Trust Dos And Don’ts

Trust Dos And Don’ts

A trust is the legal relationship between one person, the trustee, having an equitable ownership or management of certain property and another person, the beneficiary, owning the legal title to that property. The beneficiary is entitled to the performance of certain duties and the exercise of certain powers by the trustee, which performance may be enforced by a court of equity. Most trusts are founded by the persons (called trustors, settlors and/or donors) who execute a written declaration of trust which establishes the trust and spells out the terms and conditions upon which it will be conducted. The declaration also names the original trustee or trustees, successor trustees or means to choose future trustees. The assets of the trust are usually given to the trust by the creators, although assets may be added by others. During the life of the trust, profits and, sometimes, a portion of the principal, called the “corpus”, may be distributed to the beneficiaries, and the remainder to is usually distributed upon the occurrence of an event, such as the death of the creator. A trust may be created as an alternative to a will in order to avoid probate and higher taxation. There are many types of trusts, including “revocable trusts”, created to handle the trustors’ assets (with the trustor acting as initial trustee), also called a “living trust” or “inter vivo trust”, which only becomes irrevocable on the death of the first trustor; “irrevocable trust,” which cannot be changed at any time; “charitable remainder unitrust,” which provides for eventual guaranteed distribution of the corpus (assets) to charity, providing a substantial tax benefit. There are also “constructive” and “resulting” trusts declared by a court for equitable reasons over property held by someone for its owner. A “testamentary trust” can be created by a will to manage assets given to beneficiaries.

Types of Trusts

A trust is a legal document that can be created during a person’s lifetime and survive the person’s death. A trust can also be created by a will and formed after death. Once assets are put into the trust they belong to the trust itself (such as a bank account), not the trustee (person). They remain subject to the rules and instructions of the trust contract. In essence, a trust is a right to money or property, which is held in a fiduciary relationship by one person or bank for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust.

Revocable Trusts

Revocable trusts are created during the lifetime of the trust-maker and can be altered, changed, modified or revoked entirely. Often called a living trust, these are trusts in which the trust-maker:
• Transfers the title of a property to a trust
• Serves as the initial trustee
• Has the ability to remove the property from the trust during his or her lifetime

Revocable trusts are extremely helpful in avoiding probate. If ownership of assets is transferred to a revocable trust during the lifetime of the trust-maker so that it is owned by the trust at the time of the trust-maker’s death, the assets will not be subject to probate. Although useful to avoid probate, a revocable trust is not an asset protection technique as assets transferred to the trust during the trust-maker’s lifetime will remain available to the trust-maker’s creditors. It does make it more somewhat more difficult for creditors to access these assets since the creditor must petition a court for an order to enable the creditor to get to the assets held in the trust. Typically, a revocable trust evolves into an irrevocable trust upon the death of the trust-maker.

Irrevocable Trust

An irrevocable trust is one that cannot be altered, changed, modified or revoked after its creation. Once a property is transferred to an irrevocable trust, no one, including the trust maker, can take the property out of the trust. It is possible to purchase survivorship life insurance, the benefits of which can be held by an irrevocable trust. This type of survivorship life insurance can be used for estate tax planning purposes in large estates; however, survivorship life insurance held in an irrevocable trust can have serious negative consequences.

Asset Protection Trust

An asset protection trust is a type of trust that is designed to protect a person’s assets from claims of future creditors. These types of trusts are often set up in countries outside of the United States, although the assets do not always need to be transferred to the foreign jurisdiction. The purpose of an asset protection trust is to insulate assets from creditor attack. These trusts are normally structured so that they are irrevocable for a term of years and so that the trust-maker is not a current beneficiary. An asset protection trust is normally structured so that the undistributed assets of the trust are returned to the trust-maker upon the termination of the trust provided there is no current risk of creditor attack, thus permitting the trust-maker to regain complete control over the formerly protected assets.

Charitable Trust

Charitable trusts are trusts which benefit a particular charity or the public in general. Typically charitable trusts are established as part of an estate plan to lower or avoid the imposition of estate and gift tax. A charitable remainder trust (CRT) funded during the grantor’s lifetime can be a financial planning tool, providing the trust-maker with valuable lifetime benefits. In addition to the financial benefits, there is the intangible benefit of rewarding the trust-maker’s altruism as charities usually immediately honor the donors who have named the charity as the beneficiary of a CRT.

Constructive Trust

A constructive trust is an implied trust. An implied trust is established by a court and is determined by certain facts and circumstances. The court may decide that, even though there was never a formal declaration of a trust, there was an intention on the part of the property owner that the property is used for a particular purpose or go to a particular person. While a person may take legal title to a property, equitable considerations sometimes require that the equitable title of such property really belongs to someone else.

Special Needs Trust

A special needs trust is one that is set up for a person who receives government benefits so as not to disqualify the beneficiary from such government benefits. This is completely legal and permitted under the Social Security rules provided that the disabled beneficiary cannot control the amount or the frequency of trust distributions and cannot revoke the trust. Ordinarily, when a person is receiving government benefits, an inheritance or receipt of a gift could reduce or eliminate the person’s eligibility for such benefits. By establishing a trust, which provides for luxuries or other benefits which otherwise could not be obtained by the beneficiary, the beneficiary can obtain the benefits from the trust without defeating his or her eligibility for government benefits. Usually, a special needs trust has a provision that terminates the trust in the event that it could be used to make the beneficiary ineligible for government benefits. Special needs have a specific legal definition and are defined as the requisites for maintaining the comfort and happiness of a disabled person when such requisites are not being provided by any public or private agency. Special needs can include medical and dental expenses, equipment, education, treatment, rehabilitation, eyeglasses, transportation (including vehicle purchase), maintenance, insurance (including payment of premiums of insurance on the life of the beneficiary), essential dietary needs, spending money, electronic and computer equipment, vacations, athletic contests, movies, trips, money with which to purchase gifts, payments for a companion, and other items to enhance self-esteem. The list is quite extensive. Parents of a disabled child can establish a special needs trust as part of their general estate plan and not worry that their child will be prevented from receiving benefits when they are not there to care for the child. Disabled persons who expect an inheritance or other large sum of money may establish a special needs trust themselves, provided that another person or entity is named as trustee.

Spendthrift Trust

A trust that is established for a beneficiary that does not allow the beneficiary to sell or pledge away interests in the trust is known as a spendthrift trust. It is protected from the beneficiaries’ creditors, until such time as the trust property is distributed out of the trust and given to the beneficiaries.

Tax By-Pass Trust

A tax by-pass trust is a type of trust that is created to allow one spouse to leave money to the other while limiting the amount of federal estate tax that would be payable on the death of the second spouse. While assets can pass to a spouse tax-free, when the surviving spouse dies, the remaining assets over and above the exempt limit would be taxable to the children of the couple, potentially at a rate of 55 percent. A tax by-pass trust avoids this situation and saves the children perhaps hundreds of thousands of dollars in federal taxes, depending upon the value of the estate.

Totten Trust

A Totten trust is one that is created during the lifetime of the grantor by depositing money into an account at a financial institution in his or her name as the trustee for another. This is a type of revocable trust in which the gift is not completed until the grantor’s death or an unequivocal act reflecting the gift during the grantor’s lifetime. An individual or an entity can be named as the beneficiary. Upon death, Totten trust assets avoid probate. A Totten trust is used primarily with accounts and securities in financial institutions such as savings accounts, bank accounts, and certificates of deposit. A Totten trust cannot be used with real property. It provides a safer method to pass assets on to family than using joint ownership.

