Friday, 3 April 2020

Does Utah Recognize Legal Separation?

Does Utah Recognize Legal Separation

Yes, Utah does recognize legal separation. A legal separation in Utah is sometimes called separate maintenance – a court will detail the monetary support guidelines and child custody issues and the division of marital property. Couples hoping for reconciliation may prefer this form of separation to divorce. Utah requires married couples with children under the age of 18 to attend classes to educate themselves on divorce, and couples with no children must still undergo a 90-day waiting period. Moreover, married couples filing for divorce must also attend a mediation session to resolve remaining disputes before going to trial. Filing for legal separation circumvents the class requirements and the 90-day waiting period.

Parties are legally separated only when a court enters a decree of separate maintenance. To obtain a decree of separate maintenance in Utah, the parties go through an action like a divorce. Separate maintenance divides property, awards custody of children, and provides for child support and alimony, but does so on a temporary basis; the decree of separate maintenance does not end the marriage. Alimony under separate maintenance is more common than under a divorce decree because the parties are still married, and the law requires spouses to support one another.
Once the separation occurs, the separated couple may file for a divorce, which is independent of the legal separation. Court and attorney fees for legal separation and divorce are equal, but couples seeking a divorce after a separation will end up paying the same amount twice. Couples seeking legal separation must resolve issues similar to that of divorce, including child custody and visitation, dividing up property and child support, and paying debts.

Separation Agreement

A separation agreement is a legal binding contract signed by spouses, which is intended to resolve property, debt and child related issues. This can be a very complex and detailed document depending upon the unique situation of the marriage. Many spouses consult an attorney to provide this or they decide to prepare their own.

Couples can obtain a legal separation on a few different grounds, which include one party having deserted or left the other without reason or, although able, neglects or refuses to provide for the other spouse. One can also seek legal separation when the other is imprisoned for a period exceeding one year, preventing that incarcerated party from providing for the spouse. Additionally, legal separation is obtainable when spouses live separately but claim no grievance.

Twenty one days after the paperwork petitioning the court for a legal separation has been filed, the respondent receives a summons to appear in court. In court, the petitioner explains the grounds for the separation, and the judge generally grants a decree of legal separation.
Sometimes, no matter how hard you try, marriages fail. We’ve all heard of divorce, which is the process couple use to end their marriage legally. Divorce begins when one spouse files a motion (request) with the court. Typically, couples can negotiate the terms for their divorce, including child custody and visitation, child support, property division, and spousal support.

If you’ve agreed to most of the conditions, but still have disputes about others, you can ask the court to decide for you. Once the judge finalizes your divorce, both you and your spouse are free to remarry, acquire property, and relocate as single people. The process for legal separation in many states is nearly identical to divorce, but there’s one critical difference: legal separation doesn’t terminate your marriage. Although you (or the judge) decide the same divorce-related issues, and once the judge grants your request you’re both free to live independent lives, if either spouse wants to remarry in the future, that spouse must ask the court for a formal divorce, first. Both legal procedures are similar in cost and time commitment; however, if you pursue legal separation before a divorce, you’ll likely be paying twice. Much like the decision to get married, the choice of whether to pursue a legal separation or divorce is intensely personal. If you’re not sure if you want a divorce, legal separation might be the most appropriate way to give you time apart while you try to repair the relationship.

Many couples decide to legally separate to continue employer-sponsored health care for a spouse. If you get divorced, it will likely trigger your health insurance to cancel your spouse’s benefits, and in a country where one medical emergency can bankrupt a family, sometimes it’s easier to stay married.

Although there’s no right or wrong reason to pursue legal separation instead of divorce, some of the most common include using separation:

• as a dry-run for divorce
• to preserve valuable tax benefits or other federal benefits
• to promote stability for minor children while given each spouse freedom to move away from the relationship, or
• to overcome religious, social, or moral objections to divorce.
Law requires the judge to wait for a minimum of 30 days before acting on your case. The court may waive the waiting period if a judge finds that there are extraordinary circumstances, but this is rare. If you have minor children, you must attend divorce orientation and divorce education classes before the judge can grant your request. Most couples can fulfill this requirement during the waiting period. If you don’t have minor children, you can use the waiting period to negotiate the terms of your separation. You should determine the best parenting plan for your family, how you will handle property and debt division, and resolve any issues about child or spousal support. If either spouse wishes to convert the separation into divorce later, that spouse can file a motion with the court. Your spouse can object, and if so, you’ll need to go to court and demonstrate that you meet the guidelines for divorce. If you do, the court will approve your request.

You can participate in a trial separation, which is where you live apart for a specific time and reassess your marriage. Most couples can orally agree to the terms of the trial, and it’s usually the best way to find out if separation or divorce is right for you. The court doesn’t monitor trial separations, so if either spouse doesn’t want to participate, that spouse can file a formal petition with the court for separate maintenance or divorce.

In Utah, an action may be filed by a husband or wife for legal separation, also called separate maintenance. This action is much like a divorce, but does not seek to sever the marriage. In other words, if a couple does not want to divorce at this time, but wants to live apart, the husband or wife may file an action for separate maintenance to determine custody of children, support, property and debt division, etc. One of the main benefits of a separate maintenance action is that it allows a separating couple to define their rights and responsibilities regarding their children and property while they work through the issues that led to their separation. Two unique aspects of a separate maintenance action is that either party may seek an order restraining the other from disposing of or wasting marital property. Also, a separate maintenance action may be converted to a divorce action if either party desires to sever the marriage after the separate maintenance action has begun.

A separate maintenance action allows the family court to resolve all the issues that could be resolved in a divorce action except for granting a divorce. Thus, the family court can decide child custody, visitation and support for the parties’ children, equitably divide the marital property, and set or deny alimony. Issues that are resolved in a final order of separate maintenance, whether by court-approved agreement or through trial, are considered final and either cannot be modified or can only be modified upon a showing of a substantial change of circumstances. If a spouse develops a ground for divorce while the separate maintenance action is pending, that spouse may file a supplemental pleading to seek a divorce. If the separate maintenance action is resolved without a divorce being granted, a spouse may later file an action for divorce once he or she has a ground for divorce. While any divorce experience or separation can be overwhelming, having a Divorce Attorney on your side will go a long way in making the situation more manageable. It does not matter what the grounds for your divorce are or whether it is contested or uncontested, it essential that you have competent representation to advocate for your rights. Legal separation, also called Separate Maintenance in Utah allows a couple to take advantage of the elements of a traditional divorce but without violating religious beliefs against divorce. A decree of Separate Maintenance has the same effect as a divorce, including child and spousal support issues, custody, visitation, and property distribution. The terms of Separate Maintenance are binding. However, the most significant difference is that Separate Maintenance does not end a marriage. Since the spouses will remain legally married after a judgment of legal separation, they can remain on the other spouse’s health insurance policy, if necessary, and they cannot remarry.

Legal Separation In Utah

Separate Maintenance is available in Utah under the following conditions:
• One spouse deserted the other with no good cause;
• One spouse is able to support the other but does not;
• Through no fault of the requesting spouse, the spouses are living apart;
• One spouse is in prison for one year or more and has made no provision for the other; or
• One spouse is a resident of Utah, and has property in Utah, but does not support the other spouse.

