How to Get a Divorce When you are Struggling Financially

It’s very difficult ending a long-term relationship and even more when doing so will put a toll on your finances. This is particularly true for stay-at-home moms who are financially dependent on their spouses. Divorce can be a costly process, particularly when children are involved. But there are ways to alleviate these financial burdens and strategically plan a successful divorce with the help of a Salt Lake City divorce attorney.

SOME THINGS THAT MAY HELP IN DIVORCE

• Let’s start with your joint credit cards and any other department store card. You should cancel them before the divorce takes place. This will avoid a common problem divorcees have in court where a spouse is held responsible for the other going on a shopping spree.
• Use joint funds to fix your car, home improvement projects, buying clothes for your children, or any other necessity. It’s best getting a divorce with everything fixed otherwise you will have to argue with your ex about who should cover these expenses.
• Open a PO Box where all important correspondence with your attorney is kept safe.

SAVING MONEY

You can open an account in your name and save some money. You will eventually tell your ex but remember this money can help you pay for your divorce. It’s also helpful to apply for your own credit cards. It will help you establish your credit and help you find financial stability after all joint accounts are canceled. If you need some cash now, you can always borrow money from trusted sources.

MAKE SURE YOU GATHER IMPORTANT DOCUMENTS

Keep copies of your taxes, wills, financial statements, loan applications, insurance, car registration, etc. Even if you are not sure about getting a divorce, have these documents ready. Keeping an eye on your finances may help you get a good settlement. Keep a copy of all records of separate property, including gifts and inheritance. This belongs to you but you must prove is yours.

ALIMONY AND CHILD SUPPORT

Don’t relinquish your right to spousal support even when you think you don’t deserve it. If you waived your rights, you won’t be able to get them back. Instead of receiving monthly payments consider receiving a lump sum. Remember those monthly payments may never make it to your bank account. Avoid child support fights as it can get very costly. Tell your attorney you will rather follow the local guidelines.

MARITAL PROPERTY

Think about the stuff that you really want to keep. Don’t become greedy. It may be nice to keep your home but it’ll also cost you to maintain it. Think within your budget. Think about your degrees and their value and don’t forget assets such as vacation, flyer miles, subscriptions to magazines, timeshares, and insurances as they also have value that can be shared between both spouses.

HOW DO I PREPARE MY DOMESTIC VIOLENCE CASE?

When a person has been abused by someone he or she loves and trusts, it may take a great deal of effort to speak out. Often, victims are groomed by the perpetrators to believe that they deserved the abusive behavior. When he or she finally faces that person in court, it can be an intimidating event. There are guidelines that may be helpful to Utah residents who have experienced domestic violence at the hands of someone they care for that may offer them peace of mind.

Contacting any witnesses who may have seen the abuse occur or the injuries that resulted can contribute to a victim’s case, as testimony can be helpful in proving what happened. Any evidence or documentation that shows that abuse took place is important. This could include medical records, court testimony and police reports. Dated photos of injuries, 911-call audio tapes and other records are also relevant. If a victim does not have any of these, his or her testimony is still considered evidence and is very important.
Victims may find it beneficial to practice telling what happened prior to being asked to do so in court. It can help calm one’s nerves and help to recall any additional details that might have been forgotten. Being specific about what occurred and focusing on relevant information is crucial. Though it can be an emotional event — and there is nothing wrong with feeling emotional — it is still important to observe courtroom etiquette, such as being on time, being prepared and dressing appropriately. Concentrating on the truth and knowing that it is okay to not know the answer to or understand a question may be reassuring to victims.

There are many other helpful tips for pursuing a domestic violence case. Any Utah residents who are pursuing these types of charges as part of divorce proceedings may benefit from the advice of those who are experienced in this area. It may be difficult, but it can also be the first step to a new future.

Free Consultation with Divorce Lawyer in Utah

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

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: http://www.ascentlawfirm.com/how-to-get-a-divorce-when-you-are-struggling-financially/

Can I Be Denied a Job Because of Bankruptcy?

If you have a job, need to file bankruptcy, and are worried about getting fired because of it, you probably shouldn’t be. The U.S. Bankruptcy Code prevents employers from firing you just because you have filed for bankruptcy. However, if you are a job seeker, need to file bankruptcy, and are worried about being denied a job, you might have cause for concern.

