Business Lawyer West Jordan Utah: September 2020

Wednesday, September 30, 2020

Can A Private Company Do Private Placement?

Private placement is a common method of raising business capital by offering equity shares. Private placements can be done by either private companies wishing to acquire a few select investors or by publicly traded companies as a secondary stock offering. When a publicly-traded company issues a private placement, existing shareholders often sustain at least a short-term loss from the resulting dilution of their shares. However, stockholders may see long-term gains if the company can effectively invest the extra capital obtained and ultimately increase its revenues and profitability. Private placement is an issue of stock either to an individual person or corporate entity, or to a small group of investors. Investors typically involved in private placement issues are either institutional investors, such as banks and pension funds, or high-net-worth individuals. A private placement has minimal regulatory requirements and standards that it must abide by. The investment does not require a prospectus and, quite often, detailed financial information is not disclosed. For an individual investor to participate in a private placement offering, he must be an accredited investor as defined under regulations of the Securities and Exchange Commission (SEC). This requirement is usually met by having a net worth in excess of $1 million or an annual income in excess of $200,000.

Private Placement and Share Price

If the entity conducting a private placement is a private company, the private placement offering has no effect on share price because there are no pre-existing shares. With a publicly-traded company, the percentage of equity ownership that existing shareholders have prior to the private placement is diluted by the secondary issuance of additional stock, since this increases the total number of shares outstanding. The extent of the dilution is proportionate to the size of the private placement offering. For example, if there were 1 million shares of a company’s stock outstanding prior to a private placement offering of 100,000 shares, then the private placement would result in existing shareholders having 10 percent less of an equity interest in the company. However, if the company offered an additional 1 million shares through the private placement, that would reduce the ownership percentage of existing shareholders by 50 percent.

Motivation for Private Placement

The dilution of shares commonly leads to a corresponding decline in share price at least in the near-term. The effect of a private placement offering on share price is similar to the effect of a company doing a stock split. The long-term effect on share price is much less certain and depends on how effectively the company employs the additional capital raised from the private placement. An important factor in determining the long-term share price is the company’s reason for the private placement. If the company was on the verge of insolvency and did the private placement as a means of avoiding bankruptcy, it would not bode well for the company’s shareholders. However, if the motivation for the private placement was a circumstance in which the company saw an outstanding opportunity for rapid growth that simply required additional financing, then the eventual extra profits realized from the company’s expansion may push its stock price substantially higher. Another possible motivation for doing a private placement could be that the company cannot attract large numbers of institutional or retail investors. This might be the case if the company’s market sector is currently considered unattractive, or there are only a few analysts covering the company. At the Investment Risk Analysis stage, the investor will determine a credit rating for the company issuing the private placement, which reflects how capable the issuer is of making interest and principal payments. This process is similar to how rating agencies determine ratings for public bond issuers.

The lender will ask questions such as:
• How stable are the company’s revenues and earnings?
• How stable are input costs and operating expenses?
• How stable is the management team and how deep is the bench?
• Who are the company’s main competitors and what are the competitive dynamics of the industry?
• Who are the main customers, and is there any significant customer concentration?
• Is the company profitable? Why or why not?
• What is the long-term target debt to equity ratio?
• What is the long-term target debt to earnings ratio?
• What other debt obligations are outstanding?
• What is their track record for paying creditors?
• What is the company’s long-term growth strategy?
After answering these questions and performing a full analysis of the company’s financials, an investor can determine how much risk they feel is associated with providing capital to the company. Generally, the higher the risk, the lower the quality rating.

Next, during the Pricing step, the investor determines what interest rate is needed to compensate for the associated risk. Private placements are priced similarly to public securities, where pricing is typically determined by adding a credit risk premium (or spread) to the corresponding U.S. Treasury rate.

Once the company and the investor agree to a spread, they move to the Rate Lock step. This is when the private placement investor and the company agree to lock-in the interest rate (or coupon) based on the agreed upon spread and the prevailing U.S. Treasury rate at a specific day and time. For non-USD financing, the multi-currency swap would also be executed at this stage.

