What Does It Take To Be Legally Separated?

It takes a court order to be legally spearated.

Legal Separation is a major change in the status of your marriage. To get a legal separation you must file a petition in the District Court of the county where you have been residing for the last 3 months in Utah. It is a distinct legal product rather than being a first step to getting a divorce. In fact, legal separation takes as long as a divorce (average time, 8-10 months), and costs just as much. In many ways, a legal separation is the same as a divorce. Both include final custody, visitation, child support, and if appropriate, alimony orders. All the family assets and debts are permanently divided. (In both types of cases, it is possible to get temporary orders about support and custody early in the case, if you need them.) The major difference is that if you have a legal separation, you are still married. The wife may not resume her former name. Since it costs just as much, takes as long, and requires the same major decisions, why would anyone want a legal separation? Some couples choose legal separation because of religious beliefs or moral values against divorce.

In a few cases, health insurance coverage is the reason for a legal separation. Even after divorce, employer supplied health insurance may continue for a spouse. However, the coverage may be for a limited period (two or three years) and may require payment of a substantial monthly premium. In some, but not all, employer’s health insurance plans, the situation is better if you get a legal separation. In these plans, coverage and costs change if you divorce, but not if you get a legal separation. If health insurance is an important issue in your family, get information from the employer’s benefit or human resources department. If you are considering divorce or legal separation, or think that your spouse is, it is important to see a lawyer and get legal advice. Legal advice includes how New Hampshire law applies to your family situation and your legal options. The lawyer can help you decide whether a legal separation or a divorce would be the better choice for you. Some lawyers offer a free or reduced fee initial consultation. If the lawyer whose advice you want charges, it will be a good investment for you to pay for 30 minutes or an hour of time before you take steps that cannot be undone. Separation, legal separation, and divorce have long-lasting legal results. See a lawyer before you act. Anything you agree to in a legal separation agreement can set precedence. In other words, if you agree to your wife living in the marital home when you file for a legal separation and you continue to make the mortgage payments a judge may order you to continue doing so after a divorce. Do not agree to anything in a legal separation agreement that you would not agree to if you were negotiating a divorce settlement.

How to File for a Legal Separation

• First, you must meet your state’s residency requirements. Residency requirements are the same for legal separation and divorce. To find out your state’s residency requirements check your state’s divorce laws.
• If residency requirements are met you will then file a legal separation petition with the court if legal separation is recognized in your state. You may do this by contacting an attorney, using online resources or contacting your court clerk and filing prose.

• Along with your petition for a legal separation, you will file your legal separation agreement. Make sure the agreement covers all issues such as child custody, child support, visitation, spousal support, what is to happen to marital assets, who lives where, who pays what debts, any rules and guidelines pertaining to dating and having other people around any minor children and a time period for which the separation will end.
• If you and your spouse are not filing for the separation jointly you will need to have your spouse served once you have filed your petition for legal separation. As with a divorce, your spouse will have a certain period of time in which to respond to your petition for a legal separation.
• If your spouse does not agree to the provision set forth in the petition he/she has a right to file a counter-petition. If this is done and you can’t come to an agreement via mediation you will have to go before a judge to settle the issues you were unable to agree upon. In some cases, a legal separation can be as complicated as obtaining a divorce.
• If your spouse agrees to the provisions in the petition all you will need is for both spouses to sign and notarize the agreement so the court clerk can enter it into the court records for approval by a judge. It’s important you understand that once the agreement is filed with the court that it is a legally binding contract that you are both expected to follow.
• Once a judge has reviewed and signed your legal separation agreement it will be filed and on record with the court clerk. Once it is on record with the court you will want to be sure to keep a copy for your own records. And to follow the guidelines set out in the separation agreement.

You only have to want to live “separate and apart” from your partner to legally separate from them. This means that you have decided that you want to end your marriage or common-law relationship, and started to behave in a way that shows you want to end the relationship. You don’t have to go through a formal process or get a document to legally separate. After you separate, most people need to make important decisions on their family law issues. If you and your partner agree on your issues, you should put what you’ve agreed on in a written separation agreement. You do not need to file court papers to separate. The law does not require you to live with your spouse. However, separating from your spouse may affect your legal rights. The best way is to talk to a lawyer before separating. If you do separate, you will need to work out arrangements for the care of the children, support, and payment of bills. A mediator or lawyer can help you and your spouse reach an agreement. A lawyer can advise you on your legal options, if an informal agreement is not possible. If you are not ready to file for a legal separation or divorce, but need the court’s help in getting child support or alimony (support for spouse) there is a special type of court papers that can be filed. You may also seek court orders about custody and visitation without filing for a legal separation or divorce.

Couples decide to legally separate instead of divorce for many reasons. Some of the most common reasons are:

• They are unsure if they want to get divorced
• They cannot afford to get divorced
• Financial benefit, such as continued health insurance
It is important to note that legal separation is not just moving out of the home you share with your spouse. If you want to legally separate, you need a separation agreement. In general, a separation agreement covers:
• Basic information such as the date you were married, the date you separated (or will separate)
• Who the children will live with (if you have children)
• Who will pay which bills
• How property, like your home and cars, will be divided up and cared for.

It is important to think carefully about the terms of your separation agreement. If you decide later to get divorced, the terms of your separation agreement can become the terms of your divorce.
What do I do after the separation agreement is written?
• Get it signed and notarized. You and your spouse can sign it at different times and in front of different notaries.
• File your signed and notarized separation agreement with the County Clerk.
• Once your separation agreement has been filed, the process is complete.
There are pros and cons to legal separation, and it may not be right for every couple. Here are some of the most important things to consider:
The pros
• Legal separation provides space and time to figure out if divorce is really what you want.
• It can be a good time for marriage counseling.
• You can still get your spouse’s health insurance.
• Years spent legally separated count as years married, so you will be able to receive your spouse’s social security retirement benefits. (You must have been married for at least 10 years to receive your spouse’s social security benefits.)
• Legal separation may not violate your religious beliefs.
• A separation agreement can be helpful if you get divorced because the court may allow you to use your agreement as a basis for divorce.
The cons
• Legal separation does not end your marriage. You would still have financial, legal and logistical ties to your spouse.
• A separation agreement is meaningless unless both spouses sign it.
• Spouses who do not get along or do not communicate well may have a hard time creating a separation agreement.
• You cannot marry someone else when you are legally separated.
• If abuse has occurred in your marriage, legal separation is not a good option.
• You must wait a year to use a separation agreement as a basis for divorce.

