What Qualifies You For Alimony?

Alimony is money
that one spouse pays to the other for support during the divorce process or for
some period of time following a final divorce. Courts generally require the
higher earner whether that is the husband or the wife to assist the lower
earner in maintaining the marital lifestyle for at least some period of time
following a divorce.

Types of Alimony

• Temporary
  Alimony: Courts often award temporary alimony also known as alimony
  “pendente lite,” meaning while the divorce is pending, when one
  spouse requires financial support during the divorce process. This type of
  award automatically ends once the divorce becomes final.
• Bridge-The-Gap
  Alimony: Bridge-the-gap alimony begins after the divorce is final but is
  very short term, with a maximum duration of two years. The purpose is to help
  the recipient spouse meet legitimate and identifiable short term needs. For
  example, bridge-the-gap alimony might provide living expenses while the
  recipient spouse is waiting for a house to sell, or while the recipient spouse
  is completing a retraining or educational program to allow for improved
  employment prospects.
• Rehabilitative
  Alimony: Rehabilitative alimony has the specific purpose of assisting the
  recipient in acquiring education or training necessary for appropriate
  employment. A spouse requesting rehabilitative alimony must submit a plan
  outlining the amount of money and time required to complete the plan.
• Durational
  Alimony: A court might award durational alimony if other types of alimony
  are insufficient to meet a spouse’s needs. The maximum term of durational
  alimony is the length of the marriage in other words, if you were married for
  ten years, you can’t receive durational alimony for any longer than that.
• Permanent
  Alimony: If the recipient spouse’s economic need is likely to be permanent,
  an alimony award may be permanent as well but a judge awarding permanent
  alimony must always state the reasons that another form of alimony would not be
  fair and reasonable under the facts of the case. The purpose of permanent
  alimony is to provide for the financial needs of a spouse who lacks the ability
  to become self-supporting, at a standard of living as close as possible to the
  marital standard.

Factors in Need and Ability to Pay

The court begins
making decisions on a request for alimony by considering the facts of the case
to determine whether the spouse requesting alimony meets the standard to show
the alimony is necessary. If there’s a need for alimony, the court has to also
determine whether the other spouse has the ability to pay. Unless there are
some kinds of exceptional circumstances, a court won’t award alimony if it
would leave the paying spouse with significantly less net income than the
recipient. A judge who finds both need and ability to pay next must consider
all relevant factors in deciding what type of alimony to award and for how
long. These factors include:

• the financial resources of the spouse seeking
  maintenance, including separate property and any award of marital property.
• all sources of income, including investment
  income, available to either spouse.
• each spouse’s earning capacity, educational
  history, vocational skills, and employability.
• any time and expense required by the spouse
  seeking maintenance to obtain education and training for appropriate employment.
• the marital standard of living.
• the length of the marriage.
• each spouse’s age and physical and emotional
  condition.
• each spouse’s contribution to the marriage,
  including homemaking, child care, education, and helping the other spouse build
  a career.
• any tax consequences of the alimony award, and
• the responsibilities each spouse will have for
  any minor children they have in common.

A court may also
consider whether either spouse committed adultery during the marriage, and
under what circumstances. Courts are most likely to take adultery into account
when one spouse’s affair caused the other financial harm. For example, if one
spouse bought lavish gifts for a paramour using marital funds, the court might
factor that into the alimony award.

Utah law applies
certain presumptions with regard to length of marriage and eligibility for
permanent alimony. Following a marriage of at least 17 years, a judge may award
permanent alimony if such an award is appropriate in light of the above
factors. After a marriage of between 7 and 17 years, there must be clear and
convincing evidence of appropriateness to justify the award. After a marriage
of less than 7 years, permanent alimony is appropriate only in exceptional
circumstances. A marriage lasts until the spouses actually file for
dissolution, not when they informally separate or stop living together.

Modification or Termination

Unless the
spouses have made a specific written agreement about when alimony ends or under
what circumstances it can be modified, when and how an alimony award can be
modified depends on the type of alimony.

• A bridge-the-gap award is not modifiable under
  any circumstances.
• A court might modify rehabilitative alimony if
  the recipient fails to comply with the rehabilitative plan or completes the
  plan early.
• Rehabilitative alimony, durational alimony, and
  permanent alimony are all modifiable if there has been a substantial change in
  financial circumstances for either spouse; however, except in extraordinary
  circumstances, durational alimony can only be modified in amount, not in
  duration, and even in exceptional circumstances the duration can never exceed
  the length of the marriage.

Both durational
and permanent alimony end automatically if the recipient remarries or if either
spouse dies. A court can also modify or terminate an award of permanent alimony
if the recipient lives with an unrelated person in a supportive relationship.
The spouse asking for a modification on this basis must prove the supportive
nature of a relationship. The court will find consider the following:

• the extent to which the two people in question
  have held themselves out as a married couple. for example by using the same
  last name, using a common mailing address, referring to each other as “my
  husband” or “my wife”
• the length of time they have lived together at a
  permanent address
• the extent to which they have pooled assets and
  income, or otherwise exhibited financial interdependence
• the extent of mutual support between them,
  including support for each other’s children, regardless of legal obligation
• performance of valuable services for each other,
  or for each other’s company or employer
• whether the two have worked together to create
  or enhance anything of value
• whether they have purchased property together,
  and
• evidence that the two have either an express or
  implied agreement regarding property sharing or support.

Requirements For Alimony

There are
certain requirements for Alimony, or spousal support, which is something given
to one ex-spouse by the other ex-spouse in the form of monetary support. It’s
meant to provide the spouse that doesn’t make as much money with the money for
living expenses over and above what is also provided by the higher income spouse
in the amount of child support, if child support is provided. A judge will
determine how much if any money is going to be provided by one spouse to the
other.

 Several factors go into play as the judge
makes his or her determination.

• State regulations vary, but essentially, they
  take into account how much the spouse receiving the money is able to earn, both
  now and in future, the receiving spouse’s health and age, how long the marriage
  was, what property is involved, and how the parties have conducted themselves.
• A judge may not award alimony at all, and in
  fact will usually only award it when one spouse has been dependent economically
  on the other spouse for most of the marriage, usually a longer marriage.
• Payments must be in cash, and are acceptable in
  a check or money order, but can’t be given in the form of debt, services or
  property.
• Any payments must be set forth in a written
  agreement or within divorce papers. It must be formal, such that you cannot
  call what you’ve been paying informally in terms of support to your ex-spouse
  anything else.

