Category: American Fork

Uncontested divorce

Uncontested divorce is the quick and least cost method when obtaining a divorce. This tends to be the least stressful as well. In most cases, if the divorce is amicable, undisputed and easily resolved, uncontested divorce is the route to go. The paperwork required however is still not easy. Contacting a No-fault divorce lawyer Salt Lake City or a Divorce lawyer Ogden Ut would help you make a great choice in alleviating the filing of the paperwork. Divorce Attorney Ogden Ut will be able to get accurate and necessary information to fill out the mountain of paperwork necessary to file your Uncontested Divorce in Utah.  At times it may be necessary to have Divorce Mediation Ogden Utah with your Divorce Lawyers in Ogden Utah.  Some of our Client find it necessary to Custody Lawyers in Ogden Utah to have a great Divorce Attorney Davis County on your side.

Uncontested Divorce means that the terms of the actual divorce are not disputed between the parties. This could be for many reasons. If there are children involved, you will still be required to have a 90 day waiting period to have your divorce finalized. It is also a requirement to have taken the divorce education class. The curriculum is based to provide appropriate boundaries during and after the divorce in an effort to create a smoother transition for both you and your children.

An uncontested divorce fee will be standard for filing the divorce. Individualized attention will be given to make sure that you understand all of your rights in the divorce proceedings and to help you make the best decision as a couple moving forward individually. When uncontested divorces are filed it is important to remember that it can take at least 4 months to be prepared, filed, waited and decreed. During this time some couples will begin to dispute the items in the divorce and start re-negotiating terms with the Divorce Lawyers in Ogden UT. Therefore, it is important to attempt to make the best efforts to make the best plans from the beginning to save time and money. Many families underestimate the cost of living in separate homes, outstanding debts and income concerns as well as child support implementation. Therefore, so recommend having a legal separation for a period of time to adjust financially and really work through what needs to happen in the decree before filing for divorce.

Issues that often arise in divorce could be: Insurance coverage, financial obligations, possession allocations, future money from sales or retirement, current bank assets, life insurance, living arrangements, new home and vehicle purchases. While this is not a complete list one can see that divorce is literally sectioning out the life you have lived for the past several years and starting over. It’s a big commitment. While it takes 30 minutes to get married it can take months or years to be divorced.

 

 

DUI License Hearings

Now that an arrest has happened one may be unsure of what processes one will be facing in the near future. The next couple of months the most important information to remember is the timeline. DUI Defense Attorney American Fork and DUI Defense Attorney Ogden are experienced Utah DUI or Metabolite DUI Attorney’s. The best guess will ensure that the witnesses are generally the police, evidence and any other people in the vehicle. There will be evidence such as breath testing, blood testing and field sobriety testing. The tests will be submitted as evidence in both the Driver’s License Division Hearing and a separate criminal action.

The tests that may have happened include:

Standard Field Sobriety

 One Leg Stand

Clues for Intoxication include:

Hopping in place Raising arm

Swaying, Placing foot down.

Walk and Turn

Clues for intoxication include:

Stepping out of position, Starting too soon,

missing heel to toe, stepping off line,

raising arms, incorrect step counting

improper turn, stop walking during test.

Horizontal Gaze Nystagmus

Clues for intoxication include:

Lack of smooth pursuit-left and /or right eye.

Distinct sustained nystagmus at max left and/or right eye

Angle of onset prior to 45 degrees left and/or right eye.

Blood Chemical or body fluid test:: This also identifies the presence of illegal drugs or prescription drugs.

Breathalyzer BAC: Measures the exhale alcohol content which tells officers how much is in the bloodstream.

Most often there will be several pieces of evidence entered against an individual. This can include testimony from the officer, video tape of the arrest, video of the blood or other sampling, actual results and any other records including the police reports.

Drivers License Privileges

Drivers License Privileges are COMPLETELY SEPARATE from the criminal case. The DL Division may be suspended or revoked the license. If you want to keep your License you must contact the Drivers License division within ten days of the arrest in writing. This has to be done in writing.  Call an American Fork DUI Lawyer, Salt Lake City DUI Lawyer or Ogden DUI Lawyer

According to the State of Utah:

If you were ARRESTED for DUI, what happens next (some or all may apply):

  • Your driver license was confiscated by the arresting officer and replaced with a citation that serves as a temporary license that expires in 29 days;
  • Your vehicle was more than likely impounded
  • You should request a hearing within 10 days
  • You can seek legal counsel to represent you in your driver license hearing and also your court appearance.
  • Your privilege to drive may be withdrawn on the 30th day after the date of arrest.

