Month: July 2016

When Divorce May Be the Best Option

When Divorce May Be the Best Option

When thinking about getting a divorce many things may cross your mind. Maybe you have moments of relief or extreme fear about it. This all is happening and the feelings are real. You haven’t yet signed the papers yet and you are still on the fence. Sometimes there are options but what about then divorcing is the best option you have. Are there any positive parts to divorce?

Everything has an upside, even divorce. Sure, you are fighting to make it a happily ever after fairytale ending to your life. You wanted it all and expected it to last. You are not the type to divorce. Neither is anyone else. They truth is no one who enters into a marriage does so expecting a divorce. People and circumstances change. Sometimes tremendous personal growth will dissolve a marriage. Is the glass half full or half empty? Sometimes you just are grateful to have something to drink.

Celebrate its benefits here and now. For instance, know that divorce can be beneficial to your health, make you more financially independent and wealthier in the long run. It can also allow you better chances at making future marriages have better outcomes.  Depending on your situation your Ogden Divorce Lawyer or your American Fork Divorce Lawyer can help you understand your financial standing during the divorce.

Many reasons exist for divorcing a spouse. No one can argue that it a difficult decision. It comes with crushed dreams, disagreements, disappointment, and yet it still turns out to be the best option for most people who go through with a divorce.  In some situations it is more of a perspective change on where the individuals are in their journey of life and where they want to go in the future.

When Divorce May Be the Best Option

Beneficial reasons for a divorce include righting the initial wrong decision. That would be the case maybe where there are no children and no real high dollar assets. It is simply agreeing to move on mutually.

The greatest benefit is life lessons that are learned. It is often called the starter marriage because people usually move along fairly easily materialistically speaking. Of course, wherever the heart is concerned, breakups are difficult.

For others, the process is more complex and involves facing down fear. There is the fear of being alone, realizing the wrong you have done and that it might get better or turn a corner. Yet, what often happens when people overstay in a dead relationship is that they miss out on their own growth.  When of the largest benefits to a divorce that is necessary is the re-energizing of personal emotional development. Life has a way of moving forward. Sometimes we have the same people on our journey and often times they are in our life to help us learn and grow.

Marriage either grows with you or it does not. Often times, people who have just raised their kids will get divorced once they become empty nesters. Their shared goal is done and their relationship was long gone.

The first benefit that people who embrace divorce are offered up is that of happiness in individuality. Happiness keeps you at your best, and improves the lives of those around you too. It makes your live and prospects for longevity better.

People who are free of marriage may feel good for years just by having their lives back to themselves. Beyond enjoying a more joyous existence, your body and mind will be in better condition for having relieved yourself from your marital situation, financial strain and loss of self-identity.

Marriage is often looked upon for providing health benefits, but it is definitely not beneficial to your health to stay in bad and miserable wedlock. You deserve to be happy, and receiving benefits from a marriage depends heavily on the good qualities of the relationship.

Another feeling most people have is the sentiment that any marriage is better when compared with having no marriage.

Living in your home with your worst antagonist is probably not the way to realize good health over the long term. It turns out that if you would have stayed in such a situation, you would have had to deal with an increased rate of heart disease, cancer, diabetes arthritis, and even depression. Celebrate yourself just for choosing divorce if this applied to your marriage.

Now you are back to having sole control over your life, financially speaking. Again, the mainstream says that marriage is the best financial position to take. Sure you receive optimal tax breaks as well when you are married.

When Divorce May Be the Best Option

You were sharing expenses. Yet, the real question is what was it costing you in quality of your life? Sometimes divorce is financially beneficial.

Yes, your kids notice. It may take them some time but soon they will see a more confident individual parent who can make good informed choices and be an active participant in their lives.  Be more like them in some respects. They are probably disappointed and sad just like you are, but they enjoy the new life with peace and quiet. They do not like the chaos-filled life of conflict.

Your kids are not necessarily happier when you are in a bad relationship. They like to see you be who you want to be. They want to live in an environment where people are not mad or living in tension.

Another way that the kids’ lives improves is that they may have the cool benefit of having two places to call their own. They may make more friends this way. In addition, kids may enjoy more uninterrupted one-on-one time too.  Sometimes without the stress parents can focus on their children’s needs more often and with a greater concern.

For instance, they can go to mom’s or dad’s house. The conflict and tension is gone and now they can relax and enjoy their parents separately and calmly. The added benefit to having two homes is the increase of personal identification and resources.

Other times it is beneficial to the kids because they may learn more independence skills. They may start to think more for themselves and become more independent and even confident in themselves in some ways.

Making big decisions that improve your lives will make you part hero to your kids. Sure, they might wish everyone was still together, however their reality is much better then the previous chaos they once knew as home, they know divorce is better when everyone can grow, learn and be who they intend to be.