If you file a
joint tax return with your ex-spouse, you can’t claim alimony as a tax
deduction for that year. You and your ex-spouse can’t live together and call
any support you pay alimony. And even live in separate quarters within the same
residence, by the way. You must have separate quarters under different routes. When
the marriage ends, many women look to cash in that insurance policy in the form
of alimony. There are always things men can do to reduce or even eliminate
alimony.

You can win
alimony battles if you use a proven strategy and know how the game is played;
often without going to court. With a good strategy, it’s possible to negotiate
your alimony down to zero!

A spouse may
have to pay spousal support if such payment meets one or more of the main
purposes of spousal support set out in the Divorce Act. They are:

• To compensate a spouse who sacrifices his or her
  ability to earn income during the marriage;
• To compensate a spouse for the ongoing care of
  children, over and above any child support obligation; or,
• To help a spouse in financial need arising from
  the breakdown of the marriage.

At the same
time, spouses who receive support have an obligation to become self-supporting
where reasonable. When a married couple divorces, either spouse can ask for
spousal support under the Divorce Act. In most cases, spousal support is
requested by the spouse with the lower income. In each case, a judge must
consider several factors to determine if spousal support should be paid,
including:

• The financial means, needs and circumstances of
  both spouses;
• The length of time the spouses have lived
  together;
• The roles of each spouse during their marriage;
• The effect of those roles and the breakdown of
  the marriage on both spouses’ current financial positions;
• The ongoing responsibilities for care of the
  children, if any;
• Any previous orders, agreements or arrangements
  already made about spousal support.

When ordering
spousal support, the courts will apply either the Divorce Act, which is a
federal Act, or the Family Law Act, which is specific. The objectives of each
act are similar, and include:

• Identifying financial advantages and
  disadvantages faced by the spouses that occur because of the end of the
  marriage or partnership.
• Fairly dividing financial costs relating to
  child care, above and beyond child support.
• Providing as much support as possible to help
  each spouse to become financially independent within a reasonable amount of
  time.

These Acts state
that spousal support should not be a factor in awarding spousal support. The
payment of support is not intended to be a form of punishment. When the courts
determine if spousal support is appropriate to order, they take into account
several factors. For example, these factors include:

• The amount of time the couple lived together;
• The responsibilities of each partner during this
  time; and lastly
• Any previous agreements or arrangements the
  parties agree to regard support.

The above
factors are taken into account in all cases. If the couple is not applying for
spousal support as part of a divorce, such as when applying after the end of an
Adult Interdependent Relationship, the Family Law Act will apply. In that case,
the court takes into account the following additional factors into
consideration when making a ruling:

• Whether or not either partner has a legal
  obligation to support another person, including children; and
• If either partner is going to be living with
  someone else, or how this other person contributes to their living expenses.
  The court looks at how this arrangement increases the partner’s ability to pay
  support, or decreases their need for spouse support.

Child Support

Both the Divorce
Act and the Family Law Act give child support a higher priority than spousal
support. If a spouse cannot afford to pay both, it is the spousal support
amount that the courts decrease. At the same time, child support is not a
replacement for spouse support.

Alimony Attorney Free Consultation

When you need help with alimony or spousal support in Utah, please call Ascent Law at (801) 676-5506 for your Free Consultation. We want to help you.

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

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Criminal Defense Lawyer Woods Cross Utah

Certain sexual conduct between adults and minors is classified as statutory rape without regard to the defendant’s belief as to the victim’s age and/or whether the victim consents to the conduct. Historically, statutory rape laws were enacted to protect the chastity of young women, although today the statutes are applied equally to protect young men. Despite the modern gender-neutral interpretation and application of statutory rape laws, the historical purpose behind the statutes and their gender-specific application continues to influence both public opinion and judicial outcomes in certain cases. If you have been charged with statutory rape, contact an experienced Wood Cross Utah criminal defense lawyer immediately.

Solicitation of a Crime

Occasionally, individuals planning criminal activity do not intend to personally commit the unlawful act. Instead, they intend to solicit and encourage others to carry out the criminal conduct. A person who solicits, urges or encourages another to commit an unlawful act has gone beyond the stage of simply having bad thoughts and into the realm of acting upon those thoughts. The act of soliciting another to commit a crime, although still part of the preparatory or planning stage of criminal activity, rises to the level of criminal conduct. Two questions that often arise in the area of criminal solicitation are: Why does the criminal law punish individuals for soliciting others to commit crimes? Isn’t solicitation really just another form of expressing “bad thoughts,” which is not punishable under the criminal law? The rationale for punishing the crime of solicitation is threefold. First, as in the example, if there is evidence of intent and sufficient conduct in furtherance of that intent, then those who solicit others to engage in criminal conduct have exhibited a level of dangerousness sufficient to pose a genuine threat to society. Second, if one of the goals of criminal law is deterrence, then punishment of those who solicit others to commit crimes as soon as they have reached a level of dangerousness sufficient to society will deter others from planning, preparing or soliciting others to engage in criminal conduct. Lastly, law- abiding citizens should not have to fear being subjected to the continual solicitations and urgings of those who would like to engage in criminal conduct. As a prerequisite for the crime of solicitation, the person being solicited (the “solicitee”) must understand that she or he is being asked to engage in criminal conduct and ultimately refuse to go along with the plan. Typically, the solicitee is the only witness to the transaction; if she or he does not interpret the request of the solicitor as an urging to engage in criminal conduct, then there is little chance that the solicitor’s conduct will be reported to authorities. Similarly, the solicitee must ultimately refuse to engage in the criminal conduct because, again, there is little chance that the solicitee will report the conduct to authorities if he accepts the solicitation and agrees to carry out the plan. In fact, if there is an agreement by the solicitee to carry out the criminal conduct, then the crime is no longer solicitation and becomes instead the crime of conspiracy. Since it is not a crime to have bad thoughts or merely to discuss those thoughts with others, one difficulty associated with the crime of solicitation is proving the solicitor’s intent to encourage another person to engage in criminal conduct.
The difficulty of drawing the definitional line between a person who is merely expressing bad thoughts and one who actually intends to have another commit a crime has led many states to impose a statutory requirement that there be some corroborating evidence of criminal intent in cases of solicitation. This means that when considering all of the surrounding circumstances, there must be clear and convincing evidence of the solicitor’s criminal intent.