The final step, closing, is the formal exchange during which the actual transfer takes place between the company and the lender; the issuer transfers the security that was offered to the investor in exchange for the capital the investor agreed to pay for it. The steps to closing very much resemble the process for establishing a line of credit with banks.
A private placement memorandum is a disclosure document that is drafted by an issuing company and given to investors for their capital (hopefully). The offering memo will also discuss the management team and their skills, as well as the risk factors of the company. It is important to list the risk factors of the business so that investor can make an educated choice regarding investing. In addition, tax implications of the investor will also be discussed, as well as various rules and regulations involving foreign investment. The private placement memorandum is an opportunity to tell the story of the company, its product and service offerings, the benefits to investors, long term payout and strategy and more. Giving a potential prospect an investor ready private placement memorandum is good business practice and looks professional. A private company is a firm held under private ownership. Private companies may issue stock and have shareholders, but their shares do not trade on public exchanges and are not issued through an initial public offering (IPO). As a result, private firms do not need to meet the Securities and Exchange Commission’s (SEC) strict filing requirements for public companies. In general, the shares of these businesses are less liquid, and their valuations are more difficult to determine.

Types of Private Companies

• Sole proprietorships put company ownership in the hands of one person. A sole proprietorship is not its own legal entity; its assets, liabilities and all financial obligations fall completely onto the individual owner. While this gives the individual total control over decisions, it also raises risk and makes it harder to raise money. Partnerships are another type of ownership structure for private companies; they share the unlimited liability aspect of sole proprietorships but include at least two owners.
• Limited liability companies (LLCs) often have multiple owners who share ownership and liability. This ownership structure merges some of the benefits of partnerships and corporations, including pass-through income taxation and limited liability without having to incorporate.
• S Corporations and C corporations are similar to public companies with shareholders. However, these types of companies can remain private and do not need to submit quarterly or annual financial reports. S corporations can have no more than 100 shareholders and are not taxed on their profits while C corporations can have an unlimited number of shareholders but are subject to double taxation.

Why Companies Stay Private

The high cost of undertaking an IPO is one reason why many smaller companies stay private. Public companies also require more disclosure and must publicly release financial statements and other filings on a regular schedule. These filings include annual reports (10-K), quarterly reports (10-Q), major events (8-K) and proxy statements. Another reason why companies stay private is to maintain family ownership. Many of the largest private companies today have been owned by the same families for multiple generations, such as the aforementioned Koch Industries, which has remained in the Koch family since its founding in 1940. Staying private means a company does not have to answer to its public shareholders or choose different members for the board of directors. Some family-owned companies have gone public, and many maintain family ownership and control through a dual-class share structure, meaning family-owned shares can have more voting rights. Going public is a final step for private companies. An IPO costs money and takes time for the company to set up. Fees associated with going public include an SEC registration fee, Financial Industry Regulatory Authority (FINRA) filing fee, a stock exchange listing fee and money paid to the underwriters of the offering.

Advantages of a Private Limited Company

A private limited company (pvt ltd company) is the most common vehicle to carry on business for an entity intending to make a profit and enjoy the benefits of an incorporated entity, particularly limited liability. Besides, limited liability and minimal statutory compliances, pvt ltd companies offer the following advantages:

Separate Legal Entity

An entity means something which has a real existence; a thing with distinct existence. A company is a legal entity and a juristic person established under the Act. A juristic person is a person who is not a natural person or human being. Therefore a company form of organization has wide legal capacity and can own property and also incur debts. The members (Shareholders/Directors) of a company have no liability to the creditors of a company for such debts. Hence, a pvt ltd company is a legal entity separate from that of its members.

A company has ‘perpetual succession’, that is continued or uninterrupted existence until it is legally dissolved. A company, being a separate legal person, is unaffected by the death or other departure of any member but continues to be in existence irrespective of the changes in membership. Perpetual succession is one of the most important characteristics of a company.

Limited Liability means the status of being legally responsible only to a limited amount for debts of a company. Unlike proprietorships and partnerships, in a limited liability company the liability of the members in respect of the company’s debts is limited. In other words, the liability of the members of a company is limited only to the extent of the face value of shares taken up by them. Therefore, where a company is limited by shares, the liability of the members on a winding-up is limited to the amount unpaid on their shares.

Shares of a company limited by shares are transferable by a shareholder t any other person. The transfer is easy as compared to the transfer of interest in business run as a proprietary concern or a partnership. Filing and signing a share transfer form and handing over the buyer of the shares along with share certificate can easily transfer shares.

