A parents’ worst fear is losing custody during divorce. Even losing parenting and visitation time can be overwhelming for the majority of parents who are accustomed to spending daily time with their children. In a recent study, disabled parents were found to be at a significantly higher risk of losing custody of children after divorce. According to disability advocates, there are a more challenges and biases that can prevent a disabled parent from keeping custody of children in Salt Lake City, Utah and nationwide. There are approximately 6.1 million children living with a disabled parent. Many advocates for individuals with disabilities believe that the U.S. legal system does not adequately protect the rights of parents with disabilities. Though the Supreme Court has held that every citizen has the right of parenthood, some courts are favoring a non-disabled parent. If this is your situation, please call and speak with a child custody lawyer right away. Nationwide, parents have lost custody of their children due to disability and many have to continuously fight to retain custody of children. The removal rate is as high as 80 percent for those parents with psychiatric or intellectual disabilities. In every state, child welfare laws allow the courts to determine when a parent is unfit; however at the time of divorce, any parent can be scrutinized by the system. Terminating parental rights on the basis of disability is a violation of the Americans with Disabilities Act. If you are a parent with a disability and facing divorce you may have additional challenges in court. An experienced attorney can review the facts of your case and help you protect your rights and custody interests. When There’s an International Abduction CaseParents often have many concerns after splitting up with each other, such as how much child support will be paid and who will be able to spend time with the children on certain days. Unfortunately, custody matters can be especially challenging for some families in Salt Lake City, and all over Utah. For example, you may be overwhelmed with stress and uncertainty if your child was abducted by his or her other parent and taken out of the country. If you know that your child was abducted or you are concerned that international abduction may have occurred, you should immediately assess all the details surrounding the situation. In addition to securing all of your child’s documents, you should try to familiarize yourself with relevant laws in the U.S. and the country that your child was taken to. You should also reach out to the State Department as well as your local authorities and inform them of the abduction. While international abduction may be one of your worst nightmares, you could be able to successfully resolve the matter and protect your child to ensure that they do not have to go through any suffering related to child abduction. Although these issues can be highly emotional, you should try to remain calm and stay level-headed. If you head over to our age on paternity, custody and visitation, you can take a look at even more information related to the custody of children. Free Consultation with Child Custody LawyerIf 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 help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Best Adoption Attorneys in Utah Divorce Attorneys in Salt Lake City Estate Planning Attorneys Utah Utah Uncontested Divorce Process How Often Can You File Bankruptcy? How do I File for Divorce in Utah? via Michael Anderson http://www.ascentlawfirm.com/disabled-parent-can-lose-custody-in-divorce/
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Divorcing your spouse is an emotional and oftentimes confusing process. If there are difficult issues that need to be addressed, or you are concerned about your legal rights, you should speak with an attorney. But if you and your spouse agree on most things and can interact in a civil manner, you may be able to represent yourself. If I were you, I’ll call a divorce lawyer. In Utah, each court has a clerk’s office and many courts have a court service center (or self-help center) with staff that can answer your questions and give you information about court procedures (but can’t give legal advice). Preparing Your FormsTo start a divorce in Utah, you have to fill out two forms:
The “Summons” is the document that tells your spouse about the divorce proceeding and when to come to court. When you fill out the “Complaint,” you’ll need to provide more personal information about you, your spouse, and your children, if you have any. In the Complaint, you say why you’re seeking a divorce – either because the marriage has “broken down irretrievably,” or based on one of the fault grounds listed in the Utah statute. In addition to asking for divorce, you can also ask the court to determine custody of children, award child support or alimony, divide marital property and debts, and restore a prior name. Along with the Complaint, you’ll have to attach a “Motion for Temporary Orders and the “Affidavit of Respondent,” if you have children with your spouse. The Temporary Orders informs your spouse about the orders that motion so that they can go into effect at the beginning of your divorce case in Utah. They prevent both of you from doing anything that would negatively impact marital property or children without the other’s consent, like selling the house or moving the children out of state. The Affidavit Concerning Children asks for information about where and with whom your children have lived for the last five years and whether there have been prior custody or visitation cases about your children. Filing Your FormsOnce you’ve filled out