The Federal Sarbanes-Oxley corporate whistle blower law (SOX) contains a definition of employees and employers covered under the SOX. The SOX corporate whistle blower protection law (SOX) does not foreclose corporate employees from pursuing other federal legal remedies, even if they also file a claim under the SOX. State laws that protect whistle blowers are not pre-empted, and employees can file other federal employment discrimination claims, even if they also file a SOX case. If you are a whistle blower employee and are facing discrimination, speak to an experienced Tooele, Utah corporate lawyer. Business Law ClaimsThe SOX permits employees to file claims de novo in federal court if the U.S. Department of Labor (DOL) does not issue a final decision on the merits of a case within 180 days of the initiation of DOL proceedings. If an employee opts to file in federal court, any other potential federal claims can be joined with the case, and state pendent claims can also be joined. Conversely, if an employee files a SOX claim within the DOL, the employee can still pursue alternative remedies in state or federal court under various legal theories, including the public policy exception to the termination-at-will doctrine. Under the SOX, an employee also has the right to file a private cause of action in federal court if the DOL does not issue a final order on the complaint within 180 days. An experienced Tooele, Utah corporate lawyer can help you file your SOX claim. Special DamagesThe SOX law is only one of four federal statutes that permit employees to obtain payment for reasonable attorney fees and costs as part of “special damages.” In other words, fees and costs incurred by an employee are “part and parcel of the ‘special damages sustained as a result of the discrimination.'” An employee who prevails in a SOX case is entitled to fees and costs as part of the “make whole” remedy, and a court does not have the discretion to refuse to award reasonable fees and costs. CoverageThe scope of coverage under the SOX is broad. Not only are most publicly traded companies covered, but “any officer, employee, contractor, subcontractor, or agent” of a publicly traded corporation is also covered. Consequently, non-publicly traded companies, which serve as contractors, subcontractors, or agents of Wall Street traded firms would also be covered under the SOX. Also, individual “officers,” “employees,” and other “persons” who work for or control the conduct of publicly traded companies may also be liable under the act. Given the broad statutory definition of “employer,” it may be advantageous for employees to name specific persons and /or contractors and agents in their complaint, along with the publicly traded corporation that may own and / or control such persons or agents. In other whistle blower statutes, including those upon which the SOX was modelled, the terms “employer” and “employee” have been construed broadly by the responsible administrative agencies and the courts. Employer LiabilitySeparate business entities have been found liable as employers where the interrelation between the company actually employing the worker and the independent corporation was sufficient to qualify the parent company as a “joint employer.” The joint employer doctrine is applicable to the SOX. Definition of Employer
Settlement Approval ProceduresThe submission and approval of settlement agreements is a matter of routine procedure in the DOL. The DOL adheres to the principle that “settlements are to be encouraged.” Parties regularly execute settlements and submit them to an administrative law judge for approval. The Office of Administrative Law Judges has implemented regulations allowing both for a stay of proceedings (including discovery) in order to provide the parties time to execute agreement and for the appointment of “settlement judges” who can confidentially assist in the voluntary mediation of a dispute. Likewise, under the DOL regulations, if a settlement agreement is approved by a presiding administrative law judge, the agreement may become final if no party files an appeal to the Administrative Review Board (ARB) within the 10-day period. If an appeal of the merits decision has been filed with the ARB, then the ARB must approve the settlement. If the case is settled during the OSHA investigation, OSHA must approve the agreement. Business Lawyer Free ConsultationWhen you need legal help with your LLC or business in Tooele Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Are Divorce Records Public in Utah? via Michael Anderson https://www.ascentlawfirm.com/corporate-lawyer-tooele-utah/
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Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault.[1] Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are friable either way, whereas robbery is friable only on indictment. The word “rob” came via French from Late Latin words (e.g., deraubare) of Germanic origin, from Common Germanic rub — “theft”. Armed robbery, in criminal law, aggravated form of theft that involves the use of a lethal weapon to perpetrate violence or the threat of violence (intimidation) against a victim. Armed robbery is a serious crime and can permanently traumatize its victims, both physically and psychologically. It tends to receive considerable media attention when it occurs, and it carries longer prison terms than other forms of robbery such as simple robbery (i.e., theft without a dangerous weapon). Armed robbery is typically motivated by the desire to obtain money, which is then often used to purchase drugs; however, some armed robbers engage in the crime with the intention of boosting their status within their peer group. Whatever the motivation, the act is classified as a violent crime, because armed robberies can result in injury and sometimes death to victims. Armed robbers are disproportionately young males who are clearly opportunistic in their selection of easy targets. Armed robbery may occur on the street—where unsuspecting individuals are held up at gunpoint—or in a commercial establishment such as a convenience store or a bank. Several studies have determined that armed robbers prefer isolated locations with lone victims and reliable escape routes. As a result, increasing public awareness of the crime and providing businesses with enhanced security and surveillance are thought to reduce the incidence of armed robbery. Law-enforcement authorities can further reduce the chances of armed robberies occurring by monitoring places known for high incidences of the crime and engaging in aggressive patrols and intervention to deter potential offenders Armed Robbery, according to the laws of the state of Arizona, occurs whenever a weapon is used in the commission of a robbery theft. The weapon can be a gun, knife or any other deadly weapon. You can be charged with robbery even if the weapon is not pointed at the victim. It’s also an armed robbery charge without a weapon if you give the impression of having a weapon and the victim has a reasonable cause to believe you. An example might be using your finger inside a jacket pocket to give the impression you have a gun. That’s enough to satisfy the requirement for an armed robbery charge. The Charge of Robbery Taking property from another person – Robbery begins when someone takes personal property (not real property, such as land or buildings) that someone else possesses, without the person’s consent. The victim need not actually own the item taken; it’s enough that he has mere possession. For example, forcefully taking a library book from someone would qualify, even though the victim doesn’t own the book. Items that are within a person’s presence are close to the victim and within his control. For instance, locking a clerk in a storeroom after forcing the clerk to open the safe would constitute robbery, because the safe was under the control of the clerk. Another way of understanding this is to say that the money in the safe was within the clerk’s control in that he could have prevented the taking but for the robber’s threats or violence. Some states, however, don’t require that the item be taken from the person or his presence. In these states, the use of violence or threats in conjunction with the theft will suffice. The property must have been carried away – The law requires that the defendant actually carry the property away, even slightly. Sometimes, merely exercising control over the item