To create a Totten trust, the title on the account should include identifying language, such as “In Trust For,” “Payable on Death To,” “As Trustee For,” or the identifying initials for each, “IFF,” “POD,” “ATF.” If this language is not included, the beneficiary may not be identifiable. A Totten trust has been called a “poor man’s” trust because a written trust document is typically not involved and it often costs the trust maker nothing to establish.

Advantages and Disadvantages of Living Trusts

Regardless of whatever else you may have heard there are only two ways to avoid probate: don’t die and don’t own anything. The living trust attempts to accomplish the second way of avoiding probate, no one having yet discovered how to accomplish the first. As an estate planning tool, a living trust is neither inherently good nor inherently bad. It has certain advantages and certain disadvantages. Whether its use is appropriate depends upon the particulars and is a matter for individual determination. But first, a little background. Probate is simply the procedure for transferring a decedent’s assets, either by that person’s will or by state statute if there is no will. In the overwhelming majority of cases, the system functions smoothly and without undue delay or expense. It is the rare, but sometimes colorful case in which the estate is tied up for years and burdened by enormous legal fees and administrative expenses – whether because of a will contest or other disputes among the heirs or because of disputed claims against the estate – that provides grist for the mill of the “avoid probate” industry. You might not know it from the sales pitches, but a “living trust’ is nothing new as an estate planning mechanism. It has been around for years under the more traditional names “revocable trust” and “inter vivo trust,” literally, a trust “between the living.” If it tells you nothing else, the Latin name tells you that the concept is very traditional. A living or revocable trust is one created by a person while living that may be revoked or modified by that person without the consent of any other person. The creator of the trust, called the “settler” or “grantor,” can be his or her own trustee and can designate a successor trustee or trustees in the event of incapacity or death. The settlor is typically the beneficiary of the trust during his or her life, and designates in the trust document who will be the beneficiaries upon his or her death.

The use of a revocable trust “to avoid probate” requires that the trust be funded with all or substantially all of the settlor’s assets during the settlor’s life. It is in this way that the revocable trust enables the settler to follow the aforementioned advice, “don’t own anything.” The assets have passed from individual ownership to ownership by the trust. Thus, when the settlor dies there is nothing in the estate (assuming no further acquisitions) and nothing to “probate,” even though the settler, as beneficiary, has enjoyed the use of the trust assets during his or her life. There can be additional advantages of such trusts, beyond probate avoidance. For example, if the settler is successful in avoiding probate, the size and distribution of the estate can be kept confidential, unlike probate proceedings which are matters of public record. Also, the assets of a living trust can typically be distributed to beneficiaries sooner than is possible in the probate of an estate. Living trusts also can be an excellent way of keeping records and managing property. Another argument for living trusts is that confidentiality of trust provisions and avoidance of court procedures tend to reduce the likelihood of the equivalent of a will contest.

A major disadvantage of a living trust is the cost associated with its preparation and funding. The paperwork is more complex for a living trust than for a will and the attorney’s fee is typically larger. Property that passes by title, for example, real estate and vehicles, has to be transferred formally from individual ownership to trust ownership. More paperwork and more expense. Beneficiary designations to property such as insurance policies and bank accounts may also need to be changed. For an estate with fairly extensive property and complex dispositions, the cost of preparing and funding a living trust can be two or three times the cost of a will with equivalent dispositions. People who choose a living trust over a will are essentially doing much of their own probate before their death, similar to the way that some people plan their own funerals. As a result, they are paying costs and performing work now that would otherwise be deferred until after death and then paid by their estate and performed by their Personal Representative. There is nothing wrong with this of course, as long as a person realizes that is what he is doing. Additionally, the formalities of setting up and funding a living trust must be observed and records kept to reflect that observance throughout the settlor’s life if the transfer of the assets is to occur smoothly and without probate when the settlor dies.

Again, more paperwork and transaction expenses to keep the trust current. Unfortunately, many people lack the self-discipline necessary to keep their affairs in the order required by a living trust after they have established one. The costs to set up, maintain, and administer a living trust are generally at least the same as the costs of a will plus probate. With a living trust those costs are loaded toward the front end, with a will toward the back end. On occasion, there is a distinct advantage to opening a probate case even where the decedent had a trust and all the decedent’s property had been placed in the trust. The probate process allows for publication of a “Notice To Creditors,” which in effect imposes a very short statute of limitations on claims against the estate. Trust administration procedures do not provide for this, so any claims against the trust are subject only to their ordinary limitations periods.

Free Initial Consultation with Lawyer

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

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

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Attorneys In Utah

Attorneys In Utah

The area of family law is composed of the legal relationships between family members. These relationships can include those of parents, children, spouses, domestic partners, and guardians. Issues involving family law can include: marriage, divorce, child custody, child support, adoption, reproductive rights, paternity, and domestic violence.

Family law encompasses the rules, regulations, and court procedures that involve the family unit. As such, it is not uncommon for cases that are heard in family court to be very personal and emotional. Family law attorneys help their clients file for divorce or separation, child custody and visitation, child support, and alimony. Experienced lawyers also assist their clients in establishing paternity, obtaining domestic violence restraining orders, property division, debt allocation, and parenting plans.

Family law attorney is a person who deals with all the matters of families. No matter if it is a matter of marriage, divorce, child custody, property, ownership, etc. The Family-law attorney deals with all such matters. A Family-law attorney is out of the zone of the criminal justice system and works only under civil law. Whenever a person gets a problem in family matters, no matter how severe the condition is, a Family-law attorney is hired, not a criminal lawyer. A Family-law attorney has the massive responsibility of getting justice for his clients.

Do You Need A Family-Law Attorney?

The first step to finding out the best Family-law attorney during your research is to determine why you and whether you need a Family-law attorney or not. By identifying this, you will be able to know the specialized area of Family-law attorney for which you need services. One you will recognize this; you will be able to narrow down your Family-law attorney research only to those who deal with problems that you are facing.

Decide the Right Venue

This is also an important step to keep in mind because every country and state has its laws under which it works. It is therefore important that the person who is filing the case chose the right venue of the claim. The venue must be the one in which both the member of the party is present. In another case, it will be difficult to follow the example if the laws have huge differences. Another benefit of doing this is that the Family-law attorney you will choose will know the court and the judges of that place. It will be easy for him to evaluate the situation and also will have an idea that how to handle the case before the authorities.

Do Some Research

Quick research about the Family-law attorney you are going to choose for your case will be of great help as it will provide you with all the background knowledge of the lawyer. You can search for the official website of the Family-law attorney and see how his work is going on and how active he is participating in different cases. Moreover, you can also go through social media account of your chosen Family-law attorney, as it is also helpful in understanding that person. Other than this, you can see the press releases about that person or meet someone of his organization to know well about him and his working attitude. This point is of great importance, so never neglect or miss it.

Narrow Down Your Choices

After all the above efforts gave, you will be now able to narrow down the search of your Family-law attorney. You might have 10 Family-law attorneys on your list in the start, but after the above evaluation, you might be left with only 2 or 3. Now, you can choose the best one out of these very easily. You may consider the minor factors for this. For instance, you can choose the Family-law attorney who is nearest to you, who is more understanding and comfortable for you. By looking into these small details, you are now able to get the best option out of the entire Family-law attorney in your surroundings. After doing this, you can even call your chosen Family-law attorney to get consultation on phone or either request to have a personal meeting in which you can get in-person consultation.