In order to request legal separation, or separate maintenance in Utah, the spouse filing for legal separation, also called the Petitioner, must go to Utah’s Online Court Assistance Program. The program will prompt the Petitioner to fill out all the information needed for the forms. Once the Petitioner has entered all of the information, the forms will be created by the program. In Utah, the Petitioner must take the following steps:

After the Petitioner has printed all of the forms, they must file them with the court in the county where either spouse lives. The Petitioner also has the option of filing the forms by mail. To determine where to mail the forms, the Petitioner can go to the Utah Court directory. If the Petitioner files by mail, the Petitioner is responsible for any forms that do not arrive. A document is not filed until it is actually received by the court. The Petitioner must pay the filing fee. The cost to file for legal separation in Utah is $310. If the Petitioner cannot afford the filing fee, the Petitioner can fill out and file the following forms along with the legal separation paperwork: Motion to Waive Fees; and an Affidavit Supporting Motion to Waive Fees. The Petitioner must serve the documents on the Respondent within 120 days of when the Petitioner filed the forms.

There are a few ways the Respondent can be served in Utah:
Acceptance of service: If the Respondent agrees to accept service, the Petitioner can hand deliver the documents to the Respondent. Alternately, the documents can be mailed or emailed to the Respondent. The Petitioner must ask Respondent to sign and date an Acceptance of Service. The Acceptance of Service must be filed with the court.

Personal Service: Any person, 18 or older, who is not a party to the proceeding, can serve the Respondent. The person serving the Respondent must not have been convicted of a felony violation of a sex offense, and must not be the Respondent in a protective order proceeding. If the Respondent cannot be located for personal service, the person serving the documents may leave them with an adult who lives in the Respondent’s home. The adult who served the Respondent must complete Proof of Service. The Proof of Service must be filed with the court.

Sheriff’s Office: The Sheriff’s office in the county where the Respondent lives or works can serve the paperwork on the Respondent. They will complete the Proof of Service form and return the form to the Petitioner after the Respondent has been served. The Petitioner must submit the Proof of Service to the court. There is a fee for this service.

Service by Mail: The Petitioner may serve the Respondent through mail or delivery services such as UPS or FedEx. The Petitioner must mail the documents registered or certified mail with return receipt, and the Respondent must sign for delivery. If anyone other than the Respondent signed for delivery, the papers will not be considered served. The Petitioner is required to complete a Certificate of Service, and attach proof that the Respondent signed for the delivery. The Certificate of Service and proof must be submitted to the court.

Acceptance of Service, Appearance, Consent and Waiver: If the Respondent agrees with everything in the Petition for Legal Separation, the Petitioner can ask the Respondent to sign the Acceptance of Service, Appearance, Consent and Waiver. This form will be created through the Online Court Assistance Program. By signing this form, the Respondent is stating that they received a copy of the Petition and Summons, they read and understood the Petition, and they agree completely with everything requested in the Petition. This form must be signed in front of a notary, or the clerk of court. The Petitioner is required to file the form with the clerk of court.
The Respondent has 21 days (30 if they reside outside of Utah) to file an Answer. Once the Respondent files an Answer, both parties must complete a Financial Declaration form. The Petitioner has 14 days from the time the Respondent files an Answer to send their spouse the Financial Declaration. The Petitioner must submit a Certificate of Service of Financial Declaration to the court as proof that the Respondent has received the Financial Declaration.

If the Respondent files an Answer that disagrees with any issues raised in the Complaint, the parties will be ordered to attend mediation. Parties ordered to attend mediation must attend at least one session of mediation, and attempt to resolve their disputes. The parties are responsible for locating and paying a mediator who is qualified. The parties can use the Utah Courts Mediation website to help them locate an approved mediator, unless otherwise ordered, the parties will split the cost of mediation. In Utah, if the parties cannot reach an agreement on contested issues, the court will schedule a pretrial conference to make a final attempt to settle issues. If the issues cannot be settled, the court will schedule which issues will go to trial. If the parties can agree during mediation or the pretrial conference on issues like property division and spousal support, they can go to a final hearing, where a judge will sign off on the legal separation. If there is no agreement, the case will proceed to trial. After trial, the judge will make a decision in the case. The party requesting the legal separation is the Petitioner, and the other party is the Respondent. If you live in the state of Utah and are considering a divorce, you should know there are two other options, annulment and legal separation.

Legal Separation Lawyer Free Consultation

When you need to get a legal separation in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

from Michael Anderson https://www.ascentlawfirm.com/does-utah-recognize-legal-separation/



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Foreclosure Lawyer Sandy Utah

Foreclosure Lawyer Sandy Utah

If you are a victim of predatory lending and facing foreclosure, speak to an experienced Sandy Utah foreclosure lawyer.
While predatory home mortgage lending is a highly disturbing and relatively new phenomenon, no one ought to be surprised at its existence. Ours is a society, a capitalist/market economy, a political system that breeds predatory behavior, particularly against the most vulnerable segments of the population, throughout and consistently.

(Just to give the term an additional grim flavor, my dictionary uses these descriptive definitional terms: “plundering,” “pillaging,” “marauding.”) Whether it’s the criminal justice system, the health system, the education system, or any other of the society’s basics, “the poor pay more” (in David Caplowitz’s phrase and title from his 1967 classic), get less, get shafted. And of course, within the housing system, predatory lending is just one piece of the larger picture. Among the other ways the housing system disappoints and preys upon poor, elderly, and minority residents are redlining (mortgage and insurance versions); evictions; discrimination by landlords, lenders, real estate agents, and other gatekeepers; excessive housing cost burdens; poor code enforcement; gentrification pressures; and so on.
Those victimized by predatory lending are primarily persons who already own their homes, although a certain portion of this nefarious activity is foisted upon renters desiring home ownership. And in this regard, we need to question the (bipartisan) push to have everyone attain “the American dream”—a political, advertising, and cultural campaign that unfortunately causes grief for all too many households. While the nation’s home ownership rate has been rising, so has the foreclosure rate—primarily, of course, for low-income households.

The distinction between subprime and predatory lending can be fuzzy. The National Community Reinvestment Coalition (NCRC) recently offered the following definitions to help clarify the differences. NCRC defined subprime lending in the following terms:
A subprime loan is a loan to a borrower with less than perfect credit. In order to
compensate for the added risk associated with subprime loans, lending institutions
charge higher interest rates. In contrast, a prime loan is a loan made to a credit-
worthy borrower at prevailing interest rates. Loans are classified as A, A–, B, C, and D loans. “A” loans are prime loans that are made at the going rate while A–
loans are loans made at slightly higher interest rates to borrowers with only a few
blemishes on their credit report. So-called B, C, and D loans are made to borrow-
ers with significant imperfections in their credit history. “D” loans carry the high-
est interest rate because they are made to borrowers with the worst credit histories
that include bankruptcy.
Predatory loans are defined in the following terms:
A predatory loan is an unsuitable loan designed to exploit vulnerable and unso-
phisticated borrowers. Predatory loans are a subset of subprime loans. A predatory
loan has one or more of the following features: 1) charges more in interest and fees
than is required to cover the added risk of lending to borrowers with credit im-
perfections, 2) contains abusive terms and conditions that trap borrowers and lead to increased indebtedness, 3) does not take into account the borrower’s ability to repay the loan, and 4) often violates fair lending laws by targeting women, minorities and communities of color.