A company being a juristic person, can acquire, own, enjoy and alienate property in its own name. No shareholder can make any claim upon the property of the company so long as the company is a going concern. The shareholders are not the owners of the company’s property. The company itself is the true owner.

To sue means to institute legal proceedings against or to bring a suit in a court of law. Just as one person can bring a legal action in his/her own name against another in that person’s name, a company being an independent legal entity can sue and also be sued in its own name.

In the company form of organization it is possible for a company to make a valid and effective contract with any of its members. It is also possible for a person to be in control of a company and at the same time be in its employment. Thus, a person can at the same time be a shareholder, creditor, director and also an employee of the company.

A company enjoys better avenues for borrowing of funds. It can issue debentures, secured as well as unsecured and can also accept deposits from the public, etc. Even banking and financial institutions prefer to render large financial assistance to a company rather than partnership firms or proprietary concerns. The growth of trade and business led to many problems that traditional forms of business did not solve. For example, the unlimited liability feature of a sole proprietorship form of business resulted in people forming partnerships, but even that proved to be too inadequate and risky. This is when the concept of companies emerged, and private companies form of business is the oldest example of it.

The Companies Act has provided certain privileges and exemptions to private companies that public companies do not possess. These privileges accord them greater freedom in conducting their affairs. Here are some examples of them:
• No need to prepare a report for annual general meetings.
• Only 2 minimum directors required.
• No need to appoint independent directors.
• They can adopt additional grounds for the disqualification of directors and vacation of their office.
• They can pay greater remuneration to their directors than compared to some other types of companies.
Limitations of Private Companies
Despite all the advantages they offer, private companies also have the following limitations:
• Private companies cannot freely transfer shares to the public.
• They find it more difficult than public companies to access external financial support.
• Shareholders have greater risks and liabilities.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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

Recent Posts

Foreclosure Lawyer North Salt Lake Utah

Cobra In Divorce

Stop Foreclosure

Child Emancipation

Utah Divorce Code 30-3-32

Custody Lawyers In Utah County

{
“@context”: “http://schema.org/”,
“@type”: “Product”,
“name”: “ascentlawfirm”,
“description”: “Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you.
“,
“brand”: {
“@type”: “Thing”,
“name”: “ascentlawfirm”
},
“aggregateRating”: {
“@type”: “AggregateRating”,
“ratingValue”: “4.9”,
“ratingCount”: “118”
},
“offers”: {
“@type”: “Offer”,
“priceCurrency”: “USD”
}
}

The post Can A Private Company Do Private Placement? first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/can-a-private-company-do-private-placement/

Custody Lawyers In Utah County

• Utah County is located 44 miles south of Salt Lake City, Utah.
• The name “Utah” comes from the Native American “Ute” tribe and means ‘people of the mountains’.
• Utah County is the second largest county, in terms of population, in the state of Utah. The population is 622,213* residents.
• Population density of 234.1 people per square mile.
• The county seat is the city of Provo.
• The elevation in the valley ranges between 4,480 – 4,700 feet above sea level. The highest point is Mt. Nebo at 11,928 ft. and the lowest point is at the Jordan River Flood Plain at 4,480 ft.
• The county is 2,142 square miles, 2.45% of the State of Utah and 16th largest in area in the state.
• The average winter temperatures are a maximum of 37 degrees and a minimum of 14 degrees.
• The average summertime temperatures are a maximum of 92 degrees and a minimum of 54 degrees.
• Utah County is a county in the U.S. state of Utah. As of the 2010 United States Census, the population was 516,564, thus making it Utah’s second-most populous county. The county seat and largest city is Provo, which is the state’s third-largest city.

• Utah County is part of the Provo-Orem, UT Metropolitan Statistical Area as well as the Salt Lake City-Provo-Orem, UT Combined Statistical Area.
• In 2010, the center of population of Utah was in Utah County, in the city of Saratoga Springs.
• Utah County is one of seven counties in the United States to have the same name as its state.
• The legislature of the State of Deseret created a county on January 31, 1850, to govern the civic affairs of Utah Valley, which by the 1850s was bustling with newly arrived settlers. The county name derived from the valley name, which derived from the Spanish name (Yuta) for the Ute Indians. The State of Deseret was dissolved soon after (April 5, 1851), but the counties it had set in place continued in existence. There is little record of any official activity conducted by the fledgling county until April 18, 1852, when a full slate of county officials was published and recordkeeping began. The first courthouse was built in central Provo in 1866-67. It was soon outgrown, and was replaced by a second courthouse (1872–73). By the 1920s this building was also cramped, and the decision was made to erect a combined city-county building, which was completed in 1926.
• The county’s boundaries were adjusted in 1852, 1854, 1856, 1862, 1880, and 1884. It has retained its present boundary since 1884.
Utah Child Custody Laws
When a couple with children breaks up, the responsibility to care for the children must be shared by both parents. An important aspect is child custody or with whom the child will live with and what visitation with the other parent will be like. Another part of this responsibility is financial support, in the form of child support.