SUSPENSION TIMES

  • Driver 21 or older at the time of arrest, the following suspension periods will be imposed for a first offense:
    • Per-Se arrest – 120 days
    • Refuse to submit to a chemical test – 18 months
  • Driver 21 or olderand has a second or subsequent arrests, the following suspension periods will be:
    • Per-Se arrest – 2 years
    • Refuse to submit to a chemical test – 36 months
  • Driver under the age of 21the suspension periods for drivers based on actions for a Per-Se arrest under UCA 53-3-223 or a Not-a-Drop arrest under UCA 53-3-231.  These actions are administrative in nature, and are not based on a criminal conviction of DUI, but the arrest report itself.
  • Suspension periods for DUI and metabolite court convictions will remain the same; however, the individual may petition the court for a shortening of the suspension period for a first offense for a violation of 41-6a-502 (DUI) or 41-6a-517 (metabolite) if certain conditions have been met.
  • Driver under age 21at the time of arrest and refuses to submit to a chemical test, the license will be revoked until the person is 21 years of age for a period of 2 years, whichever is longer, for a first offense, previously 18 months.  This change will apply only to arrests that occur on or after July 1, 2011.
  • Driver age 19 or 20at the time of arrest, the following suspension periods will be imposed for a first offense:
    • Not-a-Drop arrest – 6 month suspension effective 30 days from arrest date
    • Per-Se arrest – 6 month suspension effective 30 days from arrest date
  • Driver under the age of 19 at the time of arrest, the following suspension periods will be imposed for a first offense:
    • Not-a-Drop arrest – 1 year suspension effective 30 days from arrest date
    • Per-Se arrest – 2 year suspension effective 30 days from arrest date
    • Not-a-Drop or Per-Se arrest if committed prior to May 14, 2013 and the suspension or denial was based on the same occurrence upon which certain written verification’s received from the court are based – 6 month period

Effective April 1, 2014 the court can reduce the driver license suspension period for a second or subsequent minor alcohol consumption or possession suspension or minor in a bar suspension if the person certifies to the court that they have not consumed alcohol for a concurrent period of at least one year during the suspension period.  Must have a court order for reduction of the suspension.

An individual who has had their license suspended or denied for a Not-A-Drop Arrest (driving with a detectable amount of alcohol in the body) is required to obtain an assessment and recommendation for appropriate action from a substance abuse program in order to reinstate their driver license.

Dui in Utah is tricky and with some expertise from an American Fork Criminal Defense Attorney, Salt Lake DUI Attorney an Ogden Criminal Defense Attorney one will successfully navigate the charges faced. Contact Stevens Gailey Today.

 

 

 

Divorce 101- Basics Stevens & Gailey Utah Attorneys

Divorce 101- Basics

Divorce 101- Basics

When looking at divorce in Utah it is wise to invest in couples or marriage counseling before filing. There are many qualified counselors that could be provided at little to no cost through churches and sometimes even local city governments and even school districts will have programs for families and couples. If both you and your spouse are willing to work on things in therapy, a qualified counselor will be able to assist you in doing so. Divorce lawyer in utah

However, if you feel that you and your spouse are past the counseling stage due to addiction, adultery, abuse or for serious financial reasons, then it is important to know that Utah is a no-fault divorce state. That basically means that you can get a divorce without proving who is guilty and avoid lengthy process and trials.  One spouse can file in the state of Utah. Utah divorce lawyers

You can file an uncontested divorce if you have no significant disputes such as a couple without children, assets and no alimony to be awarded. There are forms available online and most law firms will do this service for a fee.  If you choose to do this on your own it is wise to have an attorney review the documents if there are real estate interests, children or large sums of money and assets. Divorce attorney salt lake city

Alimony is generally awarded when the person who makes the lesser amount of money (usually the wife) requests the support. It can be awarded for the same number of years as the marriage lasted. The amount of the alimony award is different for each case and is supposed to make both incomes similar in their disposable income. How to get a divorce in utah

There are ever changing opinions and numbers on who is awarded custody of children. There is a long standing belief that mothers have the edge in custody disputes. However, in recent years there are a large number of fathers being awarded custody in the state of Utah. This is due largely to the court assessing the child’s best interests for quality relationships with both parents. Sometimes the courts will appoint a custody evaluator which will require an in depth look at both homes, parents, individual children, backgrounds, current living arrangements and financial ability to provide for children. How to get divorced in utah

Divorce 101- Basics

In Utah there is a standard code for visitation. It is a default code and is used when parents cannot agree on a visitation with the non-custodial parent. It awards minimum visitation times and is determined by what the court feels is necessary to create a lasting bond and relationship with the minor children. These minimum standards are often times the hardest part of a divorce because parents used to seeing their children daily are fearful of not having that right after the divorce is finalized. The goal of the courts to foster the idea of children having both parents accessible to them and to have stability and consistency. Salt lake city divorce