A variety of predatory practices have been identified. They include the following:
• Higher interest rates and fees than can be justified by the risk posed by the borrower.
• Balloon payments requiring borrowers to pay off the entire balance of a loan by making a substantial payment after a period of time during which they have been making regular monthly payments.
• Required single premium credit life insurance where the borrower must pay the entire annual premium at the beginning of the policy period rather than in monthly or quarterly payments; with this cost folded into the loan, the total cost, including interest payments, is higher throughout the life of the loan.
• Forced placed home insurance, where the lender requires the borrower to pay for a policy selected by the lender.
• High prepayment penalties, which trap borrowers in the loans.
• Fees for services that may or may not actually be provided.
• Loans based on the value of the property with no regard for the borrower’s ability to make payments.
• Loan flipping, whereby lenders use deceptive and high-pressure tactics resulting in the frequent refinancing of loans with additional fees added each time.
• Negatively amortized loans and loans for more than the value of the home, which result in the borrower owing more money at the end of the loan period than when they started making payments
Subprime lending is not a new business. Lending to people with blemished credit histories has been around seemingly for as long as there have been creditors and debtors. Examples of the long-standing tradition of subprime lending in the United States run the gamut from pawnshops to the more positively regarded community development home loans. Subprime lending has, however, changed since the 1980s as the technological, macroeconomic, and legal frameworks in which these transactions take place have evolved, giving rise to increasingly sophisticated operations and substantial growth. Accompanying this growth has been the notable emergence of predatory home mortgage lending within the subprime credit sector.
About 90 percent of foreclosure cases involve homeowners who were put into foreclosure without being given their options. The banks handle many loans and sometimes outsource collection efforts so that borrowers don’t get the case-by-case treatment that they should.

For their part, bank officials say they make extraordinary efforts to avoid taking a home. Most of the time, foreclosing is actually much less profitable than keeping the homeowner in the house. Homes in foreclosure normally sell at deeply discounted prices.
But both sides can agree that many homeowners facing defaults on their loans don’t know what steps they can take to avoid foreclosure. That misdirection can lead to thousands of dollars in attorneys fees and foreclosure sales. The lack of knowledge of those services is something that officials at the U.S. Department of Housing and Urban Development admit is a problem. Loans insured by the Federal Housing Administration carry special safeguards to help buyers who fall behind on payments.
Banks can sometimes temporarily suspend or reduce payments in the event of a hardship, and loans insured by the Federal Housing Administration are sometimes eligible for one-time payments from the government.
But sometimes, lenders either don’t do an adequate job informing the owner of his options or the owner doesn’t take advantage of them before it’s too late.
If you are one of the many people lurching toward foreclosure, there are a few things you can do before that final crash.
Which options are right for you? Where can you go for good advice? Most important, whom can you trust when you’re wading through all the dot-com sites on the Internet that promise instant relief, easy credit repair and a quick resolution to all your problems?
The U.S. Department of Housing and Urban Development (HUD) offers easy-to-understand on-line advice on how to avoid foreclosure. It’s available on the HUD Web site. The site provides links to HUD-approved housing counseling agencies that have information on free credit counseling and other services.

Still feeling overwhelmed? You may want to consult an experienced Sandy Utah foreclosure lawyer.
It makes sense to work with someone who knows the rules. People may have their own ideas about what they want to do, but banks are not necessarily going to agree. They’re used to putting round pegs into round holes.
Of course, it is best not to start down that slippery slope. Many foreclosures could have been prevented had the homeowner just recognized a few warning signs. These include missed mortgage payments, late notices and collection attempts.
If you have missed only one payment, you have a number of options available to you. Miss several payments, and the options start to disappear.
Anyone can find himself in unexpected financial circumstances and subject to foreclosure.
Whether you’re in straitened circumstances because of business conditions, illness or a lifestyle that ultimately has worked against you, the fact is, you’ll have to formulate a goal about what to do.
The most important thing is to set a goal about what you want to have happen. Then, it’s all about what you have to do to manage to keep that goal. That goal may or may not include keeping your house.
If your monthly house payment, including property taxes and insurance, does not exceed 40 percent of your gross monthly income, you should consider selling or transferring the property to avoid negative impacts to your credit. For some people, that can be a relief.
In fact, it may not be feasible economically to keep your house. If your house is worth more than you owe on it, selling it can allow you to pay off your mortgage, back payments and penalties. At the worst, you want zero equity. You never want negative equity.
For most people, holding onto the house is crucial. The key to ensuring that will happen is to take a proactive approach to your debt.
Just starting down that slippery slope? Only missed a few payments? The worst thing you can do is to do nothing. Communication is key. The most common but absolutely the worst response to mounting debt is simply to bury your head in the sand. Instead, you should talk directly with your lender.
To a lender, foreclosure is the last resort, especially since the process is expensive, time-consuming and unprofitable. In a situation called “special forbearance, your lender will try to arrange a repayment plan that is tailored to your financial situation. In some instances, this can include a reduction or even a temporary suspension of your payments. A deferred payment program allows you to make up past-due amounts by adding them to your regular payments. Your lender also may be able to work with you to obtain an interest-free loan from HUD to bring your mortgage current.

You have to make sure that you will be able to make the new payments. People always make the mistake of thinking they will be able to do it, and then suddenly they have double trouble. Talking to a consumer credit counseling service can help you consolidate your bills and get budgeting advice. Be careful here, though. Some “counseling” services actually function as fronts for lawyers who want to steer you into bankruptcy proceedings. Others charge for services rendered. According to HUD, if you are paying for a consumer credit counseling service, you may be paying for a service you could do yourself or for free with the help of a HUD-approved housing counseling agency.
Whether you are working on your own or with a counselor, it’s important to get a clear picture of your circumstances. That can be difficult, especially if you are one of those people whose head-in-the-sand approach has gotten you into this predicament in the first place.
Make list of your expenses under six categories:
• Essential expenses – food.
• Very important expenses, such as first mortgage, rent, other mortgages, utilities and work-related transportation.
• Important expenses, including clothes, taxes, other transportation and credit-card payments if credit is good.
• Regular expenses, including daily expenses, the cost of household goods and credit-card payments if credit already has been affected.
• Luxury expenses, such as entertainment, vacations and jewelry.
• Wasteful expenses, including gambling, playing the lottery or falling for get-rich-quick scams.
You have to be willing to take a real hard look at what got you into trouble in the first place. You may have to make some major changes in your lifestyle. After determining your financial situation, it’s time to consider your options. Mortgage modification allows you to refinance your debt or extend the term of your loan. After paying a lump sum to the bank, you then can re-amortize or extend the loan.
Then there’s refinancing. Most people, should be able to refinance their homes with second mortgages. The problem comes if you haven’t come to terms with what got you into trouble in the first place. If you have an ongoing income problem, going from a $20,000 to a $30,000 mortgage isn’t going to help. You’ll default on that too.
A short sale can be useful if you owe more money on your house than it is worth. Though it may not save your house, it saves your credit and allows you to rehabilitate your finances and credit history. Keep in mind, though, that the money waived by the lender is treated by the IRS as taxable income.
Often seen as a last resort, a deed in lieu of foreclosure means that you stave off foreclosure by returning the house to the lender. The bank keeps the deed, and you move out, but you won’t have that black mark on your credit.
If you do have to file bankruptcy, a Chapter 13 bankruptcy reorganization will stop a foreclosure. It’s a misconception with bankruptcy that you’ll automatically lose your house. That’s absolutely not the case.
In the end, it all boils down to just three simple classes of things: the things you can do, the things the bank can do, and the things you both agree to do. The bottom line is, most banks would rather have their money than have your house. But the most important thing is to get in touch with an experienced Sandy Utah foreclosure lawyer.