the paperwork, take it to the Superior Court Clerk’s office in the judicial district where you or your spouse lives. The clerk can assist you in determining a “Return Date.” Neither you nor your spouse has to come to court on the Return Date. It’s really just a date that determines when papers have to be served and filed. The Return Date must be a Tuesday and should be at least four weeks after the day you file your original paperwork. You have to put the Return Date on the Summons, the Complaint, and any other divorce papers. The clerk will sign the Summons and return the forms to you. You then have to bring the paperwork to a State Marshal who will “serve,” or deliver, the paperwork to your spouse. Serving Your FormsIn Utah, a constable, sheriff, or process server must serve your spouse with the divorce papers. Each will charge a fee for serving the paperwork. It can be as little as $75 or more depending on the situation. Once your spouse has been served, the marshal will prepare a document called a “Return of Service,” which is proof that the papers were served. You have to either mail or bring the Return of Service and all of your original paperwork to the clerk’s office along with the filing fee. Case ManagementYou have to wait at least 90 days after the Return Date to get a judgment of divorce. This is usually called the “Case Management Date,” and is listed in the Notice of Automatic Orders. During this waiting period, you and your spouse should try to reach an agreement about custody of your children and financial issues. If you reach an agreement, you should document what your agreement is and then come to meet with a lawyer to have it written up. Having a divorce attorney write the agreement is essential to make sure it is correct and legally binding. During the waiting period, you should also fill out and send a “Case Management Agreement/Order (JD-FM-163),” and send it to the clerk’s office. If your spouse has filed an Appearance Form, he or she also needs to sign the Case Management Agreement form before you send it to the Clerk’s office. The Case Management Agreement form is important because it’s where you choose your actual divorce hearing date – you must appear in court on that date. If you and your spouse can’t agree on a divorce date and have not filed a Case Management Agreement, then you must come to court on your Case Management Date, and the judge will set a hearing date. Financial DisclosuresYou and your spouse each have to fill out and exchange “Financial Affidavits (JD-FM-6)” within 30 days of the Return Date. You have to include all of your income (from employment or any other source), your expenses, your debt, and your assets. Parenting Education CourseIf you have children with your spouse, you both have to take a court-approved parenting education program within 60 days of the Return Date. You can obtain a list of court-approved courses from the clerk’s office. Finalizing the DivorceOn your final divorce hearing date, you’ll have to bring the following completed forms:
There are two ways the divorce can be finalized: through agreement between you and your spouse, or after a trial in front of the judge. If you and your spouse have agreed on all of the issues in your divorce (child custody and support, alimony, division of property and debts), then come to court on your divorce hearing date with your court forms completely filled out. The judge will review and approve your Dissolution Agreement (unless it violates some provision of the law) and declare you divorced. If you and your spouse don’t agree on all issues, the judge will schedule a trial date for you and your spouse to come back and present evidence. You’ll probably need to hire an attorney for a trial. Trial usually takes much longer and costs a lot more than reaching a settlement with your spouse, so you should try your best to work things out. Free Consultation with a Lawyer in UtahIf you have a question about divorce, child support, custody, etc., please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 49 reviews
Parental Rights and Responsibilities in Utah Utah Uncontested Divorce Process How Often Can You File Bankruptcy? via Michael Anderson http://www.ascentlawfirm.com/how-do-i-file-for-divorce-in-utah/ While you can file bankruptcy as many times as you like, you can only receive a discharge every so often – usually 8 years from the date you filed your last case and got a discharge. It’s always a good idea to have a free consultation with a bankruptcy lawyer to check on the specifics in your situation – because the truth is – it depends – and the laws also change from time to time. Wiping away debts and getting a fresh start through the bankruptcy discharge is the primary goal of most debtors. The question then is not really “how often can you file for bankruptcy?” as much as it is “how often can you receive a discharge of debts through bankruptcy?” This post will review what you need to know about Chapter 7 and 11 discharges, previous Chapter 12 and 13 bankruptcy discharges, what happens when your discharge is revoked, and when you will need a qualified bankruptcy attorney. How to Get a Discharge in the First PlaceMost debt can be discharged in a personal bankruptcy case, with the exception of student loans and tax debt. So long as you qualify for the bankruptcy chapter under which you file, most consumer bankruptcies filed with the help of an attorney are discharged — and you’ll pay pennies on the dollar for your debt. Your bankruptcy discharge can be denied, however, if you do any of the following:
If you follow the rules of bankruptcy and don’t commit any of the above offenses, your bankruptcy should be in the clear. Frequency of Bankruptcy Discharges for Chapter 7, 11, 12, 13But what happens when you need to file bankruptcy again? Once you have already filed for Chapter 7 bankruptcy, the bankruptcy court will deny a discharge in a subsequent Chapter 7 case if you already received a discharge in your previous Chapter 7 or Chapter 11 case if it was filed within the last eight years. In simple terms, you can obtain a Chapter 7 bankruptcy discharge every eight years. The eight-year time period starts to run from the date your previous case was filed. The bankruptcy court will also deny a Chapter 7 discharge if the debtor has previously received a discharge in a Chapter 12 or Chapter 13 case filed within the last six years unless the debtor meets fairly strict requirements regarding the amount of debt she paid back in her Chapter 13 case. Similarly, a debtor is ineligible for a second discharge under Chapter 13 if he or she received a prior discharge in a Chapter 7, 11, or 12 case filed within four years of the current case or in a Chapter 13 case filed within two years of the current case. Your Bankruptcy Discharge Can Be RevokedAdditionally, bankruptcy courts may revoke a discharge under certain circumstances. For example, a trustee, creditor, or the U.S. trustee may request that the court revoke the debtor’s discharge in a Chapter 7 case based on allegations that the debtor obtained the discharge fraudulently, like if you concealed property or failed to keep adequate records. Typically, a request to revoke the debtor’s discharge must be filed within one year of the discharge or, in some cases, before the date that the case is closed. The court will decide whether such allegations are true and, if so, whether to revoke the discharge. Complaints Seeking Revocation of Discharge Will Require Retaining CounselKeep in mind that the mere filing of an adversary proceeding (a lawsuit filed in the bankruptcy court) seeking to revoke the discharge will require hiring an attorney to answer the allegations of improper conduct. If these allegations are not addressed in a timely fashion, the debtor will lose their discharge by default. The possibility that a bankruptcy discharge can be revoked highlights the importance of full disclosure to your bankruptcy attorney. You must inform your bankruptcy attorney of all assets and debts in order to ensure that your discharge is not subsequently challenged. Free Consultation with a Bankruptcy LawyerIf 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.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Parental Rights and Responsibilities in Utah Utah Uncontested Divorce Process via Michael Anderson http://www.ascentlawfirm.com/how-often-can-you-file-bankruptcy/ Even though an uncontested divorce in Utah is quicker than a contested divorce, it is still a long and sometimes complicated process with a lot of paperwork. Luckily, all of the necessary forms with step by step instructions are available online from the Utah State courts. If you and your spouse agree on everything, it’s still a good idea to have a divorce lawyer review the paperwork to make sure it is done correctly. If not, mistakes can happen, and it can be more expensive to fix it later. Complete the necessary divorce paperworkYou will need to complete the all the right papers to obtain an uncontested divorce in Utah. The first step in obtaining your uncontested divorce in Utah is to prepare the Summons With Notice or Summons and Verified Complaint and make two copies. Then, bring it to the County Clerk’s Office where you have to purchase an “index number,” which is just a file number assigned to your divorce, and place it on the Summons With Notice or Summons and Verified Complaint before filing it with the Clerk. Serve your spouseNext, your spouse has to sign the Affidavit of Defendant. You can give this form to your spouse with the Summons With Notice or Summons and Verified Complaint and the Notice of Automatic Orders. You should also provide your spouse with a copy of the instructions on how to fill out the Affidavit of Defendant. Your spouse has to send the completed form back to you before your case can get placed on the court calendar. Once your spouse completes and returns the form to you, you can place your case on the court’s calendar immediately. If your spouse doesn’t return the Affidavit of Defendant back to you, you will have to serve your spouse, meaning someone other than you must hand your spouse the papers. If you and your spouse have children under age 21 together, you also have to serve a copy of the Child Support Standards Chart. Whoever serves your spouse has to fill out an Affidavit of Service. If you had to serve your spouse, then you have to wait 40 days from the date your spouse was served to place your case on the court’s calendar. Obtain a court date“Placing your case on the court’s calendar” just means that you get a court date. However, in order to get this date, you have to complete the following steps. You must complete the Certificate of Dissolution of Marriage (sometimes called the vital statistics form) and the Divorce and Child Support Summary Form, if applicable. Then, you take all of these completed forms, along with a copy of the Summons With Notice or the Summons and Verified Complaint, and file everything at the County Clerk’s Office and pay your filing fee. All of the papers will be submitted to the judge. The judge will review them and, if approved, the judge will sign the Judgment of Divorce. After the judge signs the Judgment of Divorce, you have to file and enter it in the District Court Clerk’s Office. This process differs depending on the county in which you file, so