taken will suffice. For instance, intending to take a camera, a thief places his hands on the case that hangs from the victim’s shoulder. Although he is stopped before he could move it, in most states, this act would suffice for “control.” Intending to permanently deprive the possessor – The person who has taken another’s property must have intended at the time to permanently deprive the victim of that property. Taking something with the intent of using it in a way that creates a high likelihood that it will be permanently lost is sufficient. For example, taking a cell phone with the intent of using it and abandoning it creates a substantial risk that it will never be returned. Taking by violence or intimidation – Taking someone’s property is robbery if any force is used to obtain it. Pushing someone down, hitting someone, wresting something from the victim’s grasp are all examples of violence. There need not be a lot of force—a light shove or the snapping of a purse strap will do. Robbery can also be accomplished by intimidating someone—placing someone in fear. But in some states, that fear must be reasonable—the response of any ordinary person in the position of the victim. Other states will count a victim’s unreasonable response (the response of someone unusually susceptible to threats), as long as it was triggered by the defendant’s actions. Traditionally, the threat needed to be one of serious injury or death, or the destruction of the victim’s home; and the threat needed to be of imminent harm. For example, threatening to do harm to the victim’s family member many months hence is not imminent enough to qualify as a threat. Robbery Crimes DefinedAttempt to commit – Aggravated robbery charges are often brought based on the actions taken immediately before and after the incident. For example, fleeing the scene of the attempted crime can constitute these charges. Aggravated robbery is a First-degree felony crime. This is considered one of the most serious crimes a person may be charged with. It is indispensable to engage the services of an experienced Salt Lake City lawyer who can vigorously defend and advocate for your rights. Penalties for robbery convictionsUnder Utah robbery laws, robbery is a second-degree felony with penalties that can include one to fifteen years in prison and a fine of up to $10,000. Aggravated robbery is a first-degree felony, for which penalties can include five years to life in prison and a fine of up to $10,000. In addition, in most robbery and aggravated robbery cases, the Utah court orders the defendant to pay restitution to the victim, whom means that you must repay the victim for the property that, was taken if you are convicted. Finally, a felony conviction remains on a person’s criminal record and is accessible to anyone who looks it up. Utah Felony Criminal PenaltiesSentencing and Aggravating Factors – Minor criminal offenses are called misdemeanors, while more serious offenses are categorized as felonies. Robbery is always a second degree felony, which in Utah can result in a maximum fine of $10,000 and a prison sentence ranging from one to 15 years in prison. Judges have discretion over the duration of a convicted defendant’s prison sentence. A sentence may be longer if the court finds any aggravating factors, or aspects of the crime that enhance penalties. Examples of aggravating factors include: Reasons You Can Be Charged With RobberyBeing charged with robbery is not the same as being charged with theft or burglary, which are separate crimes. Robbery has a distinct definition which sets it apart from these and other related offenses. Defined under Utah Code §76-6-301, robbery is charged when a suspect allegedly: Get Legal Help for Armed RobberyAs with any felony charge, it is essential to consult with a criminal defense attorney as early as possible in the case. An experienced defense attorney will be able to help you understand the charges against you and the weight of the evidence the prosecution intends to produce. A good attorney will be able to realistically assess your chances at dismissed or reduced charges, a plea bargain, or the likely consequences should you go to trial as charged. Only someone who is familiar with how the prosecutors and judges in your courthouse approach cases like yours will be able to give you this essential information. A robbery conviction has both immediate and long-term consequences. First, you can receive a lengthy prison sentence. Then, once you have served your time and been released, you will have a permanent criminal record which can prevent you from getting hired for jobs, or approved for professional licenses. You can also lose your gun privileges. It is critical that you have a skilled and tenacious criminal lawyer on your side. Free Consultation with a Criminal Defense LawyerWhen you need help defending against charges of robbery in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Corporate Lawyer Riverton Utah Are Divorce Records Public in Utah? Spinal Cord Slip and Fall Injuries via Michael Anderson https://www.ascentlawfirm.com/armed-robbery-legal-defense-in-utah/ Whether you’re a company employee or an independent contractor, you surely want to be saving for retirement. With Americans living longer than ever, planning for your retirement now can bring you peace of mind later. While there’s no substitute for consulting with a legal professional some simple knowledge about retirement plans is invaluable. 401(k) PlansA 401(k) plan is a retirement plan where an employee defers part of his or her current income into a tax shelter where it grows tax-free until the employee withdraws it. The employer has the discretion to match the employee’s contributions. Annual contributions of employer and employee are generally limited to $18,000 plus another $6,000 if you are over 50 years old. The plan allows an employee to save for retirement and simultaneously reduce his or her current income tax bill. Employees are often allowed to make decisions as to the investment of these funds. Pension PlansA Defined Benefit Pension Plan is a traditional pension plan that pays workers a specific monthly benefit at retirement. These plans either state the promised benefit as an exact dollar amount or specify a formula for calculating the benefit. Generally, a company funds the pension plan, and a professional money manager invests the assets of the fund. Qualified Retirement PlansQualified retirement plans are described in Section 401(a) of the Tax Code. A qualified retirement plan is established by a business. The most common types of plans are profit sharing plans, defined benefit plans, and money purchase pension plans. IRAsIndividual retirement accounts (“IRAs”) are not qualified retirement plans. Traditional IRA earnings are taxed when they are withdrawn. They are also described under a different section of the Tax Code. An IRA is basically a savings account with some attractive tax breaks. Keogh PlansA Keogh plan is a qualified retirement plan for self-employed individuals. Contributions to this plan are tax-deductible. The individual can direct the investment of the funds that are put into a Keogh, e.g., stocks, bonds, or mutual funds. Roth IRAsRoth individual retirement accounts (“Roth IRA”) are similar to traditional IRAs except the contributions to a Roth IRA are taxed at normal income rates. When you withdraw money from a Roth IRA in retirement, it will be tax-free. Estate Planning Lawyer Free ConsultationWhen you need legal help with your retirement plans or estate planning, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Bankruptcy Meeting of Creditors How Investors Can Protect Themselves More Utah Divorce Cases May Be Caused By Cheating Wives What is a Change of Circumstances? via Michael Anderson https://www.ascentlawfirm.com/types-of-retirement-plans/ Utah natives may wonder if their divorce records are public. Before I talk about the divorce records being public, I would like to talk about divorce records in general and where we are now. You can start with the Utah Territorial Divorce Records 1852-1859. Researchers need to know an approximate date or time frame in which divorce took place as well as where the partners were living when the divorce occurred. This will enable them find territorial divorce records. Very few of these records are name-indexed. Due to this, researchers may find their work of researching taking a lot of time if they lack this information. Between 