Best Interest of the Child

Utah family courts, like those in most states, determine child custody matters using the “best interests of the child.” The factors considered by the judge include:
• Past conduct and demonstrated moral standards of the parties
• Parent most likely to act in the best interest of the child, including allowing child frequent contact with non-custodial parent
• Bonding between each parent and the child
• If a parent has intentionally exposed the child to pornography or other harmful sexual-related materials
• Physical, psychological, and emotional needs of the child
• Both parent’s ability to reach shared decisions for the child and prioritize the child’s welfare
• If both parents participated in raising the child before the divorce
• The geographic proximity of the parents’ homes
• The child’s preferences
• Parents ability to protect child from their conflict
• Past and present ability to cooperate with each other in parenting and making decisions
• Any history of child abuse, domestic violence, or kidnapping
• Any other relevant factors
When parents can’t develop their own parenting schedule, the court can establish an appropriate schedule more or less than the statutory minimum parent-time based on the following best interest of the child factors:
• How parent-time would negative impact child’s physical health and emotional development
• Distance between child’s home and the non-custodial parent’s home
• Allegations of child abuse
• Lack of demonstrated parenting skills when there’s no safeguards to ensure child’s safety
• Financial inability of non-custodial parent to provide food and shelter during parent-time
• Child’s preference, if sufficiently mature
• Parent’s incarceration
• Shared interests of the child and non-custodial parent
• Non-custodial parent’s involvement in the child’s school, community, religious, or other related activities
• Non-custodial parent’s availability to care for the child when the custodial parent is working or has other obligations
• Chronic pattern of missing, canceling or denying regularly scheduled parenting time
• Parent-time schedule of siblings
• Lack of reasonable alternatives for nursing child
• Any other criteria the court feels is relevant to the best interests of the child

Uniform Child Custody Act: The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was enacted in Utah in 2000. This Act superseded the previously adopted version, the Uniform Child Custody Jurisdiction Act (UCCJA).
Joint Custody: In Utah, parents can have joint custody, including joint physical custody (where the child lives) and joint legal custody (who can make life, medical, educational, etc. decisions for a child).
Grandparent Visitation: Grandparents can get visitation rights to see their grandchildren. Additionally, a grandparent or any other adult relative by marriage or blood who raised a child could get custody or visitation of the child, if it’s found to be in the child’s best interests.
Child’s Wishes: A child’s wishes are considered by the court when the judge feels the child is sufficiently mature and has the capacity to reason to form an intelligent preference.
If you need to create or modify a parenting plan in a Utah court, than you should speak with an experienced local child custody lawyer about your options.

What Does it Cost to File for Custody in Utah?

The filing fee for a child custody case in Utah is $360. There are also costs associated with service. See, once you file your initial custody documents with the Court, you have to have someone serve your soon-to-be ex with those documents. The Utah Rules of Civil Procedure specify you can’t do that personally (too much room for monkey business), so you should have a professional process server do it. That might be a constable with the sheriff’s office, or a company that serves these sorts of documents regularly. Either way, the cost will likely range from $15 to $30. All told, the cost to file and serve a custody case averages around $400.
Reasons Parents Lose Custody Of Their Children
Although most laws are designed to help divorced parents maintain a healthy relationship with their children, there are times when some issues may disqualify divorcees from having legal custody of their kids. Most of these cases involve allegations related to child abuse or neglect. However, some allegations could be false statements from a contentious former spouse. If you are dealing with a child custody matter is best you contact a child custody attorney to discuss your legal options.
The Process
The process generally starts with one of the parents notifying the court about his or her concern involving a former spouse or parent of the children. Evidence must be provided otherwise the allegations of abuse are not valid. If the judge determines the behavior is a threat to the child’s safety, an investigation will take place. An investigator may take a look at the circumstances surrounding the allegations and decide whether or not the allegations are true.