It May Depend on Your Employer

Under the current state of the law, a private employer can deny you a job if you are currently in or have filed for bankruptcy, whereas a public employer cannot. Section 525(a) of the Bankruptcy Code provides:

a governmental unit may not . . . deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title [Title 11] or a bankrupt or a debtor under the Bankruptcy Act.

Notice that section 525(a) applies only to public employers. The behavior of private employers is governed by section 525(b), which prohibits discrimination based on bankruptcy, but does not contain the language of 525(a), which addresses denying employment to a debtor based on a bankruptcy filing. The bankruptcy code has this to say about discrimination by private employers:

No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt

Private Employers Denying a Job Based on Bankruptcy

Although a plain reading of 525(b) would seem to prevent denial of employment by private employers based on bankruptcy, the case law actually trends in the opposite direction. The great majority of cases have held that private employers are not subject to liability under Section 525(b) for a denial of employment. See Rea v. Federated Investors, 627 F.3d 937 (3d Cir. 2010)

In Re Uplinger

In a recent case out of Virginia, In Re Uplinger, a Chapter 7 debtor alleged that the U.S. Department of Immigration discriminated against her in job interviews because of her bankruptcy filing. In dismissing the case, the court noted that the debtor, Ms. Uplinger, had not applied for employment with the U.S. Department of Immigration, but rather with a government contractor known as U.S. Investigation Services. The court found that U.S. Investigation Services did not qualify as a public employer and therefore section 525(a)of the bankruptcy code did not apply.

The Court can find no support for the application of Section 525(a) to a governmental unit where the applicant applied for a job with a government contractor.

Instead, the court found that section 525(b) applied and that U.S. Investigation Services was a private employer permitted to deny Ms. Uplinger employment based on her bankruptcy filing. While it wasn’t clear from the record that Ms. Uplinger was denied a job solely because of her bankruptcy filing, representatives from U.S. Investigation Services did download a copy of her credit report prior to interviewing her.

Practical Considerations on Bankruptcy and Jobs

While this article places a spotlight on bankruptcy, as a practical matter, an employer’s hiring or firing decision will be based on numerous factors. Although employers may review a candidate’s credit score or financial history during a screening process, it is important to remember that other factors such as experience, education and personal demeanor will also play a large part in getting a job.

Just because an employer has the right to deny you a job because of a bankruptcy does not mean that an employer will deny you a job because of bankruptcy. While the bankruptcy code’s uniform prohibition on termination due to bankruptcy provides greater protection to those who are already employed, it can be difficult to prove that a firing was motivated by bankruptcy if there are other documented issues, such as a poor attendance record.

The bottom line is that the importance of bankruptcy to a potential employer will hinge on the type of job you’re seeking as well as the substance of your resume. A bankruptcy may be more important to an employer who is hiring you in a fiduciary role than it is to someone who is hiring you into a retail or service industry position.

Free Consultation with a Utah Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have a lot of experience and want to help you with your case. We can help you now. Come in or call in for your free initial consultation.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Establishing Legal Paternity in Utah for Child Support

Because I am a lawyer in Utah, I’m often asked about issues with child custody and child support. When it comes to child support in Utah, both parents are responsible for ensuring their child has sufficient funds. It becomes a more complicated matter if legal paternity is not established, even if the biological father is known.

Despite being the biological father, without official paternal establishment, a man does not have the legal rights or responsibilities of being a father. These include custody, visitation and child support. In order to establish the rights of the father, there is a formal application process for legal paternity. This typically requires submitting some paperwork and might also include a DNA paternity test, depending on the support of the mother.

According to Paternity Matters, in Utah, the definition of paternity includes the legal recognition of the father. The state, the child, the mother or the biological father might initiate this process. It is typically done through submitting the Voluntary Declaration of Paternity, which is issued by the Department of Health, Office of Vital Records and Statistics. It is provided free of service at the birth of the child, but can be submitted at any time after the birth for a fee.

For this to be done, both parents must hear a message or watch a movie, read the official legal notice and then sign the document with witnesses. This establishes legal paternity, which also adds the father’s name to the child’s birth certificate. After this document is submitted, the legal father will be responsible for child support, so the mother has the right to file an order.