Sandy Utah Foreclosure Lawyer Free Consultation

When you need legal help for a foreclosure in Sandy Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

from Michael Anderson https://www.ascentlawfirm.com/foreclosure-lawyer-sandy-utah/



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Thursday, 2 April 2020

Can You Get A DUI Without Being Pulled Over?

Can You Get A DUI Without Being Pulled Over

Yes. Yes You Can.

This is a step-by-step guide as to what you should do if you get pulled over for a DUI (Driving Under the Influence) or a DWI (Driving While Impaired). This is not a substitute for using common sense and avoiding behavior that might put you in jeopardy of being stopped for a DUI or a DWI. It is also not a substitute for getting assistance from a qualified, competent attorney. When in doubt, contact your lawyer.

• Find a safe place to pull over: Remember, as soon as the police officer decides to pull you over for a DUI or a DWI, he starts making observations that he will put in the police report. To initiate the stop, he has already noted something that he thinks shows you are driving drunk or impaired. You cannot do anything about those observations at this point, but the police report can have a significant impact on the outcome of both your criminal trial and any hearings related to the suspension or revocation of your driver’s license. One of the first things the officer will most likely note is how you pull over. If you drive erratically, slow down too abruptly, or pull over in an unsafe location, the officer notes it in the report and it is just one more tick in the drunk or impaired column.
• Don’t make any sudden or suspicious movements: Officers are trained to be cautious and to protect themselves, first and foremost. They always approach the car from behind so they have a clear view, and so the driver would have to turn completely around in order to shoot or attack them. So, do not make any sudden movements, do not twist around to watch the officer approach, do not jump out of the car or try to crouch down in embarrassment. In fact, your best bet is to keep your hands on the wheel at 10 and 2 o’clock until the officer approaches your window and asks to see your identification.

• Be polite: The obvious reason to treat the officer respectfully is that you are far less likely to be arrested if he believes you are sincerely respectful. If you are rude, insincere, or hostile, the officer is much more likely to take offense, arrest you, and do everything possible to get you convicted, including writing a very incriminating police report. If the officer asks you to step out of the vehicle, you must comply of face the very real possibility of being charged with resisting arrest. Be very helpful and friendly; as though you have nothing better to do than comply with the officer’s requests because, frankly, at that moment you do not. Of course, avoid coming off as insincerely helpful or friendly, as that can be just as off-putting as direct sarcasm.
• Do not answer any potentially incriminating questions, but do not lie: The anxiety of getting pulled over is something police officers are trained to use against you. In this kind of situation, people are far more likely to incriminate themselves, particularly if they are not telling the truth. You DO have to give your name, license, registration, and insurance information to the police officer, but if the officer asks you if you have been drinking, or how much and you are concerned that you might incriminate yourself simply say, “I’m sorry, officer, but I’ve been advised not to answer any questions.” You will almost definitely be put under a lot of pressure at that point, you may be arrested, and you may automatically lose your license, but all of those things can be much less serious than spending time in jail because you incriminated yourself. If you have had only one or two drinks, you should use your discretion about saying so. With few exceptions, one or two drinks will not put you over the legal limit, but that varies from person to person and drink to drink, so when in doubt, say nothing. Lying is never a good idea. If you answer a question, answer it truthfully. If you lie, and the officer knows it, the fact that you lied can, and most likely will be used against you in court.

• Refuse a field sobriety test: You are under no legal obligation to perform a field sobriety test. Field sobriety tests are one of the most effective tools at the officer’s disposal for collecting evidence against you, not because they are reliable indicators of intoxication, but because it gives the officer subjective observations upon which to base his decision that you are intoxicated. Again, refusing a field sobriety test may result in a suspension of your driver’s license, but would you rather have a scientific examination say you were not drunk or impaired (and therefore not going to jail for DUI or DWI) or would you rather have a jury hear an hour of testimony from a uniformed police officer about how stinking drunk he subjectively thought you were based on a very unscientific field sobriety test?
• Refuse a hand-held breathalyzer: Roadside breathalyzers are notoriously unreliable, and there are countless ways to skew their results. Refusing to blow will almost always result in an automatic suspension of your license, but again, that is much less serious than going to jail. So, refuse to blow while on the road. On the other hand, you may be required to submit to a number of other tests including blood draws or a more sophisticated breathalyzer at the police station. If you have been taken into custody and are being required to submit to these tests at the police station, do not refuse or you may be resisting arrest.

• Take a chemical test at the police station: You are obligated by law to take a chemical test at the police station. In most states, you can choose between a blood test or breath test. Many DUI lawyers advise people to take the breath tests because they are more unreliable, so their validity can be more effectively attacked in court.
• Once you have been released, write down everything you can remember about your arrest: The more notes you take about your arrest, the easier it will be for your attorney to fight the charges against you. Fresh memories are often more accurate, so do this as soon as you can. If possible, include the following details in your notes:
I. what you were doing and where you were before you drove
II. how much you had to drink and what you were drinking
III. how long after you were drinking before you were stopped
IV. how the officer behaved and any instructions he gave you
V. what you said to the officer and how you responded to his instructions
VI. where you were pulled over
VII. when and if you were read your Miranda rights
VIII. when and if you took the chemical test and how long it had been since your drank
• Contact an attorney: You both need and deserve an experienced DUI or DWI defense attorney who will fight for your rights. The single most important thing you can do for yourself is to find a qualified attorney who knows the applicable laws and can help guide you through the legal process.
You can be charged with DUI in Utah without driving a car after drinking. This is possible because the intent of Utah drunk driving laws is to protect the public from the injuries and property damage drunk drivers can do. Utah DUI laws make driving or being in actual physical control of a vehicle while under the influence of alcohol or controlled substances a criminal offense. Your physical control of a vehicle after you have had too much to drink can get you convicted of drunk driving in Utah and expose you to harsh penalties. Most of the time, a driver arrested for DUI in Utah is stopped after police observed the driver weaving across lanes or committing another infraction.