This is a common reason why some parents may lose the custody of their children. The court will see if there is a history of child abuse. Some factors that help the judge determine if there was child abuse include scars, bruises, marks, and cuts. Whether it was initiated by anger or inappropriate behavior, child abuse will definitely cause the parents lose custody of their children. If you suspect your former spouse has abused your child, notify the police and contact child custody attorney.
Domestic Violence
There are cases that don’t involve child abuse yet if the child witnessed child abuse against the other parent during the last 5 years; the court may deny sole child custody. A history of abuse will be considered when making custody decisions. Granting custody to an abusive parent is not in the child’s best interest.
Drug And Alcohol Abuse
Courts will also take a look at other factors such as the use of controlled substances. The habitual use of drugs or alcohol by either parent is detrimental to the interests and safety of the kids, therefore, the parent addicted to these substances can’t be trusted with raising the children.
Violating A Court Order
Parents should respect custody orders. Doing otherwise may result in a parent losing custody. Although it’s all based on how the order was written, violating the order doesn’t help advance the case. Some cases involving joint custody, for example, require both parents making important decisions about the child. If one of the parents fails to consult the other parent before making an important decision, the custody order could be modified and the parent may lose custody.

Parental Alienation and Co-Parenting

When one of the parents is manipulative and he or she uses these tactics to alienate the children from his or her former spouse, there is a chance he or she will lose the custody. Co-parenting is sometimes the best option in some scenarios as it allows parents that can’t get along to follow a strict joint custody schedule.
Types of custody orders
There are two kinds of child custody:
• Legal custody, which means who makes important decisions for your children (like health care, education, and welfare), and
• Physical custody, which means who your children live with.
Legal custody can be:
• Joint, where both parents share the right and responsibility to make the important decisions about the health, education, and welfare of the children.
• Sole, where only 1 parent has the right and responsibility to make the important decisions about the health, education, and welfare of the children.
Parents with legal custody make decisions or choices about their children’s:
• School or child care
• Religious activities or institutions
• Psychiatric, psychological, or other mental health counseling or therapy needs
• Doctor, dentist, orthodontist, or other health professional (except in emergency situations)
• Sports, summer camp, vacation, or extracurricular activities
• Travel
• Residence (where the children will live)
Parents who share legal custody both have the right to make decisions about these aspects of their children’s lives, but they do not have to agree on every decision. Either parent can make a decision alone. But to avoid having problems and ending up back in court, both parents should communicate with each other and cooperate in making decisions together.
Physical custody can be:
• Joint, which means that the children live with both parents.
• Sole or primary, which means the children live with 1 parent most of the time and usually visit the other parent.
Joint physical custody does not mean that the children must spend exactly half the time with each parent. Usually the children spend a little more time with 1 parent than the other because it is too hard to split the time exactly in half. When 1 parent has the children more than half of the time, then that parent is sometimes called the “primary custodial parent.” Sometimes, a judge gives parents joint legal custody, but not joint physical custody. This means that both parents share the responsibility for making important decisions in the children’s lives, but the children live with 1 parent most of the time. The parent who does not have physical custody usually has visitation with the children.
Types of visitation orders
Visitation (also called “time-share”) is the plan for how the parents will share time with the children. A parent who has the children less than half of the time has visitation with the children. Visitation orders are varied, depending on the best interests of the children, the situation of the parents, and other factors. In general, visitation can be:
• Visitation according to a schedule: Generally, it helps the parents and children to have detailed visitation plans to prevent conflicts and confusion, so parents and courts often come up with a visitation schedule detailing the dates and times that the children will be with each parent. Visitation schedules can include holidays, special occasions (like birthdays, mother’s day, father’s day, and other important dates for the family), and vacations.
• Reasonable visitation: A reasonable visitation order does not necessarily have details as to when the children will be with each parent. Usually, these orders are open-ended and allow the parents to work it out between them. This type of visitation plan can work if parents get along very well and can be flexible and communicate well with one another. But if there are ever disagreements or misunderstandings, this kind of an open schedule can cause issues between the parents, and the children may suffer as a result.
• Supervised visitation: This is used when the children’s safety and well-being require that visits with the other parent be supervised by you, another adult, or a professional agency. Click for more information on supervised visitation. Supervised visitation is sometimes also used in cases where a child and a parent need time to become more familiar with each other, like if a parent has not seen the child in a long time and they need to slowly get to know each other again.
• No visitation: This option is used when visiting with the parent, even with supervision, would be physically or emotionally harmful to the children. In these cases, it is not in the best interest of the children for the parent to have any contact with the children.
The law on deciding custody and visitation
The law says that judges must give custody according to what is in the “best interest of the child.” To decide what is best for a child, the court will consider:
• The age of the child,
• The health of the child,
• The emotional ties between the parents and the child,
• The ability of the parents to care for the child,
• Any history of family violence or substance abuse, and
• The child’s ties to school, home, and his or her community.