ask the District Court Clerk in your county for specific instructions. You also have to serve a copy of the signed and entered Judgment of Divorce on your now ex-spouse along with a completed Notice of Entry (this is also called a Request to Submit for Decision). Two Types of Divorce in UtahThere are generally two types of divorce available in most states: contested and uncontested. A “contested divorce” means that the spouses don’t agree on some or all aspects of the divorce so that a judge must hold a trial, hear witness testimony, and make decisions about who “wins” and who “loses.” In contrast, in an uncontested divorce, the spouses agree on all of the issues required to end their marriage, so there’s no need for the judge to hold a trial. This article discusses uncontested divorce in Utah. If you have further questions regarding whether or how to obtain an uncontested divorce in Utah, you should consult with a Utah divorce lawyer. Overview of an Uncontested Divorce in UtahIn Utah, an uncontested divorce is a divorce where you and your spouse agree to divorce and have settled all of the necessary issues to obtain a divorce, like division of property and child custody. In Utah, you and your spouse also have to agree on the “grounds,” or reason, for your divorce. Before the law changed, Utah only had “fault-based” grounds for divorce, like adultery or cruelty. In 2010, the law was changed to allow for the “no-fault” ground of irretrievable breakdown of the marriage for at least six months before filing for divorce. “Irretrievable breakdown of the marriage” means that you and your spouse no longer want to be married and it’s not likely that you and your spouse will get back together. Irretrievable breakdown is the most common ground agreed upon to obtain an uncontested divorce in Utah. In Utah, a divorce is also considered uncontested when you file for divorce and your spouse fails to appear in the divorce proceeding. Benefits of an Uncontested DivorceThe benefits to uncontested divorce in Utah are many. Because you and your spouse have already agreed on everything, there is no need for a trial. Since there’s no trial, there’s no need to “air your dirty laundry” in public, the process is much quicker and doesn’t cost nearly as much as a contested divorce. You also don’t necessarily need a lawyer to get an uncontested divorce in Utah. However, lawyers can assist spouses in coming to agreement on the issues, making sure paperwork is completed correctly, and filing the paperwork in a timely manner. Requirements for an Uncontested Divorce in UtahIn Utah, you can file for an uncontested divorce when you and your spouse agree about the following:
To able to file for divorce in Utah, you also have to satisfy the “residency requirements” of the law. This means that either:
Free Consultation with Divorce Lawyer in UtahIf 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.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Tax Attorney for Utah Sales Tax Parental Rights and Responsibilities in Utah via Michael Anderson http://www.ascentlawfirm.com/utah-uncontested-divorce-process/ If you’re going through a divorce or separation from your child’s other parent, it’s helpful to familiarize yourself with some of the most common child custody terms. Utah law provides three ways to allocate parental rights and responsibilities: “shared parenting,” “sole residential and custodial parent” and, the rarest of the three, “split parenting.” Shared Parenting“Shared parenting” is almost always recommended by the court (unless there is some evidence that shared parenting would not be in the best interest of the child). The term “shared parenting” does not refer to a fifty-fifty split in time with your children. (A fifty-fifty split is referred to as “split-parenting” – see below). Shared parenting simply means that the parents of the minor child will “share” in the major decision-making regarding the child’s health and welfare. In a shared parenting arrangement, decisions regarding things such as discipline, religion, education, sports, piercings, and tattoos will be made by both parents. Shared parenting, therefore, requires that the parents be willing and able to communicate on a regular basis. In this arrangement, both parents are deemed the “residential parent.” In other words, the child technically lives with both parents, but one parent will be designated the “residential parent for school purposes only.” The designation of “residential parent for school purposes only” simply refers to the parent who resides in the school district where the child is or will be enrolled. If the parents agree to share parenting, but cannot pick a residential parent for school purposes, the court will make the decision based upon the child’s best interest. (Utah Revised Code §3109.04 lists the many factors used in determining a child’s “best interest.”) Parenting time (formerly referred to as “visitation”) can be enjoyed according to whatever schedule the parties feel is in the child’s best interest. But if the parents cannot decide on parenting time, the court will make the decision for them based upon the child’s best interest. Sole Residential and Custodial Parent (“Sole Custody”)This parenting arrangement is common when the parents will be residing very far apart and when the parents cannot communicate effectively. Here, only one parent is designated as the “sole residential parent and legal custodian.” This parent will be solely responsible for all major decisions regarding the child’s health and welfare, such as discipline, religion, education, health care, sports, piercings and tattoos. The court will generally allocate the primary parental rights and responsibilities for the care of the child to this parent as well. If the parties can’t decide who the sole residential parent and legal custodian should be, the court will make the decision based on the child’s best interest. Split Parenting (“Joint Custody”)“Split parenting” is a fifty-fifty split of parenting time. This type of parenting plan is not normally ordered by a court. It is most often an arrangement agreed to by the parents. The split parenting plan is drafted to allow both parents equal time with the child. Split parenting may affect child support due to the equal split in parenting time. Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Asset Protection for Real Estate via Michael Anderson http://www.ascentlawfirm.com/parental-rights-and-responsibilities-in-utah/ The trial process in cases can sometimes be a complicated process. Adding stress to your already-stressful case. By helping you understand each stage in your lawsuit, you can better prepare for the future and what to expect in your claim. We understand that your case is important to you and it is important to us too – so we will help you in every way we can. Preparation for TrialWhen trial is set to begin, many things will happen. Both parties will have the opportunity to speak to the judge or jury in your case. Opening Statements are made and then witnesses are called. You may be called first, during the middle, or at the ending depending on what your lawyer thinks is the best strategy for you. In many cases of injuries or accidents or medical malpractice, physicians and expert doctors will come to testify about your case. The standard of care is the duty that is owed to you by a doctor or physician. If a doctor breaches that duty; then, there is malpractice. Witnesses can also come into court to testify about how you have been damaged and how you have been functioning since the injury or accident. The TrialThe jury will be selected for the case. The defendant will attempt to have your case dismissed through their opening statement, but your trial will very likely move forward. Your attorney will represent you in your case by showing what the doctor should have done; show that the doctor breached the duty of care to you and you have suffered injuries and damages as a direct and proximate cause of the breach. A trial can take a day or can take weeks. We’ve even seen one go for over a month. Yours may depending on the situation. After the closing arguments are made; then the judge or jury will go to decide your case. After deliberations; then the court will read the verdict or the decision of your case. Many Cases End in SettlementSettlements are very frequent in litigation because the time and cost of going to a trial is very extensive. Whether you want to have your case heard or not can also play a role as to whether you decide to settle or not. What Should I Know About Child Custody in Utah?In Utah,, judges know how stressful and difficult it can be to go through a custody dispute with your spouse or Ex. Parents typically have an idea in their head about what works best for thier children,, and the courts in Utah use this as a great place to start in the midst of custody battles. Parents need to work together to determine many aspects of a custody case under Utah law, which is where the experts come in. Parenting PlansSome parents are able to come to a mutual agreement on a parenting plan that works for them during and after the divorce. Without a parenting plan, the court will assume that they must come up with a plan for the children themselves. Many parents want to put that power into their own hands. It is always a good idea to have help from a family law attorney. When you have help from an experienced lawyer, you’ll remember to including certain items that will make your parenting plan complete and you won’t later say, I forgot about that. If the parenting agreement is easily done, then the next step is a custody order which has to be done through court. You can’t do a family law case without going through court – you might not have to physically go into court, but the court system must be used or you will regret it. Free Consultation with a Lawyer in UtahIf you have a question about lawsuits or trials in Federal or State Court in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can I Keep Animals and File Bankruptcy? Asset Protection for Real Estate Estate Planning Attorneys Utah Real Estate Purchase Contract Utah Salt Lake City Trust Attorneys via Michael Anderson http://www.ascentlawfirm.com/how-a-trial-works/ The most common legal problems that come up in cohabitation situations outside of marriage or other familial bonds relate to money and property. Much like when a marriage breaks up, people living together who decide to split up face practical questions such as: Who remains liable for money owed on a lease?, or What happens to money that has been combined into a single account? What about household items purchased together? Despite one’s optimism that problems will not arise, it always makes sense to plan for the worst or at least understand the risks involved. This sub-section provides information to help those living together make smart decisions concerning money and property. Even though you’re not married, this falls into the category of Family Law. Unmarried Couples and Property BasicsCouples that reside together before marriage are common and some will accumulate a significant amount of property without considering how their relationship status affects their rights to the property. When unmarried couples buy property they would be wise to consider how their status impacts the different