If you want the terms of your divorce to be the same as the terms in your separation agreement, file for a conversion divorce. A conversion divorce is a divorce based on an existing separation agreement.

In a divorce that is converted from a legal separation, you ask the judge to include all the terms of the separation agreement in your divorce. The judge will review all of the terms of your agreement and decide whether to include all the terms of the agreement in your divorce. Also remember: You and your spouse must have lived apart for at least one year, and followed the terms of your separation agreement, before filing a conversion divorce. If you have not already filed your separation agreement with the county clerk, you must file the separation agreement at the same time you file your divorce papers.

There are many reasons why you may choose to get legally separated rather than divorced, for example:

• One or both of you may hope to reconcile in the near future;
• One of your may rely on the other for health insurance;
• One spouse might like to stay married in order to qualify for Social Security or military benefits on the other’s account; or
• For religious reasons.
Regardless of why you want a legal separation, most states will require you to do more than simply live apart. To be legally separated in most states, you must go through a process very similar to a divorce and which involves the same issues, namely:
• Child custody and visitation
• Alimony and child support
• The division of marital property and debts
What is the benefit of getting a legal separation?
Maybe you have hoped you’ll get back together and you don’t want to end things just yet. Maybe you need to stay on your spouse’s insurance, and if you get divorced, the insurance company will kick you off the policy. In those types of situations, it may make sense to stay married but live apart separately, which is what a Utah legal separation allows you to do.

Who files for legal separation?

Usually, those who file for legal separation are:
• people whose culture doesn’t allow divorce,
• people whose religion doesn’t allow divorce,
• people who want to stay on their spouse’s insurance.
When people compare Utah legal separation with Utah divorce, and they realize the restriction on legal separation, they almost always choose to file for divorce.

Legal Separation Lawyer Free Consultation

When you need to get divorced or if you want a legal separation in Utah, please call Ascent Law LLC (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

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How Much Should I Pay For Estate Planning?

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How Much Should I Pay For Estate Planning?

It really depends on your estate. Call Ascent Law LLC for your Free Consultation.

Estate planning is the process of looking at all you have and deciding what you want to do with it during your working and retirement years, as well as how you want it distributed after you die in order to minimize taxes and other fees paid by your survivors.

Typical costs

• Having a lawyer evaluate your financial and family circumstances and prepare appropriate legal documents starts around $800-$1,800 and can run $2,000-$3,500 or more, depending on complexity, location and other circumstances.

What should be included:
• The four basic estate planning tools are a will, durable power of attorney, a living will and a medical durable power of attorney (health care proxy), according to the Financial Planning Association. Other tools that might be used in planning your estate include trusts, how assets are owned, insurance and gifting. Your attorney will review your current situation and your long-term goals and needs, to help you create a plan using these tools. The goal is to maximize your financial security during your working and retirement years while setting things up so that when you die your money, property and other items will be distributed according to your wishes, and with a minimum amount of taxes and probate costs.

• The planning process should include time for you to consider and reflect on any decisions you need to make. The Utah Law warns against promoters of financial and estate planning services who pressure you into buying specific financial products or one-size-fits-all living trust kits.
• Although people prefer not to think so far ahead as their death, estate planning is a good idea for almost everyone.

Additional costs

• If you own a small business or extensive property, you might want to consult with your accountant or other financial professionals as part of the estate planning process. There could be additional charges for these services.

• Attorneys working on an hourly basis charge for any time spent answering your questions on the phone or by e-mail, as well as case related expenses such as interviews, research or photocopies. Charges are usually done in quarters or tenths of an hour; a six-minute phone conversation may be billed as 15 minutes.

• Cost: Most average Estate Plans costs approximately in the range of $1,500 – $3,000. However, they can range anywhere from a few hundred dollars to even tens of thousands depending on the quality or number of assets. For example, a person with millions of dollars to distribute may be willing to pay for hundreds of hours of legal help to make sure that money transfers properly, which is important to remember when discussing estate planning cost.

Most people have an estate because most people own something. Planning for someone’s estate consists of the ideas, goals, and plans for what he/she owns now or after they die. An estate doesn’t stay with someone when they die it has to go somewhere. If someone has a plan for their estate, those assets will benefit those whom they choose in a timely manner. While someone is living, they might need a power of attorney or medical power of attorney. The power of attorney is chosen by the estate planner and acts on the estate planner’s behalf if that person ever becomes incapacitated. A will is the estate planner’s last wishes for them and their assets. The estate planning cost can vary. If someone dies without an estate plan let alone an estimated estate planning cost, there are a few things that can happen:

Probate is a process where a state court will determine the distribution of assets; this typically happens if a deceased person does not have a will. This is a time consuming and costly process; it can take months, even years for the assets to be transferred to specific persons and typically costs your loved ones between $5,000 and $10,000 dollars to complete, which can be considered part of the estate planning cost. Joint Tenancy is the possession of assets held by more than one person. For example, if a couple have joint tenancy and a spouse dies, all of the deceased spouse’s assets would be transferred to the living spouse.

Intestate consists of rules designated to the assets that do not immediately transfer to the spouse in a joint tenancy. If someone dies without an estate plan and the living spouse still has jurisdiction over the children, then all of the assets will be transferred to the living spouse. If someone dies without an estate plan and he/she has children not legally guarded by the other spouse, the living spouse receives a fund from the deceased estate, topped off at $75,000, plus ½ of the spouse’s property; the remaining property goes to the children. If the person who dies is not married, their estate is transferred to his/her children. If the average estate planning cost $1,500, and the average probate fees cost around $8,500, then one reason for having an estate plan is obvious to save money. If someone has an estate plan, they can typically avoid probate altogether, saving thousands because they have a plan for their estate. It seems obvious: get an estate plan that includes a will and save thousands by avoiding probate, however, 63% of Americans die without a will (U.S. Legal Wills, 2017). The biggest problems are frustration, confusion, and irritation of probate. These are put upon the family and friends of the deceased person.