Free Initial Consultation with Lawyer

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

Recent Posts

Utah Divorce Code 30-3-18

Foreclosure Lawyer North Salt Lake Utah

Child Custody Battles

Marijuana Business Law

Auto Accident Law

Utah Divorce Code 30-3-32

The post Custody Lawyers In Utah County first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/custody-lawyers-in-utah-county/

Tuesday, September 29, 2020

Utah Divorce Code 30-3-32

Utah Code 30-3-32: Parent-Time — Intent — Policy — Definitions

1. It is the intent of the Legislature to promote parent-time at a level consistent with all parties’ interests.
2. (a) A court shall consider as primary the safety and well-being of the child and the parent who experiences domestic or family violence.
(b) Absent a showing by a preponderance of evidence of real harm or substantiated potential harm to the child:
I. it is in the best interests of the child of divorcing, divorced, or adjudicated parents to have frequent, meaningful, and continuing access to each parent following separation or divorce;
II. each divorcing, separating, or adjudicated parent is entitled to and responsible for frequent, meaningful, and continuing access with the parent’s child consistent with the child’s best interests; and
III. It is in the best interests of the child to have both parents actively involved in parenting the child.
(c) An order issued by a court pursuant to Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act, shall be considered evidence of real harm or substantiated potential harm to the child.
3. For purposes of Sections 30-3-32 through 30-3-37:
(a) “Child” means the child or children of divorcing, separating, or adjudicated parents.
(b) Subject to Subsection (5), “Christmas school vacation” means:
I. for a single child, the time period beginning on the evening the child is released from school for the Christmas or winter school break and ending the evening before the child returns to school; and
II. for multiple children when the children’s school schedules differ, the time period beginning on the first evening all children’s schools are released for the Christmas or winter school break and ending the evening before any of the children returns to school.

(c) “Extended parent-time” means a period of parent-time other than a weekend, holiday as provided in Subsections 30-3-35(2)(f) and (2)(g), religious holidays as provided in Subsections 30-3-33(3) and (17), and “Christmas school vacation.”
(d) “Supervised parent-time” means parent-time that requires the noncustodial parent to be accompanied during parent-time by an individual approved by the court.
(e) “Surrogate care” means care by any individual other than the parent of the child.
(f) “Uninterrupted time” means parent-time exercised by one parent without interruption at any time by the presence of the other parent.
(g) “Virtual parent-time” means parent-time facilitated by tools such as telephone, email, instant messaging, video conferencing, and other wired or wireless technologies over the Internet or other communication media to supplement in-person visits between a noncustodial parent and a child or between a child and the custodial parent when the child is staying with the noncustodial parent. Virtual parent-time is designed to supplement, not replace, in-person parent-time.
(h) If a parent relocates because of an act of domestic violence or family violence by the other parent, the court shall make specific findings and orders with regards to the application of Section 30-3-37.
(i) A Christmas school vacation shall be divided equally as required by Section 30-3-35.
Parents who come to court about child custody and parenting time (also called “visitation”) face decisions about parenting plans for their children. This section gives you information about parenting after separation or divorce. It helps you understand what your children may be going through and what they may need to adjust to the changes in their lives. It also gives you information to make a parenting plan for you, your children’s other parent, and your children that is based on the best interest of your children.

Children and Separation or Divorce

When parents separate or get a divorce, their children are affected in many different ways. Get information to help you understand what your children may be going through so you can help them cope with your separation. You know your children best and you can use the information provided here to help them and come up with a parenting plan that is in their best interests.