kinds of ownership available and how property is divided if the relationship ends. Property is typically held through a joint tenancy, or a tenancy-in-common. Joint tenants share ownership equally. If one party dies the other one automatically receives the deceased party’s share under their right of survivorship. Tenants-in-common each own a distinct share, which may vary between the parties. For example, one party may own 75% because of a larger contribution and the other holds 25%. When a party to a tenancy-in-common dies their share is distributed according to their will or the state intestacy laws. If the property is held in a single party’s name it belongs to them upon death or separation and the other party doesn’t have a claim unless they can establish a common intention that the property be shared. This can be difficult without written evidence and proof of contributions to the purchase, payment, and maintenance of the property. Joint Tenancy for Unmarried PartnersMany unmarried couples prefer to rent. Mortgages tend to extend over a very long period and rentals are relatively easy to terminate. However, since no equity is retained in a rental situation couples may decide to purchase a home even though they aren’t ready or don’t wish to get married. Where couples intend to own a home equally joint tenancy is a very useful form of ownership. Joint tenancy provides some distinct advantages for unmarried partners acquiring property that wish to preserve their individual rights over the investment. Home ownership has financial and social advantages that joint tenancy can provide equally to both parties. The clarity that the legal status joint tenancy provides greatly simplifies dealing with the property as regards taxes, proving ownership, accessing credit, or dealing with death or separation. If only one party owns a property on paper they may incur a gift tax liability and the non-owning party can miss out on tax benefits conveyed by home ownership. Home ownership provides important benefits and usually represents a significant investment. When a relationship ends fights over property can be contentious and complicated. By ensuring that property is equally owned by both parties many conflicts can be avoided or at least simplified. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Top DUI Lawyer in Salt Lake City Required Bankruptcy Disclosures Under Code 342 and 527 Can I Keep Animals and File Bankruptcy? Asset Protection for Real Estate via Michael Anderson http://www.ascentlawfirm.com/cohabitation-and-property/ There have always been detractors to Asset Protection Trusts for real estate. Most have been less than fully informed or have had an alternate agenda or product to promote. However, there is thoughtful analysis out there and one of my esteemed colleagues, whom I highly respect, comments regularly on why he believes the Foreign Asset Protection Trust doesn’t work. In a recent installment, he cites the Arline Grant Case, which he points out has been touted by asset protection attorneys as a success story. The facts are that Mr. Grant established 2 separate trusts, one for himself and another for his wife Arline, in 2 separate offshore asset protection jurisdictions. He then proceeded to do 2 things.
Firstly, stiffing the IRS for $36 Million should already tell you that this is not the kind of case either side should be citing as precedent. The IRS is no usual creditor and $36 Million is no usual amount. (And I was not one of the people who trumpeted it as a ‘success’). Much like the Anderson case, having the U.S federal government as the Plaintiff and having amounts in the tens of millions of dollars are simply bad facts that make bad law. Nevertheless these are the facts and through the U.S. Court’s the IRS has aggressively pursued Arline to the point where Arline will be held in contempt if the Trustee does transfer any assets into the United States to anyone. Score one for the IRS. But this post is not really about the Arline Grant case. While it is interesting, it is hardly a representative model for how I see real people with similar plans use them. I have been creating asset protection plans since 1997 and therefore have thousands of reference points from my own clients to comment on how these plans are really used. There are 3 primary ways my clients use their planning: Reduce Fear of Lawsuits: Way #1The first, and by far most important, use of the planning has little to do with academic arguments of technical correctness or backward looking judgments. It is more simple and more important. My clients use their planning to reduce stress caused by fear of the legal system. While this may sound intangible, the benefits are very real. Our clients consistently report to me that they feel more free to engage in their work, and their life because they do not feel like they are risking everything they have worked a lifetime for over a mistake or a bad outcome. They have a lower level of overall stress, are happier to go to work, and produce more as a direct result. It is a very similar feeling to the difference between driving your car without insurance, and knowing that you have insurance. This simple knowledge directly affects how enjoyable that experience really is. Deter Frivolous Lawsuits: Way #2While analyzing a case like Arline Grant is interesting, the planning is far more likely to be “used” in a much different way. I have had hundreds of calls from clients saying “Doug I need to use my plan”. What this means most often is that the existence of the plan itself is used to:
Notice I did not say: Thwart a court from pursing the assets, such as Mrs. Grant has attempted to do. Why? Because in my experience with many cases over the years, I have had a total of 0.0% (Zero) that have made it through our protection to force an extraction of assets from a client. We’re not saying it is not possible and won’t happen, it happened to Arline (albeit in very extreme circumstances). What I am saying is that arguing over issues that have a less than 0.01% chance of occurring is missing the forest for the trees. These cases that get all the press are the most extreme exceptions and typically represent people that are guilty of bad behavior. Concluding that Asset Protection Planning “doesn’t work” is not just throwing the “baby” but the whole family out with the bath water! Unfortunately all the successful cases don’t get all the press because the result is a lawsuit that is not filed or is settled quietly under favorable terms. Get Your Financial Planning in Order: Way #3The third way in which my clients use their planning may be the most important of all. They use it as a catalyst to get their financial and legal house in order. Most people DO NOT want to address their estate or death planning. It makes us all face our mortality and this is easy to push away. We just don’t want to think about it. However, with Asset Protection there is a more pressing motivation. They DO want to keep what they have and continue to enjoy it. I know this is true, because 80% of the clients who come to me have not yet done even a simple estate plan. And yet they are calling me about Asset Protection. Asset Protection Planning allows them to address the estate planning issues. I often work with local estate planning counsel of my clients who are very thankful that their clients are finally “getting this done.” And it doesn’t end there, the process has them looking at their insurance, investments, business structures, real estate. Basically, everything they have gets reviewed. All because the client is motivated to protect their assets! Grow Your Personal Wealth: One More Way!And if that is not enough there is a final way in which my clients tell me they have paid for their planning over and over again. THEY SAVE MORE. Because they feel protected, AND they have a dedicated place in which to save, they tend to focus more clearly, and put away more money. It’s like putting a Piggy Bank in your kids room instead of a “change drawer” The Piggy Bank will always end up with more money in it. And over 20 or 30 years of working life that is a lot of change! These are the real world ways in which my clients use their asset protection every day of the week, every week of the year, and every year they have. So what about Mrs. Arline Grant? Has her offshore planning failed? Ask yourself. The IRS still doesn’t have their money. The U.S. Courts haven’t been able to compel Arline to bring anything back, and Arline is still alive and free. My prediction is that, just like in the Anderson case, somewhere down the line a “settlement” will be reached, both giving the IRS some money and leaving some for the family. I seriously doubt this would be the case if the planning had not been offshore. Free Consultation with a Utah Asset Protection LawyerIf you are here, you probably have a legal matter you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can I keep animals and file bankruptcy? via Michael Anderson http://www.ascentlawfirm.com/asset-protection-for-real-estate/ People who are considering bankruptcy often wonder whether they will be able to keep their property, and farmers are no exception. People who keep livestock and grow crops for a living are often worried that by filing for bankruptcy, they will end up putting themselves in a position where they will be forced to part with the very property that allows them to make a living. Individuals who keep livestock, professionally, as a side-business, or as a source of food may specifically have concerns about whether they will be able to keep their animals if they file. This depends on a number of factors, including the type of bankruptcy for which you file and whether you can claim your livestock as exempt. Different Types of Bankruptcy have Different OutcomesIn a Chapter 7 bankruptcy, a debtor’s non-exempt assets are sold off and the proceeds are used to pay off creditors. As a result, any livestock that you owned that was non-exempt would likely be seized by the bankruptcy trustee. That being said, bankruptcy law provides exemptions under which you may be able to protect your animals. For example, Ohio bankruptcy exemptions allow people to exempt up to $12,625 in personal property (not to exceed $600 in any one item), including animals that are held primarily for personal, family, or household use. Ohio Revised Code 2329.66. For information specific to Utah Bankruptcies, you need Utah bankruptcy attorneys or you can call our office for your free consultation. If you are filing for Chapter 12 bankruptcy, however, things are much different. Chapter 12 is a type of reorganization bankruptcy that is only available to family farmers, fishermen, or ranchers. Under Chapter 12, you need to be able to establish that the majority of your debts are farming-related and that you make most of your money through your farming operation. Importantly, both businesses and individuals can file for Chapter 12, making it suitable for people who operate their farms as sole proprietors and those who have chosen to operate their farms through a business entity such as an LLC. One of the main benefits of filing for a reorganization bankruptcy is that it allows a business to keep its assets, including livestock, while it is in bankruptcy. In addition, during the period of the bankruptcy, the filer is protected