• Saving money: The difference between the averages of probate and an estate plan is obvious. However, it may not be that simple, because some people own many assets and it can be intimidating to go through the process of planning and accounting for everything someone owns. Knowing one’s assets will end up with the right people is one of the most important reasons for getting an estate plan.

• Estate Planning Components: The important components of an estate plan are the will and power of attorney.

• Will: Someone’s last wishes for what is going to happen to them and their assets after they die. This is a very important component for the planning of one’s estate because assets do not stay with them they die. The direct and clear plan for what is going to happen to them and their assets are included in their will.

• Trust: A pool of assets that are available to chosen beneficiaries while the creator of the trust is still living, or after they die. A trust is similar to a will in the fact that assets become available to beneficiaries at a specific time, the difference is when.

• Power of Attorney: A power of attorney is someone is who is chosen to act on behalf of the estate planner if they ever become incapacitated. This is especially important because anything can happen at any time; being prepared will prevent much frustration, confusion, and irritation.

• Health Care Directive: A durable power of attorney is selected to make medical decisions for you if you are unable or incapacitated. If someone becomes seriously ill or is in a vegetative state, a living will has instructions to stay on or withdraw from life support.

• Beneficiary Designations: The whole of one’s assets included in the estate need to be transferred after the death of the estate planner. Beneficiary designations are the locations where the assets will be transferred. Many people choose their children, spouse, or parents as the beneficiaries.

By establishing a will, you can ensure that your loved ones are cared for after your death, that your assets are distributed to your chosen beneficiaries, and that your final wishes are carried out exactly as you intend. Unfortunately, the anticipatory cost of hiring an attorney to draft a will often intimidates testators from establishing a will at all. In fact, there are many cost-effective solutions for writing a will yourself that allow you to plan for your family after your passing without forcing you to spend thousands of dollars.

Don’t Do a Will By Yourself

The least expensive way to prepare a will is to write it yourself. Using free samples you find online or following others relatives’ wills as a guide can help you for your own without forcing you to spend any money. If you are unfamiliar with your state probate laws, however, writing your own will without assistance could end up being the most costly decision of all. If your will is ruled invalid during probate, for example, the court will divide your assets following governing succession laws and your intended beneficiaries could be left with nothing.

Don’t Use Pre-Made Forms

Pre-made forms for do-it-yourself wills are now widely available both online and off; in fact, some of these resources are available at no cost. While it isn’t quite the same as hiring a professional, a pre-made form can help you create a no-frills will that meets your state probate guidelines without exceeding your budget. Sample forms can cost as little as $10 to $20 for a basic will, while complete fill-in-the-blank templates average around $100 to $500, depending on the complexity of your personal circumstances.

Estate plans aren’t cheap. But exactly how much you’ll spend depends on a multitude of factors, the complexity of your overall needs, the experience of the attorney involved, and your geographic location, since costs can vary greatly across various regions. Fortunately, however, there are steps that consumers can take to better understand, and consequently reduce, potential estate planning costs.

• Understand What You Need: Before you begin the estate planning process, has a sense of what you need. It can be helpful to talk to your financial advisor or to do some reading on estate planning so you understand the basics before you move forward. At minimum, you’ll want an advance directive for health care, a durable power of attorney, and a will. Many people also want or need trusts. For most of these documents, you’ll need an attorney to make sure they are properly prepared and implemented.

• Talk Money Up Front: Even before an initial meeting, contact any potential estate planning attorney to determine how he or she charges. Attorneys may charge by the hour or offer a flat-fee service. If the attorney charges by the hour, ask what the applicable hourly rate is, and get a sense of how long it will take; a lawyer should be able to give a general range for estate plans that cover what you and your family need. Ask attorneys whether they offer a free consultation. Some will, others won’t. And some attorneys may charge for a consultation, but then apply that amount to the ultimate fee if you decide to go forward.

• Understand Flat Fees: Flat fees can be advantageous because they provide certainty and let you understand how much the estate planning process will cost you. Make sure you understand what is included in the fee, however, and what is not. For example, a flat fee may only apply if the estate plan is completed within a certain period of time (say, six months); typically it includes only a certain number of meetings or a certain number of changes to critical documents once they are prepared. Flat fees also usually depend upon the type and number of documents that make up your estate plan. As you can imagine, the greater the number of documents you need, the more complex the estate plan becomes and the higher flat fee you’ll pay.

• Choose the Right Attorney: The qualities that matter most here are experience and rapport. Generally speaking, you want an attorney who has experience dealing with situations similar to your own, so don’t be afraid to ask specific questions in this regard.

As for rapport: Because estate planning involves discussions of family relationships, finances, and mortality, it’s important to choose someone with whom you feel comfortable disclosing these details. If you don’t communicate all pertinent information to your attorney, you could wind up with a flawed estate plan, leaving beneficiaries either too much or too little access to assets. Remember that you don’t always want the cheapest option. A skilled estate planning attorney may charge a higher price, but end up saving you money in the long run. If you become ill at some point and need help managing your finances, a good estate plan can ensure this happens in a cost-efficient manner, obviating the need for a court-appointed guardianship or conservatorship. (These can cost thousands of dollars to implement and maintain, easily outweighing the cost of an estate plan.) A proper estate plan may also end up saving thousands of dollars for your family in probate costs.

• Come Prepared and Decisive: Before your first meeting, ask your attorney what documents and information you need to bring to your meeting. The less time your attorney needs to spend gathering information, the less money you’ll ultimately end up spending. Changing your mind once the documents are drafted can increase fees, so be prepared from the outset to answer pointed questions. Who will make your health care decision if you’re incapacitated? Who should be the guardian of your children? Who should manage the assets for your children? How do you want to leave assets to your children? As a general rule, the more time that passes from the beginning to the end of the estate planning process, the higher the fees tend to be. So the more quickly you can make decisions and have your documents finalized, the less time the attorney will need to spend refreshing his or her recollection of your specific situation because too much time has passed between meetings. The cost of estate planning may seem intimidating, but don’t let it deter you. Remember that estate plans are critical to your assets and your family. Practicing these recommendations will not only make your estate plan more attainable, but can secure the future of your family and property.

