Year: 2015

contested Divorce in Utah

4 Tips For Coping With Utah Divorce

When you decide to get a divorce everything runs through your mind. All of the things you have done right in your marriage seem to turn from once happy and content memories to  becoming distant memories tainted with sadness. Maybe you went to premarital counseling before making your decision to marry and even attempted a few sessions of marital counseling before making your decision to divorce. There will be a mix of emotions. The good the bad and then the counseling. You have legal counsel, mental health counselors, the neighbor across the street who thinks she is the counselor and sometimes random strangers who also think that their opinion is at a premium price and the end all be all. The long and the short of it is that only you know your family and the behavior of your soon to be former spouse. Sometimes the opinion of others whether close or admired from afar need to be tabled until you can really determine if it is best for your individual situation. An American Fork Divorce Attorney can help guide you with some good plans for families like yours. There are many options and your Ogden Divorce Attorney can help you explore those options. Divorce utah right to know

When you get divorced, unlike any other time in your life, you are fighting to be uncommitted and untied from your former relationship. You can literally walk away from a job or a friend but you can’t just pack up and leave your once loved life, home and this is especially true when children are involved. When you are at the beginning of a marriage you can do everything humanly possible to prepare for the future, even premarital counseling.  People change, environments change, jobs change, educations change and normal life happens. Salt lake city divorce

Here are a few tips to help you cope with the feelings of doing all the right things and finding yourself going through a divorce:

  • Get rid of “The Perfect or Easy” Divorce: People can look in on a marriage and think that its perfect and others will try to convince you on how simple it is to resolve the problems in a marriage and others how fast a divorce can be with the right attorney. The fact is that perfect kids, perfect homes, perfect kitchens, nice cars, money, love and fidelity are not always what they seem to be. The same is true with divorce. Even in the most “perfect” of marriages there are stressing factors. Marriage is focused work and sometimes that work is difficult, taxing and out rightly frustrating. The difference is the commitment to the marriage and a continued desire for a joint life with your spouse. When that level of commitment changes and divorce is necessary remember that each divorce, like each marriage and family, is unique and very individual. That one person that you found out of the entire human race to join you will become a difficult thorn in your side for a short period of time until your legal issues and a formalized plan for the second chapter of your joint life together is started and finalized. It might not be the chapter you intended during your premarital counseling but do remember it is important to review, take your time and make sure the plans and documents are long term solutions which are viable for both parties. Divorce lawyer in utah
  • Look Objectively:Sometimes taking the emotions out of an experience can result in a successful decision. A simple exercise of taking the names out of the scenario and looking at it as if it was an absolute stranger could really help you look at the demands objectively and with a little more merit and less emotion. A clean look at things and a commitment to yourself to hold off for 24 hours before agreeing to any major decisions can help alleviate a lot of heartache in the long run. Objectively thinking can save you a lot of time and money when you can avoid having to write and re-write documents many times.
  • Have A Set of Personal Goals:Some of the best distractions to current circumstances are new goals. Something to look forward to. These need to be unrelated to the divorce, your children or changing everything about you. They could be related to health, fitness, talents, hobbies, education or other classes. Start with baby steps and with things that are realistic. Many successful people will use the S.M.A.R.T. method. Specific Measurable Attainable, Realistic and Time bound. Smart goals will result in success and better future goals. So pick up that pen and set a few just for you. Family attorneys in utah
  • Steer Clear of Romanticism:One of the first things that excites and scares people is the idea of dating again. For a lot of people it is a very scary thought to think about dating after many years of being with the same person. For others it is exciting and very tempting. During your divorce a lot of emotions are not realistic or valid. Sometimes you feel empowered with the new found independence. The decision to begin being romantically intertwined in relationships with other may hinder the ability you have to make good logical decisions. Often times it can cause distress in the proceedings for the other spouse resulting in lengthy litigation and costly addendums. Making new friends and joining social groups is a surefire way to re-introduce yourself to living single.  In some cases it can make your divorce more difficult when others become involved in the life and decisions you are still making. Since most relationships out of a new divorce do not result in marriages that last it is wise to not allow the new love interest to interject their wishes or feelings into your divorce. A better approach would be to join activity groups, support groups and do charity work. With time you can begin dating. There is no rush. Take your time and enjoy being on your own for a while before settling back in.  As nice as it is to rediscover who you are and what you are all about in a relationship it is best to proceed with caution. Your American Fork Divorce Lawyer can help you decide if starting relationships is the right move during your divorce. Ask your Ogden Divorce Lawyer during your consultation. Utah divorce lawyer

Divorce is difficult no matter how your marriage was planned, executed or lived. Sometimes the only thing you can do is get through today and plan for tomorrow with the best resources you have. With these simple yet attainable steps you can cope a little better along this bumpy journey.