The “Innocent Instrumentality”

Sometimes a person contemplating criminal activity procures the assistance of another through deception. If the person actually committing the crime is, for whatever reason, unaware that he or she is engaging in criminal conduct, then that person is considered an innocent instrumentality of the solicitation. Not being aware that he or she is engaging in criminal conduct, the innocent instrumentality does not possess the necessary mental state for criminal liability. The solicitor is, however, criminally liable for the conduct of the innocent instrumentality.

Conspiracy

The crime of conspiracy requires an agreement between two or more parties to commit an unlawful act and the commission of an overt act in furtherance of the agreement. Like the crime of solicitation, the conduct examined in conspiracy cases takes place before the actual commission of the criminal offense. Once again, the critical question involves determining when the preparatory conduct has gone beyond merely having bad thoughts and into the realm of acting upon those thoughts. In the area of conspiracy, the requirement of an overt act in addition to the conspiratorial agreement provides some circumstantial evidence that the parties have reached a sufficient level of dangerousness (i.e., gone beyond mere bad thoughts) to warrant punishment for their conduct.

One reason for punishing conspiratorial agreements is the concern that when people come together and agree to engage in criminal conduct, there is a greater likelihood that their goals and objectives will be accomplished. They are more likely to be overcome by a “mob mentality” from which they can derive the necessary moral support to carry out their criminal activities. The three major issues that arise when examining the crime of conspiracy involve defining the parties to the conspiracy, measuring the scope of the conspiratorial agreement and determining when the conspiracy terminates.

A conspiratorial agreement can be written, verbal or implied by conduct. Because a conspiracy involves an agreement between parties, in some instances simply identifying the parties who have actually agreed to engage in the unlawful conduct will reveal the parties to the agreement. When the conspiratorial agreement is implied by conduct, however, it becomes more difficult to determine the participants in the conspiracy.
Because of the nature of family/marital relationships, there are innumerable activities that may resemble conspiratorial conduct, but may in fact be nothing more than the normal cooperative activities that take place among family members. Family members should not be deemed involved in criminal activities simply because they have engaged in certain familial conduct.

The Unlawful Act Requirement

A conspiracy involves an agreement between two or more persons to commit an unlawful act. In most instances, the unlawful act that serves as the objective of the conspiracy must be a crime. However, a small number of jurisdictions permit a charge of criminal conspiracy when the objective of the conspiracy would not be criminal if one person engaged in that conduct. For example, some statutes make it a crime for two or more persons to conspire to damage a person’s reputation or business or commit acts that injure the public health or morals. If done by one person, such conduct would not be criminal, although it might raise questions of civil liability. But if two people agree to damage another’s reputation, then they may be charged with the crime of conspiracy. One fundamental problem that arises when basing a charge of conspiracy on conduct that is not inherently criminal is fair notice to citizens as to the potential for criminal liability. More specifically, if the unlawful act is not criminal when committed by one person, is it fair to subject individuals to the stigma and punishment associated with criminal conduct simply because two people agreed to engage in that same conduct? This potential for unfairness has led many jurisdictions to limit liability for conspiracy to instances when the unlawful act is itself a crime.

The Scope of the Conspiratorial Agreement

Conspiracy is a specific intent offense. This means that the defendants must consciously set out to engage in specific unlawful conduct. The scope of the conspiratorial agreement is measured by what the parties specifically intend to accomplish as their overall objective as well as any other unlawful activities that are necessary to carry out their criminal objectives. The scope of a conspiratorial agreement can change over time and may encompass additional “sub-agreements” necessary to achieving the overall objective.

Withdrawal from a Conspiracy

Even though a conspirator has explicitly or implicitly agreed with another to commit an unlawful act, he can nevertheless withdraw from the conspiratorial agreement and avoid some criminal liability if the withdrawal is done in a timely and effective manner.

To withdraw from a conspiratorial agreement, a conspirator must convey his desire to withdraw to all of his confederates. He must provide effective notice that he no longer supports the criminal objectives and voluntarily remove himself completely from the criminal association. Additionally, some jurisdictions require that the conspirator give notification to law enforcement authorities as further evidence of his intent to impede the successful commission of the unlawful objective.

To abandon a conspiracy, a conspirator must do more than simply withdraw from it. He must completely and voluntarily abandon the goals of the conspiracy and take affirmative steps to impede the success of the conspiracy. Abandonment, if effective, relieves the abandoning conspirator from liability for the conspiracy itself.

Conspiratorial Liability

The crime of conspiracy is punished because of the special danger presented by group activity that has a criminal objective. In fact, conspiracy is considered such a dangerous offense that even when conspirators proceed beyond the agreement stage and actually commit the crime as planned, the conspirators can still be charged with the crime of conspiracy and the criminal offense they commit. By allowing the simultaneous charges based upon the conspiracy and the actual crime, the government can seek additional criminal penalties against the conspirators. Furthermore, it is hoped that the threat of conviction and punishment for both conspiracy and the actual crime will deter individuals from initially joining together for the purpose of engaging in unlawful conduct. Another aspect of conspiratorial liability that is specifically designed to deter group criminal activity is vicarious liability. Vicarious liability means that a conspirator will be responsible for the criminal conduct of his coconspirators if those crimes are committed in furtherance of the conspiratorial agreement.

Criminal Attempts

The crime of criminal attempt is punished to protect society by intervening, apprehending and prosecuting individuals at the earliest opportunity before a crime is completed. If criminal activity has not been stopped at either the solicitation or conspiracy stage, the law of criminal attempts provides one more opportunity to prevent the criminal conduct and the resulting harm to society.

To prove a criminal attempt, the government must demonstrate that the defendant has the intent to commit a specific offense and takes a “substantial step” toward completing that offense. By proving these elements, the government demonstrates that, although the crime was not ultimately completed, the defendant intended to commit the crime and took sufficient steps in furtherance of that criminal intent. The mental state (intent to commit an offense) plus the voluntary act (substantial step) provide significant evidence of the defendant’s dangerousness to society. Further, although foiling the actual commission of the crime prevents a greater harm to society, there is nevertheless a harm to society with a criminal attempt because the defendant comes dangerously close to completing his criminal objective. The criminal law imposes liability for attempts in order to deter others from carrying their criminal activity to this dangerous point.