Estate Planning Attorney Free Consultation

When you need legal help with estate planning in Utah, please call Ascent Law LLC 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

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What Does Temporary Separation Mean?

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What Does Temporary Separation Mean?

A separation isn’t the same as a divorce. Separation means that you are living apart from your spouse, but you’re still legally married until you get a judgment of divorce from a court (even if you already have a judgment of separation). However, generally a separation does affect the financial responsibilities between you and your spouse before the divorce is final. There are three different types of separation. In most states, only one (legal separation) changes your legal status but all three of them have the potential to affect your legal rights.

Temporary Separation In Utah

If you and your spouse need a break from the relationship, you may choose to live apart while you decide between divorce or reconciliation. While you’re separated, the same legal rules apply as when you are married, in terms of ownership of property. For example, money you earn and property you buy are likely to still be considered jointly owned by you and your spouse, depending on your state’s rules about property ownership. If you and your spouse are hoping to reconcile, it’s a good idea to write an informal agreement about some issues that will surely come up. For example, you will need to decide whether or not you will continue to share a joint bank account or credit cards and how you’ll budget your spending, which of you will stay in the family home, how expenses will be shared, and the like. If you have kids, you’ll need to decide how and when each of you will spend time with them. If you both decide there’s no going back, your temporary separation turns into a permanent one.

Permanent Separation

When you live apart from your spouse without intending to reconcile but you are not divorced, you are considered permanently separated. In some states, living apart can change property rights between spouses. if you don’t intend to get back together, then assets and debts acquired during the separation belong only to the spouse who acquires them. Once you are permanently separated, you are no longer responsible for any debts that your spouse incurs. Similarly, you’re no longer entitled to any share of property or income that your spouse acquires or earns. Because it can significantly affect how your property and money are divided, the date of permanent separation is sometimes hotly contested in a divorce. For example, if your spouse left in a huff and spent a month sleeping on a friend’s couch, but you didn’t discuss divorce until the month had passed and neither of you intended to divorce before then, the date of separation is somewhat questionable. If during that month your spouse received a big bonus at work, who it belongs to is also arguable. If you move out of the house and don’t expect any long-term reconciliation with your spouse, there may be consequences to going out or spending the night together just for old times’ sake. If you do briefly reconcile, you risk changing the date of separation and becoming responsible for your spouse’s financial actions during a period when you thought you were responsible only for yourself. Once you’re separated and have made basic agreements about your joint assets and debts, you don’t have to divorce right away. Some people stay married because of insurance and inertia can be a factor, too.

Legal Separation

In some not all states, you can get a legal separation by filing a request in family court. Being legally separated is a different legal status from being divorced or married, you’re no longer married, but you’re not divorced either, and you can’t remarry. But the court’s order granting the legal separation includes orders about property division, alimony, and child custody and support, just as a divorce would. People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate lives. Some people live very happily in a state of legal separation for many years. (If you’re considering a legal separation instead of divorce so that you can keep insurance benefits, check the insurance plan before making the decision. Some consider a legal separation the same as a divorce for purposes of terminating health benefits.)
A temporary separation is an informal agreement in which a married couple spends time away from each other. The arrangement is for a specific period of time, and is not a legal separation. This means the couple remains legally married even though they are physically separated. A couple may choose to undergo a trial separation before initiating divorce proceedings, or the process can lead to a reconciliation. In either case, a separation allows spouses time away from each other to consider their relationship, values, and long-term goals.

How to Begin A Temporary Separation

The temporary separation begins as soon as one spouse leaves or moves out of the marital residence. The spouse may choose to move in with a family member or friend, or they may sign a new apartment lease. Before you choose this informal arrangement, it is best to work out various aspects such as living arrangements (rent or mortgage), visitation, and expenses. The couple may decide to begin the trial separation process when attending marriage counseling sessions. Depending on how things progress, they can choose to reconcile and live together or initiate divorce proceedings. The temporary separation doesn’t require a court order. It can last as long as the couple wants (a few weeks, months, or even years). A separation agreement is not required to live temporarily apart as a couple. An oral agreement on childcare, rent, and finances is enough. Keep in mind, however, that it will be difficult to enforce an oral agreement in court.

Characteristics of Temporary Separations

Temporary separations are versatile and much less formal than a court process like divorce. A couple can decide the general terms of their agreement and take advantage of its flexibility to make things easier for everyone involved.

The characteristics of a temporary separation include:

• Temporary Arrangement: The temporary separation arrangement is often temporary. The couple chooses to be separated for a while to work out their various disagreements or “cool off.” They may decide to reconcile in the future. The temporary separation may also turn into a divorce or legal separation.

• Stay Legally Married: The couple stays legally married and can file legal documents as a couple. Any property accumulated by either of the partners during the arrangement is considered shared or marital property.
Since temporary separation is an informal process, it doesn’t require the filing of any legal papers. This allows a couple to explore their options without the legal ramifications of court agreements. For example, support payment and child custody are issues that the couple should work on during the temporary separation process. Likewise, property division is usually not part of temporary separation. One of the prerequisites in states that allow no-fault divorce is that the couple should be physically separated from each other for a specific period of time (minimum number of months). Because a temporary separation is not a legal separation, that time spent away from each other counts toward the separation requirement for no-fault filing. This depends on the rules of each jurisdiction.

Key Rules for a Successful Temporary Separation

While it is tempting to prolong your temporary separation indefinitely to avoid the complexities of a potential divorce or couples therapy, you should set some ground rules before beginning. This will allow you to make the most out of your trial separation and work toward a solution, rather than simply lengthening your time spent apart.

Set an End Date

Temporary separations cannot go on endlessly. It is important to set an end date. The separation arrangement can be for a couple weeks or months. Most couples opt for six months. If you are apart for a longer period, the chances of getting back together diminish.

Living Arrangements

If you decide to separate, someone has to move out. Which partner will that be? While you do not have to be too specific about where you each will live, be sure to outline which spouse will be moving out when the separation begins. That way, you will avoid confusion and get the process going much faster.