A Child Guide To Utah Divorce

A Child Guide To Utah Divorce

A Child Guide To Divorce

Ogden Divorce Lawyer Series

After you have made the decision to divorce you may find it tough to really understand yourself what is about to happen to you and your family. It can be difficult to explain to your children and your family. Here is a small guide that may help you understand a loving and appropriate way to talk to your children about your divorce. As always, the best use and wisdom may be sought through counseling. Keep these things in mind when talking with your children. Child custody laws in utah

Children who are under the age of 18 months are not exempt from feeling sadness, anxiety, frustration or anger. Children of this age have limited language skills however they do have the ability to sense the environment around them and their caregivers. Often babies and young toddlers may regress or have developmental delays. They may become intolerable or extra clingy. Emotional outbursts are not uncommon. Due to the language difficulties and how young they are the best thing you can do is provide as much consistency and calmness as possible. The more predictable your behavior is the better the child will respond.   Routines are key at this age. Make sure security items are available. Adequate sleep for both the parents and the children will also ease tensions. Nutrition is very important as well as routine eating. The more consistent you and your child are the easier the transition will be into the new family structure. Custody lawyers in utah

When the child is a toddler it is important to understand the primary social bond is with both of the child’s parents. Anything from illness, death, divorce or even moving can disrupt their little world. It can make things very difficult to understand or accept. Children of this age think that the world revolves around them. It really does! From the time there little feet hit the floor, the parents are chasing them from one end of the day to the other. This is the age group where children believe that they are the reason for the breakup of the family. The tantrums may increase and they may want a lot more attention that you can provide or feel necessary. Some children will begin to regress back to earlier developmental stages such as wetting themselves after potty training, thumb sucking and sleep arrangements that are demanding.  During this transition it is hopeful that the parents can work together. Developing routines and predictable environments will help the child know what to expect. Quality time and finding extracurricular activities will help the child to have an outlet. Reassurance that the child is not responsible for the breakup is important. To approach that subject, seek the advice of a knowledgeable counselor. Discussing the child’s feelings is important if the child is ready and emotionally capable. Divorce lawyer in utahFamily attorneys in utah

If your child is a preschooler be prepared for a power struggle. These little fire crackers do not like change. They do not care if the change is for the better, they just want everything to always be the same. Children of this age often feel out of control because they can’t change the outcome. As with toddlers they also feel responsible for their parent’s divorce or separation. They have a really hard time understanding the future a lack the control. They hold feelings inside and have sad unpleasant thoughts that are often brought out in nightmares. Utah child custody laws

Being open and positive can help the child appropriate their feelings. The better the parents are the more the children will mimic positive moods and attitudes. Some books are available to help children understand. All children need to feel safe and that their relationship with both parents will continue normally. Once a visitation schedule is set make sure it’s consistent and routines are still established and followed. Utah divorce lawyers

The school age kids have a more difficult time understanding the concept of divorce. Sometimes children of this age feel as if they are the ones being divorced. A lot of children in this age group believe if they are model children their parents will get back together and will often worry about the other parent dying or being ill. Some Children in this group think that they can fix the marriage and make it work.

In a lot of cases children will identify one parent over the other as the responsible parent for the divorce. They will be mean and express in different areas of rebellion. Sometimes they might fight, become anxious, withdrawn, depressed or even just plain angry. Physical symptoms may manifest such as stomachaches, headaches and will make up excuses to stay home from school, church or family events. Divorce utah right to know

In order to rebuild these little adults you have to restore their feelings of loss and rejection. They really are grieving the loss of their family. It’s important to rebuild their sense of security and reaffirm their safety. This is accomplished by each parent having one on one time with the child and encouraging real conversations about their feelings. It’s very important the child understand that blaming the opposite parent for the divorce is never appropriate and that no one is abandoning the child. Children like routines, structure and predictability. The more consistent and open things are the better off the child will respond. At this age self-esteem through team sports, friendships, school and events are all very important things. Encourage the child to participate. Salt lake city divorce

If your child is withdrawing it’s important to seek counseling.

Your Ogden Divorce Lawyer or American Fork Divorce Lawyer may be able to recommend a therapist for you. Ask your Ogden Divorce Attorney or American Fork Divorce Attorney Today.