You can ask them about simple preliminary questions about their career and ambitions. In this way, you can evaluate them on a personal level and get to know how seriously they will carry out your case and how determined they are for their profession.

Making Final Decision

You can call your selected Family-law attorney and ask for a meeting for which you will get an appointment. Some Family-law attorney charges for even early meetings, but if you are sure that you will select that Family-law attorney, then there is no harm in paying the fee. Some charge on the hour basis and some charge collectively for the whole day, so you can ask them about it and know about their charges so that you may go with preparation. During this phone call, you must ask your Family-law attorney that what things you need to take with you for the first appointment.

Gather Your Documents for First Meeting

If your Family-law attorney does not tell you about the documents that you have to carry with you for the first meeting, then you can decide it on your own. You can find out about the essentials by searching online. Now, after finding out about the essential documents to be carried with you, take out copies of all of them. You may have to go to other Family-law attorney also, so make sure you keep more than one copy with you. Also, leave the original documents back home so that you may not lose them in any case. They must be kept safe and only taken outside when you need them at any cost.

Think About Your Case

Now, you are also required to gather details about your case that you might have forgotten over time. There will be so many questions that your selected Family-law attorney is going to ask you for, so you must be able to answer them properly and in detail. This would only be possible if you revise your case thoroughly in advance and then go to the Family-law attorney for the further proceedings. It is very important to remember every detail of your case because even minor things matter when it comes to winning a case in court. So, if you are not able to tell your Family-law attorney even a single detail of your case, you lose the chances to win it. So, keep your eyes open and make sure you remember everything and also deliver that to the Family-law attorney.

Make the List of Questions to Ask

As much as it is important to make the list of things the Family-law attorney could ask you, you have also to make a list of questions that you need to ask your chosen Family-law attorney. These questions are both general and specific to the case for which you are going to hire that Family-law attorney. Make sure you ask questions and feel satisfied with the answers of the Family-law attorney because if you do not feel comfortable and hopeful about the future proceedings of the case after visiting your Family-law attorney, then you might not have a good chance to carry on with such Family-law attorney. You can ask the Family-law attorney about how much he will charge you, how much time he will give to the case, when he is expecting the case will be resolved, how tough it would be for him, etc. These questions might look very simple, but they are the way in which one can evaluate a Family-law attorney about his skills, professionalism, and ability to win the case for you.

Plan a Schedule with Family-law attorney

Now after you are done with all the essential work, that is, you have met your Family-law attorney and asked every question you wanted, the next step you have to take is to schedule out your future meetings with him. Now as you will be satisfied and comfortable with your Family-law attorney, you can make a flexible plan for your meetings because you know that you will be working with him for a long time so compromise will be made and a proper plan will be constructed. It is not easy, but you can make it off your Family-law attorney is determined enough. Also, you must be very strong in your plans so that the Family-law attorney may not get relaxed at any point. So, you have to enforce regular meetings with the Family-law attorney.

Reasons You Need a Family Law Attorney

Here are a few reasons why choosing a qualified family law attorney is the right decision:
• Objective advice – Even if you’re the party who is initiating the divorce action, chances are that you are experiencing some very deep emotional turmoil concerning the matter. When emotions are running high, it’s easy to make rash decisions that, in hindsight, will prove to be ill-considered. Having a family law attorney in your corner means that you have a professional who can offer objective, fact and experience-based advice regarding your divorce. A family law attorney can help you avoid going for a quick resolution that leaves you at a long-term financial or parenting disadvantage.
• Access to top-notch consultants – In contentious divorce proceedings, the testimony and advice of professionals such as bankers, investment consultants, appraisers, physicians, and mental health experts may be necessary. Experienced family law attorneys have contacts with many of these experienced professionals and can recruit knowledgeable experts who can lend authority to your case with their knowledge.
• Courtroom experience – There is no substitute for experience when it comes to litigation. Family law attorneys have spent a significant portion of their careers in the courtroom arguing divorce cases. This experience gives them unparalleled insight into what tactics opposing attorneys will pursue and how judges will react to various arguments and evidence. While most divorce cases settle, the most contentious ones end up in a courtroom and, in that circumstance; you want a seasoned professional on your side.
• Familiarity with opposing counsel – Most family law attorneys in your area will interact in court and develop working relationships. Experienced family law attorneys can draw upon those contacts to work effectively with your spouse’s attorney to help negotiate a settlement that is fair and equitable.
• Alternatives to litigation – Family law attorneys can advise their clients on whether alternatives such as divorce mediation may be appropriate for their circumstances. Mediation can save divorcing spouses with good communication the time, expense, and stress of a divorce proceeding. In mediation, a facilitator helps guide divorcing spouses to an amicable agreement. While this option isn’t for everyone, many couples have used it to successfully end marriages without the acrimony involved in divorce.
• Pricing – Family law attorneys understand how tough the divorce process can be, particularly with regard to finances. Family law attorneys may charge more competitive rates than non-family law practitioners and may also be more willing to work with clients regarding payment.

How Much Do Family Lawyers Cost?

The fees charged by a Family Lawyer can vary dramatically depending on how experienced the Lawyer is, the complexity of the case and whether they charge an hourly rate or a fixed fee. However, they should provide you with an estimation of the expected fees from the outset. There are many areas of Family Law that a Family Lawyer or Solicitor may specialize in, the main areas of focus being divorce, children matters and the cost of each matter can vary depending on the complexity of the individual case and the amount of work the Lawyer is ultimately instructed to complete. To assess the cost of an hourly rate case will require the client and the Lawyer to discuss the circumstances in detail and estimate how much work the matter will require. Once this has been established, the Lawyer should be able to provide an accurate estimate of fees, though this will still only be estimation. A fixed fee service is where the Lawyer provides a quote before any of the work starts, and this price is guaranteed not to change. Some clients prefer this as it means they know exactly where they stand right from the start. Regardless of whether a Family Lawyer is charging a fixed fee or an hourly rate, they should discuss the fees with their client right at the point of initial engagement.

Additional Costs

In most Family Law matters, there are likely to be additional costs that will need to be paid alongside the legal fees. It’s important to understand what these costs are so that you can budget accordingly.

• Court Fees: When an application is sent to Court, depending on the nature of that application, the Court will charge a fee for the application. In divorce matters, this is currently £550, in children matters the fee is £215 and in financial separation matters the fee is £255. This fee is separate to the Lawyer or Solicitor’s fee as this is paid directly to the Court and is known as a ‘disbursement’ (meaning a fee which is payable to a third party other than the instructed Lawyer or Solicitor.) If the client cannot afford to pay the Court fee, it is possible for them to apply to the Court for a reduction or even an exemption from the Court fees by completing a fee remission form. The Court will then assess the amount that the client will be expected to pay towards the Court fee.
• Barrister Fees: Depending on the nature of the case there may be further disbursements required. If a case is taken to Court, for example, then the Family Law Solicitor may arrange for a barrister to represent the client at the hearing. Typically, a barrister will be able to offer a fixed fee for representation at Court.
• Tracing Agent and Process Server Fees: Sometimes, if someone who is involved in a Family Law matter cannot be located and their contact details are unknown, a tracing agent may need to be instructed. This is an organization which attempts to track down the missing individual. In addition, it may also be necessary to instruct a process server, which is an organization that serves the individual with legal documents, advising them of the legal proceedings. A process server will usually be instructed if there is an individual who is difficult to track down or who is not engaging with the proceedings. This is because the Court requires that reasonable efforts are taken to notify an individual of legal proceedings that involve them.