Intent to Commit the Offense

To be liable for a criminal attempt, the defendant must have the intent to commit a specific offense. For example, to be charged with attempted murder, the defendant must intend to kill the victim. Similarly, if the crime charged is attempted robbery, the defendant must have the intent to take property from the victim with the use of force. In most instances, circumstantial evidence will be used to prove the defendant’s intent. Circumstantial evidence allows the judge or jury to draw inferences as to which crime the defendant specifically intended to commit. In cases of attempt, the circumstantial evidence of intent is usually developed by examining what steps the defendant took to begin carrying out the offense.
Statutory rape or an offense to commit statutory rape is a serious criminal charge that can alter your life forever. Don’t let this happen to you. Contact an experienced Wood Cross Utah criminal defense lawyer if you have been charged with statutory rape or attempt to commit statutory rape.

Woods Cross Utah Criminal Lawyer Free Consultation

If you need to defend against criminal charges in Woods Cross Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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What Estate Planning Documents Do I Need?

Estate Planning is an
integral aspect of life. It is not something to be left for the chosen few, but
instead should be done by each and every individual. Knowing that no one in
this world will escape the hand of death, we should all purpose to exit comfortably
by ensuring that those whom we leave behind are fully aware of all possessions
we had in our name.

You may wonder whether
you really have any asset or estate. The truth is, we all have something we can
claim to be ours. It may not be a row of apartments in one of Los Angeles’s
leafy suburbs or a fleet of lamborghinis. Even the clothes well arranged in
your closet serve as assets.

In case you were to die
today, it is in order for you to have planned how your clothes should be
disposed of, whether to donate to your favorite charity or pass them down to
your sibling. A simple fact is that no one will take their possessions with
them to the grave. That is why planning in advance on how they should be
handled after your demise is essential.

Estate planning can
therefore be described as thorough guidelines outlined by an individual which
state who is to receive which possessions and how their assets ought to be
distributed upon their demise. Estate planning is a gradual and thoughtful
process which takes into consideration several aspects.

Why Is Estate
Planning Important?

Some of us have grown up
thinking that estate planning is only done by the elderly population who are in
their sunset years. However, that is considered a great misconception. No one
is guaranteed of tomorrow, therefore estate planning ought to begin as soon as
you become an adult. We can blame this misconception on a lack of awareness on
our part as citizens. That is okay. Nevertheless, times have changed and we
thrive in an information era. Knowledge has immensely become accessible. It is
therefore imperative for us to educate ourselves on life matters such as estate
planning. Importance of estate planning can be summarized as follows:

• A thorough estate planning process
  ensures that all your hard-earned assets are protected from any unforeseen
  incidences such as creditors who may forcefully use your assets as collateral.
• Estate planning also gives you
  authority to enlist all the beneficiaries you wish to give your possessions to.
  Certain estate planning documents give you a wider scope when it comes to
  including the beneficiaries. For instance, a last will and testament enables
  you to include beneficiaries outside your immediate family circle. Some people
  may even include friends or colleagues who have played a crucial roll in their
  lives.
• Estate planning prevents the
  treacherous judicial process known as a probate which occurs when the court
  gets involved in deciding how your estate should be divided and the validity of
  your assets in the first place. This is usually a long and tiring process since
  your family or attorney have to provide all the necessary documents as
  evidence. Estate planning therefore keeps all your matters in order.

Estate Planning
Documents

Estate planning is a
continuous process which requires various avenues for making the entire journey
easier for you. There are necessary paper works which are normally involved in
estate planning. You may have come across some of them at one point in your
life. Even if you are unfamiliar with these documents, feel free to read about
them below.

Power Of
Attorney

In legal matters, a
power of attorney is a lawful authority that is handed to someone (agent) to
handle any legal matters on behalf of the person (principal). The agent performs
any legal duties given by the principal on effect that the principal has been
rendered incapable through death, a mental illness or old age. However, a power
of attorney is restricted to carry out various tasks. Depending on the state
you live in, the power of attorney cannot alter or create your will without
your consent. It is important to note that there are several types of power of
attorney. Each type serves a different purpose based on the prevailing
circumstance.

In estate planning,
there are two commonly used powers of attorney; the financial power of attorney
and the healthcare power of attorney.

Financial Power
Of Attorney

This legal document
gives an agent the right to oversee your finances. You can nominate an
individual or an institution such as a bank to have the financial power of
attorney. Each state in the United States has an official financial power of
attorney.

As such, your power of
attorney should be customized around the laws of that particular state you have
obtained it from. This document can either come as a durable financial power of
attorney or springing financial power of attorney. The durable one simply means
that once the two parties append their signatures on the document, it
immediately becomes effective.

The agent is now able to
oversee your financial matters even if you are still mentally capable. This may
occur in instances where you are out of the country or your spouse is also
unavailable. On the other hand, the springing financial power of attorney only
comes into effect after the occurrence of an unfortunate event that renders you
incapable.

An agent can oversee
financial issues such as: transacting with your financial institution;
collecting revenue from your business; verifying your tax payments; collecting
any debts owed to you; opening of accounts; following up on any state benefits
like social security and ensuring that payments on mortgage, car or property is
paid on time.

Healthcare
Power Of Attorney

As we have seen above, a
power of attorney is necessary due to an uncertain future. Incapacitation may
occur as a result of medical causes. Common cases include mental illness,
debilitating diseases such as Alhziemer’s or dementia or a permanent brain injury.

Such ailments can render
you mentally incompetent to make any sound decisions regarding your estate
division. A healthcare power of attorney comes in handy in case of such events.
This document is effective as it allows the principal’s wishes to be carried
out. It gives guidelines on how you would want your medical concerns to be
handled. Maybe you do not desire a dialysis or physiotherapy and instead wish
to be allowed to die. This information is normally indicated on the healthcare
power of attorney.

This document also
indicates any consent you give. You may give, withdraw or refuse consent on a
particular medical regimen you are undertaking.

Importance Of
Having A Power Of Attorney

• It is crucial in curbing conflicts
  arising from heirs who contest the asset distribution. It is normal for the
  heirs to feel that assets were unfairly distributed and may seek to contest in
  court. A power of attorney will come in handy during such instances.
• A power of attorney is useful for
  following up on certain benefits, such as the state’s social security fund or
  retirement benefits if you need assistance due to old age.
• It reveals the extent of estate or
  asset ownership. This is useful in taxation planning, as it ensures that there
  is no tax evasion on your part.