Felony and Misdemeanor DUI

Felony and Misdemeanor DUI

Being charged with a DUI in the state of Utah can be a little unnerving and it requires some experienced legal counsel if you choose to be represented. Utah has very firm penalties for DUI cases. You can be charged with a DUI in both state or district courts. Conviction rates are very high in this state. When you are charged it does not mean that you have been convicted. There are misdemeanor and felony charges for driving under the influence. The penalties for both are very different. Drunk driving defense

A good attorney will help you in your case to represent you and prove your innocence. They can also help limit or find the best outcome by working with the prosecutor before a plea or conviction is accepted. Your American Fork Criminal Defense Attorney or Ogden Criminal Defense Attorney is knowledgeable and can fight for your rights. Have a strong defense is your best bet when you are charged with a DUI. Dui attorney utah

In Utah the criminal code is set up to categorize different crimes into classes of felonies and misdemeanors. The greater offense would be a felony and they carry heavy sentences and sometimes will have longer jail or prison sentences than a misdemeanor. The courts consider history and impact or injury in each case. The severity or the crime will determine which class the DUI will call into. The more severe the injuries the greater the chance for a felony DUI. Dui attorney utah

There are certain criteria that can change a misdemeanor DUI to a felony by a process called upgrading. This includes prior offense. After (3) DUI offenses a misdemeanor DUI may become a felony. Victims of your DUI dying from injuries sustained in the accident or any history of death by vehicle including homicide. A conviction history becomes a key player in your case. The more DUI offenses you have the more likely your current charges are to be upgraded or enhanced. Salt lake city dui attorney

Some of the penalties for a felony could include jail from 2 months to 5 years in prison. Fines from $2700-$9000, treatment program participation, probation and loss of driving privileges. Dui attorney utah

Felony and Misdemeanor DUI

Misdemeanor DUI charges involve cases where there were not as severe circumstances. They can include some very serious consequences. The laws are specific on repeat offenders. It is imperative to avoid conviction on and DUI.  There is a sentencing hearing that is for less serious criminal offenses. These sentences include jail time. As little as 48 hours and some times up to 10 days on your second offense. The maximum jail sentence is often 6 months in the county jail. All DUI sentences will include some type of fine and most likely a suspension to the driving privileges. Best criminal defense attorneyBest criminal defense lawyer

The first time could have a suspension from 120 days to two years and after your second offense your license could be suspended for up to two years. Fines range from approximately $1400-$1900 and sometimes include additional fines and fees. Probation may be a term of your sentence and first offenders can get lessened probation. Repeat offenders may be placed on supervised probation. Utah criminal defense attorney

Prime for Life classes have been tested to help assist and reduce the chances of repeat offenders. Utah imposes screenings for drug and alcohol. This may be in combination with classes for drug and alcohol abuse. Convicted offenders are required in Utah to attend the classes in an effort to limit the risk of repeating DUI behaviors. Utah attorneys

American Fork Criminal Defense Lawyer Ogden Criminal Defense Lawyer Salt Lake City Criminal Defense Lawyer at Stevens and Gailey are here to help you through your DUI.  Call us today for your Free Consultation.

Felony and Misdemeanor DUI

Utah DUI & Your License

Utah DUI & Your License

After you have been pulled over and the thought quickly settles in the knowledge that you have been charged with a DUI don’t panic just yet. There are American Fork Criminal Defense Attorney andOgden Criminal Defense Attorney that have defended many in DUI cases. Many Attorney’s will do the drivers licensing hearings for you in an effort to preserve your licensing privileges. If you miss a deadline or forget to fax the number you were provided, you risk suspension due to an administrative error. The rules are not forgiving and they are often complex. Unlike other criminal cases, DUI defense is a specialized type of defense. Not just any attorney can or should represent you. The American Fork Criminal Defense Lawyer or Ogden Criminal Defense Lawyer should have additional training, positive case resolution history experience and a good working relationship with the prosecutor.

After a DUI has occurred it is imperative that a hearing is requested with the Drivers License Division. This must be done within 10 days after the DUI was issued. That is NOT ten working days. It is ten consecutive days including holidays and weekends. The rules are very specific. If the request timeline is missed that is virtually nothing you can do. Occasionally an individual will be allowed to request a review for a late hearing. These requests are rare and are generally not granted. Remember, you can fax or take down your hearing request to the Driver License Division in person, but do not miss that ten day deadline. I recommend you go the day after and just get it done.

One very important step to take is to get all of your reports. In the State of Utah you are entitled to all of the reports for your DUI. This includes any testing, results, video, reports, etc. If you don’t ask for it you run the risk of going into the hearing without adequate time to review all of the evidence that will be used at the hearing.