When a police officer smells alcohol, hears slurred speech or observes other signs of intoxication, the officer will ask the driver to perform a field sobriety test and, in most cases, makes an arrest. DUI laws also allow the arrest of someone who seems to have had too much to drink and has physical control of a vehicle, regardless of whether the individual was observed driving. Utah law allows the arrest of someone who has driven or attempts to drive, or who indicates they have driven or will drive while allegedly drunk or on intoxicating drugs. In a defining case, an individual whose blood-alcohol concentration (BAC) was later determined to be more than the legal limit was found asleep in the driver’s seat of a car with its engine running. The car was on private property, but with easy access to a public highway. When the individual was awakened by a police officer, the defendant attempted to restart the car and drive off. Though police did not wait for him to drive the car, the defendant was found to have been in physical control of the vehicle and guilty of DUI. Another scenario where a DUI arrest might result is a pedestrian observed to be talking loudly and having trouble walking, then clumsily unlocking and climbing into a car. A police officer would have probable cause to stop and charge the individual with DUI based on their physical control of a car. Further, Utah courts weighing an individual’s innocence or guilt were required to consider:
• Where and in what position the defendant was found in the vehicle
• Whether the vehicle’s engine was running
• Whether the defendant was awake or asleep
• Whether the vehicle’s lights were on if the defendant was apprehended at night
• Location of the vehicle’s keys
• Whether the defendant was trying to move or had moved the vehicle
• Whether the defendant’s vehicle was located on public or private property, and
• Whether the defendant must have driven to the location where apprehended.
A person shall be deemed not to be in actual physical control of a vehicle if:
• The person is asleep inside the vehicle
• The person is not in the driver’s seat of the vehicle
• The engine of the vehicle is not running
• The vehicle is lawfully parked, and
• Under the facts presented, it is evident that the person could not have driven the vehicle to the location while under the influence of intoxicating liquor, a controlled substance or a prohibited substance.
But even if, after drinking, you are sleeping in the back seat of your legally parked and not running car, you can be arrested for DUI. You could be arrested if you admit or imply that you drove after drinking, or if police are responding to complaints about you or a car like yours. For example, if your car is parked badly and/or there are skid marks indicating you stopped abruptly when you parked, police may have probable cause to suspect you drove to that spot while under the influence. If you are parked far enough from any drinking establishment to make the walk to your parked car unreasonable, police could suspect you drove there. The penalties for a DUI (driving under the influence) (also called “DWI” (driving while intoxicated)) offense can be serious. If you’ve been arrested for DUI and want to fight the charge, you should understand all of the available defenses. With a viable defense, you might be able to persuade the prosecution to drop or reduce the charges, prevent the suspension of your driver’s license, or win an acquittal at trial.
In a DUI case, the prosecution must prove the person being charged (the “defendant”):
• drove a vehicle, and
• was “under the influence”—meaning the person was either impaired or had a prohibited amount of drugs or alcohol in his or her body.
Most DUI defenses target one these two components because the prosecution must prove both to get a conviction. The defenses available to a DUI defendant depend to some extent on state law. In some states, you can’t be convicted of a DUI unless you were actually driving a vehicle. So, if you were asleep in a parked vehicle in one these states when police arrived, you probably have a good defense. But most states don’t require proof of actual driving for a DUI conviction. All the prosecution needs to prove is that you were “operating” or “in actual physical control” of a vehicle while intoxicated. In other words, you can be found guilty even if you weren’t caught behind the wheel with the car in motion. When police don’t use proper arrest procedures, it can sometimes provide you with a good defense to a DUI charge. Defenses related to arrest procedures typically involve arguing that because police didn’t follow the law when stopping or arresting you certain evidence should be thrown out. Generally, police need probable cause to stop your vehicle, and if they’re going to arrest you for a DUI, they need probable cause for that too. For the traffic stop, police have probable cause if there’s reason to believe the driver or someone else in the vehicle has broken the law. (DUI checkpoints and roadblocks are, however, an exception to the probable cause rule.) Basically, any traffic violation will suffice. But if police pull you over without a legitimate reason, a court is likely to say all the evidence subsequently obtained is inadmissible in court. A valid traffic stop doesn’t necessarily make a DUI arrest proper—the officer must also have reason to believe the motorist was in violation of the state’s DUI laws. Probable cause for a DUI arrest usually comes from the officer’s observations and sometimes breath-test results. Both forms of evidence can be tricky to challenge. An officer might say you performed poorly on field sobriety tests (FSTs), smelled of alcohol, and had slurred speech. For most judges, that would be enough for probable cause. And in most situations, breathalyzer results showing your blood alcohol concentration (BAC) was over the limit are going to make challenging probable cause an uphill battle. Occasionally, Miranda warnings come into play in DUI cases. Police are generally required to give Miranda warnings prior to questioning a suspect who’s in police custody. So, if a DUI suspect who’s in police custody and hasn’t been given Miranda warnings makes an incriminating statement in response to police questioning, the statement probably can’t be used in court against the suspect.
All states have two types of DUI charge: one based on actual impairment (an “impairment” DUI) and another based on the amount of drugs or alcohol in the driver’s system (a “per se” DUI). For proving impairment DUI, the officer’s observations can be an important part of the prosecution’s case. An officer’s observations of impairment might include:
• poor FST performance
• the odor of alcohol
• bad driving
• bizarre behavior
• slurred speech, and
• bloodshot eyes.
To beat a DUI charge, the defense might need to challenge the significance of an officer’s observations. It just depends on the circumstances, but it can be difficult to convince jurors that the officer’s conclusions about the driver’s intoxication were wrong. One way to challenge an officer’s observations is to bring in witnesses who were present when you were arrested and saw things differently than the officer. Unfortunately, in many cases, there aren’t any witnesses. Or, if your witness was a passenger in your car, the prosecution might argue that your witness is biased.

Utah DUI Defense Attorney Free Consultation

When you need legal help with a DUI charge in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

from Michael Anderson https://www.ascentlawfirm.com/can-you-get-a-dui-without-being-pulled-over/



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How To Avoid Problems With Employment References

How To Avoid Problems With Employment References

Providing references for former employees is easy if you parted on good terms. If you had to fire an employee, however, it can be a difficult decision about how honest you should be with the former employee’s potential new employer. If you tell that potential employer anything about the former employee that you can’t verify as factually accurate, you may be facing a lawsuit.

Defamation Lawsuits

To prove a defamation case, a former employee must show that you intentionally damaged his or her reputation by making harmful statements that you knew weren’t true. Pretty much any negative comment you make can qualify as a harmful statement that intentionally damaged the employee’s reputation. If you had to fire someone, the reasons behind it almost assuredly damage the employee’s reputation and by communicating those reasons to a new employer, it becomes intentional.

Defamation isn’t just limited to factually untrue statements about a former employee. If you tell the potential employer things that you suspect or strongly think are true, but can’t actually prove, then that may qualify as a statement that you “didn’t know was true”. Keep unflattering comments to yourself, and really just stick to the verifiable facts.

What to Do When Firing an Employee

First, when you fire an employee, tell them up front that you won’t be able to provide positive references. This alone can avoid a bad situation, since only a really daft employee would request references from you after being told that you would give him or her negative references. If it comes down to a lawsuit later on, it will be helpful to show that you in fact told the employee that you would not give them a positive reference, so make sure you tell the employee in writing and keep a copy.

Second, tell other employees that you simply had to “let the employee go” and don’t go into any detail. If you need to make a statement, make it brief, neutral in tone and let the existing employees know who will be taking over the former employee’s duties.

Finally, consider having the employee sign a release to protect yourself against lawsuits. Include a clause where the employee grants you permission to provide information to prospective employers and promises not to sue you for providing such information.

What to Say to Potential Employers

If a potential employer calls asking for a reference, do your best to stick to the facts and avoid making unflattering comments that make come back to haunt you. Here are some simple guidelines to remember:

• Be Brief : the best tactic when giving a reference for a former employee that may be questionable is to simply keep it short. Give out their dates of employment, job title, final salary and leave it at that.
• Be Factual : don’t speculate or hint at any potential wrong doing that you may honestly believe happened but can’t prove.

• Don’t Be Unnecessarily Negative : don’t start ranting or inflating any misconduct, just offer the information you can in good faith. Providing the information in good faith is a shield to a defamation lawsuit in many states.