Trusts

Trusts serve as a
crucial aspect of estate planning. A trust is best described as an association
formed by a trustor or someone who entrusts their assets to a second party
called a trustee to manage them. The trustee is given legal rights to the
assets in play. This is done while the trustor is still alive.

A trust can either be
revocable or irrevocable. In a revocable trust, you as the grantor still has
full control to your property. You can freely amend any component in it. On the
other hand, the irrevocable trust grants the trustee all privileges of managing
the assets. Incase an amendment is necessary, all involved parties have to
agree first.

There are specific rules
outlined in a trust document which must be followed by the trustee. Choosing an
administrator can be daunting as you need to ensure that your trustee has your
best interests while serving you. As such, as a grantor or trustor, you have
the right to terminate the services of your administrator if they break the
rules or have a conflict of interest.

A trust is a crucial
document in estate planning as it can save the entire family the exhausting
judicial process of seeking to establish whether the deceased had divided their
estate before their demise.

Importance Of
Having A Trust

• A trust ensures that there is
  asset guardianship. Even while still alive, you may encounter financial
  setbacks that may place your assets at risk of being seized by debt collectors.
  Having a trust can prevent such measures because your trustee can offset any
  financial predicament.
• Trusts serve families in asset
  division. Any complex procedure involving how you may want to distribute your
  assets can all be outlined in a trust.
• A trust is used to prevent forced
  heirship. This is where assets are distributed as per the grantor’s cultural
  traditions to immediate family members which can put other beneficiaries
  outside the bracket. As such, a trust provides a wider scope of beneficiaries
  which minimizes conflicts among beneficiaries.
• A trust ensures that all assets
  are preserved and protected. You may not wish to distribute each and every
  asset to your beneficiaries, but instead decide to leave some assets for future
  generations. A trust is useful in such a case.
• A trust is also useful as it
  ensures that your family name is preserved. You may be running a business and
  desire to see it progress even after you are long gone. A trust will establish
  certain parameters which will protect your family name in the business world.

Last Will And
Testament

As someone who has
worked hard to secure a decent lifestyle over the course of your life, it is
only fair to ensure that upon your demise, any form of asset you had acquired
is left to keep your legacy alive.

Writing a will
guarantees just that. Drafting a will is not rocket science as most of us
believe. With the aid of simple guidelines, you can easily draft one on your
own without having to hire an attorney.

A written last will and
testament gives a clear overview of all your estate, assets or liabilities. It
describes who should receive which asset. It also lists all your beneficiaries,
from children, friends, charities and relatives.

One does not need to
wait until old age sets in to draft one. It is advisable to always have one at
hand. Even after accumulating more wealth later on in life, you can still make
amendments to the original will.

Failure to write a will
while you are alive leaves your beneficiaries at the mercy of the laws
governing your country which will decide how to distribute your estate upon
your death. This is known as dying intestate.

While writing a last
will and testament, consider the following:

• Enlist all the beneficiaries you
  have in mind. This is dispel any possible future conflicts.
• Assign an executor who will
  oversee the management of your assets. The executor will also be there to read
  out your will to the beneficiaries when the time comes. In addition to having a
  main executor, it is important to have a back-up plan by appointing an alternative
  executor. This comes in handy in instances where the main executor is unable to
  carry out their duties.
• Have a few witnesses who will
  confirm the contents of your will. Incase of any conflicts, such witnesses may
  be called to verify the validity of the will.

Importance Of
Having A Last Will And Testament

• As we have already seen, having a
  last will and testament prevents you from being at the mercy of the state who
  are mandated to distribute your assets in case you die intestate.
• A last will and testament enables
  you to include other beneficiaries such as illegitimate children who may not
  have much authority in your family matters. Including them ensures that they
  have a right to your estate like others.

The above listed
documents play a vital roll in all your estate planning procedures. It is
advisable to contact a legal expert or you can ask for assistance in any issue
you may not understand. No one has to die intestate as this is a recipe for
conflicts and mess among thee loved ones involved.

Estate Planning Attorney Free Consultation

When you need your estate plan completed or updated, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

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Bankruptcy Lawyer South Salt Lake Utah

If you or your business is unable to pay off its debts, consult with an experienced South Salt Lake Utah bankruptcy lawyer.

When a debtor is experiencing financial difficulties, the creditors and the debtor have to decide if they can work out a private solution to their problems or seek a court-supervised outcome. One of the impediments to a private solution is information asymmetry. Creditors usually know much less about the debtor’s true financial condition and ability to pay and restructure itself than the debtor. A workout refers to a negotiated agreement between the debtors and their creditors outside the bankruptcy process. The debtor may try to extend the payment terms, which is called extension, or convince creditors to agree to accept a lesser amount than they are owed, which is called composition. A workout differs from a prepackaged bankruptcy in that in a workout the debtor either has already violated the terms of the debt agreements or is about to. In a workout, the debtor tries to convince creditors that they would be financially better off with the new terms of a workout agreement than with the terms of a formal bankruptcy.

After the filing of the bankruptcy petition and the granting of the automatic stay, only the debtor has the right to file a reorganization plan. This period, which is initially 120 days, is known as the exclusivity period. It is rare, however, particularly in larger bankruptcies, to have the plan submitted during that time frame. It is common for the debtor to ask for one or more extensions. Extensions are granted only for cause, but they are not difficult to obtain. However, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 placed an absolute limit of 18 months on the exclusivity period.

Obtaining Post-petition Credit

One of the problems a near-bankrupt company has is difficulty obtaining credit. If trade creditors are concerned that a company may become bankrupt, they may cut off all additional credit. For companies that are dependent on such credit to survive, this may mean that a bankruptcy filing is accelerated. In fact, if a company may be on the verge of bankruptcy, its vendors may decline to offer them normal credit terms and may insist on cash on delivery. For example, this was the case in 2008 for Linens & Things, which found it had to pay cash to vendors who normally offered them 30 to 60 days to pay. When this happens it elevates a company’s cash needs at a time when it is actually less liquid than normal. This can accelerate the path to a bankruptcy filing.

Sometimes the bankruptcy of one company can create liquidity problems for other companies. For example, when Montgomery Ward filed for bankruptcy in 1997, suppliers became concerned about other companies and preemptively cut off shipments and required cash payments.