Utah DUI & Your License

After you have reviewed all of the information it is important to decide which items don’t make sense to you. Choose your battles wisely. Make sure you ask the right questions during your hearing. If you believe that a procedure was done incorrectly ask the officer where his or her training was and to describe each test and the procedure. You can even ask how many times he or she has performed the tests. If you are looking for facts it will not irritate the hearing administrator. If you begin accusing and being rude, insubordinate or unable to follow the rules the hearing officer will likely move on and that could hurt your case. Make sure you do your homework and you are sure of the problems with the case.

If all else fails and you loose with the Driver’s License Division, you have the right to appeal. A few weeks after you have the hearing you will get a notice in the mail. It will include the date your driver’s license will be suspended if this is your first DUI. You can request a review but it must be done in writing and must be done before it is suspended.  If you get the review letter back saying that they are still suspending you do have options. You can appeal to the local district court and have your case heard in front of a judge instead of a hearing officer.  You should probably be aware that in Utah the AG’s office will usually take the case and the prosecutor in charge of these cases is very skilled and talented as well as aggressive so be careful going in not represented by an attorney.

In the end if you lose the appeal you still have rights to take your case before the Court of Appeals and the Supreme Court but do know that there has to be something very wrong with your case for you to win at that level.

It is very important to remember that the Drivers License hearing is separate from your criminal case. While the information between the two will involve the same incident and evidence they are handled separately at the beginning. Having a knowledgeable attorney with experience and the ability to represent you is paramount.

If you or someone you know is facing a DUI help is only a phone call away. It’s worth the call for peace of mind and some advice on how to regain traction in your case.

Utah DUI & Your License

Misdemeanors VS Felonies

Misdemeanors VS Felonies

There are two different classifications for crimes in most of the US. The two most common categories in most states are considered to be felonies or misdemeanors. There may be alternative categories that are called violations or infractions. It is very important to understand the qualifying circumstances to better understand the punishment, options for plea agreements and any jail or prison time.

What is a Misdemeanor?

To most Salt Lake City Criminal Defense Attorney misdemeanors are widely considered some of the less serious of crimes. These crimes usually include things like traffic infractions or offenses, small dollar theft (under $1000) or DUI cases. Minor drug offenses sometimes fall into this category as well. In Utah there are different degrees or classes to each misdemeanor. You Have Class A B & C.

Class A Misdemeanors

  • This would be the most severe or a misdemeanor. Typical Class A Misdemeanor crimes in Utah would be if you had over one ounce but less that one pound of marijuana, a crime of assaulting a police officer or criminal mischief. It would also be a crime if you stole anything between $500 and $1500. Class A also includes if you injury someone during a DUI incident, provide false or misleading information to a police offices or if you violate any civil stalking injunctions or protective orders.
  • Class A Misdemeanors will most likely have jail time up to one year to be served in the county jail NOT PRISON time and a substantial fine.

Class B Misdemeanors

  • These Criminal Charges can include possessing less than one ounce of marijuana, driving recklessly, multiple other traffic offenses, DUI charges, and theft that is less than $500 worth of property. This can also include carrying a concealed weapon.
  • The penalties for Class B Misdemeanors can be up to 6 months in jail and close to $2000 in fines. Sometimes during sentencing you will have to attend classes and may be put on probation.

Class C Misdemeanors

  • These Criminal Charges can include things like disorderly conduct and traffic offenses.
  • The Jail time will usually fall around 90 days and may include a fine of up to $1000.

A good Salt Lake City Criminal Defense Attorney can help today.

Misdemeanor proceeding do involve trials just like other charges. Normal rights within the case are given such as the right to an attorney and if you are not able to afford one you can have one appointed for you. You can also choose to be on your own and represent yourself. This is not highly recommended and most often the court will try to help you appoint an attorney. There is a chance that you may have a jury trial. It varies among the charges and most of the time the jury may be smaller in size or you may have a bench trial.

Misdemeanors VS Felonies

Felonies- Now that you know what a Misdemeanor is let us talk about Felonies.

Felonies are more serious crimes than a misdemeanor. They are also separated into 1st , 2nd and 3rddegrees.  Some examples of felony crimes would be grand theft, any murder charges, rape and most sexual abuse cases and sometimes different kinds of fraud.  Felonies carry harsher fines and usually prison sentences that exceed one year and possibly even include death.
Once a crime has been adjudicated and if the criminal has been convicted or plea’s guilty they will probably go to the federal or state prison or correctional facility. Sometimes the prison officials will move the inmates around within the prison system and the prisoner may be sent to a prison farther from where they were originally sentenced. Your Ogden Criminal Defense Attorney or your American Fork Criminal Defense Attorney can help.
All defendants who face felony criminal charges are eligible for a trial by jury. The court is still obligated to provide the defendant with an attorney if they cannot afford one. Sometimes the Juries are smaller but for the most part they have around 12 and they may have a few extra for alternate jurors. In some cases the jurors may be excused or changed out during a case for multiple reasons.

