Saturday, 2 June 2018

Different Kinds of Divorce in Utah

There’s not just one way to divorce. The differences can be in the law, like fault or no-fault, or in the way you and your spouse approach it, like uncontested, contested, or default. This article describes briefly the different kinds of divorce in general terms, with links to more information about some kinds of divorces.

Different Kinds of Divorce in Utah

No matter how you slice it, divorce is expensive and time consuming. The most important variable is how well you and your spouse are able to put aside your anger and grief and cooperate on the big issues of money and children. The better you are at working together to make decisions for your changing family structure, the better for your bank account and for your chances of emerging from the divorce with a decent relationship with your ex.

Summary Divorce

In many states, an expedited divorce procedure is available to couples who haven’t been married for very long (usually five years or less), don’t own much property, don’t have children, and don’t have significant joint debts. Both spouses need to agree to the divorce, and you must file court papers jointly. A summary (sometimes called simplified) divorce involves a lot less paperwork than other types of divorce—a few forms are often all it takes. You can probably get the forms you need from the local family court. For this reason, summary divorces are easy to do yourself, without the help of a lawyer.

Uncontested Divorce

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

Default Divorce

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

Fault and No-Fault Divorce

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

Mediated Divorce

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

Collaborative Divorce

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

Arbitration

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

Contested Divorce

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

Divorce for Same-Sex Couples

All States now allow same-sex couples to marry—not just Utah, Connecticut, the District of Columbia, Iowa, Massachusetts, New Hampshire, New York, and Vermont—but they’re not the only states that allow same-sex couples to divorce. In the past if you lived in California, Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon, Rhode Island, and Washington State, same-sex couples had to be registered as domestic partners or entered into civil unions must use the same forms and procedures as married couples to end their legal relationship.  Unless the United States Supreme Court overrules themselves, this is the law of the land.

Free Consultation with Divorce Lawyer in Utah

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

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Posted by at No comments:
Labels:

Friday, 1 June 2018

Calculating Alimony in Utah

Alimony is money one spouse pays to the other for support either during or after a divorce. In Utah, alimony is sometimes called “spousal maintenance,” “spousal support,” or a “spousal allowance.” When spouses with large differences in income separate, a lower earning spouse may be unable to continue paying for normal living expenses, in which case a court may require the higher earner—whether that’s the husband or the wife—to assist the lower earner financially for at least some period of time.

Calculating Alimony in Utah

Types of Alimony Available in Utah

Utah law allows a judge to award temporary alimony during divorce proceedings—sometimes referred to as alimony “pendente lite”—as well as temporary or permanent alimony after the divorce is final. Usually, the paying spouse gives the recipient spouse a specified amount periodically—monthly or biweekly, for example—for a set length of time. In a few cases, the alimony order calls for payment of a lump sum.

Permanent alimony was once common but is becoming increasingly rare–and even when “permanent” alimony is ordered, it’s usually not truly permanent, but just long-term. Permanent alimony is generally reserved for older spouses who have served as homemakers during long marriages. A couple can also agree between themselves to provide one spouse with long-term or permanent alimony.

Particularly in shorter marriages, courts tend to look at alimony as rehabilitative—paid for a temporary period of time to allow a spouse to find a job or obtain training and education to improve employment prospects.

In some cases a court may award limited alimony as reimbursement to a spouse who worked to support the couple while the other spouse attended graduate school or advanced vocational training.

Eligibility for Alimony

To award alimony a court must find that one spouse has financial need and the other has the ability to pay. A court will determine whether there is both need and ability to pay by looking at all of the relevant circumstances in a particular case. One of the biggest factors an Utah court will consider is the length of a marriage. In a short marriage, the mutual investment in the couple’s standard of living is generally substantially less, calling for either brief alimony or none at all.

In evaluating a spouse’s need, a court will first consider the extent to which separate assets, or any marital assets the spouse receives in an equitable property division, may provide a sufficient means of support without an alimony award. (This means that alimony is always determined after the property division is complete.)

In determining the ability of a higher earning spouse to pay alimony, the court will generally not consider as part of the paying spouse’s assets any property the spouse owned before marriage, or acquired by gift or inheritance, unless the property was used by the couple as a source of income during marriage. A court may consider vested retirement benefits accumulated during the marriage as an available source of alimony if the couple has been married for at least 10 years.