Paying the Bills and Spending

You will have to pay bills even when you are living apart. Set rules about who will pay what bills. Apart from paying bills, you will also need to determine how you will spend the joint marital money. Set limits on how much each other can spend. If you are not clear about your finances, it could create big problems in the future.

Dating During Temporary Separation

Dating others during temporary separation will be hard on your marriage. You and your spouse need to discuss rules about dating others. If you are not on the same page about this, it can destroy any chances of reconciliation.

Spending Time with Kids

After you decide to separate, you should set a schedule for spending time with your children. Talk about whether you want to see your kids daily or weekly. Discuss how you will handle vacations and holidays that come up when you are separated. Following a schedule that you both agree on will give your kids a sense of safety and security. Also decide how you want to parent the kids in the absence of your spouse.

Get help from a professional marriage counselor if you are serious about reconciling with your partner. It is also advisable to talk with a divorce lawyer during a temporary separation. This will enable you to be prepared if you want to initiate divorce proceedings.

How Will a Temporary Separation Affect Your Divorce?

A temporary separation will enable you to evaluate how an eventual divorce will affect your family and finances. However, keep in mind that things can change once you actually decide to initiate a divorce, because an informal trial separation is not legally binding. For example, if one of the spouses keeps the kids during the temporary separation, it doesn’t mean that the kids will be given legal and physical custody to that spouse. By the same token, the temporary arrangements made during a short temporary separation will not have an effect on property division, custody, and support. If the separation is for a longer period, the judge will consider it during divorce and custody proceedings.

Temporary Separation Checklist

If you are wondering how to proceed with a temporary separation, consider the following:

• Before you choose to opt for temporary separation, you can share your plans with family or close friends. This is important for emotional support and safety. If you decide on leaving the house, you should determine where you will be staying.
• Write down your expectations from the separation decision. Writing down your expectations will enable you to decide whether you want to reconcile or initiate divorce proceedings.
• Managing finances is a big factor to consider during a separation. If you are not working, you may have to think about getting a job.
• Decide how the property will be separated. The division of property includes furniture, cooking utensils, and other items. Make a list of items and evaluate what you need.
• If you jointly own services with your partner, like an Internet package, you should decide whether you want to disconnect the services.
• Make a list of financial and marriage documents. Keep a copy of these documents. You will need them if you opt for divorce or legal separation.
Plan the Basics
• If you have decided to opt for temporary separation, you should inform your spouse about the decision. Talk openly about why you want to take some time off and separate. Avoid accusations and a harsh tone. It will only make matters worse.
• List the different aspects of your marriage that make you happy and unhappy. Think carefully and evaluate each one of these factors. This will enable you to make the important decision of whether you want to divorce or reconcile with your spouse.
• Discuss your expectations of the temporary separation with your spouse. You can also ask your spouse about their expectations.
• Separate your finances. This will help avoid disputes during the temporary separation.
Informing Your Spouse
• Choose a calm time and inform your partner about your decision to opt for temporary separation. Discuss why you want to go that route.
• You can both agree to go to marriage counseling. This will help you understand new things about your relationship.
• Remember that one of you will have to leave the house if you opt for temporary separation. Living in the same house might damage the relationship further.

Benefits of Temporary Separation

A temporary separation enables couples to realize what they will be losing if they don’t work on their marriage. A separation also allows the couple to assess the situation in a calm and mature way. This enables each spouse to make important decisions without the cloud of conflict hanging over their head. The separation can further enable partners to let go of biases and trivialities they have for each other, allowing them to focus on what is important in their relationship. Even if it ends in divorce, a temporary l separation is beneficial. It gives the couple ample time to decide on child custody, property division, and support.

Rules for a Successful Temporary Separation

• Have an end date
• Figure out your living arrangements
• Decide how you will pay the bills while you’re apart
• Set your spending rules during the trial separation
• Talk about dating during the trial separation
• What about sex? ( with each other and others)
• Set a schedule for when will each of you see the kids
• Decide how you are going to parent your kids
• Set rules for how and how often you will communicate with each other
• Get professional help while you’re separated
• Decide what you will tell your friends and family
• Decide in advance what will happen if someone breaks the rules

A temporary separation is an effective way to work through relationship problems, experience single life, and help you and your partner decide if divorce is in your future. Although a temporary separation is an informal, personal process, you should consult an experienced divorce lawyer before agreeing to its terms. The lawyer will provide advice and support if the separation arrangement is the first course of action before a divorce. Your attorney can also inform you how the temporary arrangement will affect you, your family, and your property. They will represent you in court if you decide to proceed with the divorce filing, or can simply provide legal counsel as you undergo the separation process. Contact an attorney today so you can get all the assistance you need for your temporary separation.

Temporary Separation Attorney Free Consultation

When you need legal help with a temporary separation in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you with separation and family law.

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

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Can You Drive After A DUI Before Court Date?

No. You can’t drive after you’ve been charged with a DUI. Call Ascent Law LLC to discuss your situation right away.

There are many serious consequences to getting a DUI and one of the hardest things to deal with is losing your driving privileges. For most of us, driving is necessary, especially in Utah. Where public transportation is limited and when you have to commute to your work, being able to drive is essential. Your driver’s license will be suspended after a DUI but it may be for less time than you think. Your license will be suspended for as little as 1 year and up to several years, depending on the facts of your case and any prior DUI offenses you may have. If you are arrested for a DUI, the officer who arrested you will immediately confiscate your driver’s license. When your license is suspended, you should be issued a temporary license, good for 30 days from the issuance date. Along with this temporary license, you will receive an Order of Suspension, which serves as formal notice your license is suspended. After you are released from jail, get your car out of the towing lot and have this temporary license, you may drive again. Your license, along with a copy of the Order of Suspension you were issued, will be sent to the DMV along with the police report and any BAC tests you took. If for some reason you weren’t issued these at the time of arrest, you will be mailed both by the DMV. Unless you have that temporary license, however, all your driving privileges are suspended.