1852 and 1887, two separate courts had simultaneous power over divorce proceedings, the county Probate Court for each individual county and District Court which covered multiple counties. Individuals seeking a divorce in Utah between 1852 and 1878 had the liberty to file the case anywhere within the region since there were no laws specifying your residence. Majority of the people from Utah filed their cases within the area that is in their county probate court or area district court. The good thing is that there were no requirements while filing their cases. A residency requirement was initiated in 1878 whereby there were specifications about the location. This was to affect divorce cases from June 1878. Persons filing for divorce had to file in the County Probate Court which occurred through 1878 or the District Court with dominion over their place of residence. In 1887, the Probate Courts’ power over divorce cases were removed by the Federal government and so all divorces were filed in the District Court only between 1887 and 1896. District courts had power over several counties. Very few records which have territorial divorce proceedings are name-indexed. Actually not all of them have survived. Consult multiple series for the same agency when researching divorces: while case files series generally provide the largest amount of information about divorce proceedings, occasionally files do not survive when minute book entries do or vice-versa. Also different record types document different aspects of the case. Divorce Records, 1896- PresentDivorces must be filed in the county in which at least one of the parties reside at the time the objection is filed. Records of divorces filed since 1896 in many District Courts are still accessed directly through those district courts, though some have made arrangements to store records older than 50 years with the State Archives. Is Divorce public in Utah?Yes and No. The Utah State Legislature has made privatized divorce records. This means that if you, as a citizen off the street, takes a stroll down into the Matheson Courthouse down at 450 South State Street, Salt Lake City, Utah and walk into the court clerk’s office and ask for divorce filings, he or she would certainly not agree. This is to mean that divorce records are private. If you have been divorced for a number of years in Utah, there is a set of data in which you can search or even ask the court clerk to find it for you in the database. In addition to this, it is possible to search and see if someone has documented a divorce or if there is any ruling regarding divorce that has been entered. It is good to confirm the divorce decrees especially if you are dating a person claiming to be a divorcee. You will be able to see if he or she has divorce records or if they are not being honest with you. This will save you a lot of future trouble in your relationship or marriage especially if the person is lying to you about his or her divorce. You will be able to make a good decision with all the facts at hand. There is an added advantage to an attorney or guardian ad litem since they can access since they can access court documentations by filing a ‘Notice of Appearance’ or ‘Appearance of Counsel’. Notice of Appearance is a document from an attorney or parties to show the court your involvement in the case. Parents, siblings, grandparents or grandchildren may also place a request. Only them can be allowed to make such requests. In Utah, divorce papers are concealed. However, the digital era has made it possible to access information online. The information can be obtained in certain websites. You can access if you have viable data concerning the city, county and state. Divorce records database are maintained by many companies and allow users through the internet access their websites. It is important to become a member of authenticated and secure website. Free information is also available but is basic and does not provide enough information. It is good to choose the best website to get sufficient information. Records That Are Essential To The State of UtahAll vital records in the state of Utah concerning the citizen’s’ most important life events are maintained in The Office of Vital Records. These crucial records may include: birth certificates, marriage licenses and death certificates. The records are usually assembled and stored in permanent central registry state entities. These records are used to compile data that is, developing statistical analysis of the population of Utah. Birth RecordsBirth records are contained in a birth certificate. They are usually written when a child is born. A birth certificate can either be the original document showing or confirming the birth or a photocopy of the original birth certificate which still has the information on birth. Death RecordsWhen a person dies records are also kept to show that he or she no longer exists. A death record has more or less of the information in the death certificate. Some states such as California have two categories through which death records are managed. Marriage and Divorce RecordsThe government of Utah issues a marriage or divorce record only after civil registration of the marriage or divorce occurs. The record is usually issued by a government official. Civil registration of marriage was not necessary or was not a requirement in Utah until 1887. If we take a look during the territorial period, the federal district courts had power over divorce cases from the year 1852 to 1895. This law was enabled in 1997 and its aim is to ensure that court records and other public records are disclosed to the public. This law has been of assistance since any citizen can request to see all public records via the assigned specialized offices within the set terms. For years it has been reported that Utah has a higher than average divorce rate but census data shows that Utah’s men and women are least likely to be divorced. This is the reason why: Utahns get remarried faster and those second or third marriages seem to last. Due to this, Utah has the fifth- lowest and percentage of divorced men, at 8.2 percent, and the fourth lowest percentage for women at 10.2. The factor that distinguishes Utah from other states is that its residents get married at an earlier age compared to residents of other states in the same nation. Due to that, Utah has slew of young divorced couples who have a higher probability to re-enter the dating world than a person whose marriage breaks later in life. Age is a great determinant after divorce because it determines if you will be remarried or not. In addition to this, The Church of Latter-day Saints plays a big role in all of Utah’s marriage and divorce statistics. The Mormon faith also encourages marriage at a young age and puts a lot of emphasis on the marriage institution. This greatly challenges divorced and widowed Mormons to get back into dating. This is a good explanation why Utah has a higher percentage of people who have or are married. According to the information from 2013 census in Utah, 73 percent of Utah women and 68 percent of Utah men have been married at least once, while nationwide, 70 percent of women and 64 percent of men have tied the knot. Ten Cities In Utah With The Highest Divorce Rates1. Vernal If you can, you should try to avoid divorice. This is because divorce has disadvantages such as: 2. Divorce changes relationships It is obvious that your relationship with your ex will change. Apart from the spouse, your relationship with his or her family and relatives will change. Divorce can make you lose people who at one time were the dearest to you. This usually happens when friends take sides and start viewing you as the worst person. After divorcing, the divorcees find themselves distancing themselves from married people. They mostly stay with single people so as to get a little comfort. 3. Divorce Hurts Children Children of divorced parents are more likely to have problems such as depression, delinquency, low school performance and social problems. These problems may come as a result of marital conflicts at home or due to the divorce itself. There are some factors at home that are bad enough that unless they are eliminated a divorce might be better for the children. They may include violence against children or spouse, continuing and open substance abuse, recurring inappropriate expressions of anger for example constantly yelling or destruction of property and continuous involvement of the children between the conflict of the parents. In the absence of one of these factors however, research has found out that in the absence of one of these factors, intact but unhappy homes are on average happier and better than children whose parents have divorced. This is applicable even when parents make all the right decisions to help their children through a divorce. 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 for your free consultation. 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