• Don’t Cover-up : while you shouldn’t start speculating and bad mouthing the prior employee, at the same time you shouldn’t cover-up for him or her. If you outright lie and cover-up for a former employee, you can actually get sued by the new employer for failing to warn you about serious employee misconduct.

Utah Business Lawyer Free Consultation

When you need legal help for your business, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

from Michael Anderson https://www.ascentlawfirm.com/how-to-avoid-problems-with-employment-references/



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Wednesday, 1 April 2020

Can A DUI Charge Be Reduced?

Can A DUI Charge Be Reduced

A first DUI in Utah is one of the most frequently occurring criminal offenses. Your first DUI is a serious criminal offense that can potentially carry life altering penalties and consequences if convicted. You may have to serve jail time, pay expensive fines and fees and also lose your driver’s license. An DUI charge in Utah is also known as operating a vehicle under the influence of drugs or alcohol. An DUI can be defined as anyone who operates a motor vehicle while they are under the influence of alcohol, drugs, or a combination of alcohol and drugs and their blood alcohol concentration (BAC) is over the legal limit of 0.08 %. If you are facing your first DUI charge, during the time of the stop you were likely required to participate in a blood, breath, or urine test which is used to determine your BAC. Your BAC indicates how impaired you are and will also be used to determine the severity of penalties that you will face if convicted. If your BAC is below 0.05, then you were below the legal limit and you should not be facing your first DUI. If your BAC is between 0.08 and 0.17, then it is considered low. If your BAC is 0.17 or above, then it is considered high. A high BAC will undoubtedly face more severe consequences than someone with a low BAC.

If you are facing your first DUI charge in Utah, it is critical that you consult with an attorney as soon as possible. Regardless of what happened in your case, it is understandable that you are probably scared and overwhelmed by the DUI charge that you are currently facing. A First DUI conviction in Utah can result in harsh penalties including the loss of important freedoms and privileges. The penalties that you may face are dependent on the severity of the facts and circumstances of your particular case such as whether there were any injuries, property damage, and how high your BAC was at the time of the offense. If you are facing your first DUI conviction in Utah, you will most likely be charged with a first degree misdemeanor. This charge entails serving a minimum of 3 days and up to a maximum of 6 months in jail and paying a minimum fine of $375 and up to a maximum of $1,075. Instead of serving a jail sentence, you may be required by the court to attend a driving intervention program. The court also has the authority and discretion in determining whether you will have to install an ignition interlock device or use restricted license plates on your vehicle. You will also face a driver’s license suspension that could last from a minimum of six months to a maximum of 3 years. Your driving privileges will also not be available for the first 15 days after receiving your first DUI charge. You may be eligible for limited driving privileges depending on work, school, or court mandated treatments.

Other Consequences Of First DUI In Utah

First DUI offenses in Utah involve harsh consequences in addition to jail time and expensive fines and fees. Your first DUI conviction in Utah will unfortunately have a negative impact on all other areas of your life. An DUI conviction will permanently be on your driving record. You may also face increased vehicle insurance rates, difficulty keeping or finding a job, furthering your education, difficulty financially, maintaining professional licensures and keeping custody of your children.

Administrative License Suspension (ALS) in Utah

An administrative license suspension is a civil penalty although it is imposed at an DUI stop. If you are stopped for drunk driving and refuse to participate in a chemical test of blood, breath, or urine requested by law enforcement or you tested over Utah’s legal limit, then the officer is permitted to take your driver’s license on the spot and your driving privileges will immediately be suspended from that point forward. This is referred to as an administrative license suspension. An administrative license suspension can be appealed in Utah.

It must be appealed at the first court appearance, which is held within 5 days of being arrested or being issued the citation. Issues that are brought up on an appeal include whether the arrest was reasonable, whether the officer requested that the individual take a chemical test, whether the individual was informed of the penalties for refusal or failing a chemical test, and whether the individual refused or failed the chemical test. It is also important to note that the court can still suspend your license if it determines that your driving is a risk or threat to public safety. If you are facing an administrative license suspension, you can obtain limited driving privileges by filing a petition for up to 30 days after your initial appearance in court for the DUI charge. Limited driving privileges typically are for work, medical or educational reasons.

Reducing Your DUI Charges is Possible

Depending on the facts and circumstances of your particular case, it may be possible to have the DUI charges reduced, or even dismissed. Perhaps there are mitigating circumstances involved such as only sitting in the driver’s seat with the key in the ignition or the breathalyzer malfunctioned. Sometimes a first DUI can be reduced to a reckless operation charge. This depends on a variety of different factors, including but not limited to the following:

• If there was a breath test performed, how high or low the result of your BAC was;

• If there was an accident, injuries or poor driving;

• If you were cooperative and police with the law enforcement officer who stopped you;

• The judge’s attitude or stance on DUI charges;

• The prosecutor’s attitude or stance on DUI charges.

It is also important to be aware that even if the facts are in your favor, your charges may not be able to be reduced. This is why selecting the right experienced and knowledgeable attorney is so important.

Minimize the Penalties for a First DUI Offense

Getting arrested and charged with driving under the influence can be scary, especially if this is your DUI first offense. You already know that the penalties for DUI are harsh, as the advertising campaigns put on billboards, radio, and TV have told people for years about how DUI is a serious offense. Fortunately, if you are a first time offender, there are some options that you may be able to take that will help you lessening the penalties you are facing in your DUI case. Knowing what these options are the first step to getting your life back on track after an DUI arrest.

Handling a DUI First Offense

The first step you may want to take is to try to get the charge reduced or thrown out entirely.

• You can claim that the officer who stopped you did not have probable cause, meaning he stopped you for a vehicle violation or other non DUI related offense, and then started fishing for a DUI charge once he began to speak with you. You may also claim a number of different defenses such as improper administration of sobriety testing, or lack of certification or calibration of testing equipment.

• Fortunately, the court system realizes that accidents happen and that people make mistakes. There are programs such as ARD or Accelerated Rehabilitation programs that will allow you to take classes about the dangers of drunk driving, attend a driving school, and undergo probation, after which time you will be able to have your record of the DUI removed or expunged. In addition, programs such as these for first time offenders can help you look good to the courts if you request them, because they show that you are intending to make things right and learn from your mistakes.
A third option for getting first time DUI charges reduced or dropped is to appeal to the court, with your attorney’s help, and prove that you are a good person who has not committed other crimes or had numerous other traffic violations. By showing the court that this was essentially a onetime fluke occurrence, you may be able to have the charges plea bargained down to a lesser offense, or you may be able to get reduced fines or probation instead of incarceration. An DUI is a misdemeanor offense. As such, the first court date you will attend is generally called an arraignment.