Fortunately, life goes on and you are living in your own life again. It means you can go back out into the world and date again when you are ready. Move on and make the most of it. Find the parts of your life that have improved from the day you signed the divorce papers

Divorce is no one’s goal when they get married. It is something that happens after a long period of wondering what to do and exhausting all resources. After wondering enough about which way to go, the couple who decide to split up might be doing their lives and the lives of their children the most good.

That is part of the reason that people can look forward to divorce. It might mean that they can look forward to a better life. Ask your Ogden Divorce Attorney or your American Fork Divorce Attorneytoday about how to file.

Call your Ogden Divorce Lawyer at 801-436-5757

What is an Assault?

What is an Assault?

Assault

Under 76-5-102, there are 3 scenarios which are grounds for an assault charge:

  1. adeliberate attempt to cause physical injury to another individual, through either violence or unlawful force;
  2. athreat to cause physical injury to another individual, when accompanied by a display of violence or force; or
  3. causing physical injuryto another individual, or causing a large risk of physical injury to another individual, through use of violence or unlawful force

Pursuant to 76-5-102, an individual does not have to actually assault somebody else for their crime to be considered assault.  A simple threat or attempt can be enough.

Normally, the crime of assault is considered to be a Class B Misdemeanor in the state of Utah, punishable by:

  • up to six months in jail

There are also two scenarios in which the crime of assault becomes a Class A Misdemeanor, which incurs harsher penalties. The two scenarios are:

  1. an individual causessubstantial physical injury to another individual
  2. an individualknowingly and deliberately assaults a pregnant woman

In Utah, a Class A Misdemeanor is punishable by:

  • up to one year in jail

Compared with a Class B Misdemeanor, the maximum jail sentence doubles, and the maximum fine is nearly three times higher.

Aggravated Assault in Utah

Assault and aggravated assault are not the same crime — and in the eyes of the law, aggravated assault is much more serious. The crime of aggravated assault is set forth under 76-5-103.  A crime is aggravated assault when an individual commits simple assault as defined by 76-5-102, and also either:

  • uses a dangerous weapon (under 76-1-601, a “dangerous weapon” is any item which can cause death or serious physical injury, or a false imitation “weapon” which the victim believes to be a real threat)
  • uses any other means that is likely to result in death or serious injury of the victim

The severity of the charge — and its associated punishment — is determined by the level of injury sustained by the victim. Even if, in the best case scenario, the victim is not seriously injured, aggravated assault is still a very serious crime to be convicted of. Where the victim does not sustain serious physical injury, aggravated assault is a 3rd Degree Felony, punishable by:

  • up to five years in prison

If the victim does sustain serious physical injury, it is a 2nd Degree Felony, and the penalties become worse, reaching potential maximums of:

  • up to 15 years in prison

Domestic Violence and Gun Ownership

A classification of assault is domestic violence (i.e. violence against a spouse, boyfriend, girlfriend, family member, or other cohabitant). Under federal law, any resident of Utah who is charged with committing a crime of domestic violence loses their gun privileges for life. This includes the use of a gun related to:

  • hunting
  • sporting
  • military service
  • law enforcement

If a member of law enforcement or the military is charged with domestic violence, they will be discharged from serving.

If an individual who has lost their gun privileges as a penalty for committing domestic violenceis found to be in possession of a gun, or even ammunition, it is a federal felony offense.

Misdemeanor convictions are serious — and felony convictions are even worse. If you are facing allegations of assault, aggravated assault, or domestic violence in Utah contact our attorneys today. Your initial consultation is free.

STALKING: What is it?

STALKING: What is it?

STALKING: What is it?

Under Utah criminal laws (UCC 76-5-106.5), stalking is defined as intentionally or knowingly engaging in a course of conduct directed at a specific person and knowing that such conduct would cause a reasonable person to

1.  Fear for their safety or the safety of another, or
2.  Suffer emotional stress.

You can also be found guilty of stalking for violating an already existing stalking injunction.

Generally, for a first offense, stalking is charged as a Class A Misdemeanor and carries up to 1 year in jail and a potential $2,500 fine.  See UCC 76-5-106.5

However, if this isn’t your first stalking offense, if you’ve violated laws against the same victim, or if the act was done in violation of a permanent stalking injunction, the charge can and most likely will be increased to a 3rd Degree Felony.  A felony in Utah the 3rd degree level has a potential prison sentence of up to 5 years and upt to a $5,000 fine. See UCC 76-5-106.5

Stalking can even be elevated to a 2nd Degree Felony if the alleged crime was done with a dangerous weapon or you have 2 or more prior convictions for similar offenses. This felony crime carries a potential 15 years in prison and $10,000 in fines.

STALKING: What is it?

STALKING: What is it?
STALKING: What is it?