Things a Family Lawyer Can Do For You

• Handling Divorce Issues: Undergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court.
• Handling Estates and Wills: A will is a legal document through which people state how they would wish their property to be managed when they die. Family law attorneys are responsible for assisting people in drafting these documents. They also have what it takes to ensure that an estate is administered as stated by a deceased via the will.
• Handling Child Custody Agreements: When a couple separates, one of the most difficult issues to handle has to be what happens to the children. Couples need to agree on how to take care of the children they have had together in the new arrangement. Child custody is defined by an agreement in which both parents have to live with the terms therein. A competent family lawyer can help parents that are parting ways to draft such an agreement. A family law attorney can also help parents in amending child custody agreements if need be.
• Handling Prenuptial Agreements: A prenuptial agreement is a contract signed by a couple prior to a marriage or a civil union. Although the content of such a contract may vary from one case to another, its main aim is to spell out the provisions of spousal support and division of the property in the event of a breakup or a divorce. A family lawyer can assist a couple in drafting a prenuptial agreement and handling any matters that may arise from the contract according to the law.
• Represent Litigants in Court: Although family attorneys can help people to settle family disputes outside court, some of these matters still end up in the courts. In such a case, family lawyers are best suited to help litigants get justice. These attorneys handle such cases almost every other day, and therefore, they have the necessary legal knowledge and practical experience to help litigants to navigate the complex jungles of the family law and ensure that justice is served accordingly.

Free Initial Consultation with Lawyer

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

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

Recent Posts

Tax Planning Considerations

Creditor Claims Against Retirement Assets

Trust Dos And Don’ts

Business Lawyers

Estate Planning Lawyer

Divorce Lawyer and Family Law Attorneys

Ascent Law St. George Utah Office

Ascent Law Ogden Utah Office

The post Attorneys In Utah first appeared on Ascent Law, LLC.

source https://www.ascentlawfirm.com/attorneys-in-utah/

Divorce In Utah

Divorce In Utah

To divorce in Utah, at least one spouse must live in a single county in the state of Utah for at least three months, with no breaks in that residency prior to filing for divorce. In Cases of Child Custody with a few exceptions, when child custody is a concern the child must normally reside in Utah with one parent, for at least six months prior to the divorce filing. In Utah, the divorce process begins when one spouse (the petitioner) or his or her lawyer uses the state’s Online Court Assistance Program (OCAP) to prepare the divorce petition, along with additional filing documents. The system is user-friendly, with instructions that are easy to follow. Utah’s court system warns against using documents obtained elsewhere, as they may not be acceptable. If you are confused about which documents are required or are unsure about any factors surrounding your divorce, then it is best to consult with a lawyer. Many lawyers offer free initial consultations, which can help you decide how best to proceed. After completing the required documents, the petitioners should hand-deliver or mail the documents to the county clerk’s office.

If you have retained an attorney, he or she will handle this step for you and will guide you in additional interactions with the court. After filing, the petitioner must serve the other spouse (called the respondent) with the summons, petition for divorce, and other associated documents within 120 days of filing. Respondents living in Utah have 21 days to sign the Acceptance of Service and give it to the petitioner or his or her representative to file with the court or file it with the court themselves. Respondents living outside Utah have 30 days to complete this process.
• The petitioner may use FedEx, UPS, or the U.S. Postal Service to serve the respondent; if this method is used, choose a registered mail option that requires the respondent to sign for the documents.
• The petitioner may have an uninvolved third party over the age of 18 serve the respondent and sign an Acceptance of Service.
• A constable, sheriff, private investigator, or private process server can hand-deliver the documents and sign an Acceptance of Service.

The petitioner must then file a Proof of Service form with the court. This document states when and how the respondent was served and is completed by the person who conducted the service. If you used a third party to serve the respondent, they may file the Proof of Service on your behalf. A copy of the completed Proof of Service form and a Certificate of Service form should be mailed to the respondent, or to his or her lawyer. The original Proof of Service and Certificate of Service forms are then filed with the court.

Grounds For Divorce In Utah

There are a number of grounds for divorce in Utah, which include:
• Impotency of the respondent at the time the marriage took place
• Adultery
• Willful desertion for more than one year
• Willful neglect to provide the common necessities of life
• Habitual drunkenness
• Felony conviction
• Cruel treatment resulting in mental distress or bodily injury
• Incurable insanity
• Prior to filing, the respondent must have been adjudged insane by appropriate authorities in Utah or another state
• Competent witnesses must testify to the respondent’s state of incurable insanity
• Irreconcilable differences
• When spouses have lived separately under a Decree of Separate Maintenance for three years without cohabitation, in any state.

When The Respondent Cannot Be Located

If the petitioner cannot locate the respondent to serve him or her, or if the petitioner believes that the respondent is attempting to avoid service, then he or she must demonstrate that they have used “reasonable diligence” in attempting to serve divorce papers when requesting that the court allow alternative service. The judge will determine how best to proceed in serving the respondent using a variety of alternative methods.

Financial Declarations In Utah Divorce

After the respondent files his or her response, both parties must prepare Financial Declarations disclosing all income, assets, expenses, and debts. Utah divorce laws require that the following documents be attached when applicable:
• Copies of financial statements backing up claims of income, assets, expenses, and debts outlined in the Financial Declaration document.
• Documents that verify real estate value including any refinance documents, tax valuation, and/or appraisal documents; additional documents concerning real estate may be required on a case-by-case basis.
• Two years worth of tax documents
• 12 months worth of pay stubs and/or other evidence of income of any kind
• Copies of any financial statements and/or loan applications that were either prepared by or used during the 12 months prior to the date of filing for divorce.
• 3 months worth of statements for all financial accounts and retirement accounts, including any that were closed within or after those 3 months including but not limited to:
 Checking
 Savings
 certificates of deposit
 money market funds
 brokerage
 investments

Additional Issues Surrounding Utah Divorce

The court will require documentation surrounding other issues on a case by case basis:
 Alimony
 Child support
 Child Custody and Parent Time – Parents may request a professional evaluation for child custody, or the judge may order a custody evaluation. The cost of the evaluation is typically split between the parents.
 Property Division
 Debt Division

If the parties are able to reach an agreement, the judge will sign the final divorce decree. If parties disagree, the divorce will go to trial. A pre-trial conference is required prior to trial scheduling; this is one more attempt to settle the divorce. If no settlement can be reached, then the conference will be used to determine which issues will be taken to trial. Trials can be complicated and expensive; additionally, they take time to come to completion based on details of the case as well as the court’s calendar. The judge will sign a final divorce decree only after all issues have been settled. In some cases, judgment may be set aside so that further litigation may take place.

How Long Does A Divorce Take In Utah?

In Utah, there is a divorce waiting period of 30 days between the date of filing and the date the judge signs the final divorce decree. Parties may request the court to waive the waiting period. Note that complicated divorces may take far longer than 30 days to complete.

How Much Will It Cost?