To assist bankrupt companies in acquiring essential credit, the code has given postpetition creditors an elevated priority in the bankruptcy process. This type of lending is referred to as debtor-in-possession, or DIP, financing. DIP lenders have an elevated priority over prepetition claims. It is ironic that creditors may be unwilling to extend credit unless the debtor files for bankruptcy so that the creditor can obtain the elevated priority.

A company that seeks such postbankruptcy financing has to file a motion with the bankruptcy court seeking permission to do so. It is not unusual to see companies file such motions at the time they do their Chapter 11 filing or shortly thereafter. Section 364 of the Bankruptcy Code provides that such loans have super-seniority status and have a priority over other secured creditors. Thus, while creditors might not want to lend to the company on an unsecured basis, the fact that the debtor-in-possession may possess significant assets with a high collateral value, combined with the super seniority status, may give them confidence that their loans will be repaid. Various financial institutions specialize in DIP financing.

Credit Conditions and Length of Time in Bankruptcy

The management of cash-strapped companies that have significant assets that can be used as collateral may find the reorganization process comfortable and not have incentive to move the process along. Prepetition creditors, however, would have a different view as they see the claims fall in value as new creditors’ interests are placed ahead of theirs. In weak credit markets that process may work very differently. For example, in the wake of the subprime crisis, credit availability declined sharply. This created more liquidity issues for bankrupt companies—even those that had significant assets that normally could be used as collateral. This, in turn, caused bankruptcy stays to become shorter and for the increased use of prepackaged bankruptcies.

Reorganization Plan

The reorganization plan, which is part of a larger document called the disclosure statement, looks like a prospectus. For larger bankruptcies, it is a long document that contains the plans for the turnaround of the company. The plan is submitted to all the creditors and equityholders’ committees. The plan is approved when each class of creditor and equity holder approves it. Approval is granted if one-half in number and two-thirds in dollar amount of a given class approve the plan. Once the plan is approved, the dissenters are bound by the details of the plan.

Sometimes, to avoid slowdowns that may be caused by lawsuits filed by dissatisfied junior creditors, senior creditors may provide a monetary allocation to junior creditors. This is sometimes referred to as gifting.
A confirmation hearing follows the attainment of the approval of the plan. The hearing is not intended to be a pro forma proceeding, even if the vote is unanimous. The presiding judge must make a determination that the plan meets the standards set forth by the Bankruptcy Code. After the plan is confirmed, the debtor is discharged of all prepetition claims and other claims up to the date of the confirmation hearing. This does not mean that the reorganized company is a debt-free entity. It simply means that it has new obligations that are different from the prior obligations. Ideally, the postconfirmation capital structure is one that will allow the company to remain sufficiently liquid to meet its new obligations and generate a profit.

Cramdown

The plan may be made binding on all classes of security holders, even if they all do not approve it. This is known as a cramdown. The judge may conduct a cramdown if at least one class of creditors approves the plan and the “crammed down” class is not being treated unfairly. In this context, unfairly means that no class with inferior claims in the bankruptcy hierarchy is receiving compensation without the higher-up class being paid 100% of its claims. This order of claims is known as the absolute priority rule, which states that claims must be settled in full before any junior claims can receive any compensation.

The concept of a cramdown comes from the concern by lawmakers that a small group of creditors could block the approval of a plan to the detriment of the majority of the creditors.14 By giving the court the ability to cram down a plan, the law reduces the potential for a holdout problem.

Fairness and Feasibility of the Plan

The reorganization plan must be both fair and feasible. Fairness refers to the satisfaction of claims in order of priority, as discussed in the previous section. Feasibility refers to the probability that the postconfirmation company has a reasonable chance of survival. The plan must provide for certain essential features, such as adequate working capital and a reasonable capital structure that does not contain too much debt. Projected revenues must be sufficient to adequately cover the fixed charges associated with the postconfirmation liabilities and other operating expenses.

Partial Satisfaction of Prepetition Claims

The plan will provide a new capital structure that, it is hoped, will be one that the company can adequately service. This will typically feature payment of less than the full amount that was due the claimholders.

BENEFITS OF THE CHAPTER 11 PROCESS FOR A DEBTOR

The U.S. Bankruptcy Code provides great benefits to debtors, some of which are listed in Table 12.6. The debtor is left in charge of the business and allowed to operate relatively free of close control. This has led some to be critical of what they perceive as a process that overly favors the debtor at the expense of the creditors’ interests. The law, however, seeks to rehabilitate the debtor so that it may become a viable business and a productive member of the business community.

Company Size and Chapter 11 Benefits

The fact that debtors enjoy unique benefits while operating under the protection of the bankruptcy process is clear. Smaller companies, however, may not enjoy the same benefits that the process bestows on larger counterparts.

PREPACKAGED BANKRUPTCY

A new type of bankruptcy emerged in the late 1980s. In a prepackaged bankruptcy, the firm negotiates the reorganization plan with its creditors before an actual Chapter 11 filing. Ideally, the debtor would like to have solicited and received an understanding with the creditors that the plan would be approved after the filing. In a prepackaged bankruptcy, the parties try to have the terms of the reorganization plan approved in advance. This is different from the typical Chapter 11 reorganization process, which may feature a time-consuming and expensive plan development and approval process in which the terms and conditions of the plan are agreed to only after a painstaking negotiation process.

Benefits of Prepackaged Bankruptcy

The completion of the bankruptcy process is usually dramatically shorter in a prepackaged bankruptcy than in the typical Chapter 11 process. Both time and financial resources are saved. This is of great benefit to the distressed debtor, who would prefer to conserve financial resources and spend as little time as possible in the suspended Chapter 11 state. In addition, a prepackaged bankruptcy reduces the holdout problem associated with voluntary nonbankruptcy agreements. In such agreements, the debtor often needs to receive the approval of all the creditors. This is difficult when there are many creditors, particularly many small creditors. One of the ways a voluntary agreement is accomplished is to pay all the small creditors 100% of what they are owed and pay the main creditors, who hold the bulk of the debt, an agreed-upon lower amount.
It was noted previously that approval of a Chapter 11 reorganization plan requires creditors’ approval equal to one-half in number and two-thirds in dollar amount. With the imminent threat of a Chapter 11 filing, creditors know that after the filing is made, these voting percentages, as opposed to unanimity, will apply. Therefore, if the threat of a Chapter 11 filing is real, the postbankruptcy voting threshold will become the operative one during the prepackaged negotiation process.