The conviction or plea of guilty to a felony may inhibit your ability to carry or possess firearms and sometimes it will not allow you to work in certain professions.
Other Considerations

Sometimes the crime may require a register. Certain sexual crimes require that offenders register with the state. Financial Crime registries may stop you from licensing in different areas or working in certain fields. In some cases defendants are sentenced to mental health facilities and group homes.
If you are charged with a crime it is a serious matter and can affect the rest of your life. Please call one of our Ogden Criminal Defense Lawyer or our American Fork Criminal Defense Lawyer today for your FREE consultation.

Misdemeanors VS Felonies

How Do I Communicate With My Attorney

The first step in hiring a lawyer is explaining why you need a lawyer or an American Fork Criminal Defense Attorney or an Ogden Criminal Defense Attorney. The importance of communicating effectively and clearly is a priority.

Let us start with why communication is the most important part.

The Attorney client relationship will work better when both of you are able to talk about the facts of the case, your opinions and your motives honestly. This will form a better working relationship between the two of you. You have to trust that your lawyer understands you and is willing to tell your side of the story.

When you are sharing information it should smoothly flow both way with you and the lawyer. It is a two way street so your lawyer should fulfill your need for all of the information just as you should give your American Fork Criminal Defense Lawyer all the information they are asking for. If the Ogden Criminal Defense Lawyer needs to have information the best thing to do is to provide them with ALL of the evidence they are asking for. If your attorney doesn’t have all of the correct information and you provide incomplete facts it will affect their ability to give you good advice about your case. Incorrect facts and incomplete statement may be more damaging then to no evidence at all.

When you meet  with your lawyer make sure you understand the advice fully that they are giving you. If you are having trouble understanding or you can’t commit to the advice talk to your Ogden Divorce Attorney about. After all that is why you hired an American Fork Divorce Attorney. It is important to understand the terminology and the consequences of a decision like a settlement proposal or a plea agreement. Always ask why. A good American Fork Criminal Defense Lawyer will provide for time to really talk about your concerns until you understand fully. Remember this is your life, family and career. Ask your Ogden Criminal Defense Lawyer as many questions as you need to.

Personal History

Your criminal defense attorney Ogden or Divorce attorney american fork  might also ask you to provide a small summary which can include any marriages you have had previously and might want an accounting of your finances. When the children are discussed as part of the case more likely than not you will need to have those financial statements prepared and ready for your Ogden Divorce Attorney.  It is wise to also keep a journal of events when dealing in a civil matter including a divorce case. You will want to talk about your feelings and how you feel about your daily life. Hold nothing back.

Stay Updated and Update Your Counsel

During a stressful criminal case or even a divorce matter Your American Fork Criminal Defense lawyer or your Ogden Criminal Defense Attorney may be contacting you. Most cases will go through periods of little to no communication at different points through the case. , Make sure you let yourAmerican Fork Divorce lawyer know if anything substantial changes will want to let you know. Keep in touch with your Ogden Divorce Lawyer and let them know if your address changes or you are leaving for an extended time.

It is important to remember that your attorney will have more than once clent and that they do spend considerable time in court. Its unreasonable to expect that they will alway be there when you call and available to discuss your case. Sometimes an email is a better form of communication and it can be addressed when the attorney has time to dedicate to your case. The staff should respond and let you know that they recieved the call or email and will get back to you shortly. Always remember that a courteous client makes for a happy lawyer.

The opposite is true as well. Make sure you are returning the documents and communications in a timely manner.

Talking Finances

The attorney will ask you for all of you financial information especially in a divorce, bankruptcy or even a criminal case. Most times they will request that you to fill out information. When providing financial information remember to include all of the money coming and and going out of your home. This includes all income sources, anything you own (assets), bank statements, bills, etc.  Sometimes an attorney will want to review other documents that may take time to gather. Examples: tax returns, pay history stubs and employment history, bank ledgers for your savings and investments, employee benefit statements (cafeteria plans, Christmas savings plans), and other documents regarding the debts you currently owe. It is important to be timely and get this information for review to your lawyer so that they can properly prepare for the case.