The cost of a divorce in Utah varies from one case to the next, with legal fees making up the bulk of the charges. The basic Utah divorce filing fee is $318. There are additional court fees for services, such as having papers served by a sheriff or constable, online court assistance, required classes for divorcing parents of children under 18, and the Utah divorce certificate itself. If you cannot afford to file your case, you may request a waiver by filing a Motion to Waive Fees and submitting documentation supporting a statement of financial difficulty. The statement of financial difficulty must include a detailed outline of your income and expenses, a description of property you own, and a breakdown of your credit and debts. A judge will review your request and determine whether to grant a waiver for some of the fees. There are certain Utah divorce fees which cannot be waived including:
 The costs of having an out-of-state sheriff, constable, or private process server serve the other party with divorce papers.
 Fees associated with serving the other party via mail.
 Fees associated with having a legal notice published in a newspaper.
 Fees for transcripts, copies, or postage.
 Witness fees associated with your case.
 Fees for having the county recorder record your divorce judgment at the conclusion of the case.

Special Divorce Laws In Utah

When parents of minor children divorce in Utah, they are required to attend mandatory divorce orientation classes and divorce education classes. Classes are also required in cases of temporary separation. While not mandatory, the state also offers a divorce education class for children, designed to help minor children understand divorce and work through common issues. When a Utah divorce is contested, mediation is mandatory. The mediation process is designed to help both parties work through their issues and come to an agreement. If either party feels unsafe with the mediation process or has another good cause to avoid mediation, he or she may ask the Alternative Dispute Resolution (ADR) officer to waive the mediation requirement.

Dating After Divorce

Dating is at the forefront of many divorcees’ minds. 78% of the women have already started thinking about dating by the time the divorce papers are signed. 40% of women feel confident about dating after divorce, 68% feel excited and hopeful. 59% of divorced women meet dates on online dating websites or apps.

How Do I File for Divorce in Utah?

If you’re thinking of filing for divorce or dissolution of marriage as it’s referred to in Utah you might not know where to begin. Fortunately, Utah has gone to great lengths to assist individuals who wish to handle their divorce. This article provides basic information about who to file for divorce in Utah, but if you have specific questions, you should speak to a family law attorney in your area.

Reasons for Divorce

Like a majority of states, Utah allows both no-fault and fault-based divorce. In a no-fault divorce, spouses don’t have to prove that the other’s misconduct caused the breakup of the marriage, so these types of case are generally faster and less expensive. Utah provides two kinds of no-fault grounds: “irreconcilable differences” and living apart for at least three years under a separate maintenance order issued by any state. If you and your spouse can’t agree on an amicable divorce, you can file for a fault divorce, where you have to show that your spouse engaged in some type of misconduct that caused the marriage to fail.

Residency Requirement

To obtain a divorce in Utah, you or your spouse must reside in one county continuously for at least three months.

Preparing Your Forms

To get your case started, you must file several forms, including a divorce complaint. Fortunately, the state provides residents with a free online form generation service, which is maintained by the Utah State Courts. The Online Court Assistance Program (OCAP) allows users to input all their information and answer a series of questions. After completing the program, the system automatically produces all the forms you need to file your case.
The standard forms include the following:
 Cover Sheet for Civil Actions
 Department of Health Form
 Verified Complaint for Divorce
 Summons, and
 Parenting Plan (if there are minor children.)

Filing Your Forms

Once you have all your forms in order, you must file the originals with the appropriate county court, meaning the county in which you live or the county where your spouse resides. Utah law allows the filing spouse, known as the “petitioner,” to file by mail; however, the state recommends using registered mail to guarantee receipt of delivery.

You can also hand-deliver your initial paperwork to the county clerk.

Serving Your Forms

In Utah, as in every other state, you must serve your spouse with a copy of all your divorce documents. “Service of process” enables the other party to respond to the divorce complaint or file a counterclaim. Under Utah law, you have 120 days from the date you file your divorce complaint to serve copies on your spouse. Utah permits various forms of service, including hiring a private process server, handing over the documents yourself in person, and sheriff’s service.

Financial Disclosures

Like many states, Utah requires the parties to exchange financial information, including a list of all assets and debts. Under state law, both spouses must file a Financial Declaration. Each spouse must file disclosures after the respondent submits an answer to the original divorce petition.

File for Divorce

As you begin the process of filing for divorce, be aware that Utah allows for divorce based both on fault and no-fault grounds. You should also know that Utah’s courts impose a residency requirement on divorce proceedings; this means that either you or your spouse must have lived in the state for a minimum of three months prior to the filing date. When custody of minor children will be an issue in the divorce proceedings, your children generally must have resided in Utah for a minimum of six months before you can file.

Prepare Your Divorce Documents

If you are using a lawyer, your attorney will prepare your documents for you. If not, you may use the state’s Online Court Assistance Program (OCAP) to prepare the divorce petition and related documents; there is a $20 fee for using this service. Completed forms must be notarized by a notary public before they can be filed.

File Your Divorce Documents

Your divorce case is only open once you’ve filed all forms in the office of the court clerk in your home county and paid the filing fee of $310.

Serve Your Spouse

After filing your divorce petition, you have 120 days to serve this petition, a summons and any other filed documents to your spouse. Service can be completed via certified mail or by the sheriff’s department or a private company. Proof of service is required to have the court act on your divorce petition.

Wait for Your Spouse’s Answer

After being served, your spouse will have 21 days–or 30 days if they are out of state–to respond. If they do respond, both parties will have to submit a Financial Declaration form to each other outlining all relevant financial items. If your spouse does not respond, you can request that the court issue a default judgment which will grant you everything you requested in your petition. If your spouse agrees with all issues as presented in your divorce petition, they can file a stipulation instead of a response. At this point, the OCAP Divorce Stipulation questions can be used to prepare the necessary documents and proceed to a final divorce decree.

Complete Required Divorce Education Classes and Mediation

After your spouse has been given a chance to respond to your divorce petition, several steps must be taken before a trial will be scheduled. Many Utah divorce issues are resolved during this stage in the process, eliminating the need for a trial in front of a judge.

Complete a 90-Day Waiting Period

Utah law stipulates that judges must wait 90 days after the date that the divorce petition was initially filed to sign the final divorce order. This is true even if both spouses agree on all issues.

Take Part in Mandatory Mediation for Any Contested Issues

If your spouse responds to your divorce filing, Utah statute requires that both parties take part in a mediation session before a divorce will be granted. The parties are jointly responsible for locating and paying for a mediator.

Ask for Temporary Order if Necessary

Sometimes there are issues that must be addressed before the divorce order is final, such as who can use the marital home or who has custody of any minor children during the pending divorce. In these cases, either party can request that the judge issue a temporary order on the matter that will be effective through the final divorce decree.

Complete Name Restoration

If you had your name changed upon getting married, you can return to your pre-marriage legal name at this stage in the divorce process. To do so, simply include a statement along with your divorce petition to indicate the name change.

Go to Trial (If Necessary)

If you and your spouse are unable to reach an agreement about any issues in your divorce decree, the next step in the Utah divorce process is going to trial.

Seek a Child Custody Evaluation

If you disagree with your spouse regarding child custody or child support issues, you can request that a professional evaluator conduct a custody evaluation. During this evaluation, the evaluator will observe both parties and the children; the evaluator will then submit a report to the court on all factors that pertain to the child’s best interests.

Appear at Pre-Trial Conferences

You will be required to attend a conference prior to your trial being scheduled to make a final attempt to settle the case. If this fails, the trial date will be set and the list of issues to be addressed at trial will be determined.

Attend Your Trial

If you have hired a divorce lawyer, they can help you prepare for the trial, including assembling any documents and necessary evidence to be presented to the court. Arrive at the courtroom early on the day of your trial, dressed professionally and with any witnesses that you intend to call upon. Remember to treat the judge respectfully and never interrupt your spouse when they are testifying.