Prevoted versus Postvoted Prepacks

The voting approval for the prepackaged bankruptcy may take place before or after the plan is filed. In a “prevoted prepack” the results of the voting process are filed with the bankruptcy petition and reorganization plan. In a “postvoted prepack” the voting process is overseen by the bankruptcy court after the Chapter 11 filing.

Tax Advantages of Prepackaged Bankruptcy

A prepackaged bankruptcy may also provide tax benefits because net operating losses are treated differently in a workout than in a bankruptcy. For example, if a company enters into a voluntary negotiated agreement with debtholders whereby debtholders exchange their debt for equity and the original equityholders now own less than 50% of the company, the company may lose its right to claim net operating losses in its tax filings. The forfeiture of these tax-loss carryforwards may have adverse future cash flow consequences. In bankruptcy, however, if the court rules that the firm was insolvent, as defined by a negative net asset value, the right to claim loss carryforwards may be preserved.

Corporate bankruptcy is a complex process. If you are a business owner considering bankruptcy, speak to an experienced South Salt Lake Utah bankruptcy lawyer. The bankruptcy lawyer will review you case and advise you on what you need to do. There is a lot at stake in a corporate bankruptcy. Don’t take chances. Hire an experienced South Salt Lake Utah bankruptcy lawyer.

If you are a creditor and your debtor has filed a Chapter 11 bankruptcy, don’t contact the debtor directly or try to collect the debt. You will be violating the automatic stay. Instead seek an appointment with an experienced South Salt Lake Utah bankruptcy lawyer. Discuss your debt with a bankruptcy lawyer and no one else. The lawyer will advise you on what you need to do next.

South Salt Lake Utah Bankruptcy Lawyer Free Consultation

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506 for your Free Consultation. We want to help you.

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

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4.9 stars – based on 67 reviews

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Should I Get A Divorce Or An Annulment?

There are two
ways to legally end a marriage in the Utah courts — annulment and divorce. An annulment is a legal procedure which cancels a marriage. Annulling a marriage is as though it is completely erased, legally, and it declares that the marriage never technically existed and was never valid. Like it never ever happened. Period.

A divorce, or
legal dissolution of a marriage, is the ending of a valid marriage, returning
both parties to single status with the ability to remarry. While each
individual state has its own laws regarding grounds for marriage annulment or
divorce, certain requirements apply nationwide.

An annulment
case can be initiated by either party in a marriage. The party initiating the
annulment must prove that he or she has the grounds to do so and if it can be
proven, the marriage will be considered null and void by the court. The
following is a list of common grounds for annulment and a short explanation of
each point:

• Bigamy – either party was already married to
  another person at the time of the marriage
• Forced Consent – one of the spouses was forced
  or threatened into marriage and only entered into it under duress
• Fraud – one of the spouses agreed to the
  marriage based on the lies or misrepresentation of the other
• Marriage Prohibited By Law – marriage between
  parties that based on their familial relationship is considered incestuous
• Mental Illness – either spouse was mentally ill
  or emotionally disturbed at the time of the marriage
• Mental Incapacity – either spouse was under the
  influence of alcohol or drugs at the time of the marriage and was unable to
  make informed consent
• Inability to Consummate Marriage – either spouse
  was physically incapable of having sexual relations or impotent during the
  marriage
• Underage Marriage – either spouse was too young
  to enter into marriage without parental consent or court approval.

Depending on
your state of residence, a divorce can be much more complicated than an
annulment. Like annulment cases, each state has its own set of laws regarding
divorce. In most divorce cases, marital assets are divided and debts are
settled. If the marriage has produced children, a divorce proceeding determines
custody of the children, visitation rights and spousal and child support
issues. Each state can have either a no fault divorce or a fault divorce. A
no-fault divorce allows the dissolution of a legal marriage with neither spouse
being named the “guilty party” or the cause for the marital break-up.
Many states now offer the “no-fault” divorce option, dissolution of a
legal marriage in which neither party accepts blame for the marital break-up.
In the absence of a “guilty party,” some states require a waiting
period of a legal separation before a no-fault divorce can take place. For this
reason, in addition to cases where one spouse wishes to assign blame, some
parties seek to expedite the legal process by pursuing a traditional, fault
divorce.

A fault divorce
is only granted when one spouse can prove adequate grounds. Like an annulment,
these grounds vary from state to state; however, there are some overarching
commonalities. These guidelines often include addition to drugs, alcohol or
gambling, incurable mental illness, and conviction of a crime. The major
grounds for divorce that apply in every state are listed below:

• Adultery – one or both spouses engages in
  extramarital relationships with others during the marriage.
• Desertion – one spouse abandons the other,
  physically and emotionally, for a lengthy period of time.
• Physical/Emotional Abuse – one spouse subjects
  the other to physical or violent attacks or emotional or psychological abuse
  such as abusive language, and threats of physical violence

Reasons
for Divorce or Annulment

There are
different reasons for pursuing a divorce versus an annulment. At the core,
ending a marriage is generally because one or both spouses want to leave the
union. But, a divorce, which is much more common, is sought when the parties
acknowledge that the marriage existed, and an annulment is sought when one or
both of the spouses believe that there was something legally invalid about the
marriage in the first place.

Divorce:
Depending on state laws, there may be evidence required in order for a court to
grant a divorce. Generally, a no-fault divorce, in which both parties agree to
end the marriage, is becoming common, although the divorcing couples may still
have disputes about property, finances, child custody, and more that must be
settled through court orders.

Annulment: An
annulment ends a marriage that at least one of the parties believe should never
have taken place. If the marriage took place despite unknown facts, such as a
secret child, or even a secret illness, it may be a marriage that is voidable.
An annulment can also end a marriage if the marriage was not legal to begin
with, making it void. This might occur if issues such as bigamy or incest made
the marriage illegal.

After
a Divorce or Annulment

Legal experts
explain that, among the differences between the two types of marriage
dissolution, the marriage is never considered to have legally happened after an
annulment. In simple terms, An annulment essentially turns back time so that
the act of marriage never happened. The main benefit of annulment is the law
treats the marriage as if it never existed. It’s over, and there are no further
issues to deal with. Divorce, on the other hand, may mean involvement with your
ex-spouse for years to come on issues such as support, property division and
raising children. Annulment isn’t for everyone. Only a small percentage of
those who are married can even qualify for one.