Auto Insurance Bad Faith in Utah Bankruptcy Meeting of Creditors Is Filing Bankruptcy Better Than Just Not Paying Your Creditors Back? via Michael Anderson https://www.ascentlawfirm.com/are-divorce-records-public-in-utah/ As a business owner in Riverton, Utah licensing is a great way to expand your business. However, licensing is a very complex issue and you should seek the assistance of an experienced Riverton Utah corporate lawyer. This will ensure that your rights are protected at all times. Contractual Restrictions on ExclusivityOne method often used to control the risks you might feel comes with the grant of an exclusive license is to restrict the scope of the exclusive rights in some manner. For example, a licensor may restrict exclusivity by limiting it to that period of time necessary for the licensee to achieve the desired advantage of being the first in the market with the product or technology covered by the license. This strategy may be appropriate when it is anticipated that the licensee will expend substantial amounts on promoting and distributing the product or technology. Once this initial investment has been recovered, or the licensee has had sufficient time to realize the benefits of its distribution strategies, the licensor will hopefully be able to enter the market directly to obtain additional royalties through the grant of other licenses. Another way to limit the effect of exclusive rights is to grant rights that are exclusive only as to specific products or geographic areas, but non-exclusive in all other respects. This type of arrangement makes sense when the licensee has particular strengths in the areas of exclusivity, such as a large and proven chain of distribution or a reliable reputation with respect to similar products. Similarly, exclusivity may be restricted to one or more markets within a specific geographic area, such as when a licensor retains the right to distribute products to national accounts, while the licensee is granted an exclusive right to sell to all other potential customers. A dual distribution strategy of this type will not usually violate the antitrust laws if it is reasonable and not unduly restrictive of horizontal competition. Performance Conditions for ExclusivityIn almost all cases, the ongoing exclusivity of a license grant will be conditioned upon continued satisfactory performance of the licensee in relation to specified measures included as part of the license agreement. Development of Technology
Establishment of Distribution ChannelWhen the license pertains to a distribution relationship, the licensee may agree to establish a certain number of dealerships or agents by a certain date. A standard of this type evidences the willingness of the licensee to distribute the product; however, it does not guarantee that anticipated revenues from sales will be realized. Development ExpendituresThe licensee may be required to expend certain minimum amounts for further development or improvement of the licensed technology or for the promotion of the various products and services included in the license. This type of standard ensures a minimum degree of commitment on the part of the licensee; however, it does not guarantee that the development will be successfully completed. Moreover, a duty to make specified expenditures may terminate upon the obsolescence of the licensed technology. Revenue and Market Share MilestonesPerhaps the most frequently used method for evaluating the performance of exclusive licensees is to require that the licensee meet specific revenue objectives or minimum royalties or, alternatively, capture a given minimum share of the target market for the licensed products. If a minimum royalty hurdle is used, the licensee should be prohibited from making payments other than out of product sales, since the object of the exclusivity is to penetrate the target market. Legal Consequences of Exclusive LicensingThe grant of an exclusive license can have significant legal consequences for both parties. First of all, an exclusive license may be subjected to careful review under antitrust law in light of the potential adverse effect upon competition. Second, since the grant of an exclusive license is essentially an outright assignment of the licensed subject matter, it may be necessary to record the license in the appropriate governmental filing offices. Finally, at least in the United States, an exclusive licensee has the right to commence an action for infringement and join the licensor. Most Favored Licensee ClausesIf the licensee obtains something less than an exclusive license to all markets and applications, it may insist upon inclusion of a “most favored licensee,” or “MFL,” clause in the license agreement. This type of provision will require that the licensor extend to the licensee the benefits of any terms included in subsequent license agreements covering the same subject matter. The most common item of concern to a licensee in seeking a MFL provision is the royalty rate charged to subsequent licensees. However, the scope of the MFL clause usually extends to all other material conditions set out in the license agreement. Sublicensing and AssignmentA person who rents a property right from its owner will sometimes want to rent, or even sell, its rights as a renter to a third party. In the licensing context, the grant of a license by a licensee to a third party is referred to as a sublicense, and a sale or full conveyance of the licensee’s rights under the original license is usually referred to as an assignment. Sublicenses raise all of the same issues as the original license. For example, the licensee may sublicense all or only a portion of the legal rights the licensee received from the licensor. In contrast, the assignment of the licensee’s rights will generally terminate its interest in the licensed subject matter. Obviously, the licensor will have some concern about any transaction, whether a sublicense or an assignment, that gives a third party the right to use and exploit the licensed technology. As a general rule, absent an expressed or implied agreement to the contrary, a license is not assignable, and the licensee has no right to grant sublicenses to third parties. However, there are often a number of situations where sublicensing may be essential to the success of the overall business relationship. For example, when the original arrangement contemplates that the licensee will manufacture and/or distribute the licensed technology or products that embody such technology, it may be necessary for the licensee to hire various subcontractors, consultants, distributors, dealers, or agents in order to properly exploit the licensed rights. In each case, it may be necessary to sublicense a portion of the licensed right to these persons or entities. If the licensee is to be given the right to sublicense, the licensor will want to ensure that it has the ability to exercise adequate control over the number of licensees, the uses made of the licensed rights by the sublicensees, and the ability of the sublicensees to adequately protect the technical information embodied in the licensed rights. In addition, the licensor will want to understand how the grant of a sublicense will impact the overall economic relationship between the parties, particularly with respect to royalties paid to the licensee by a sublicensee. In many cases, the licensor can effectively manage sublicensing activities by either insisting on the right to review and approve the terms of every proposed sublicense or by providing that sublicenses may be consummated only in accordance with terms set out in a form sublicense agreement appended to the original license agreement. Given the desire of the licensor to minimize the costs and risks associated with potential sublicensees, it is important for the licensor to clearly understand how the licensee intends to use the licensed. rights