Consult an Attorney

You aren’t required to use an attorney in order to file for divorce in Utah. However, the legal issues surrounding divorce are often complicated, and you may face obstacles representing yourself if there are any complex matters such as child custody or division of significant assets. A qualified divorce attorney can help you navigate the process and help safeguard against critical mistakes.

Free Initial Consultation with Lawyer

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

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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Lawyer Utah

Lawyer Utah

The Utah State Bar is made up of many different types of lawyers, according to information provided by members for its Survey of New Attorneys. Of the new attorneys surveyed, 94.1 percent were active members of the Utah State Bar, while 27.9 percent were also active members of the Utah State Bar. The majority (35.3 percent) of respondents worked in small firms made up of two to ten attorneys. The Utah State Bar Office of Bar Admissions does not require any pre-legal undergraduate education. But, if you wish to attend an ABA-accredited law institution as the regulations of the Office stipulate, you must have a bachelor’s degree prior to applying for enrollment.

Accreditation

Before any ABA-accredited law school will allow you to enroll, it will check to make sure that your undergraduate degree is from an accredited college or university. If your school is accredited by a recognized agency listed with the U.S. Department of Education, such as a national or regional accreditation organization, most ABA-approved law schools will accept your undergraduate education.

Requirements and Standards

There are no prerequisites on undergraduate courses that you must take prior to entering law school. Some undergraduate courses, like criminal justice, philosophy, government, political science, and communications, may help you more than others once you get to law school.

What are the Degree Options?

As long as you have a Bachelor of Science (BS) or Bachelor of Arts (BA) from an accredited college or university, ABA-accredited law schools will accept your education as valid. You need not have a bachelor degree in any certain field.

Job Description of a Lawyer

Lawyers represent clients in civil or criminal trial and present evidence for their defense. They also advise their clients on their legal rights or obligations and counsel them on the best way to proceed according to their legal circumstances. A lawyer conducts research on legal issues and is qualified to interpret laws, regulations, and rulings. They draw up legal documents like wills, deeds, contracts, lawsuits, and appeals. They may also oversee legal assistants or paralegals. A lawyer can specialize in many different areas of this profession. For instance, they may choose to specialize in a certain area of law such as criminal law, defense, prosecution, tax, or environmental law. Lawyers mostly work indoors and in office buildings, however some travel may be required when meeting with clients or attending court hearings.

Qualities every good lawyer should have

The skills you need for your ideal career are something that you can work on and develop over time. As they say: practice makes perfect! Here are a few that you should consider working on if you aspire to be a successful lawyer:

Good Communication Skills

Lawyers must be orally articulate, have good written communication skills and also be good listeners. In order to argue convincingly in the courtroom before juries and judges, good public speaking skills are essential.

Communication and speaking skills can be developed during your studies by taking part in activities such as mooting or general public speaking. Lawyers must also be able to write clearly, persuasively and concisely, as they must produce a variety of legal documents. But it’s not all about projection. To be able to analyze what clients tell them or follow a complex testimony, a lawyer must have good listening skills.

Judgement

The ability to draw reasonable, logical conclusions or assumptions from limited information is essential as a lawyer. You must also be able to consider these judgements critically, so that you can anticipate potential areas of weakness in your argument that must be fortified against. Similarly, you must be able to spot points of weakness in an oppositions argument. Decisiveness is also a part of judgement. There will be a lot of important judgement calls to make and little time for sitting on the fence.

Analytical skills

Both the study and practice of law involve absorbing large quantities of information, then having to distil it into something manageable and logical. At times, there will be more than one reasonable conclusion or more than one precedent applicable to resolving a situation. A lawyer must therefore have the evaluative skills in order to choose which is the most suitable.

Research skills

Similarly, being able to research quickly and effectively is essential to understanding your clients, their needs, and to preparing legal strategies. Preparing legal strategies requires absorbing and comprehending large amounts of information, then distilling them down into something manageable and useful.

People skills

Law is not an abstract practice. Irrelevant of how well someone does academically, at the end of the day lawyers work with people, on behalf of people, and the decisions that are made affect people’s lives. They must be personable, persuasive and able to read others. This allows them to gauge juror’s reactions and the honesty of witnesses. This allows them to decide upon the best approach to take in order to achieve the desired outcome: either clients taking their advice or reaching a favorable negotiation with the opposition.

Perseverance

“Perseverance is not a long race; it is many short races one after the other.” Even studying to become a lawyer takes a great deal of perseverance and commitment and that’s before you even start work! Typically, a lawyer will do an undergraduate law degree, an LPC, and then a training contract before qualifying. Most will also complete a vacation scheme or some other kind of work experience. When working on a case, you must have the perseverance to complete the work necessary to drive it to a successful finish.

Creativity

The very top lawyers are not only logical and analytical, but they display a great deal of creativity in their problem-solving. The best solution is not always the most obvious and in order to outmaneuver your challenger it is often necessary to think outside the box.

Different Types of Lawyers for the Most Common Legal Problems

Lawyers are like apples; there is a great variety with each type fitting a specific need. And in the case of the different types of lawyers, each type is specialized in fulfilling specific legal needs.

Criminal Lawyer

Criminal lawyers are attorneys who are knowledgeable about criminal law. If you’re located in the United States, you need a criminal lawyer who is also familiar with the criminal laws in your state. A knowledgeable and experienced criminal lawyer will understand the rules around bail, arraignment, arrest, pleas and issues related to a criminal trial. There are many different types of criminal attorneys including public defenders, prosecutors, and defense attorneys.

Personal Injury Lawyer

Near the top of the list of lawyers you may need is a personal injury lawyer. If you’ve been injured due to the negligence of another person or entity, a personal injury lawyer using personal injury case management software could help you get compensation. Car accidents and slip and falls are two of the most common case types personal injury attorneys take on. For individuals hurt on construction sites or during the course of their work, they may need to seek out different kinds of lawyers because of the different types of law that government accidents.

Workers Compensation Lawyer

If you’ve been injured on the job, seeking out a workers’ compensation lawyer is probably the best course of action. Workers compensation lawyers specialize in helping workers navigate the challenges of getting the benefits they’re entitled to when they’ve been injured on the job.

Bankruptcy Lawyer

Another kind of lawyer at the top of the list of most common lawyers used is the bankruptcy lawyer. If you’ve experienced financial setbacks and you’re unable to pay your debts, a bankruptcy lawyer can help you get debt relief in the form of a repayment plan or the discharge of your debts in bankruptcy court. Some of the most common reasons a person seeks out a bankruptcy lawyer is for medical debt, foreclosure, and credit card debt.

Family Lawyer

A family practice lawyer is one the types of attorneys who can help you deal with any legal issues related to your family prenuptial agreements, divorce, child custody, alimony and more. Some people going through a divorce consider DIY divorce proceedings using online forms but it’s important to remember that trained family lawyers understand nuances in the law that may not be apparent when reading readymade divorce instructions online. Many people seeking a divorce consult with an attorney so that they can understand whether or not their proceedings will be simple or more complex.

Immigration Lawyer

Immigration lawyers help immigrants with legal issues related to their legal status in this country. Some of the most common issues immigration lawyers deal with are visas, green cards, asylum and refugee status, and helping immigrants navigate the system especially when a process has caught a snag or becomes complex. Immigration lawyers can also represent their clients in court. If you’re dealing with an immigration legal issue, you can find a list of lawyers who specialize in immigration legal cases, but be sure they have experience working on cases similar to yours.