At your arraignment, you must enter a plea of guilty or not guilty. If you have chosen to hire an attorney and fight the charges filed against you, a not guilty plea will be entered. Your first court appearance is also when you can request occupational driving privileges during your administrative license suspension, or in the alternative, get a stay of your administrative license suspension so that you can being driving again.
After your arraignment, most courts will schedule a Pre-Trial Hearing/Conference. Usually, the pre-trial is a meeting between the prosecutor and your defense attorney to discuss the case, the discovery, and possible resolutions to the case. There may be one or more pre-trials, depending on how quickly information is provided and exchanged between the parties. If the case is not resolved at a pre-trial hearing, it may be set for a Suppression Hearing to determine what evidence may be used against you at trial. The Suppression Hearing is a very important step as it sometimes allows your attorney to attack various aspects of the State’s case prior to trial. The elimination of harmful evidence is the primary purpose and goal of Motions. A Suppression Hearing is generally heard by the judge assigned to your case. Present at a typical Suppression Hearing will be the judge, the prosecutor, the State’s witness (the arresting officer) you, your attorney and witnesses the defense may wish to present. If your case is not resolved at the time of the Motion Hearing, the case will be scheduled for Trial. This may be a Jury or a Court Trial, heard only by the judge.

A plea agreement is a process whereby a criminal defendant and a prosecutor reach a mutually satisfactory disposition, subject to the judge’s approval. Plea agreements usually result in either an amendment to a lesser charge or dismissal of some charges in exchange for a guilty plea to other charges. Although a prosecutor has no legal obligation to engage in plea bargaining, your defense attorney must engage in plea bargaining if you so choose. You have the absolute right to either accept or reject a plea offer. A judge must approve a plea offer, and is still in charge of sentencing. Your attorney should advise you as to your options and potential outcomes of your choice. This advice should be based not only on your probability of success at trial, but also on other considerations such as sentencing factors, financial considerations and time considerations. Generally speaking, there are two types of reductions common in DUI cases: Reckless Operation of a Motor Vehicle and Physical Control of a Motor Vehicle under the Influence. It is important to understand the difference between these offenses before you decide whether or not to accept such a plea agreement.
A Reckless Operation is a misdemeanor traffic offense that carries four (4) points against your Utah Driver’s License. Reckless Operation covers a whole host of traffic mishaps, from driving more than 20 miles over the speed limit to striking an inanimate object. What Reckless Operation is not associated with, is drugs or alcohol. There are no mandatory penalties associated with a Reckless Operation conviction. However, should your license be suspended by the court for a Reckless Operation conviction, the reinstatement fee which must be paid to the BMV at the conclusion of your suspension is $40.00. Physical Control/Under the Influence is also a misdemeanor traffic offense, but because it is considered a non-moving offense, it carries zero (0) BMV points.

“Physical control” is defined as being in the driver’s position of the front seat of a vehicle and having possession of the vehicle’s ignition key while under the influence alcohol or drugs, but not actually operating the vehicle. An example would be someone who leaves a party and decides to sleep it off in their car rather than actually driving anywhere. So, the offense is associated with the consumption of alcohol and/or drugs. There is no mandatory suspension associated with a Physical Control conviction. However, should the court decide to suspend your license as the result of a Physical Control conviction, the reinstatement fee is the same as that of an DUI suspension. There are benefits and draw-backs to entering a guilty plea to either one of these charges, but both carry far fewer penalties and stigma than having an DUI conviction on your record. Being charged with a DUI offense often means a loss of driving privileges and criminal consequences, such as jail time. It will also remain permanently on your record, which could have serious implications for future employment. Under the right circumstances, it’s possible to plead a DUI charge down to a lesser offense, commonly known as a wet reckless charge.

Almost every driver charged with a DUI wants their case reduced to a wet reckless driving but it does not often happen. To get the desired results, you need to handle your case the right way. An alcohol-related reckless driving charge, also known as a “wet reckless” charge, carries less severe consequences than a standard DUI. In certain circumstances, your lawyer might be able to secure a plea bargain agreeing to a wet reckless charge, but it will depend on the circumstances of your arrest.

Set your expectations right away, first-time general impairment charges are likely the only kinds of DUI charges that have a chance of being pleaded down to a lesser charge. Nevertheless, every case is unique and you should consult with your attorney about the possibility of a wet reckless plea. A wet reckless has far less consequences than does a DUI. Thus it should be an option worth considering. The factors influencing whether the prosecutor is likely to accept a plea to reduced charges include:

• How close your BAC is to 0.08% at the time of your arrest
• Whether your DUI involved an auto accident
• Whether you have prior DUI convictions
• Whether you have a criminal history or numerous prior traffic offenses
• Whether you’re facing additional charges, such as drug or open container violations, evading the police, fleeing the scene, or resisting arrest.

If you succeed in pleading to a lesser wet reckless charge, you’ll still face penalties. These can include:
• A minimum fine of $200
• Possible (though unlikely) jail time of up to 90 days
• Four points on your driving record
• Possible six-month license suspension for a first offense
• Alcohol education or treatment

First you have to understand what it is the prosecutor, i.e. the district attorney, wants. They are in the business of punishing people for their transgressions. They will not simple bestow upon you the gift of a wet reckless unless there are truly compelling reasons to do so, such as a evidentiary problem with the case. They won’t bend over backwards for you. Thus, you’ll have to fight your case, or at least posture yourself such that it appears as though you will fight. Beware; however, just because you’re willing to fight doesn’t mean the prosecutor isn’t. In your attempt to better your position you may put yourself on a course to trial, where the consequences of being found guilty will be harsher than any initial plea deal you would have received. Second, you absolutely must get a DUI lawyer. A prosecutor is not worried about you by yourself. You need someone advocating and fighting for you. A public defender or a court appointed attorney is not going to get you the same results, nor would they try to, an DUI lawyer of your own choosing would. To get a generous wet reckless plea you need a dedicated DUI lawyer working for you.

DUI Lawyer Free Consultation

When you need legal help defending against a DUI Charge in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

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Did Divorce Get Renewed?

Did Divorce Get Renewed

This is a question that is asked so many times. Yes, divorce can be renewed at some point in life. Separation of two people who were once in love is a bit difficult. Irrespective of the prevailing situations, rekindling your love is not rocket science. It can be done.

Anyone entering into marriage may not think that their marriage could one day dissolve. However, when the divorce happens, it prompts the individual to get into a reflection period.

You are forced to evaluate the whole scenario, take a step back and analyse the current adversity. Feeling the same way you felt the first time you met each other can still be in you. Despite your differences that chemistry in most cases still holds, the minute you see your spouse.

In the Bible, the plan of God was married people to stay together loving and cherishing each other for the rest of their life till death do them apart. Among the Christians, marriage is very crucial.

It is believed that God hates divorce and reconciliation is pleasing to Him. Normally what happens when a married couple reconciles, the devil shakes and attacking the marriage again becomes hard for him because you have proved him wrong.

However, there are acceptable situations where divorce is accepted in the Bible like adultery, abandonment and refusing your spouse his or her conjugal rights. Nevertheless, reconciliation should still be sought. There are so many reasons why the married couple would restore back their marriage even after the divorce. In this article I am going to share them with you.

Major reasons why couples would like to rekindle marriage after divorce

● After divorce, there is time for reflection, which dissipates anger.

It becomes easier to reflect on your relationship when you are away from it. Conflicts between couples tend to blindside the two individuals from having a sensible perception regarding their mate. When you separate, after some time you will realize your negative emotions are not as strong as they were when you were together. You will see the role you played in breaking up your family.

When you come back together, there will be a possibility for reconciliation since you’ll have acknowledged what you would have done in the first place to save your marriage.

● Distance makes one to appreciate your spouse’s worth

Sometimes couples may not realize the importance of the other person when they are together. After you separate, you will realize how much your spouse means to you and you will find your heart grow so fond of the person you once loved. You may not feel disconnected like you did when you were in the marriage.