Paternity establishment typically occurs when a woman is unmarried, since for married women, the paternity is assumed to belong to the husband. If this is not the case, then a Utah Voluntary Declaration of Paternity or some other legal order provides the paternity rights to the biological father rather than the husband. This information is intended to educate only and should not be considered legal advice.

COLLABORATIVE LAW WELL-SUITED FOR MATURE DIVORCES

Because couples experience so many different fond memories and difficult times together, no two Utah marriages are the same. And because of that, every divorce is also unique. As it turns out, collaborative divorce may be particularly fitting for one specific demographic of couples across the country since the group is faced with several unique opportunities and challenges during the divorce process.

Since collaborative divorce incorporates several legal and financial resources into the process, relying on the valuable insight of figures like financial advisors and experienced family law attorneys to help divorcing parties come to a mutual agreement on their own, it’s an effective option for couples seeking a divorce after many years of marriage. The number of long-term married couples filing for divorce has increased considerably in recent years, and many of which do so because they feel disconnected from one another after their children leave home. As a result, these couples do not experience many of the issues that contribute to other divorces and divorce disputes.

Despite the fact that older couples in the midst of divorce proceedings may not typically come across such issues as child custody and/or support arrangements, they may encounter concerns over factors like spousal support. Alimony is often considered in cases where one party relied on the financial support of the other, but such arrangements are often temporary. Therefore, it is in the best interest of individuals to think about how their collaborative divorce may affect their financial situation.

Given that so many people are living full and productive lives well into their later years, it’s important that sound legal counsel is obtained to help ensure that those seeking divorce after decades of marriage come to a fair and reasonable agreement.

Free Consultation with Child Support Lawyer

If you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will aggressively fight for you.

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

Ascent Law LLC

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Utah Foreclosure Process Explained

As a real estate attorney, we are often asked about how foreclosures work in Utah and how to stop them or do them. Utah foreclosure laws are among the nation’s most complex but are also fairly consumer friendly. In this post, we will attempt to provide good answers to the most common questions Utah residents have about the foreclosure process, both before and after a sale.

A Brief Introduction to Mortgages

In order to fully grasp the information in this post, it’s important to understand the basics of a mortgage. Most people say “I’m paying my mortgage.” What they actually mean is that they’re paying their note. The mortgage is the legal instrument that gives your lender the right to foreclose when you don’t pay the note, which is the instrument that evidences the debt. Mortgage and note are two separate things. This is an important distinction because in many jurisdictions, lenders have two ways of getting their money back from a homeowner who has fallen behind: they can either foreclose and sell the property OR try to enforce the note by suing the borrower personally. Sometimes they’ll try do both at the same time, but not in Utah thanks to the one action rule.

Utah’s One Action Rule: Your Lender Must Foreclose First

There can be but one form of action for the recovery of any debt or the enforcement of any right secured by a mortgage upon real property.”

What does this mean? In Utah, lenders are prohibited from simultaneously suing for the outstanding mortgage balance and foreclosing at the same time. A judicial foreclosure must take place in the same action as the pursuit of a deficiency judgment. Only after the proceeds from the foreclosure sale have been applied to what is owed can a lender seek a judgment on the remaining debt. To put it in plain English, when you get behind on your mortgage, your lender must foreclose first, they cannot sue you personally or attach money in your bank accounts before they have foreclosed on your home. Known as the “security first” rule, the law is intended to shield Utahns from multiple harassing lawsuits by lenders. Be aware that the one action rule does not apply in cases where a second mortgage lender’s security interest has been wiped out due to the first mortgage lender foreclosing.

OK, That’s Great My Lender Has to Foreclose First, But Can They Come After Me For a Deficiency Judgment? Doesn’t Utah Have an Anti-Deficiency Law?

Yes, there is an anti-deficiency statute. In Utah, your lender cannot pursue you for a deficiency judgment if the following conditions are met (which can be changed by the legislature at any given time):

1. You were living in the home (that contains no more than 4 units if a multi-family property) when you were foreclosed on;
2. The mortgage was made to finance the purchase of your home
3. Your home was foreclosed on by non-judicial foreclosure (power of sale)

The first requirement, that you live in your home, is easy to understand and satisfy. The Utah anti-deficiency law is meant to shield homeowners from deficiency judgments, not investors. If you are the owner of a 100 unit apartment building and live in one of the units, your lender will still be able to seek a deficiency after foreclosure. In this example, you’re obviously a real estate investor. If, on the other hand, you live in your home and rent out an apartment upstairs, your lender cannot seek a deficiency because your home only constitutes two units.