and the possible need for the licensee to engage one or more third parties. This analysis provides the licensor with a good opportunity to understand the licensee’s own internal capabilities, as well as the ability of the licensee to enter into the proper relationships within its own chosen market. If it appears that the licensee will need to enter into a number of sublicenses in order to fulfill the contemplated economic goals of the original relationship, the licensor may look to another party with more of the required resources under its own control. A purported assignment of the licensed rights not only raises all of the issues attendant to a sublicense; it also constitutes a fundamental change in the original business relationship. In most cases, the licensee will be precluded from making any assignment of its rights under the license agreement, since the licensor will not want to agree in advance to substituting a third party as the one responsible for performing the licensee’s obligations under the license agreement. The limitations on assignment will generally extend beyond voluntary transactions to include various other fundamental changes relating to the licensee. For example, a merger or stock purchase involving the licensee that effects a change in ownership of the licensee may be deemed an assignment of the license. Speak to an experienced Riverton Utah corporate lawyer to know how you can grow your business through licensing. Whether you are the licensor or the licensee, an experienced Riverton Utah corporate lawyer can ensure that your business is protected when it signs a licensing agreement. Riverton Utah Business Attorney Free ConsultationWhen you need legal help for your company in Riverton Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Burglary Legal Defense in Utah Car Accident Cases Going to Trial Require a Trial Lawyer Prenuptial Agreement Can Be Thrown Out Types of Child Custody in Utah via Michael Anderson https://www.ascentlawfirm.com/corporate-lawyer-riverton-utah/ When it comes to bankruptcy, we always get asked “Will I need to go to court?” The short answer is yes. You must go to a meeting of creditors. It’s not exactly court though. There are two fundamental sorts of Bankruptcy procedures. A recording under Chapter 7 is called liquidation. It is the most widely recognized kind of bankruptcy continuing. Liquidation includes the arrangement of a trustee who gathers the non-absolved property of the indebted person, offers it and disseminates the returns to the creditors. Not dischargeable in bankruptcy are divorce settlement and tyke support, charges, and fake exchanges. Documenting a bankruptcy request consequently suspends all current lawful activities and is frequently used to thwart abandonment or inconvenience of judgment. Following at least 45 days a creditor with an obligation verified by genuine or individual property can request of the court to have the “programmed remain” of lawful rights expelled and an abandonment to continue. At the point when the court officially announces a gathering as a bankrupt, a gathering can’t declare financial insolvency again for a long time. Section 11 bankruptcy enables a business to redesign and renegotiate to have the option to anticipate last indebtedness. Regularly there is no trustee, yet an “account holder under lock and key,” and extensive time to introduce an arrangement of rearrangement. The last arrangement regularly expects creditors to take just a little level of the obligations owed them or to take installment over a significant lot of time. Section 13 is like Chapter 11, yet is for people to work out installment plans. Toward the start of the gathering, the trustee will request to see your driver’s permit and Social Security card and swear you in. (You ought to have your Social Security card and driver’s permit out and prepared when you go in to see the trustee.) He or she will at that point ask you a progression of inquiries identified with the data that you gave in your request, calendars, and different records. For a rundown of regular inquiries, click here. It is essential to comprehend that the trustee will never attempt to deceive you or excursion you up. If you don’t mind remember that since you are posed a specific inquiry does not imply that anything isn’t right. On the off chance that, for instance, the trustee inquires as to whether the sum that you recorded for your compensation is exact, it’s anything but a sign that the trustee supposes you are not coming clean. Frequently, the motivation behind the inquiry is simply to affirm data for the record. Keep in mind, your bankruptcy legal counselor will be there to help you in the event that you don’t comprehend an inquiry. Obviously, on the off chance that anything is mistaken or has transformed, you have to tell your lawyer early. In a Chapter 13 case, the bankruptcy judge for your situation will hold another hearing called a “confirmation hearing” at some point later in the process to decide whether your Chapter 13 plan ought to be endorsed. In any case, you for the most part don’t need to go to the affirmation hearing. Normally, if the trustee prescribes endorsement, the arrangement will be affirmed. It is regular for the trustee to demand changes to the Chapter 13 plan at or after the gathering of creditors (e.g., to consider a case made by a creditor or pending changes in the borrower’s salary and costs.). When these progressions have been made or an understanding achieved, the trustee will prescribe to the judge that your proposed Chapter 13 plan be affirmed. A trustee bankruptcy meeting is an ordinary piece of a Chapter 7 or Chapter 13 bankruptcy procedure. A few account holders get apprehensive about going to the gathering, so readiness can help. After the gathering, creditors may have questions or complaints, so continue slowly and carefully until your bankruptcy is released. Creditors and the trustee have 30 days after the 341 gathering to document protests to any Chapter 7 property exclusions you asserted. These may be founded on state law or the Bankruptcy Code, for example, limits enabling you to keep up to $1,450 in adornments and up to $11,525 in family products, furniture and apparatuses. A complaint may likewise be recorded if the trustee is concerned you have an excessive amount of cash in the bank or different resources. After the gathering of creditors, the court may issue orders upon the account holder. These can incorporate turning over property or resources, or furnishing the trustee with data. You should answer immediately to any solicitations. On the off chance that the indebted person neglects to pursue these requests, the case might be expelled. In the case of recording a Chapter 7 or Chapter 13 bankruptcy, all account holders must finish a money related administration course inside 45 days of the booked 341 gathering. You should document an Official Form 23 with the court affirming consummation of the course. In the event that an indebted person does not record this structure, his case might be shut with no obligations being released. In a Chapter 7 bankruptcy, creditors have 60 days after the 341 gathering to record a grumbling, otherwise called an enemy continuing. This is basically a claim inside a bankruptcy case. An objection can likewise be recorded by the trustee, companion or anybody with cases against the borrower or his benefits. Protests are frequently documented if a creditor thinks the indebted person submitted extortion, for example, running up charges only before bankruptcy. Enemy procedures are run like a common claim, with the borrower reacting and the court settling on a choice. People who recorded Chapter 13 must go to an arrangement affirmation hearing before the judge. This allows the judge to survey the borrower’s arrangement to reimburse his obligations. When the arrangement is endorsed, you should reliably keep on making installments to your creditors as indicated by the arrangement. A bankruptcy release implies all activities to gather an obligation must stop and the account holder gets a new beginning. In a Chapter 7 bankruptcy, if nobody documents an enemy continuing and all complaints are managed, the bankruptcy will be released. This normally occurs around 10 to 12 weeks after the 341 gathering. In a Chapter 13 bankruptcy, the bankruptcy is released after the reimbursement plan is finished. Utah Bankruptcy Lawyer Free ConsultationIf you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506 for your free consultation. 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