Estate Planning Lawyer

Estate planning lawyers are the kinds of lawyers that can help an individual with her will or trust. If you’re trying to plan how you will handle your assets and the financial needs of your children if you pass away, working with an estate planning lawyer is a good choice. By using an estate planning lawyer to create a plan for your assets after you die you can keep your estate out of divisive probate processes.

Intellectual Property Lawyer

Intellectual property lawyers are the types of lawyers that are also known as IP attorneys. IP attorneys can help you deal with legal issues concerning copyrights, trademarks, patents, trade secrets and anything else related to intellectual property. Some of the most common cases facing intellectual property attorneys are copyright and trademark violations. IP attorneys also spend a lot of time working with clients to help them avoid infringing upon the rights of others and making sure that their intellectual property is properly protected under the law. There are a lot of nuances to intellectual property law, so many IP owners work with attorneys who understand the law.

Employment Lawyer

Both employees and employers may seek out employment lawyers to deal with legal issues related to the workplace. Employment lawyers can advise clients about legal issues related to employment contracts and other employment relationships. Some of the most common types of cases handled by employment lawyers are wrongful termination, workplace harassment, retaliation, and workplace discrimination.

Corporate Lawyer

If you own a business, a corporate lawyer can help you with business entity formation, governance and compliance issues. Corporate lawyers can also review contracts and give legal advice regarding agreements related to mergers, acquisitions, and divestures.

Medical Malpractice Lawyer

When you’ve been hurt by a medical professional, medical malpractice lawyers can help you bring a legal case forward so that you can be compensated for the harm done. A medical malpractice attorney will examine the facts of your case and determine if there is enough evidence to prove that the medical provider breached their duty of care to you. The most common medical malpractice cases include misdiagnosis, inaccurate treatment, and medical negligence.

Tax Lawyer

If you owe taxes or if you’re being sued by the IRS or other tax agency, a tax lawyer is the type of lawyer who can help you navigate the tax legal system. Tax lawyers handle tax cases involving federal, state, and local taxes. Tax fraud, tax evasion, and failure to file tax returns are all issues that an experienced tax attorney can tackle.

Civil Litigation Lawyer

There are many types of litigation lawyers, but the civil litigation lawyer one of the most commonly used. Civil litigation lawyers can help handle cases where person A is suing person B over a matter where person B caused harm to person A. The most common kinds of cases handled by a civil litigation lawyer include contract disputes, class action lawsuits, property disputes and complaints filed against a city. Civil litigation software helps attorneys stay organized and manages their cases and clients in one place.

Free Initial Consultation with Lawyer

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

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

Recent Posts

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source https://www.ascentlawfirm.com/lawyer-utah/

Utah State Constitutional Amendment

Family Law In Utah

Utah Constitutional Amendment was an amendment to the Utah state constitution that sought to define marriage as a union exclusively between a man and woman. It passed in the November 2, 2004, election, as did similar amendments in ten other states.
The amendment, which added Article 1, Section 29, to the Utah Constitution, reads:
• Marriage consists only of the legal union between a man and a woman.
• No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.
On December 20, 2013, federal judge Robert J. Shelby of the U.S. District Court for Utah struck down Amendment 3 as unconstitutional under the Due Process and Equal Protection clauses of the U.S. Constitution. Both pro and anti amendment groups formed to sway voters. The “Don’t Amend Alliance” organized in spring, much earlier than pro-amendment groups. The Alliance raised hundreds of thousands dollars, catching supporters of the amendment by surprise. They responded with the “Yes! For Marriage” group, which only began a coordinated campaign on October 5. Nonetheless, latent support for the amendment appeared high with over 60% support for the Amendment in a Salt Lake Tribune poll conducted early October.

Arguments for Amendment 3

Supporters of Amendment 3 said that the amendment would do three things:
• Prevent state courts from making a ruling that current Utah marriage legislation as being unconstitutional.
• Prevent state courts from forcing recognition of out-of-state marriages.
• Prevent the creation of “counterfeit marriages”, such as civil unions.
They also said the amendment would not hurt heterosexual marriage, common law marriages, or the right to will property to whomever one wishes.

Arguments against Amendment 3

Those opposed to the amendment say that section one of the amendment is completely unnecessary since Utah already outlaws same-sex marriage. They also say the second part of the amendment “goes too far”. They feel that it would invalidate common law marriage as well as reducing rights to will property to whomever one chooses.

Court challenge

On March 25, 2013, three same-sex couples, including one already married in Iowa, filed a lawsuit in the United States District Court for the District of Utah seeking to declare Utah’s prohibition on the recognition of same-sex marriages unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. The court heard arguments on December 4. The state argued that there was “nothing unusual” in enforcing policies that encourage “responsible procreation” and the “optimal mode of child-rearing”. Plaintiffs’ attorney contended that the policy is “based on prejudice and bias that is religiously grounded in this state”. On December 20, 2013, District Judge Robert J. Shelby struck down the same-sex marriage ban as unconstitutional and violating same-gender couples’ their rights to due process and equal protection under the Fourteenth Amendment. The ruling prevents the State from enforcing Sections 30-1-2 and 30-1-4.1 of the Utah Code and Article I, § 29 of the Utah Constitution to the extent these laws prohibit a person from marrying another person of the same sex. State Senator Jim Dabakis and his partner of 27 years were among the first same-sex couples to marry in the state. Same sex marriages were performed in Salt Lake, Washington and Cache counties on December 20. Other counties declined to grant same-sex couples their request. At least one same-sex couples planned to camp overnight at the Salt Lake County Clerk’s Office in anticipation of it opening at 8 a.m., one hour before the 9 a.m. hearing scheduled to hear a Motion for Stay submitted by the State of Utah in the 10th District Court. An Emergency Motion to Stay, which would have granted a stay pending the ruling on the stay that is the subject of a hearing scheduled for December 23, was denied December 22.
Utah Constitutional Amendment C, Changes Related to Special Legislative Sessions and State Revenue Measure (2018). A “yes” vote supported the amendment to:
• allow the state legislature, through a two-thirds vote, to call a special session of up to ten days to deal with matters such as a fiscal crisis, war, natural disaster, or other emergency;
• allow a special session of the legislature, other than the 45-day annual general session, to be held at a location other than the state capitol if it is not feasible due to a specified condition; and
• require the governor to either reduce state expenditures or convene a special legislative session if the state’s expenses exceed the state’s revenue for a fiscal year.
A “no” vote opposed amending the state constitution to:
• alter provisions related to state legislative special sessions and
• require the governor to either reduce state expenditures or convene a special legislative session if the state’s expenses exceed the state’s revenue for a fiscal year.

Measure design

As of 2018, legislative leaders could not call the state legislature into a special session. Only the governor had the power to convene a special legislative session. The Utah Constitution provides for the legislature to meet annually for a regular 45-day session and allows the Governor to convene the legislature in a special session. Constitutional Amendment C allowed the President of the Senate and Speaker of the House of Representatives to call the legislature into session for up to 10 days through a two-thirds vote of approval of legislators in each chamber to address, according to the amendment, “a persistent fiscal crisis, war, natural disaster, or emergency in the affairs of the State.” Under the measure, at least 30 days need to pass following the adjournment of the general session for legislative leaders to call a special session. Under the measure, the legislative session is prohibited from addressing matters not outlined in the proclamation to hold a session. Amendment C required that appropriations made during a special session called by the legislature cannot be greater than 1 percent of the annual budget for the preceding fiscal year. The measure also allowed special sessions to be held at a location other than the Utah State Capitol when meeting at the capitol is not feasible due to an epidemic, disaster, foreign attack, or public catastrophe.