The next requirement, that your mortgage was a purchase money mortgage, means that if your mortgage loan was taken out to purchase your home, you are shielded from a deficiency action. If you took out a second mortgage to tap into home equity, your lender can still sue for a deficiency.

The last requirement, that your home was foreclosed on by power of sale, means your home was sold pursuant to a deed of trust without any court oversight. The vast majority of Utah foreclosures are performed in this manner. Lenders prefer power of sale foreclosure because they are much less expensive, faster, and do not require a judge’s approval. If your lender wishes to pursue a deficiency judgment, they must do so through judicial foreclosure.

Free Initial Consultation with Foreclosure Lawyer

When you need help from a foreclosure real estate lawyer, 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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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!

Receptive interaction— Our goal is that your call is returned within 24 Hr and each of your concerns is addressed in a clear, insightful way. I will work within parameters because I want to help you accomplish your goals. We use an online facebook type client system that allows you to send messages to me at 1 in the morning or review your legal papers 24/7.

Caring advice— I offer personal service to each client I represent, so you never ever need to question that I am on your side and we are working together to accomplish your desires. Each case is managed in a fashion that is focused on attaining your specific purposes. I identify how essential the outcome of your family law or divorce issue is to you and your family.

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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Do I Need An Attorney To Get Divorced in Utah?

Do I Need An Attorney To Get Divorced in Utah?

No, you do not need an attorney to get divorced in Utah.

BUT…. you may want to talk to one or hire one anyway…

Let me explain.

Legal words and legal terminology can be very different than what is used in common language. Sometimes you think something has a specific meaning and in the law it can have a completely different meaning.

Additionally, if you have not gone through law school, taken and passed a bar exam, and studied the relevant portions of the family law code in Utah; then you probably do not fully understand your legal rights in a divorce case.

Quiet honestly, you could work out your own divorce case, if both you and your partner settle on all the issues of the divorce; however, I would certainly advise that you have a lawyer.

Here is an Example:

We had a client come in who had an amicable divorce and she showed us her divorce papers from about 8 years ago. They had owned a home and he agreed to sell it and give her half of the equity in the home. Here’s the problem. He told her that, but nothing was mentioned about the house in the divorce decree.

Thant’s right – it was omitted! Nothing – Nada – Zip!

So what do you do?

He had since sold the house and not given her a penny. Of course, it was not just her word against his… but still… she got nothing! and the divorce decree was silent on the issue.

We, we go back to court. This time, she has us on her side and we plan on getting her half of the equity.

But think about it – if she had used an attorney, the house would have been listed and how the house was going to be disposed of and who was going to receive what money would have been in there completely.

This is just one example.

Conclusion

In conclusion, it is a good idea to have someone who recognizes and knows the law as well as the court system to help you. For those who say it is too expensive, think of the consequences if it is not done right. I think you should get help from a family member if funds are tight, better to do it right than to regret it later. You should always hire an attorney to help you.

Thanks for visiting and if you have a question about family law or divorce, please give us a call.

Divorce in Utah

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

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How Do I Change My Divorce Decree?

How Do I Change My Divorce Decree?

A client asked me after we finished his case, how do I change my divorce decree?

As soon as the court enters a decree of divorce, it might be changed only if you can show that there has actually been a considerable as well as material change in circumstances from the time the decree of divorce was entered.

What is a Substantial Change in Circumstances?

Think for a huge adjustment in one party’s income, or the fact that one party moves from the Utah to California.

This is a substantial change in

Once the court finds that there is a significant change in conditions, then it has to establish exactly what the order needs to be. When a court looks at changing child custody for example, the court will constantly base its decision on the best interest of the kids. You’ve heard of the best interests of the child standard – that still applies here. In case of a substantial change, you need to file a petition to modify decree of divorce with the court. There is a filing fee and then a summons is issued and your ex is served with the modification petition.

It is very similar to staring your divorce case all over again.

If you need help modifying or changing your divorce decree, please give us a call.

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

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