Corporate Lawyer South Salt Lake City Utah Burglary Legal Defense in Utah Pros and Cons of in house attorneys via Michael Anderson https://www.ascentlawfirm.com/bankruptcy-meeting-of-creditors/ Insurance is a risk-transfer mechanism that ensures full or partial financial compensation for the loss or damage caused by event beyond the control of the insured party. Under an insurance contract, a party (the insurer) indemnifies the other party (the insured) against a specified amount of loss, occurring from specified eventualities within a specified period, provided a fee called premium is paid. In general insurance, compensation is normally proportionate to the loss incurred. Importance of buying auto insurance• Having auto insurance is very important though many people think of it only as a grudge purchase. There is no doubt that having home insurance, life insurance or even business insurance ensures that if things ever do go wrong, you have a safety net. Auto insurance is especially important as this is the most common form of insurance taken for individuals. Understanding Your Auto Insurance DeductiblesIf you have ever had full coverage on a vehicle then you may be familiar with the term ‘deductible.’ In short your deductible is the amount of money that you will have to cover in the event you are in an auto accident. Breakdown of Auto Insurance
Auto Insurance Bad FaithBad faith insurance refers to an insurer’s attempt to renege on its obligations to its clients, either through refusal to pay a policy-holder’s legitimate claim or investigate and process a policy-holder’s claim within a reasonable period. Insurance companies act in bad faith when they misrepresent an insurance contract’s language to the policy-holder to avoid paying a claim. They also act in bad faith when they fail to disclose policy limitations and exclusions to policy-holders before they purchase a policy, or when they make unreasonable demands on the policy-holder to prove a covered loss. Fighting Bad Faith InsuranceState laws that specifically address bad faith practices also called unfair claims practices acts, are meant to protect customers against malicious behaviors by insurance companies. Some laws require an insurance company acting in bad faith to pay basic damages to help compensate the victim for having a claim denied, above and beyond the amount owed under the claim. This compensation covers not only out-of-pocket expenses or borrowed funds to address damage, but also missed work and attorney’s fees. Get Legal HelpIf any of the above situations applies to your case, you probably have a valid claim to sue the insurance company for its bad faith insurance settlement practice. Before filing a lawsuit, write a letter claiming bad faith to the insurance company. It may draw the company’s immediate attention, and the company may attempt to resolve the issue. However, if the insurance company fails to fix its bad faith insurance practice, you should consider suing the company. Attorney for Bad Faith Insurance Claims Free ConsultationWhen you need legal help with a bad faith insurance claim in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/auto-insurance-bad-faith-in-utah/ Burglary is defined as the unlawful entry into a building, with the crime in the structure. Some jurisdictions include other elements, such as breaking and entering at nighttime, or intending to commit a felony. Burglary is sometimes classified as a “crime against the habitation,” although the building does not usually need to be a home. Although the exact definition of burglary may be a little different from state to state, the crime typically involves a culprit: Burglary is distinguished from less serious crimes such as criminal trespass in that, with burglary, the prosecution has to prove that a defendant intended to commit a qualifying crime inside the building at the very moment of entry. Definition of Burglary in UtahThe crime of burglary does not actually require theft, as many people think. Burglary, robbery, and theft are often linked together as similar crimes. While theft involves stealing from another, and robbery involves stealing from another using force, burglary can include the crime of breaking into a building to steal. However, Utah’s definition of burglary is broader, and includes other actions as well. Burglary is almost always a felony. Most states divide the crime into degrees of severity, depending on certain factors. The danger of physical injury is greatest when a burglar enters an inhabited building so, in many states, this constitutes first degree burglary. Under some statutes, entry at night rather than in the daytime also constitutes a first degree burglary, regardless of whether the building is inhabited Penalty for burglary in UtahBurglary is a serious crime in Utah. Classified as a felony, burglary can be a crime against property or a crime against another person. This distinction helps decide the punishment you will receive. Burglary is often confused with robbery and other theft crimes, but does not need to include a theft. Burglary actually punishes entering a building, making it closer to a severe form of trespass. It can often involve theft, but because burglary can also be a crime against a person, its penalties are quite high in Utah. Degrees of Penalties for Burglary in UtahThe state of Utah defines the offense of burglary into two separate categories, depending on the location of the crimes committed. A defendant will be charged with third degree burglary if the offenses were committed in a commercial building. A burglary occurring in a home or residence is charged as a second-degree burglary. The seriousness of the offense will also be taken into consideration when charges are filed. Sentencing for a Burglary ConvictionWhen a defendant is convicted of burglary, the judge or jury then considers sentencing parameters for the individual crimes that were committed during the burglary. A number of things are taken into consideration, including: Defense of Burglary ChargesIf you or someone you know has been arrested and charged with burglary, our experienced criminal defense lawyers can help. When providing a defense in serious cases like burglary charges, it is best if a lawyer can get involved in the case as early as possible. Like many criminal cases, burglary is a very fact-specific crime. This means that the specific type of crime charged — and the potential consequences — will depend on the specific facts that the prosecuting attorney believes can be proven. The earlier a defense lawyer gets involved in your case, to review the evidence against you and conduct an independent investigation, the better the chances of building a strong defense on your behalf. Related Offenses: Aggravated Burglary, Robbery, Theft, and TrespassingSeveral crimes are closely related to burglary. These offenses include: Our Utah criminal defense law firm defends adults and juveniles charged with burglary and related offenses, including aggravated burglary, theft, robbery, and criminal trespass. While burglary is always charged as a felony, some burglary offenses are more serious than others, and therefore, carry greater penalties if the defendant is convicted. That is because there are different levels of felony charges. The details of the alleged burglary will determine how the offense is classified – and in turn, the penalties that may result from a conviction. Generally speaking, burglary is prosecuted as a third-degree felony, which is one level above a misdemeanor in Utah. However, it can be prosecuted as a second-degree felony, which is more serious, in cases where the defendant allegedly burgled a “dwelling,” meaning somebody’s home, condo, or apartment. Aggravated burglary is always a first-degree felony, which is the most serious type of crime under Utah’s penal code. For example, murder and rape are first degree felonies. Judges have some discretion over how to sentence a convicted defendant but must abide by the maximum limits set by state law. The maximum penalties for burglary felonies in Utah include the following fines and prison sentences: Property CrimesWhen charged with a property crime, you need an attorney who understands the legal issues and can raise valid defenses. Different Types of Property Crimes in UtahUtah law provides for many