maintained in case death prevents the policyholder from providing support.

There are many strategies a party to divorce can employ regarding a life insurance policy, including a restraining order preventing the policy owner from changing the beneficiary. This must be more specific than an order preventing a party from transferring property, because a change in beneficiary is not technically a change in ownership. This order can stay in place until the divorce is finalized and then be incorporated into the divorce decree.

However, if the court distributes the policy as property to the policyholder and does not specifically rule on beneficiary rights, the other spouse generally does not have a right to remain as beneficiary.

The Effect of Facebook on Divorce

A new study presents facts that seem to underpin the idea that a couple splitting up can influence their close friends toward divorce.

The new study looked at data from the Framingham Heart Study, a long-term longitudinal study that follows more than 5,000 residents of Framingham, Massachusetts. To examine factors of cardiovascular health, the original study group has been followed since 1948. Many spouses and children of the original cohort are enrolled in the study, providing substantial data for researchers studying the effects of social networks.

Findings of the study include:

  • The divorce of a close friend, or a friend once removed, significantly increases the possibility of divorce.
  • (In what seems a logical point for this day and age) divorcees are more likely to marry divorcees.
  • People with more friends in their social network are less likely to be divorced, possibly due to supportive friends who help them through the difficult times of any marriage.
  • Divorcees often become less popular when the social network of a couple divides.
  • Children did not prove a factor in divorce, and in fact, the presence of one or more children reduced vulnerability to divorce in a social network.

Because of the homogeneity of the background of participants in the study, the results cannot be considered applicable throughout the United States. For everyone, though, the study does make an important comment that “Divorce should be understood as a collective phenomenon that extends beyond those directly affected.”

Free Consultation with Divorce Lawyer in Utah

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

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Tuesday, September 25, 2018

Depositions in Divorce

Depositions in Divorce

Depending on the circumstances of your divorce, you may be required to attend a deposition hearing. If so, you will receive a notice that includes the date, time and place of the hearing, along with any documentation you should bring with you. The people attending the hearing could include you and your attorney, a court reporter and possibly your spouse and his or her legal counsel.

At the hearing, attorneys and court officials will ask you a variety of questions on subjects related to your divorce, including employment history, debts and assets, mental and physical health and your fidelity during the marriage. If your spouse is present, he or she is not allowed to interrupt you in any way.

Do you need to answer every single question?

Most of the time, you will need to respond to every question as truthfully and honestly as possible, unless your attorney instructs you otherwise. Therefore, before you attend the hearing, you should consult your lawyer on the questions you are likely to face and how you should answer them. Prepare ahead of time by having your attorney put you on the spot with these questions and forcing you to answer them.

Some of the questions could make you uncomfortable. As difficult as it may be, you will need to answer them unless your lawyer objects on the grounds of it being inappropriate.

If your attorney tells you to answer the question, you must do so or face some consequences that could include a potential fine or a court order to answer the question later. It is thus in your best interest to always follow the advice your legal counsel provides you.

Steps to Take if Divorce Appears Imminent

Most individuals work hard to avoid splitting up, but sometimes couples find themselves facing a divorce even after their best attempts to salvage a marriage. If divorce is on the horizon, there are several steps you can take to better prepare yourself for this life-changing event:

  • Know rights. As a first measure, you will want to consult an attorney to gain a clear understanding of your legal rights — and responsibilities. An experienced attorney can help you avoid any missteps early on that may affect divorce proceedings further down the road.
  • Gather background documentation. In preparation, you’ll want to gather and make copies of important documents such as tax returns, investment and bank statements, wills and mortgage documents. If you are married to someone who runs his or her own business, try to obtain as much information as possible about the financial aspects of the enterprise.
  • Inventory belongings. When it comes time to split assets, it is important to have identified valuables including artwork, jewelry or vehicles.
  • Put your financial house in order. Separating your financial accounts, and alerting insurance policies and retirement accounts about a change of beneficiaries, is another important step in preparing for divorce. You may also want to establish and use your own line of credit, particularly if you are not able to obtain a sufficient line of credit on your own. You may also want to pay down debt that belongs to both parties.
  • Start saving. In preparation you’ll also want to put aside money that will see you through what may end up being a protracted process.
  • Stick to a routine. Do your best to keep as normal a routine as possible, especially for any children that may be involved. This stability will help lessen stress as much as possible.

Free Initial Consultation with a Utah Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

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

Bank Account Beneficiary Rules

Doing estate planning may seem like an overwhelming job filled with complicated paperwork. So you’ve been putting off the process until you have more time. The good news is there’s a quick and easy way to get started. You can select a bank account beneficiary by following a few simple rules.