During these 30 days, you have the time to arrange for alternative transportation as well as contest the suspension if you choose. To contest the suspension, you must request an administrative hearing through the DMV within ten days of the issuance of the Order of Suspension. You can request the DMV to mail you a copy of the police report for your review. Regardless if you are contesting it or not, be very careful about driving during this period. If caught drinking and driving again, you will not be given another temporary license; your temporary license will be confiscated and you will be left with no driving privileges. You can request your license back from the DMV after the suspension period. You will also have to pay a $125 reissuance fee. Your suspension period begins after your temporary license expires. How long your license will be suspended is determined based off a few factors. If you are over 21, did not refuse the BAC test and if this is your first DUI, your suspension period will be at least four months. You are eligible to apply for a restricted license after 30 days of this period, which will allow driving to and from work and to and from your DUI education program. This is an application process and requires you pay a fee, file proof of financial responsibility and proof of enrollment in a DUI first offender program. If you are a repeat offender, and your last DUI was within the last ten years, your suspension period will be one year. If you are under 21, took a BAC test and were over the state limit of 0.01% for underage drivers, your suspension period will be one year. Keep in mind you may have other driving restrictions/requirements handed down from the court system, which operates independently from the DMV. If you have been ordered to install an Ignition Interlock Device, you may have to do so and file proof of the installation with the court before you can drive again. In Utah, you will automatically be ordered to install one in every car you own or drive. If you’ve been charged with a DUI and want to get back on the road as soon as possible, contact an experienced DUI defense attorney who can help you take the right steps towards driving again. And, as always, your driving privileges do not include the right to drive under the influence or drive with disregard for others’ safety. When back on the road driving after a DUI, follow the terms or conditions of driving you may have been given from the courts or the DMV. Violating your probation terms or driving without a valid license can have serious consequences and will keep you from driving even longer.

Here are some general procedural guidelines to address license suspension concerns:
• Initial 10-day Permit. When arrested, the cop probably took your license, giving you a DUI citation, which acts as a 10-day temporary driving permit. Your car may also be impounded for 10 days.
• General Suspension. After 10 days, a license may be suspended for six (6) months to one (1) year. A first-time DUI conviction carries a mandatory suspension of at least 180 days. However, a DUI arrest does not necessarily mean conviction.
• Formal Review Hearing (FRH). However, you may gain more driving time by challenging the suspension and filing for a FRH-within 10 days of the DUI citation. It is important to file within the 10-day time limit. Until the FRH, you may be granted four (4) to five (5) weeks of business purpose only (BPO) driving.
• No hearing or lost the FRH. If an offender does not file for or loses a FRH, then the six (6) months to one (1) year suspension begins immediately. Only after 30 to 90 days of the suspension, may the offender apply for a restricted, BPO license, upon completion of “DUI School” or other required substance abuse evaluation.
• Win the FRH. If you win the FRH, you may have your license reinstated without limitation.
• The Breath Test: Failure to take the breath test may cause your driver’s license to be suspended for longer periods of time, if you are later convicted of DUI. But, if you took the breath test and blew under the legal limit of .08 BAC, then you will not lose your driver’s license immediately. For additional information, see more on the breath test.
• Business Purpose Only (BPO) Driver’s License: Generally, Utah permits application for a hardship BPO license for commuting to work or school only. You may be granted a four (4) to five (5) week BPO license, while filing for a FRH. A first-time offender may also file for a BPO permit after losing an FRH after 30 to 90 days of suspension. For additional BPO information, see more on hardship licenses.
• Aggravating Factors: There are a number of “aggravating factors” that may result in a longer license suspension. Factors that may lengthen a DUI license suspension may include: causing an accident with property damage, personal injury, or death; having a minor present; or blowing an excessively high breath test.
• “DUI School” & evaluations. To apply for a BPO hardship license, expect to be required to successfully complete “DUI School” and other substance abuse evaluations. You may also be required to comply with recommendations, treatment, or other counseling as a result of any such evaluations before obtaining a BPO license.

• Second-time Offense is serious, and the stakes are high. A license may be suspended for at least five (5) years, if the conviction is within five (5) years of the first conviction. Driving to work or school may be the least of your concerns for a second, or subsequent, conviction, since you’ll likely be looking at imprisonment of at least ten (10) days up to one (1) year for a second conviction.
Your temporary driving permit allows you to drive in the interim between the date of your arrest and the date of your court hearing. In some cases, usually in extreme or felony DUI cases, you may not be issued a temporary driving permit. More serious DUI cases may have a higher bail as well. If you cannot afford it or cannot secure a bail bond, you will have to remain in jail until your hearing Using prescription, or other drugs, or drinking, and driving, requires two components – the consumption, and the act of driving. But being caught usually means that you had an accident, or a run in with the law for some traffic or other violation, no headlights, weaving, speeding, etc. The big issue for most people is whether or not there is an issue that repeatedly has caused you problems or taken priority over other areas of your life, including your career, your family, or your education.
These are what to do when you are released after being arrested for a DUI, in the following order:
• Gather all your paperwork;
• Find and take steps to obtain your vehicle;
• Write down everything you can remember about the 6 hours before your DUI, and what happened when you were stopped, and all facts, details, and timing, about what testing you were given, including field sobriety tests, breath, blood, or urine tests.
• Catch up on sleep if needed.
• Take a deep breath. The real work is about to begin, and you will want to be calm and collected and strategic about this.
• Contact our firm, or an attorney of your choice, to have the DMV hearing scheduled. We will do this for you free of charge and will do so via fax, and follow up with phone call so that it can be proven that the request was made within 10 days.
• If you choose not to have an attorney help you, that’s fine, but make sure you contact the DMV within 10 days of your arrest. The DMV is very strict on this time limit, so do not delay. Request a copy of all police reports and documents to be used at the hearing, and request a stay on suspension (this stops any driver’s license suspension and extends your temporary license).
• Conduct attorney interviews and have them review the police report with you once sent from the DMV to you.
• Begin to gather character reference letters for use in your case, and other mitigation evidence charity work, a resume or school transcript, volunteer work, special certifications or skills, or proof of alcohol or rehab program work.
• Make sure your attorney, or you, attend your court dates, and your DMV hearing. Many people have found themselves in bigger trouble by missing an important date.
Alleged offenders must attend a court hearing, or have an attorney appear for them, about 4-5 weeks after their arrest and release. If your paperwork has a court date on it, you must show up, or an attorney must appear for you, on your behalf.
Additional Punishment.