from any collection activity from creditors, including repossession or foreclosure. Chapter 12 Bankruptcy Eliminates Barriers for Fisherman and FarmersIn a Chapter 12 bankruptcy, debtors propose a payment plan to the court that will last anywhere from three to five years. In most cases, the plan will last for three years unless the court approves a longer period for cause. If there are any claims for child support or alimony at issue, however, the plan must be for five years unless the plan proposes to pay 100% of these claims. According to the US Courts website, Chapter 12 eliminates many of the barriers to relief that farmers would face under Chapter 11 or 13. For example, Chapter 12 is more streamlined and less complicated than Chapter 11 and it allows for higher debt limits than those found under Chapter 13. Keep Your Animals in BankruptcyThere are different requirements for individual or married couple filers and corporate or partnership filers under Chapter 12. The criteria for an individual or an individual and spouse are as follows:
On the other hand, the criteria for a corporation or partnership are:
Free Consultation with a Bankruptcy LawyerIf 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.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Securities Lawyer Salt Lake City Intellectual Property Litigation via Michael Anderson http://www.ascentlawfirm.com/can-i-keep-animals-and-file-bankruptcy/ You thought the hard decision, whether or not to get a divorce, was done. But there are still so many unanswered questions. One of the first of which is, where do I file my paperwork? We can help with that. Here is a brief guide to finding the right court in your area where you can file for divorce. Court Jurisdiction for Divorce CasesState courts have power (or “jurisdiction”) over divorce proceedings, so the spouse seeking a divorce files an initial document called a divorce “petition” or “complaint” with his or her state court — usually in the county or district branch of the state’s “superior” or “circuit” court. In some states, the superior or circuit court will have a specific family court division where the divorce petition is filed and the case is heard. In other states, no specific family court division is designated, so the divorce petition is filed in the main civil division of the superior or circuit court. In heavily populated areas, the county or district branch of the state court may itself have a number of facilities in different locations. For example, in California the state’s Superior Court handles divorces, and the California Superior Court has facilities in each county in the state. California requires that one or both divorcing spouses have lived in California for the previous six months AND have lived in one of the state’s counties for the previous three months. So, a couple who has been living in Los Angeles county for the past four years would file a divorce petition in the Superior Court of California – County of Los Angeles. You can check a list of state family courts or contact the local county/district branch of your state’s court to learn more about where to file for divorce. Be aware that courts with jurisdiction for divorce cases may not be the same as courts with jurisdiction over child custody and visitation cases. In Utah, you have to file in the District Court. Specifically, you have to file in the County District Court where you have resided for the last 3 months. State and County/District Residency RequirementsMost states have their own residency requirements for people who wish to file for divorce in the state’s court system — rules as to the length of time a spouse must reside in a state before filing for divorce there. For example, as mentioned above, California requires that one or both divorcing spouses have lived in California for the previous six months. Other states require residence within the state for as little as six weeks to as long as one year before filing for divorce. Before filing for divorce, you will most likely need to comply with not only your state’s residency requirements, but also Local County or district residency requirements. Again, using California as an example, in order to file for divorce in the state you and/or your spouse must have lived in the state for six months AND in one of the state’s counties for the previous three months. Check with the local county/district branch of your state’s court to learn more about residency requirements for filing for divorce. Have Questions About Where to File for Divorce? Call a Divorce LawyerEven the most amicable divorce can be a profoundly stressful experience. Divorces have many procedural requirements, and it can be stressful trying to figure out which forms to file and where to file them. It’s best to contact a local divorce attorney who will have experience with divorce procedures and give you advice based on your specific situation. Free Consultation with a Utah Divorce LawyerIf 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.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Exemptions Inside and Outside of Bankruptcy Divorce Lawyer in Salt Lake City Utah via Michael Anderson http://www.ascentlawfirm.com/where-to-file-for-divorce/ |
About MeHave a strong interest in donating wieners for farmers. Have some experience investing in cod in Bethesda, MD. Spent the better part of the 90's deploying Roombas in the aftermarket. Spent a weekend creating marketing channels for jungle gyms for no pay. Spent 2002-2009 building robots in the aftermarket. Spent 2001-2005 supervising the production of salsa in Libya. Archives
April 2023
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