Parenting Plans

A parenting plan, also called a “custody and visitation agreement” or a “time-share plan,” is the parent’s written agreement about how much time the child will spend with each parent, and how the parents will make decisions about the child’s welfare and education. Learn what you should think about when deciding on a parenting plan that is in the best interests of your child, what should be in your parenting plan, and how to write up your parenting plan.

Children are entitled to financial and emotional support from both parents.
The public child support system strives to ensure children receive financial support through their role in establishing and collecting child support orders for the children they serve. Ensuring children receive emotional support is more complicated. Research suggests that one way to address the emotional support and well-being of children is through frequent and continuous contact with both parents. This can be achieved through parenting time arrangements established for children born to unmarried parents or upon the divorce or separation of parents who were married. It is often noted that the more time a noncustodial parent spends with their child, the more child support will be paid. A 2011 Census Bureau report showed custodial parents with joint-custody/parenting time arrangements received full child support payments over half of the time, while just 30.7 percent of custodial parents received full child support payment when there was no contact between the child and the noncustodial parent. This intersection of child support and parenting time is a complicated one that affects a large number of children and families.

In 2011, 23.4 million children under the age of 21 lived with just one parent and in 2014; approximately 40 percent of births were to unmarried mothers. While many states allow for child support to be adjusted based on the amount of time each parent spends with the child, most child support orders established by the public child support system do not include a corresponding parenting time order or arrangement. In fact, nearly 7 of 10 parents involved with the public child support program do not have an official parenting time order. The primary reason for this disconnect is that Title IV-D of the Social Security Act, which governs the public child support enforcement system, does not allow expenditure of federal funds for the establishment or negotiation of parenting time arrangements. With the passage of the Preventing Sex Trafficking and Strengthening Families Act of 2014 (PL113-183) Congress specifically addressed the issue of parenting time with the following Findings and Sense of Congress (§303):
The Congress finds as follows:

• the separation of a child from a parent does not end the financial or other responsibilities of the parent toward the child, and
• increased parental access and visitation not only improve parent-child relationships and outcomes for children, but also have been demonstrated to result in improved child support collections, which creates a double win for children, a more engaged parent and improved financial security.

The Act also expresses the sense of the Congress that:
• establishing parenting time arrangements when obtaining child support orders is an important goal which should be accompanied by strong family violence safeguards, and
• states should use existing funding sources to support the establishment of parenting time arrangements.
In addition to the lack of funding for services to establish parenting time orders, the court process and the marital status of the parents can have major impacts on whether parents establish official parenting time orders. States have addressed this issue in varying ways, through state legislation as well as using federal grants to establish programs aimed at increasing parental engagement and parenting time orders.

Married vs. Unmarried Parents

When a married couple is ending their relationship, the state is generally responsible for formalizing the dissolution of that relationship. When a married couple with children gets divorced, state family law statutes have procedures for determining child support and parenting time as part of a unified court process. States may require mediation, parent education classes, or development of specific parenting plans as part of the divorce process all based upon the presumption that both the mother and the father will continue to have ongoing contact and time with their children. In general, only in unusual or extreme situations (e.g. abuse or neglect, domestic violence) is the presumption of ongoing contact overcome. Conversely, unmarried parents do not require the state to end their relationship. And unlike divorcing couples, state family law varies widely in its presumptions related to the parenting rights of unmarried fathers. Unmarried parents needing assistance with paternity establishment and child support can, at little or no cost, receive assistance from the state child support agency, but there is no similar resource available to assist unmarried parents with establishing parenting time arrangements.

In addition, unmarried parents generally must navigate an entirely different court process than the one through which they received a child support order. This can be costly, confusing and time consuming. The different family law processes specific to unmarried parents frequently begin at birth. Married fathers are automatically presumed to be the child’s father while unmarried fathers must sign a voluntary acknowledgement of paternity or prove their legal standing as a father some other way. In addition, state laws give married fathers equal custodial and decision-making rights as mothers (because it is assumed that married parents live together). This is not the case with unmarried parents. In fact, in 14 states (Arkansas, Arizona, Florida, Georgia, Iowa, Maryland, Massachusetts, Minnesota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Wisconsin), when a child is born to unmarried parents, even though the father signs a paternity acknowledgment form, the mom is automatically given sole custody. In the other 36 states, unmarried fathers who sign a paternity acknowledgment form are given the same legal presumptions to custody as married fathers. Many states have attempted to address the disparate treatment of unmarried fathers by granting those fathers, once they have legally established paternity, with similar rights and responsibilities as married fathers. Most recently, Nevada enacted 2015 Assembly Bill 263 which specifically expands the applicability of the custody and visitation laws to all children regardless of whether they were born to parents who were married or unmarried. The bill defaults the custody arrangement to joint legal and physical custody until or unless a court orders otherwise.