Certain factors can allow the prosecutor to ask for additional penalties. Those include:
• Having an accident, with property damage or injury to another;
• Having a prior DUI;
• Being on probation for a DUI or any other offense;
• Having a child in the car with you (anyone under age 18 is a minor, under the law);
• Having a blood alcohol level at or above double the legal limit (0.16%);
• Allegations that you were speeding while DUI (at or above 30 mph above the speed limit while intoxicated);
• Refusing an evidentiary breath or blood test.
Tips to avoid a DWI or DUI
If you choose to drink, be sure to keep your BAC (blood alcohol concentration) low. Here are some tips for doing so.
• Keep in mind that typical drinks of beer, wine, and spirit have the same amount of pure alcohol. They are all the same to a breathalyzer.
• Remember that breathalyzers are not highly reliable. So keep your BAC far below the maximum legal limit. (This has additional advantages. It may prevent a crash, injury, or even save your life.)
• Use a personal alcohol breath tester. Just remember that it’s even less accurate than those used by the police. That’s another reason to stay well below the legal limit.
• Remember that your BAC will continue to rise after you stop drinking. Take that into consideration.
• Nibble on food or munchies during the time you’re drinking.
• If you’re at a gathering, delay having your first alcoholic drink.
• Pace your alcoholic drinks. No more than one every hour helps keep your BAC low.
• Have non-alcoholic drinks between alcoholic ones.
• Sip and savor your drinks. Don’t gulp them.
• Don’t play drinking games.
• Be wary of punches. And of drinks in unusual size or shape containers. It’s hard to know how much alcohol they contain. Thus, it’s hard to pace them.
• Even if your BAC is legal, you can still be charged with DWI/DUI! So avoid being pulled over. Keep your car in good working order. A bad tail light is an invitation to be stopped. Also obey all traffic laws. Signal when changing lanes; make no rolling stops, etc. And if pulled over, be polite.
• One foolproof ways to avoid a DWI or DUI is not to drink. Another is to use a Designated Driver.

DUI Attorney Free Consultation

If you need a criminal defense attorney to help you with a DUI charge in Utah, please call Ascent Law LLC (801) 676-5506. We want to help you with your DUI case.

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

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4.9 stars – based on 67 reviews

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Need To File A Probate

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Need To File A Probate

Probate is the court supervised process of authenticating a last will and testament if the deceased made one. It includes locating and determining the value of the decedent’s assets, paying his final bills and taxes, and, finally, distributing the remainder of the estate to his rightful beneficiaries. In general, a probate will be necessary whenever the deceased left property in his or her name which cannot be passed on to the next generation heirs without a court order. Probates progress through three stages:

 Opening the probate: The opening stage of a probate requires decisions on appointment of the Personal Representative and a determination that the will is valid. In many families, probates can be done by agreement of everyone involved. If this is the case, the probate can begin with the informal probate process. If the deceased left a will, an informal probate begins by filing an application for Probate where the deceased lived. If no will exists, an informal probate begins by filing an application for appointment of Personal Representative. In either case, the court will appoint the person agreed upon as the Personal Representative. If a dispute arises on anything, a formal hearing will be required.

 Administering the probate: The Administration stage of a probate requires the Personal Representative to gather information and records, make an inventory of the assets, give notice to creditors, pay debts, sell assets if necessary, and identify the heirs.

 Closing the probate: The Closing Stage of a probate requires the Personal Representative to distribute the balance of the assets of the estate, after paying costs of the probate and paying the debts, to the heirs. The Personal Representative must also prepare a final accounting showing all financial matters in the administration of the estate.
In each of these three stages of a probate, the participants may proceed informally or formally. These choices allow the parties to proceed by agreeing informal probate when they can agree, or to ask a judge to decide issues formal probate when they cannot agree.

The probate procedure begins when a person dies and an heir or a personal representative files a petition in the probate court located in the county where the decedent died. Courts should be able to provide you with the proper form or give you information on how to obtain the proper form.

Pre-requisites in filling the probate

• Attach additional pages to the forms as necessary. Typically, you must list an estimate of the decedent’s assets which may be lengthy, detail the decedent’s heirs and creditors, and provide basic information about the decedent (his name and where he lived).

• File the completed forms in the Probate Court located in the county where the decedent died. You must pay filing fees. The fees will vary depending on the type of probate procedure. Ask the clerk to provide you with receipts after filing. Once you file your forms with the probate court and pay your fees, the clerk should give you a receipt. The paperwork will be processed and the court will notify you as to any hearings and meetings.

Will Validation

When a person dies, lawyers often refer to that person as a decedent. Before you can begin executing the terms of the will, a judge has to validate the will through probate court. As the executor of the will, it is your responsibility to contact all heirs or beneficiaries of the estate to notify them of the probate hearing. You must also notify the decedent’s creditors of the hearing date. At the probate hearing, you must present the original will and certificate of death to the probate judge. The probate hearing also allows heirs and beneficiaries to contest the terms of the will should they choose to do so.

Financial Responsibilities

The executor must take care of the decedent’s financial affairs including paying outstanding bills via the decedent’s bank accounts and filing his final tax returns. You are also responsible for collecting any payments owed to the decedent at the time of his death. Examples of these types of payments include regular salaries and any type of investment income earned through securities investments, retirement accounts and property. You must deposit all funds you collect in the decedent’s personal or business bank accounts on behalf of the estate.

Disbursements

Once you collect all payments owed to the decedent and pay all of his outstanding debt obligations, you can begin the disbursement process of the estate. This begins by sending a written notification of the disbursement to all of the beneficiaries or heirs to the estate. You will then begin disbursing the assets of the estate to the heirs and beneficiaries of the will according to the decedent’s wishes.

Function of an executor

An executor oversees the management of the estate until the assets are disposed of and the estate is closed. If the will did not specify to whom particular items go to, he must make those decisions. The executor must maintain the assets, such as having repairs performed on a home the deceased person owned. An executor named in a will may file a petition for probate in court once the deceased person has died, and an attorney is typically not required under laws. The executor, or personal representative, of a will is responsible to administer the will on behalf of the decedent pursuant to the terms outlined in the will. Typically, a testator, or person drafting a will, designates an executor in the will. Under the law, the executor owes a fiduciary duty to the estate. A fiduciary duty basically means that the executor must at all times act and make decisions in the best interest of the estate.