Finances

After a divorce,
spouses are often entitled to a certain number of years of spousal support,
alimony, or a portion of each others’ profits or property gained during the
marriage. With an annulment, in contrast, the parties are not really considered
to have been valid spouses and are not entitled to these same rights.

Length of Time of the Marriage

Often, people
assume that a very brief marriage can be ended with an annulment due to the
short duration. However, legal experts disagree. While many states will not
grant an annulment after a maximum length of time, there is not an automatic
annulment granted to end a marriage because the couple wants to end it after a
short period of time. Annulments are only granted when the marriage is void or
one spouse misled the other spouse regarding a material fact prior to the
marriage. Annulments are granted based upon very limited statutory grounds such
as fraud, duress, mental incapacity such as (intoxication), failure to
consummate, and incidents which involve prohibited marriages such as bigamy or
close blood relatives. The length of the marriage is irrelevant when it comes
to annulments.

Both types of
marriage dissolution can be fairly complicated from a legal standpoint,
requiring costly and lengthy legal proceedings. Yet, either a divorce or an
annulment can also be simple and low-cost if both parties agree to end the
union without too many disputes or disagreements about how to do so.

Religious Rules

Many religions
that have guidelines regarding divorce and annulment. Often, permission is
granted by religious clergy or by written guidelines. Obtaining permission to
have an annulment or a divorce from your religious leaders is usually a
completely separate process from the legal process. The rules regarding divorce
and annulment in your religion often determine whether one, both or neither of
the partners has permission to marry again within the religion or in a
religious ceremony or to participate in religious rituals. A court of law may
consider your religious marital status but does not have to recognize the
religious determinations when making rulings about spousal support, property
disputes, or any other legal issues.

A family court
judge may issue an annulment at the request of one individual, or at the
couple’s mutual request. Generally, a judge will be inclined to grant the
annulment request if the parties agree to an annulment, and to the reason(s)
for why the annulment is sought, however, in many instances, only one party
seeks an annulment. A party that seeks an annulment can do so by bringing an
annulment action in family court. If the other person does not want an
annulment or does not believe there are grounds for one, the judge will hold a
hearing. At the hearing, the judge will consider evidence from both sides as to
whether an annulment can be granted. Typically, these hearings are not held
before a jury.

Annulled
marriages are regarded as though they never existed. Therefore, courts faced
with how to divide assets in an annulment situation attempt try to leave the
couple in the same financial it was in before the marriage ever happened. This
means that if the parties did not have any marital assets, the parties will
each be left with whatever money or property they brought to the marriage with
them on their own. Sometimes, couples obtain shared property or assets before
the annulment. Courts must decide how the property should be divided.
Generally, courts divide shared property, and shared debt, on an equitable
basis, or equitably.

In equitably
dividing assets and debt, courts look at the facts and circumstances in each
case. Courts attempt to reach an equitable, or fair, resolution. A fair
resolution for both parties involves taking each party’s specific needs
(including financial needs) and circumstances into account. Generally, children
born to a couple whose marriage is later annulled are considered legitimate. In
other words, after the annulment, both parties to the annulled marriage are the
legal parents of a child, just as they would be had the marriage ended in
divorce.  If, upon annulment, there are
child support and child custody issues, courts will generally apply the state’s
laws regarding divorced couple child support and custody issues.

Generally, there
is no period of time (e.g., three years, ten years) after the marriage by which
an annulment must be sought. Practical considerations, however, might make
obtaining an annulment earlier, rather than later, a prudent idea. The longer a
party or couple waits or decides to request an annulment, the more complicated
it becomes for a court to equitably divide assets and work out child custody
and support issues. A party who brings an action for annulment later rather
than sooner may have harder time presenting evidence. This is because, among
other reasons, memories fade, details are forgotten, and witnesses may die or
become unavailable, with the passage of time. Also, many people seek an
annulment to escape a social or religious stigma of divorce. Delay or wait in
obtaining an annulment is, in effect, a delay in a person’s ability to remarry,
whether they wish to do so consistently with their faith or for other reasons
unique to the individual.   

How to Be Eligible for an
Annulment

While a divorce
terminates a legal marriage, an annulment means that the marriage never existed
legally. To qualify for an annulment, a marriage must be legally void or
voidable. Void means that it is not valid, while voidable means that a court
can declare it to be invalid if it is challenged. To be eligible for an
annulment you must be able to prove one of the specific grounds to establish
that your marriage is void or voidable. Otherwise, eligibility for an annulment
is simple. However, many states require strict proof to declare an annulment.

Step 1: Meet one of the
legal grounds for annulment. Although the grounds vary from state to state,
several reasons for annulment are common to all states. If a spouse did not
have the legal capacity or the legal intent to enter into the marriage, an
annulment is possible. Some common reasons that a spouse does not have the
legal capacity to marry include a preexisting marriage, mental incapacity or
being underage. Another reason is consanguinity, or a marriage between close
relatives, which is illegal.

Step 2: Determine if you
were married without the proper intent, as an alternative to lacking the
capacity to marry. A person who marries under fraudulent circumstances or under
duress lacks the proper intent to enter into a marriage. For example, a person
with false identity commits fraud if he marries someone who has no knowledge of
his true identity. Another example is a sham marriage, in which the parties
marry to deceive a government or corporate entity. A marriage that has not been
consummated by physical relations can be annulled in some states.

Step 3: Be the innocent
spouse in your marriage in order to file for an annulment. In some states and
under certain circumstances, the wrongdoer in a marriage cannot be the
plaintiff in a lawsuit for annulment. For example, if a man forced you to marry
him under duress, he cannot file for annulment himself. Or, if you were tricked
into marrying someone but remained married after you learned the truth, you
cannot file for an annulment in many states because your actions retroactively
approved the marriage agreement.

Step 4: Meet the residency
requirements for the county and state where you seek an annulment. Usually, you
or your spouse must have lived in the county for at least 90 days prior to
filing for an annulment. Many states require a much longer period of residency.
A lawyer or other officer of the court can tell you if you meet the residency
requirements.

Step 5: Meet your state’s
statute of limitations for annulment. For example, you might have to file
within 90 days of the wedding ceremony, depending on the reason you are filing.
You can find out if your state requires you to file within a certain time frame
by consulting a lawyer.

Annulment and Divorce Lawyer Free Consultation

If you need to get either a divorce or an annulment in Utah, please call Ascent Law at (801) 676-5506 for your Free Consultation. We will help you.

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

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