Provisions related to state revenue and expenditures

The governor is required, under the measure, to either reduce proportionately the amount of money spent or convene a special legislative session if the state’s expenses exceed the state’s revenue for a fiscal year.

Text of measure

Ballot title

The ballot title for Constitutional Amendment C was as follows: Shall the Utah Constitution be amended to:
• authorize the Legislature to convene into a limited session if two-thirds of the Utah Senate and House members agree that convening is necessary because of a fiscal crisis, war, natural disaster, or emergency in the affairs of the state;
• require the Governor to reduce state expenditures or convene the Legislature into session if state expenses will exceed revenue for a fiscal year; and
• require a session of the Legislature, other than the 45-day annual general session, to be held at the state capitol, unless it is not feasible due to a specified condition?

Impartial analysis

The impartial analysis for Constitutional Amendment C was as follows: Constitutional Amendment C makes three main changes to the Utah Constitution.
The Amendment: allows the president of the Utah Senate and the speaker of the Utah House of Representatives to convene the Legislature into session under certain limited circumstances; requires the Governor to take certain action if the state’s expenditures will exceed revenue for a fiscal year; and requires a session of the Legislature convened by the Governor or the Legislature to be held at the state capitol in Salt Lake City unless it is not feasible due to certain circumstances.

Current Provisions of the Utah Constitution

The current Utah Constitution provides two ways for the Legislature to meet together or convene in a session to conduct the legislative business of considering and passing laws. First, the Utah Constitution requires the Legislature to meet each year in a 45-day general session. The Constitution does not place any limits on the business that the Legislature may consider during an annual general session. Second, the Constitution authorizes the Governor to convene the Legislature into session, commonly referred to as a special session, at a time other than an annual general session for no more than 30 days. The business that the Legislature may consider during a session convened by the Governor is limited to the business specified by the Governor. Other than the annual general session and a session convened by the Governor, the Utah Constitution does not provide for the convening of the Legislature into session.

Effect of Amendment C

Amendment C authorizes the Legislature to be convened into session at a time other than the 45-day annual general session or when the Governor convenes the Legislature into session. The Amendment authorizes the president of the Utah Senate and the speaker of the Utah House of Representatives to convene the Legislature into session if two-thirds of all Senate and House members are in favour of convening because in their opinion a persistent fiscal crisis, war, natural disaster, or emergency in the affairs of the state requires convening. The business that the Legislature may conduct during the session is limited to the business specified in a proclamation that the Senate president and House of Representatives speaker issue to convene the session.
Amendment C contains the following additional limitations on a session convened by the president and speaker:
• the session may not be convened within the 30 days following the completion of a 45-day annual general session;
• the session may not last more than 10 calendar days; and
• the total amount of money that the Legislature authorizes to be spent may not exceed 1% of the total amount authorized to be spent for the immediately preceding fiscal year.

Requirements if State Expenditures Exceed State Revenue

Under the current Utah Constitution, the Legislature authorizes the spending of state money for each fiscal year, which is a period beginning July 1 and ending the following June 30. The spending authorizations occur before the start of a fiscal year and are based on projections of future state revenue for that same period. The Legislature may not authorize more money to be spent during a fiscal year than the state is expected to receive during that period. If actual revenue during any fiscal year turns out to be less than the amount of money the Legislature previously authorized to be spent, the Governor may, in the manner and in the amounts chosen by the Governor, reduce the amount that state agencies spend. Alternatively, the Governor may, but is not required to, convene the Legislature into session to adjust the amount of money to be spent to match the amount of state revenue.

Effect of Amendment C

Amendment C requires the Governor to take one of two actions if the state’s expenses will exceed the state’s revenue for a fiscal year. The Governor must either reduce proportionately the amount of money spent, except for money spent for the state’s debt, or convene the Legislature into session so that the Legislature may address the revenue shortfall.

Location of Legislative Sessions

The current Utah Constitution requires each 45-day annual general session of the Legislature to be held at the state capitol in Salt Lake City and does not provide any exception to that requirement. The Constitution does not currently specify the location for a session convened by the Governor.
Constitutional Amendment C amended section 2 of Article VI, section 16 of Article VI, section 7 of Article VII, and section 5 of Article XIII of the Utah Constitution. The following underlined text was added, and struck-through text was deleted: Article VI, Section 2. [Time and location of annual general sessions — Location of sessions convened by the Governor or Legislature — Sessions convened by the Legislature.]
• Annual general sessions of the Legislature shall be held at the seat of government and shall begin on the fourth Monday in January.
• A session convened by the Legislature under Subsection
• shall be held at the seat of government, unless convening at the seat of government is not feasible due to epidemic, natural or human-caused disaster, enemy attack, or other public catastrophe.

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

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

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Utah Lawyer Defends Clients

Utah Lawyer Defends Clients

Salt Lake City attorney gives reliable advice to spouses and parents.

Utah family law problems are too important for you to depend a novice. — You know, someone who has no idea what they are doing. You need a competent lawyer who incorporates aggressive litigation tactics with thoughtful recommendations.

Whether you’re finishing a marriage or looking for custodianship of your kid, you must get a lawyer who protects your civil liberties and rights. In Salt Lake City, Mike Anderson (me) is dedicated to providing a favorable result to Utah citizens facing domestic lawsuits, child custody cases and divorces. We also do pre-nups, legal separation as well as child support disputes. With many years of legal experience, our team has the understanding as well as track record to craft innovative remedies to difficult problems, and I never forget the personal struggles my clients and their children encounter.

Accomplished Attorney takes care of divorce as well as child custody cases in Utah

Regardless of just how difficult your separation or various other family situation may appear, you can trust me to manage it properly. People throughout West Jordan Utah and surrounding areas rely upon my practice for lots of reasons, including its:

Area track record— Because from the moment we passed the bar exam, we have fought for the legal rights of our clients and their kids through skillful lawsuits and also hard work. Peers as well as associates in Salt Lake City and all along the Wasatch Front identify our ability to acquire outstanding results because we will not pull back or give up!

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Everyone is entitled to competent legal advise from a seasoned advocate, so I provide a free initial consultation to assist you in making the decision in your case. Facts are important and because every fact is different and every case is different, you’re case will be treated uniquely because each case is unique.

Top Rated Attorney Represents People in Divorce Cases

I help people in every aspect of their life. For example, we do:

Litigation / Lawsuits — For a full service to remedy family law problems, we deliver well-informed guidance in a comfortable, caring environment. Whether you need help with divorce, child custody, child support, pre-nups, adoptions, etc. we are here for you.

Divorce– Ending a marriage is a challenging choice and it can be life changing and sad. We will assist you with the separation process to make sure that you and also your children are fully protected by the law.

Child custody– Absolutely nothing is more crucial compared to providing a safe, helpful environment for minor children. In guardianship cases or child custody situations, I work to protect the needs of parents and their children.

Whatever you need, you could rely on the entire staff of our office to treat you and every client as if you are our only client.

Call me when you are ready for legal help –

Mike Anderson Utah Divorce Lawyer

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507

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