Child support is paid by both parents. Now before you stop reading thing about this. In Utah the Child support matrix will figure in the income of both parents, children from previous relationships and other meaningful factors. The court then identifies a percentage and actual dollar figure for the parents to split equally. If one parent falls short the other parent is responsible to pay the deficit parent the remailing amount they need to care for the child. Attorneys in ogden utahAttorneys in salt lake city

In many cases the assets, property and items acquired and purchased during a marriage will be divided equally. There are many different areas this includes. Homes, vehicles, checking and savings accounts. It can also include furniture, retirement accounts, pension plans, life insurance and a host of other items and accounts. The good news is that it is not considered marital property if the party owned it before the marriage. This could also include inheritance or gifts. Marital property, defined as the property acquired by the couple during the marriage is divided equally. The property of the children such as furniture and bedding is usually left with the custodial parent. However it may be split between the homes. Fathers rights attorney utah

Debts incurred during the marriage are equally shared in most cases. The courts may look at each party to assess current expenses, responsibility and other areas to determine if there is a need for one person to assume more of the debt than the other. It is also favorable to the party who is not able to commit or make the payments to have a lesser amount.

It is rather difficult to navigate through this process. Sometimes having help from a Salt Lake City Divorce Lawyer or a Salt Lake City Divorce Attorney.

The great news is that you are not alone in this. Your Ogden Divorce Attorney or American Fork Divorce Attorney can help you navigate. Our American Fork Divorce Lawyer and Ogden Divorce Lawyer can help you today!

Divorce 101- Basics

Stevens & Gailey Divorce and Criminal Defense Law Firm in Utah

A person cannot be forced to testify against their spouse

A person cannot be forced to testify against their spouse

In any criminal proceeding in Utah, including domestic violence cases, a wife shall not be compelled to testify against her husband, nor a husband against his wife.1 Moreover, the Utah Constitution further reinforces spousal disqualification privilege. Specifically, Article 1, section 12 of the Utah Constitution states, “a wife shall not be compelled to testify against her husband, nor a husband against his wife.”

A person cannot be forced to testify against their spouse

1Utah Rule of Evidence 502(a)

In criminal proceedings the spousal disqualification privilege works as follows:

  • First, either the husband or wife must be charged with a criminal offense;
  • Second, the husband or wife must be subpoenaed to testify against their spouse;
  • Third, the husband or wife must assert their “spousal disqualification privilege”;
  • Fourth, the husband and wife must be married at the time the prosecutor requests their testimony. This means, that if a couple gets married, even after the charges have been filed, the testifying spouse can then assert their “spousal disqualification privilege”; and
  • Fifth, the testifying spouse must not have waived their “spousal disqualification privilege”.

Interestingly, Utah recognizes common law marriage.2 This means, that a couple can assert the marital privilege even if their marriage is not solemnized. Common law marriage arises out of a contract between a man and a women who: they are of legal age and capable of giving consent; they are legally capable of entering a solemnized marriage; they have cohabitated; they have mutually assumed marital rights, duties, and obligations; and they have held themselves out as and have acquired a uniform and general reputation as husband and wife.

2Utah Code Ann. §30-1-4.5

A person cannot be forced to testify against their spouse

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

Five Tips- Preparing for Mediation

Once you begin the divorce proceedings a few options and requirements will happen. Mediation is a requirement to most divorce cases in Utah as a way to have a smooth transition into living and functioning in two homes.

There are 2 main goals in Mediation. The first main goal in mediation is to find a workable solution to fit the needs of your family and lifestyle. Another goal is to find these solutions in an inexpensive and less invasive solution. Mediation is a primary preference over court imposed solutions.

Here are five tips to help you in the process of preparing for mediation.

  1. Be Ready to Agree- Solution Based Thinking

One of the most important aspect of handling the divorce effectively and timely is to be agreeable. This agreement to mediate will hold strong favor with the court and with the opposing party. By showing a willingness to mediate you show a good faith effort to put all the issues on the table and get things hammered out.

This does not mean that you and your spouse have to be friends in order to get through the mediation with a successful outcome. It simply means that you are both ready to sit down and have serious and meaningful conversations in an effort to move forward.

  1. Proposed Solutions Homework

Make a list of all the issues you feel need to be addressed. Make your list include possible solutions. Try to find two solutions to each issue. Be as detailed as possible. Remember these are proposed solutions.

After you make your list prioritize the most important things and decide whether you are willing to compromise on those issues. If not write down why and cite specific examples to support your claim.

Create a completed list of ALL your physical items that will be addressed. This can be done in a checklist form. When you attend mediation present this to the mediator or your attorney as the master list of all of the property, debts, assets and accounts that need to be assigned and designated.