different types of property crimes including: Utah Military LawyerYou have worked hard for your military career. If you are being threatened with a rank reduction, discharge or a Court-Martial you should hire private defense counsel to fight for your rights. Call Ascent Law for a free office consultation regarding your legal issues. things to know about Utah’s self-defense lawsPolice say a fatal incident Sunday, Feb. 7, in Riverdale ended with a man calling 911 to say he’d shot his girlfriend, who he said was armed with a knife. And though few details have been released about the ongoing investigation, it’s raised questions in the Standard-Examiner’s comment sections about Utah’s self-defense laws. Utah’s code 76-2-402 addresses “force in defense of person.” The code details when the threat or use of force against another can and cannot be interpreted as self-defense. Utah code says using force is justified when a person reasonably believes it’s necessary to defend him, herself or others against the imminent use of unlawful force. However, the law says people can only use deadly force if they reasonably believe it’s necessary to prevent death or serious bodily injury to themselves or others. The decision to use deadly force in these cases must be made as a result of the attacker’s imminent use of unlawful force or to prevent the offender from committing a forcible felony. Not sure what a forcible felony is? Check out the section below labeled, “What is a forcible felony?” Utah law says self-defense isn’t justified if — in an attempt to inflict harm on someone — a person provokes another person they’d like to harm into using force. A person who is attempting to commit, committing or fleeing after committing a felony can’t claim self-defense either. Finally, self-defense isn’t justified when a person was the aggressor or was engaged in “combat by agreement,” which means agreeing to fight with someone. According to the law, a person does not have a duty to retreat from force or threatened force in a place they’ve lawfully entered or remained — except to indicate intent to withdraw from “combat by agreement.” As was mentioned earlier, Utah’s can use deadly force to prevent a forcible felony if there’s danger of death or serious injury to themselves or others. Utah law says forcible felonies include aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping, aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, aggravated sexual assault, arson, robbery and burglary. However, burglary of a vehicle is not a forcible felony unless the vehicle is occupied. Burglary Lawyer Free ConsultationWhen you need to defend against a crime in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How Does Adverse Possession Work in Utah? via Michael Anderson https://www.ascentlawfirm.com/burglary-legal-defense-in-utah/ If you are the CEO or the Head of a corporation or LLC in South Salt Lake, Utah consult with an experienced corporate lawyer to set up an audit committee as required by law. • Ensuring that employees can make “confidential” and “anonymous” reports In implementing SOX Section 301, the SEC expressly recognized that it is essential for the audit committee to maintain independence from the board of directors, as a whole, and company management so that the audit committee can fulfill its role in effectively performing oversight functions. The SEC also recognized that audit committee independence is paramount to ensure that there be “frank, open channels of communication so that information can reach the audit committee.” Mechanisms to receive and investigate employee complaints are not an alien concept to either corporate America or the federal government. Several companies in highly regulated industries—such as the nuclear power, defense contracting, and oil, gas, and chemical industries—have attempted to provide for so-called independent employee concerns or complaint programs. Likewise, the federal government has established various procedures, such as Inspector General programs and the Office of Special Counsel, to receive and investigate whistleblower complaints from federal employees. However, all of the currently established programs have met with dubious results and fall far short of the expectations and mandates envisioned by Congress when it enacted SOX. Nonetheless, audit committees and human resources professionals would be well advised to study the problems and inherent flaws in these existing employee-concerns programs before attempting to establish the procedures required by SOX Section 301. In too many cases, the established employee-concerns programs have participated in the retaliation carried out against the employee-whistleblower. This must be avoided at all costs under SOX Section 301, or companies will risk being “de-listed” as a publicly traded company for failing to establish the required procedures. In order to adhere to the reforms mandated by SOX Section 301, it is incumbent upon the audit committee to actively promote and enforce a corporate culture that encourages whistleblowing and that prohibits any retaliation against employees who make complaints protected under SOX Section 301. Once there exists the perception of retaliation against or unfair treatment of employees who report complaints to the audit committee, there will exist a lack of confidence in the program among employees, and the entire purpose of SOX Section 301 will be fatally undermined. When these disputes get out of hand, the whistleblower can be viewed by the organization itself as a threat to its mission or existence. If such situations persist, it can result in creation of a truly hostile work environment for the whistleblower. In the past, whistleblowers have been widely viewed by companies and coworkers as needlessly slowing down production, costing the company excessive amounts of money, threatening the shutdown of the plant and loss of jobs, and as being disloyal, traitors, or disgruntled. In many cases, companies and their management have permitted or even encouraged negative perceptions of whistleblowers to take hold within the organization as a whole. Code of EthicsEstablish a companywide code of ethics as well as policies and procedures that encourage whistleblowing and prohibit retaliation. The audit committee must obtain a commitment from the company itself to establish a companywide code of ethics and company policies to encourage employees to report misconduct. In order for any such code of ethics or company policy to be believable and trustworthy it must include provisions that retaliation against employees who engage in whistleblowing is strictly prohibited. Any failure on the part of companies to adopt such fundamental policies and codes of ethics, and to openly accept that whistleblower retaliation is prohibited, will doom the chance of success of any audit committee procedures under SOX Section 301. Moreover, the company policy must clearly inform employees of their right to file a retaliation case with the U.S. Department of Labor under Section 806 of the SOX. It should explain to the employees precisely how they can file a claim and should commit the employer to fully ensuring that the corporation will adhere to its obligations under the antiretaliation provision. Provide for confidential and anonymous reportingFailure to do this can result in a publicly traded company being “de-listed” from the stock exchanges. Even in cases where an employee does not request confidentiality or anonymity in making a complaint, it is good practice to limit the identification of whistleblowers to the audit committee and its investigators. There is no need under any circumstances for an audit committee or its investigators to inform the company’s board of directors, management, or legal department of the identity of a whistleblower. The most effective way to prevent retaliation against the employee is to restrict the number of people who know the identity of the whistleblower to the absolute minimum and to keep that information within the audit committee. Moreover, if information provided by employees to the audit committee is later revealed to management, or used by the company either to publicly discredit the employee or in litigation against the employee, it will create a chilling effect on other employees, and the audit committee’s sources of information will quickly dry up. Investigate and keep track of each complaintThis is also required by SOX Section 301, and