You should also know that it is not  it is not a defense to say that you were not given actual notice that the course of conduct was unwanted; or that you did not intend to cause the victim fear or other emotional distress.  See UCC 76-5-106.5

The stalking laws of Utah are fairly complex and discussing your case with an attorney with our office will help you get a better idea of the outcome you are facing and why you’ve been charged with a particular offense.   We are here to help you.

Stalking cases typically happen between two people who know each other.  Often times, the person suspected of committing a crime doesn’t understand why they have been arrested and charged—they see it all as a misunderstanding. Unfortunately, misunderstandings like these can have disastrous consequences. When you are accused of stalking or harassing someone, a criminal defense attorney can help you fight the charges to minimize their impact on your life.

Maybe you admit you made a mistake.  Or you may feel like the alleged victim is making up lies about you in order to get you into trouble. We will listen to your side of the story and work to get you the best results possible in court.  It is vitally important that if you have a civil stalking injunction against you, that you stay away from any protected parties.  STAY AWAY, we can help sort out the details later but for the immediate future obey the Judge’s orders and STAY AWAY.   Contact our office today for a free consultation on any charges you may have received.

STALKING: What is it?

A Child Guide To Utah Divorce

Parenting During Divorce

Parenting During Divorce

After a divorce, often times one can find  it  difficult to be the person that you once were. You are reminded when even the simplest of tasks begins to wear on you. Especially when you are now supporting yourself and your children on your own on a daily basis. Utah divorce lawyer You may have financial support but the absence of a second parent in the home rings clear and you are reminded of the help the other offered or aided in. In an article from the Huffington post one mother describes different parenting groups that many women fall into after divorce. The title of this article is Post Divorce Parenting: How to be a Smarter Mom, Not a Martyr Mom. Divorce attorney salt lake city

When if comes to managing schedules and filling time it is difficult to do the things you once did effortlessly and sometimes the guilt overrides rational decisions. With the rise in divorce rates and the blending of families many are opting for helicopter parenting to ensure their children are not falling through the cracks. Attorneys in salt lake city

There are varying emotional stages during and after the divorce that many do not understand or acknowledge. The frustration you are feeling at the beginning my begin to subside the farther along you are in the journey. Divorce attorneys in salt lake city

Here are Some Tips to stay calm and reserved during your divorce could include:

Parenting During Divorce

*Having a great social network Meetup.com -this is not a dating site. it is a place to find activites with other people with similar interests like hiking, biking, dancing, cooking. Family law attorney salt lake city

*Working out at home or the gym  

*Finding hobbies or refreshing old ones that you once loved

*Making goals for yourself

*Counseling and Life Coaching

*Meditation, Yoga, Pilates

*Playdate groups

 

An Ogden Family Law Attorney or an American Fork Family Law Attorney would be happy to help you with resources on how to win at parenting after divorce. Salt lake city divorce

Parenting During Divorce

How do I know if my DUI Breath Test is Valid?

How do I know if my DUI Breath Test is Valid?

DUI Breath test Utah
DUI Breath test Utah

suspect that a person has been driving under the influence, they must have proof in order to make an arrest. One common test that police use is a breath test. This test measures the person’s blood alcohol content level to determine if it is above the legal limit or not. However, if the test is not used correctly then the results can be affected and a person could be wrongly accused.

Under Utah Administrative Code R714-500-7, analytical results of breath alcohol concentration tests will only be valid if certain requirements are met. Under this rule, the person administrating the test must by a certified operator or technician. Under Administrative Code R714-500-8, this means that the officer must have completed at least eight hours of training on DUI laws, the effect of alcohol on a person’s body, how the breath test works. The officer must also perform several simulated tests. This certification must be redone every three years in order to be a certified operator.

In addition to those requirements, the test will only be valid if the results are measured using breath specimens that are either end expiratory or alveolar in nature. The instrument used to test a person’s breath must also print out the results and those results must be kept by officer who operated the machine or the department’s evidence custodian. Additionally, the instrument used by the police officer to measure the BAC level of a person’s breath must be certified under Administrative Code R714-500-6.

If these requirements are not met, then the results could be invalidated in court. Without valid results, the prosecutor will not be able to use the results of the breath test to obtain a conviction. People facing DUI charges, should therefore, make sure that these requirements were followed during their breath test as part of their criminal defense strategy.

At Stevens & Gailey, P.C. we are here to fight for your rights in obtaining the best resolution of your DUI charge.  Call us today for your free consultation.

