Month: March 2016

Utah Allows No Fault Divorce

Utah Allows No Fault Divorce

Utah Allows No Fault or Fault Divorces

In most states including Utah, it is allowed to have a no fault or a Fault based dissolution of marriage. There is a fast track called no-fault in which they go fast. This is due largely to couples determining that they agree they want the marriage dissolved. Therefore, no blame is addressed or assigned on and the contention is alleviated. The nice part of a no-fault divorce is the lowered cost. Most no-fault divorces will site irreconcilable differences as the reason for the divorce. Another choice is if the parties have been living apart for a minimum of three years with an order issued in any other state. Divorce lawyer in utah

If the parties cannot agree on this there are several other categories under fault based grounds. These include: Divorce attorney salt lake city

An inability to perform sexually. This can be during anytime in the marriage.

Affairs and Adultery

Deserting: One willfully deserts the other in excess of one year

Neglecting: One willfully neglects the other refusing to provide or work

Severe Alcohol Abuse: For more than one year

Felony Convictions

Extreme Cruelty

Incurable Insanity

Utah Allows No Fault Divorce

When meeting with your American Fork Divorce Lawyer, or your Ogden Divorce Attorney make sure you have all of your notes ready. Most couples in Utah will have a No-Fault Divorce as finding fault can include lengthy litigations. Attorneys in salt lake cityBest divorce attorney in utah

If children are involved there is another aspect to divorce that gets little to no guidance on how to handle communications in regard to children. It is important to make sure that the children are heard as well. Check out this site for some successful tips for coparentingSalt lake city attorneyLawyers in utahSalt lake city divorce

As with all instances in life, only the parties can decide what is the best route to go when opting for divorce. Try some of these communication techniques when discussing how to move forward. As always, An American Fork Divorce Attorney or Ogden Divorce Lawyer can help you decide the legal strategy for filing and moving through your divorce.

Utah Allows No Fault Divorce

DUI Lawyers in Salt Lake City

Potential DUI Law Changes in Utah for 2015

Potential DUI Law Changes in Utah for 2015

The legislature is in session for  2015.  SB150 is seeking to again modify the existing DUI Laws in the State of Utah.  To summarize it appears that  four areas are being adjusted.  If passed the bill will:

  1.   prevent a second time offense from being plead down to an impaired driving.
  2.  Get a screening and assessment for a Felony DUI and appropriate treatment.
  3.  Extend the ignition interlock device requirement to 10 years.
  4.  Make it a crime to drive without an ignition interlock if ordered to do so.

Potential DUI Law Changes in Utah for 2015

The first requirement would make it difficult on prosecutors when the facts would warrant a plea deal to an impaired driving.   If the prosecutor’s ability to plea bargain is taken away, then more people will have no choice but to go to trial and waste time and money.  If they win at trial, then there is no education that could otherwise be beneficial, no rehabilitation, restitution and/or other consequences.  Whereas, a plea to a an impaired driving on a second offense would still require rehabilitative measures.  Hopefully preventing any further DUI’s on our State roads and highways.The second issue is a change in the law because the discretion was taken away on appropriate treatment., but instead requires a mandatory assessment to be completed. The law now requires intensive mandatory treatment that may not be appropriate and in some cases can be expensive.The third issue in my opinion is too extreme and over the top.  Currently in Utah, a person convicted of a DUI is Ignition interlock restricted for 18 months by the Utah DLD.  This gives the first time offender 18 months to deal with the pain and suffering of paying for monitored starting of their vehicle.  The ignition interlock machine is expensive to install, expensive to monitor on a monthly basis.  This issue simply pads the pockets of the ignition interlock companies.

The last issue makes yet another crime on the books for driving a car without an ignition interlock.This bill was put on hold for the moment because the feds are telling Utah that our DUI laws are not strict enough.  NOT Strict enough?  We have no employment license to drive like other states, we send people to prison after just three DUIs, our fines are steep, and  the cost is unbearable for a person to survive when they lose their job, their license and can’t drive.  How do they expect someone to pay all of their fees, costs and counseling when they take away the individuals ability to drive, the legislature might as well take away the individuals job because he/she can’t drive and work.  It becomes impossible for some to bear the financial burden and sets too many people up to fail rather then focusing on rehabilitating.

Potential DUI Law Changes in Utah for 2015

Utah Death Penalty Under Review

In February, Senate Committee approved a bill on a vote of 5 to 2 that would abolish the death penalty in Utah.  As you may know, UACDL has officially opposed the death penalty and has been seeking to end it in the state.

The bill  has now gone to the Senate and has not been heard in this hearing  The Legislative Committee will continue to work on this measure and urge legislators to end this wasteful, expensive tool and to redirect tax dollars to reducing crime and recidivism.

If you are not familiar with the Bill? Here is a link:  http://le.utah.gov/~2016/bills/static/SB0189.html

Many lawmakers have stood behind this bill’s amendment to include different criminal charges some of which are included in House Bill 136, sponsored by Rep. Paul Ray (R-Clearfield). This is a necessary measure that would ensure human traffickers the death pnalty when and if an individul child or adult is killed. This includes an unconditional clause where they are still held accountable even if they were not directly involved with victim who died.

These bills were not heard in this most recent legislative session, which ended March 10th. The legislators believe that  it warrants more discussion and review than time allotted for. We shall await this interesting topic, which may change the entire landscape of Capital Crimes.