the failure of audit committees to act on and keep track of complaints could result in a company being “de-listed.” Audit committees must ensure that competent and independent investigations are conducted. It will not be sufficient for audit committees to simply refer complaints to company management or corporate counsel to investigate. Additionally, if a company already has an existing employee-concerns program, the audit committee should insist that the existing program report directly to the audit committee and otherwise comply with SOX Section 301 requirements before utilizing any existing program. Most importantly, there must be a procedure designed to establish who is assigned to investigate and monitor complaints, one that avoids any conflicts of interest or compromise of an employee’s confidentiality. In many cases, there may be a need for the audit committee, or its investigators, to hire outside consultants or technical experts to evaluate the merits of the employee’s complaint. Care must be taken to ensure that such experts or consultants are unbiased and independent of management and that conflicts of interest are avoided. An experienced South Salt Lake, Utah corporate can help your business set up an efficient audit committee. Business Attorney Free ConsultationIf you are located in South Salt Lake Utah and you need legal help with your business, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Chapter 13 Bankruptcy Compared to Other Debt Solutions Utah Visitation and Domestic Violence via Michael Anderson https://www.ascentlawfirm.com/corporate-lawyer-south-salt-lake-city-utah/ Essentially yes, because divorce can be a traumatic event. Depression can best be described as a psychological disorder arising from prolonged negative moods. Depression is associated with lingering negative thoughts, despondency and emotional sensitivity which persist even up to two weeks. Symptoms for depression can vary among people, but the most common ones to look out for are: ● Despondency or unexplained sadness An expert diagnosis is required so as to rule out any medical condition which may present similar symptoms to depression, such as thyroiditis or mineral deficiencies. Depression and DivorceAdjusting to life after divorce is quite a tough experience. It can take days, weeks, months, or years to move on from the divorce trauma. During this time, you undergo so many emotions. It is during this time when you are susceptible to serious conditions like depression, post-traumatic disorder, and other physical conditions. Depression that occurs due to divorce is different from clinical depression. It is known as situational depression. In some people, depression after divorce occurs with behaviors like: Once you note these symptoms, this should be a red flag indication that depression is knocking at the door or you are already in depression. What Makes You Depressed After Divorce?It starts with thoughts. Imagine those thoughts that cross your mind after divorce. Reminiscing on the good moments you shared with your spouse before things turned sour. Maybe even looking at the wedding photos. The thoughts of how they betrayed you or failed to take responsibility. ChildrenIt is so hurting to see your child adapt to a new life without one parent. When the child was used to seeing both parents after school, then they have to adapt to the life of a single parent. You see them try to battle with the agony and even try to adapt to the situation. FinancesIt is very obvious that divorce is very expensive. It leaves your pockets dry if not torn. The expenses incurred in court proceedings and moving out are too much to bear. Sometimes they leave you in so much debt which can be paid in a lifetime. The societyYou will be ridiculed and may be even lose friends. Divorce means you create enemies as you are portrayed as the bad character from the in-laws side. Other people will criticize you that you did not take the right path in marriage while others will definitely insult you. Your partnerThis is the main cause of divorce. It can also be the main cause of depression after divorce. If you had an arrogant spouse who wants to make your life terrible, they may choose to make your life a living hell after divorce. Exercise dailyAccording to research, 20 to 40 minutes of brisk walking or exercise everyday may ease symptoms of depression. Wake up in the morning and exercise. Go to the gym, do workouts even at home, take an evening walk, but above all, make sure you exercise daily. Write in a journalEven if you have a support network, it is always relieving to put down your thoughts in a paper or type them on your computer. Your thoughts are not good if they are held back. Eat healthyWhen depressed, you might be tempted to eat lots of junk food and even drink excess alcohol. This might be so tempting especially when you have them in your house. Just keep the healthy foods around and ensue that alcohol is not anywhere near your vicinity. If the urge to eat unhealthy foods persists, feed on wholesome snacks like dark chocolates. Pamper yourselfYou definitely need this. Take a long shower in a jacuzzi while watching a feel-good movie. If you have children, arrange for some babysitting so that they can be away. During this time, you can light candles around you, have a hot shower uninterrupted and just focus on having a good time and pampering yourself. You can decide to go to a spa for a massage and have some good time there. If you do this twice a week, you will bid depression goodbye in no time and your life will be back to normal. Accept helpDuring this period of adjustment, you may not have the strength to carry out normal house chores. If people offer to help you with activities like preparing meals, cleaning the house, doing laundry or watching over your kids, just let them. Don’t worry – you can return the favor later. This gives you time to relax and get off any feelings of being tired. If you allow this, then your days of depression are numbered SleepDepression increases your risk of insomnia, which causes more depression. If you have a problem falling asleep at night, look for a night routine that will assist in calming your body and mind. SocializeLoneliness will lead you into depression easily. I know how hard it is to be around people during this time. But this can help calm the situation. Spend time with people who are focused on making you heal, those who can listen and those with a positive attitude towards life. These people will be willing to change your state of mind when necessary. How Is Depression Treated?We have already seen that depression can be treated. Statistics show that a high percentage of depression patients, approximately 90% are receptive to the methods used to treat depression. The initial step involves a comprehensive diagnosis from a certified practitioner. It is only after this diagnosis that the patient can embark on treatment. There are three types of depression treatments which are explained below: Prescribed medicinePeople with depression are mainly given antidepressants. These medications are used to alleviate mood fluctuation episodes. They work by balancing the chemicals and signals found in the brain. Antidepressants help to enhance the energy levels, anxiety episodes as well as the overall mood of the patient. Research shows that it takes between 1 month to 1.5 months for the drugs to become effective. PsychotherapyThis is a broad term used to describe alternative forms of treatments used besides medicine to treat various illnesses. It mainly involves a relational approach. This is a broad field thus there are psychotherapists who have specialized in different niches. Electroconvulsive Therapy (ECT)As its name suggests, this form of treatment entails a short stimulation done on the brain through electrodes. Usually it is administered only after the patient is put on anaesthesia. Experts suggest that this treatment is suitable for patients with major depression who do not respond effectively to antidepressants. Nevertheless, it only offers a relief, thus patients are still advised to continue with other therapies. Divorce Lawyer Free ConsultationWhen you need legal help for a divorce in Utah, 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 via Michael Anderson https://www.ascentlawfirm.com/can-divorce-cause-depression/ |
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
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