Source: Utah Department of Administrative Services, “Utah Administrative Code Rule R714-500 Chemical Analysis Standards and Training,” accessed on Aug. 8, 2014

Divorce: Remaking Your Life Blog Stevens & Gailey

Divorce: Remaking Your Life

Divorce: Remaking Your Life

Divorce is never an easy decision. It affects not only the couple, but also those around them. From children to in-laws and friends it affects everyone. Divorce lawyer in utah

The holiday’s are rapidly approaching and if you’ve recently gone through a divorce, you’re likely feeling like you’d rather avoid the holiday’s. This guide can help you to remake your life and look forward to the holiday’s and other seasonal occasions with joy. Here’s how. Divorce attorney ogden utah

Don’t Isolate

It’s easy to want to hide under the covers and avoid the holiday’s. Perhaps it’s not your “turn” this holiday with the kids or you’re feeling left out of former holiday activities.  This is something that no one warned you about of even thinks might be difficult for you, your children or your former friends and family. Salt lake city divorce

Getting through the first holiday season alone might be a bit challenging, but it can be done with determination and some simple goals. Don’t let yourself sit around feeling sorry for yourself, find something that means something to you and do it.

Some people will opt for a hobbies such as photography, woodworking, crafting and a host of other things. Most have said their first gift to themselves on Christmas after a divorce is something you used to love, wanted to try or feel like it might take your mind off the events.

This is a perfect time to provide service in your community. Its always a good philosophy that when you think that you have things bad you can always find someone who needs you. Needs your help, your smile, your warmth and kindness. There are many charities and event organizers that will help you by helping others.

Focus on special gifts such as a memory book or photo album for the kids if you’re not with them this holiday. Get plenty of rest and focus on you for a change. The number one thing during this time is to remember that you have always been in charge of you happiness. Its time to listen to yourself and build on the positives you have.

Divorce: Remaking Your Life

Find New Traditions

Your new traditions might vary according to which one of you has the kids the first year. If it’s not your year with the kids, don’t mope around. Don’t let the kids see you sad either. Encourage the kids to enjoy time with their other parent and plan to celebrate earlier or later with the kids. Your Divorce Lawyer American Fork  Divorce Lawyer Ogden may have some helpful tips on parenting plans.

Meanwhile, plan a new tradition. If you’re not with the kids plan to help someone else. A shut in, the elderly, a homeless shelter etc. This will keep your mind occupied and help you to focus on something else that will be beneficial.

Maybe it is your time to take a short vacation that you want to take. Many people find it relaxing to sit poolside, in a tropical location or spend the day watching the snowfall in a cozy cabin next to a fire. Whatever you choice is it’s your gift to you.  While you may be alone or with a companion it is starting your new tradition on your terms to help fill in on the times that you are not with your children and or your former life partner, family and friends.  Some people prefer this as they have time to just do things that they like to do. It can help the healing process. Make sure you check out the local restaurants and activities before you book your travel. Surprisingly this is a popular option for most and you will find others with the same thought! A new found friend is always the best holiday gift.

Go to a friends house or help a lonely neighbor. Whatever you do, focus on something besides feeling like  the party of one. Get up, Get dressed and make a difference in someone else’s life.  It’s easy to get caught up in feeling sorry for yourself so plan to stay busy.

Create a new tradition that will help keep you focused and occupied. You’ll look back on it with fond memories one day. Maybe one year you and your children (if you have them) can do a special trip that you plan together. Its nice for everyone to create a good mix of the old and new.

Keep Friends And Family

Often during a divorce well meaning friends and family will side with one party or the other. You can avoid this very easily by not saying anything negative about the other party. The other word of wisdom is to make sure that you brush off the gossip. Make sure to ask your Divorce Attorney American Fork Divorce Attorney Ogden about some helpful tips to remember in your conversation with family and friends.

Instead, simply say that there were differences that couldn’t be worked out or that you’re both good people but you simply aren’t compatible. Often these tactics will help to disarm their comments.

Remember just like children, friends and family have loved you both for a substantial time. They may feel torn and like they have to choose. the best advice is to just get through it as cordially as possible. Acknowledge their feelings and assure them of their place in your life still.

Focus on those that you were closer too and avoid trying to please everyone. You’re going to have some opposition no matter who was at fault so be sure to steady yourself and focus on those that you know love you regardless.

Don’t get caught up in the conflict further by trying to prove that one party is right over the other party. It takes two people to make a couple and sometimes it just isn’t working. Its important that you continue to be the person that they have always loved and trusted. Sometimes it might be difficult to shy away from throwing mud. Overtime things will settle and who remains and carries through with you was really the only person that should have been there in the first place.

Lastly, enjoy your holiday. Plan to have a wonderful time with whomever happens along your way during the holiday season. Don’t dwell on the losses but instead celebrate all the positive aspects of the holiday. Focus on yourself and healing and remember that no one can tell you how to grieve your losses. Its individual. Take your time and do it right.

One day you’ll emerge full of life and energy and happiness, until then, find things to be grateful for and remember that you’re going to get through this difficult time in your life. It just takes a few days and some positive changes.

Divorce: Remaking Your Life