This can include all houses, rental property, businesses, personal property, furniture, jewelry, artwork, furnishings, vehicles, boats, motorcycles, ATV’s, bank accounts, security safe deposit boxes, investments, life insurance, credit cards, retirement accounts. An accounting or inventory of everything you have acquired and possessed before the marriage.

You will need all income as well as any disbursements for disability, pensions, child support, business profit and loss statements or inheritance. Expenses need to be listed as well with all payment amounts and dates. This can include all monthly payments you make for insurance, living expenses, groceries, gas, vehicle payments and any other things you are paying off.

In Utah you are required to provide a financial declaration that will include all of this information. Therefore, by preparing this you will be ready to submit the declaration to your attorney and court.

Make sure that all information is accurate including payoff amounts.

3.Make Realistic Goals

Now that you have your lists you have to set some realistic goals to help guide you toward success.  Many people find that this step can be the most difficult. The process of setting some goals may take some time. Make sure to set aside a few hours to make some decision with a clear mind that is uninterrupted.

At this point you will need to figure out the range of acceptable negotiations. Make a list for each item addressing where you are willing to negotiate to. This can be very difficult. For example:

Issue: Visit exchanges

Preferred: Friday at 7 pm

Acceptable Terms:

1) Exchange after school at 3pm with pickup at the school

2) Exchange no later than 8:30 curbside

The purpose of creating these goals is so that you feel like you have already began to ponder possible solutions that are reasonable and well thought out. The more prepared you are to negotiate the better you will feel with the outcome. You will also know what you are willing to settle on and what you are not willing to live without.

Finally make a realistic budgeting goal. Take a very close look at where you will be in a month and make some goals to adjust you spending. It is very important to understand where you are financially.

  1. Consider the Impact on Children

If child care, child support and visitation are being discussed remember that these this are a different category and should not be used as a bargaining chip. Sometimes parents are clouded in their need to win and they use the children as pawns in mediation and divorce.

The goal of the court is to make sure that both parents have an active role in their child’s life. Provide reasonable requests that fit the needs of your family, the work schedules of both parents and the schedule and age of the children.

Make sure to review the state statutes on visitation and be familiar with the requirements.

Communication with your children and answering their question may help you understand what you need to work out in mediation.

Children respond better when parents present a united front and when decision are presented in a confident and clear manner. After the agreements are made the parents need to respond to the children with clear facts and without blaming the other parent. Children do not need to be burdened with things they cannot control. Adult conversations and decision making sessions need to be kept between the adults and not divulged unnecessarily. Children need to hear that they will continue to receive love and support from both parents equally.

An important reminder is that even though you are divorcing your spouse you are still required to co-parent. Children all react and will grieve differently. The best you can do is to provide consistency and stability with a positive and loving environments. Communicate together with the children when possible about routines and living arrangement changes. This promotes healthy relationships.

Keep the comments about the spouse to a minimum. Remember that children are part of your spouse and they will feel like you are also unhappy with portions of themselves. It is imperative that all conversations about your spouse are positive and with forward thinking. Children will take your lead and the confusion and blaming will dissipate when the environment is positive and welcoming.

Appoint one parent to be the decision making parent. At times of high stress one parent needs to be ultimately the decision maker. While they are still young they will grow into young adults with complex issues. By agreeing from the beginning to be effective communicative co-parents you will save yourself and your children from a lot of heartache and disappointment.

Utah requires a divorce education class. Check with your Ogden Divorce Lawyer for information on attendance.

  1. Find A Mediator That Makes Sense

Mediators like attorneys need to be a good fit for the family. If you have a high- conflict divorce you may need a specialized mediator

There are many options for mediators and your Divorce Lawyer in Ogden. Do your homework on each one. See what their success rate is. See what their website says and even the reviews online. Ask around to your friends and family and see if they have any recommendations.

When you present the list to your attorney see if they have a mediator that they like to use. Search out cost options and make a pro and con list.

Sometimes getting a better mediator at a higher cost with good reviews is worth it because you could mediate for a shorter amount of time then using a less experienced mediator that will use up more time with a less favorable outcome.

Feel free to interview your Ogden Divorce Attorney for a professional review of each mediator before agreeing to one. The more you research the better off you will be and the more confident you will be going into the mediation.

Here are a few things to ask:

  • When did you complete your mediation course and how long was your training?
  • What certification do you hold and in what areas are you certified?
  • Where did you get your certifications and do you have certifications available?
  • Have you participated in co-mediation courses?
  • What kind of mediations have you performed and what is your success rate?

These five tips will help you in preparing for your mediation appointment. By preparing your evidence, information and intentions you will be more clear on your demands and able to negotiate a settlement that will endure the divorce process and put in place a workable solution for you and your children. Remember that all you can do is prepare to prevent so that you can avoid repair and regret.