Other factors a court might take into account in deciding whether to award alimony include:

  • each spouse’s age and health
  • the standard of living during the marriage
  • the lower earner’s contribution to the increased earning power of the higher earner
  • a spouse’s past services as a parent or homemaker
  • both spouse’s future opportunities to gain income and assets
  • the needs of any dependent children of the couple, and
  • any conduct by either spouse that contributed to the breakup of the marriage.

There is no specific formula governing the calculation of alimony in Utah, and a court has great discretion in deciding what amount to award, or whether to award any amount at all.

Termination or Modification of Alimony

Unless the couple has a written agreement stating that they won’t seek any changes in alimony, a court can modify periodic payments on a showing of material change in circumstances. Proof that a spouse has remarried or is cohabiting in a marriage-like relationship with a person of the opposite sex will generally result in termination of an award.

Tax Effects of Alimony

Periodic alimony payments are usually taxable to the recipient and tax-deductible by the payer. Couples can sometimes take advantage of this situation by structuring alimony payments to create the best possible tax scenario for both spouses. The IRS generally treats lump-sum payments as property distributions even if the court or the couple refers to the payment as alimony. Under these circumstances there would be no tax effects for either spouse.

Free Consultation with Divorce Lawyer in Utah

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

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Posted by at No comments:
Labels:

Thursday, 31 May 2018

How Do I File For Divorce in Utah?

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.

How Do I File For Divorce in Utah

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 Forms

To start a divorce in Utah, you have to fill out two forms:

  1. Summons Family Actions, and
  2. Divorce Complaint/Cross Complaint.

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 Forms

Once 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 Forms

In 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 Management

You 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 Disclosures

You 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 Course

If 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 Divorce

On your final divorce hearing date, you’ll have to bring the following completed forms:

  • Financial Declarations of Both Parties
  • Request to Submit for Decision
  • Stipulation and Settlement Agreement
  • Child Support Guideline Worksheet, and
  • Affidavit of Jurisdiction and Grounds for Divorce.

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 Utah

If you have a question about divorce, child support, custody, etc., please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Posted by at No comments:
Labels:

Wednesday, 30 May 2018

Utah Uncontested Divorce Process

Utah Uncontested Divorce Process

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 paperwork

You 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 spouse

Next, 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 Utah

There 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 Utah

In 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 Divorce

The 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 Utah

In Utah, you can file for an uncontested divorce when you and your spouse agree about the following:

  • to divorce
  • the grounds of divorce
  • how to divide marital property and debt
  • who gets custody of the children and parenting time for the other parent
  • how much child support will be paid, and
  • whether spousal support will be paid and by whom.

To able to file for divorce in Utah, you also have to satisfy the “residency requirements” of the law. This means that either:

  • you or your spouse has been living in Utah for at least two continuous years immediately before filing for divorce, or
  • you or your spouse has been living in Utah for at least one continuous year immediately before filing for divorce and
    • you got married in Utah, or
    • you lived in Utah as a married couple, or
    • the grounds for your divorce happened in Utah.

 

Free Consultation with Divorce Lawyer in Utah

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

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Posted by at No comments:
Labels:

Tuesday, 29 May 2018

How a Trial Works

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.

How a Trial Works

Preparation for Trial

When 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 Trial

The 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 Settlement

Settlements 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 Plans

Some 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 Utah

If 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.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Posted by at No comments:
Labels:

Monday, 28 May 2018

Asset Protection for Real Estate

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.

Asset Protection for Real Estate

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.

  1. Stiff the IRS for $36 Million bucks,
  2. And then Die.

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 #1

The 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 #2

While 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:

  • Discourage or deter the attacker from further action, and/or
  • Remove the Assets from the reach of the attacker, and/or
  • Dramatically strengthen the negotiating position of my client, and/or
  • Reducing the massive stress which the uncertainty of a lawsuit brings, allowing my clients to function during the 2-5 years an average case goes on.

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 #3

The 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 Lawyer

If 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.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Posted by at No comments:
Labels:

Sunday, 27 May 2018

Where to File for Divorce

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.

Where to File for Divorce

Court Jurisdiction for Divorce Cases

State 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 Requirements

Most 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 Lawyer

Even 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 Lawyer

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

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Posted by at No comments:
Labels:
Subscribe to: Posts (Atom)