Locating the Decedent’s Assets

The executor’s first task involves locating and taking possession of all the decedent’s assets so she can protect them during the probate process. This can involve a fair bit of sleuthing sometimes some people own assets that they’ve told no one about, even their spouses, and these assets might not be delineated in their wills. The executor must hunt for any such assets, typically through a review of insurance policies, tax returns, and other documentation.

Determining Date of Death Values

Date of death values for the decedent’s assets must be determined and this is generally accomplished through account statements and appraisals. The court will appoint appraisers in some states, but in others, the executor can choose someone. Many states require that the executor submit a written report to the court, listing everything the decedent owned along with each asset’s value, as well as a notation as to how that value was arrived at.

Preparing and Filing Tax Returns

The executor will file the decedent’s final personal income tax returns for the year in which he died. She’ll determine if the estate is liable for any estate taxes, and, if so, she’ll file these tax returns as well. Any taxes due are paid from estate funds. This can sometimes require liquidating assets to raise the money. Estate taxes are usually due within nine months of the decedent’s date of death.

Effects an executor

Offering a petition for probate means the named executor must be prepared to act according to law and as directed under the will. Once the will is probated, the document is held as valid in the eyes of the court. The executor receives Letters Testamentary, a document that allows her to access the assets of the decedent, such as bank accounts and retirement savings. Failing to adhere to all court requirements may result in a delay in the probate proceedings, or cost the estate extra money in filing and court fees.

Probating a will may not be an easy process. The heirs have the right to contest the provisions in the will and the validity of the document itself. The basis for a legal challenge to a will depends on the situation, but may include allegations of fraud, undue influence when one beneficiary pressured or manipulated the deceased person into will provision and an assertion that the deceased person was not mentally competent at the time the will was signed.

An executor must account for distribution of assets to the probate court. He must file an inventory and file receipts from the will beneficiaries proving he paid out the correct share of the estate to the correct person. An attorney can help the executor prepare inventory lists and receipts from heirs, but he still must sign the documents. If an executor is not fulfilling his legal obligations, the heirs or an attorney representing the heirs may petition the court to have the executor removed. In Utah, some property and assets can be transferred without having to go through the probate process. These include: payable-on-death accounts; community property with right of survivorship; property that was held as joint tenancy right of survivorship; certain life insurance benefits or proceeds; and certain annuity benefits. Also, if there are any legal conflicts, your attorney can represent you court to help resolve the dispute. The following paperwork should be considered. These are:

• Obtain a certified copy of the death certificate.
• Locate the original last will and testament.
• Select the appropriate probate procedure
• Prepare the appropriate documents to file with the
• Make a copy of the petition, will and death certificate.
• Notify beneficiaries, heirs or creditors of the estate.
• Do an inventory the assets of the estate and pay all debts, including assets, if a formal administration is required.

Each state has specific laws in place to determine what’s required there to probate an estate. These laws are included in the estate’s probate codes, as well as laws for intestate succession when a decedent dies without a will. The hearing gives everyone concerned an opportunity to object to the will being admitted for probate maybe because it’s not drafted properly or because someone is in possession of a more recent will. Someone might also object to the appointment of the executor nominated in the will to handle the estate.

Some people elect to postpone or avoid writing a will because they falsely believe that taxes and administrative expenses may reduce the amount of funds called the corpus that will be distributed to their heirs. However, a will does not complicate the distribution of an estate, but is intended to facilitate the passage of assets and maximize the benefits of the parties. Failing to write one only complicates matters for those who will be left to pick up the pieces.

There are three primary ways to go about creating a will.
• Do-It-Yourself: The assumption that preparing a will requires the use of an attorney and attendant expenses is incorrect. Creating a will can be as simple as writing or typing out how you want your assets to be distributed, naming the guardian or guardians of your minor children, and signing the document in front of witnesses. In some states, a completely handwritten wills legally known as a holographic will does not even require witnesses.

In the majority of states, the requirements of a valid will are as follows:
I. You must be eighteen years or older.
II. You must be of sound mind, with mental capacity to understand and express your desires.
III. The language of the document must clearly state it is your will.
IV. An executor must be named.
V. The will must be signed in the presence of two witnesses who must also sign and date the will. In lieu of witnesses, the signature of the maker can be witnessed and authenticated by a state licensed notary public.

VI. While there is no legal requirement that a will be notarized or recorded with authorities, doing so may safeguard against any claims that it is invalid and generally ease the probate process.

• Prepaid Legal Forms: Rather than rely upon your own ability to correctly decipher the law and properly use legal language, many people use prepaid legal services and standardized, fill-in-the-blanks forms. Lawyers have historically used “boilerplate” language whose meaning is commonly accepted as the result of years of use and litigation. Designed to have limited flexibility in order to save legal fees, such options can be beneficial if your estate is modest and the transfer of your property at death is not likely to be contested.

• Professional Advice: Many people rely upon the advice of an attorney to create or review a will’s details. Here are some reasons to seek professional advice:
I. The size of your estate is significant, or taxes may be due.
II. Management of distributed assets is complex or extensive, especially if assets are located in several states.
III. Your will is likely to be contested.
IV. Children and guardianships are involved.
Critical Parties to a Will
As you execute your will, keep in mind the following roles and responsibilities to be considered:
• Testator: The person who writes the will and whose property is distributed according to the will’s provisions.
• Beneficiaries: The people named in the will by the testator who receive one or more assets from the estate.
• Executor: Sometimes called the personal representative of the testator, the executor is the person who has the responsibility of carrying out the testator’s wishes. Any person of sound mind and legal age can act as an executor.
• Trustee: Executors or testators sometimes name people to manage specific assets of the estate for a period of time for the beneficiaries, especially if minor children are involved. For example, the testator or executor may appoint an investment advisor to manage securities owned by the estate in trust for children until they reach legal age.
• Legal Guardian: The person named by the testator to provide care for minor children until they reach legal age. Guardians are always established when a testator dies with children and no other parent is alive.

Probate Attorney Free Consultation

When You Need Legal Help to File A Probate In Utah, please call Ascent Law LLC 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

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