● Your children could be unhappy with you divorcing

Kids are beautiful and they are a source of joy and happiness for couples. They make you think even when you don’t want to. Divorce upends the stability of your children’s world and it becomes very hard for them to bear the pain.

It affects their whole life from their social life, their relationship with others, at school, at home, activities, friendships, holidays, the standard of living and their future marriages. This will make the couple think twice and find themselves reconciling for the sake of their children welfare.

● When you realize that you are still unhappy

People tend to believe if you have been struggling with marriage and get out of it, you will find happiness. I cannot disagree. Maybe in very rare cases. Sometimes after a divorce, most people go through hell than when they were in the marriage.

Numerous research studies show that most divorced couples are unhappier compared to those in marriage. Furthermore, divorce is linked to increase in stress and depression.

● Decreased living standards after going through a divorce

Divorce is quite expensive especially when it comes to children’s custody. In most cases divorce stipulates that asset division is to be 50-50. The involved parties eventually experience financial crisis after the entire process. The most affected with finances are women compared to men after the divorce. Regaining your financial stability after the divorce process can be emotionally draining, thus some couples will opt to remain together to avoid such issues.

● Paradigm shift in one’s conduct

Sometimes a divorce can trigger behavioral change in an individual. This stems mainly from a sense of guilt and remorse. You start to contemplate that maybe your own misdemeanor could have cost you your marriage.
You then make an intentional resolution to become a better individual by accepting your weaknesses and improving them. This in itself is a good thing because once you reconcile, your new relationship will become splendid.

You see yourself better than them and you think you cannot make mistakes. Well, a separation makes you evaluate your life and contemplate on what is important. You will admit your faults and work on how to reconcile with your partner. In other words, in order for reconciliation to occur, you must demonstrate a real change of behavior, actions, and attitude.

● Unrealistic expectations in marriage

This is one of the greatest factors which contribute to failed marriages. Couples enter into marriage with unrealistic expectations. In order for a couple to successfully reunite, a couple has to have realistic expectations for themselves, their spouse and the marriage in general.

It is better to start from nothing and work on building your marriage. Do not place any unrealistic goals on your partner. Such unrealistic expectations cause unhappiness and lack of satisfaction in marriage.

A second chance after a divorce?

A divorce brings out an array of emotions and feelings. It is also a tumultuous period in one’s life. You are prone to develop fear of the unknown, wondering if all is lost on that relationship or if there is any hope to salvage it.

Yes, there is hope. It is better to hang on to that thread of hope, rather than to throw in the towel. What matters is your determination and intentions. Become intentional towards rebuilding your relationship. Identify a solid purpose for your union and weed out any relationship spoilers that ruined your marriage in the first place. Try out the following guidelines as you seek to reconcile with your mate.

● Make contact with your ex-spouse as much as possible.

Talk to your partner as many time as possible just like it was when you first met. Allow yourself to feel better with them and give them a chance to prove their loyalty this time. Call, text or email to discuss the things that are important in his or her day.

Show interest in the things that your ex-spouse is involved in. Complement and express how much you’ve missed your ex-spouse. After some courting, you can then ask your ex-spouse on a first date. Treat this first date just as you would if you were going on it with someone you don’t know.

● Be a lifelong learner on how to excel in marriage

In this information era, you cannot lack the resources to educate yourself on how to become a homemaker. Make sure your separation time will teach you how to relate well with yourself and the people around you, so that when you two decide to come together, it won’t be a problem again. When dealing with your ex-spouse, learn ways to deal with upcoming problems.

This will save you from frustration. Learn to be more expressive and an active listener. If it reaches a point you have to compromise on a certain issue, you can do it for the sake of your marriage. This may actually surprise you.

You may find it working for you. If your partner felt unheard or under-appreciated, make a point to listen and appreciate more. Remember you are doing this for your own benefit. Do not do it because you want your spouse to be interested in you again, but rather do it because it is right for both of you.

● Be cautious and take your time

For people who were once in love, it is possible for them to get back together quickly, which can lead them to the very mistake they made the first time round. It is advisable to You better take baby steps, where you are slow but sure.

Take time to explore each other again. Don’t let any negative feelings to over shadow you because it will crush you down again. Take the steps in your relationship slowly and pay attention to exactly what will be happening.

Understand that this is a new beginning but it has history attached to it that needs consideration and resolution. Ignoring what happened in the past and only looking forward may seem like the best way to handle it, but it may end up surprising you later when you discover you still hold on to some of your old feelings.

● Iron out any issues in the marriage

Most divorces stem from poor or lack of communication skills among couples. Take the time to build on effective ways of communicating with your ex-spouse. This will build trust and in the long run, the two of you will be able to connect once again. Use that time to air out any issues in your relationship.

You don’t want to repeat the same patterns as you did in the marriage, or the new relationship will have the same ending as your first marriage did. Be open about what happened to cause the divorce and discuss it with an open mind and heart. Sometimes this can be difficult, but it is the right approach to your marriage.

● Be grateful for your spouse

Everyone feels great and loved when they realize that they are acknowledged for the little efforts they make. The good news is, it’s relatively easy to make the other person feel appreciated. Send a daily email or text thanking your spouse for picking up the laundry or watching the kids when you are away or sleeping.

Ask them about their day and listen. Tell them how great they look in their new suit or new haircut. These things might seem small, but that’s precisely why they’re meaningful.

Everyone wants to feel that what they do matters. Communicate what you feel about them that you love, do not assume they will know by your action. A word of mouth is much better than your actions.

● Stop focusing on the past. Focus on the future

The greatest mistake you will ever do is to keep reminding your spouse how much they failed you at some point in life. If you do that your marriage will be doomed and getting back to each other becomes more difficult.
If your spouse has made amends for hurting you, learn to forgive and move on together in peace. This becomes easier for you to connect with them than you ever did before. Be committed to helping your renewed marriage work and focus on your future together.

● Ensure you are on the same page.

Marriage is a two way traffic. If you and your spouse feel connected to each other even after divorce, it’s better you work on your reconciliation. Make sure, first of all, that this is really what both of you want.
Be sure that it isn’t just because you are lonely, or distant, or romanticizing the good parts of your marriage and ignoring the bad? Consider that if it didn’t work out last time, what will make it work out this time?

At the end of the day, it is only you who is able to know the reasons why you desire to rekindle your relationship. Always be true to who you are and take the next leap into the future. Re-evaluate your expectations
Take a clear look at your expectations of marriage and whether they are realistic. See whether your motive is right about your marriage. Make very clear decision and know exactly what to expect from your partner otherwise, you will be hurt again.

Understand that no one is perfect including yourself. Once in a while mistakes will happen so better know how to handle them. If your spouse is not able to meet all your expectations, leave a room for adjustment.

● Attend family events together

Understand this event is not about you or your spouse’s marriage. It is for an external circumstance which you cannot avoid dealing with. Try to approach it in the most knowledgeable way ever.

Comfort one another in times of hardship and carry each other’s burdens as serious as you would do to yours. Attending a family event together would prove your love for each other to your people and it would change their mind set on what they think of your spouse.

Divorce Lawyer Free Consultation

When you need legal help with a divorce in Utah, please call Ascent Law LLC at (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

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from Michael Anderson https://www.ascentlawfirm.com/did-divorce-get-renewed/



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