This cost-free service will transform your accounts into a type of informal trust commonly referred to as a payable on death (POD) account. Your financial institution can provide you with a form for each account. The person who you choose to inherit your account is referred to as the beneficiary. After your death, the account beneficiary can immediately claim ownership of the account.

Before you set up your account, let’s examine the bank account beneficiary rules more closely.

Who Can Be an Account Beneficiary?

You’re in charge when it comes to naming an account beneficiary. It can be anyone you chose, from your best high school best friend to your kids. You can even designate multiple beneficiaries to a single account, and select the percentage each person receives. Some financial institutions may require your beneficiary’s social security number. So you’ll probably need to discuss your choice with your intended beneficiary.

Charitable groups and nonprofit organizations can serve as bank account beneficiaries. You will need to be certain the group you select is recognized by the Internal Revenue Service as a charitable organization. Corporations, partnerships and limited liability companies cannot be your designated beneficiary.

If circumstances in your personal life change, make sure to update your account beneficiary. If you’re not careful, you could unintentionally leave money to your former spouse. If your beneficiary dies before you, the account assets become part of your estate to be distributed under the terms of your will.

What Rights Does an Account Beneficiary Have?

While you’re alive, your accounts are your personal property. You can spend your money, close your account or change beneficiaries. Your account will operate just as it did prior to designating a beneficiary. A beneficiary has no rights to your property until after you pass. The only difference you may notice is your account being referred to as an “in trust for” or ITF account.

When Can an Account Beneficiary Claim Account Assets?

After your death, the beneficiary has a right to collect any money remaining in your account. They simply need to go to the bank with proper identification and a certified copy of the death certificate. The bank will have a copy of the form you filled out naming them the beneficiary.

The bank will provide the new account owner with a few additional forms, and them the money is transferred. No waiting for probate. The laws of your state may require a brief waiting period and creditors may have the right to settle final debts.

Why Select a Bank Account Beneficiary?

A POD account is a popular method for avoiding probate and quickly transferring property. After you die, all your assets that are not in a trust or otherwise designed to pass outside of probate, will be distributed under the court’s supervision. The legal process of probate can take months or even years to complete. During this time, your loved ones have no access to the property you intended for them.

When you name an account, does not become part of your estate after your death. It is transferred to the beneficiary and becomes their personal property.

Free Consultation with a Utah Estate Lawyer

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.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Monday, September 24, 2018

Divorce for Millennials

Divorce for Millennials

While the overall divorce rate in the United States has remained somewhat static over the past two decades, experts say that a relatively new trend has emerged. In short, members of the Baby Boomer generation (currently aged 52-70) are getting divorced at higher rates than 20 years ago, while the divorce rate among younger couples has declined significantly.

According to Sociologist Susan Brown from Bowling Green University, there are a couple key reasons why older couples are splitting up more often than in years’ past. For one, many of them experienced the so-called “divorce boom” of the 1970s and 1980s, and may be in second or third marriages today. Remarriages are more likely to end in divorce than first marriages. Secondly, older married women tend to have more financial security than their younger counterparts, and thus have the flexibility to be able to end their marriages if they are unhappy.

Interesting divorce trends among Millennials

A change in marriage culture may be making a big difference for younger couples. According to Brown, fewer people are getting married in their 20s than at any point in recent history — and those who are tend to be in strong positions financially. She also notes that fewer young couples can afford to get married today, and so smaller numbers of people are getting married in general. That correlates to a lower divorce rate among this new millennial generation.

Couples Therapy Can Work — Even When You Go Alone

If you have hit a rocky point in your relationship, you might consider going through couple’s therapy. However, it’s not always easy to convince your partner to attend these sessions with you. If this is the case, you might still find that attending couple’s therapy sessions by yourself can still be beneficial to you and your relationship.

The following are just a few reasons why attending these meetings by yourself can be helpful:

  • You can share your uncensored feelings: Couples therapy is meant to be a place for clear, uncensored communication. Of course, when your partner is sitting right next to you, this can be easier said than done. By having a private session with a therapist, you do not have to worry about mincing your words, allowing you to more quickly get to the root of an issue.
  • You can develop a plan of action: Once you have gotten to the bottom of a particularly troublesome issue in your relationship, you and your therapist can formulate a plan to approach and resolve this issue. Having a professional help you in creating this plan gives you a much greater chance at success.
  • You can learn about healthy habits: Just because you go to a session alone does not mean you are unable to learn about what a healthy relationship should look like. Therapists can give you the skills you need to be better at communicating and the foundation to establish a healthier relationship.
  • It can be motivational for your spouse: If your partner sees you working hard to make positive changes in your relationship, there’s a decent chance he or she will respond in kind by making some changes, too. It might just be the catalyst you need to get your relationship back on track.

Free Consultation with Divorce Lawyer in Utah

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

Michael R. Anderson, JD

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