State Policies

States that address child support and parenting time together do so in various ways. The majority of states provide an adjustment in their child support guidelines for parenting time. Some states provide limited assistance to parents interested in parenting time orders through court-based self-help services or family law facilitators, and a few states provide methods for addressing both child support and parenting time in the same order, or at the same time.

Child Support Guideline Adjustments for Parenting Time

Approximately 36 states and D.C. have an adjustment in the child support guidelines for parenting time. This means that if the parents have established a parenting time order, the amount of time that each parent spends with the child will impact the amount of child support he or she pays or receives. Many jurisdictions will allow parents to informally agree on the amount of time the child spends with each parent to facilitate determination of child support obligations, but these informal agreements are not legally enforceable orders.

In Utah, there are minimum schedules for parenting time based on whether the child is under 5 years of age or between the ages of 5 and 18 As with most parenting-time laws, these schedules are applicable in the case of divorce, and do not necessarily apply to unmarried parents. These minimum parenting time schedules have the potential to provide the type of consistency that the Texas standard possession order affords parents, allowing them to rely on predictable parent-time orders if they are not able to come up with an agreement otherwise. During the 2015 legislative session, Utah enacted an optional schedule for parenting-time for children 5 to 18 years of age and includes a provision for child support adjustments based on this schedule. The bill states that any child support calculation should be consistent with the rules regarding joint physical custody in the child support guidelines.

Promote Parenting Time

Some states, through federal grants, have developed resources to address child support and parenting time issues simultaneously.

The federal Office of Child Support Enforcement (OCSE) administers an Access and Visitation program which provides total pool of $10 million in formula grants to states each year. The grants are designed to facilitate noncustodial parents’ access to and visitation with their children. States are permitted to use the grant funds for:
• Mediation
• Development of parenting plans
• Education
• Counseling
• Visitation enforcement, including supervised visitation and neutral drop-off and pick-up; and/or
• Development of guidelines for visitation and alternative custody arrangements
Some states have used these grant funds to facilitate parenting time orders for unmarried parents going through the child support process, but these efforts have generally been small scale and limited in scope. According to the Access and Visitation Grant Program, the programs saw the following results:
• Noncustodial fathers and custodial mothers comprised the highest percentage of participants, 36 and 34 percent respectively.
• Parent education was the most utilized service at 41 percent, follow by mediation at 24 percent.
• Nearly two-thirds of participants were referred by either a court or child support agency.
• More than half of participants had never been married to one another
• Nearly half of participants earn less than $20,000, with over a quarter earning less than $10,000.
• 49 percent of participants were white, while the other half belong to a minority group
• Participation in the AV program increased parenting time for 62 percent of noncustodial fathers and 47 percent of noncustodial mothers.
Terms Used In Utah Code 30-3-32
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Utah Divorce Lawyer

When you need a Utah Divorce Lawyer, please call Ascent Law LLC 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

Recent Posts

Residential Debt Negotiation

Easement Law

IRS Tax Penalties

Marital Property Law

Utah Divorce Code 30-3-18

Foreclosure Lawyer North Salt Lake Utah

The post Utah Divorce Code 30-3-32 first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/utah-divorce-code-30-3-32/

Foreclosure Lawyer North Salt Lake Utah

North Salt Lake is a city in Davis County, Utah, United States. It is part of the Ogden–Clearfield, Utah Metropolitan Statistical Area. The population was 16,322 at the 2010 census, which had risen to an estimated 20,850 as of 2018. North Salt Lake is located in southern Davis County; it is bordered to the north by Woods Cross, to the northeast by Bountiful, and to the south by Salt Lake City in Salt Lake County. According to the United States Census Bureau, North Salt Lake has a total area of 8.6 square miles (22.2 km2), of which 0.1 square miles (0.2 km2), or 0.80%, is water.

How To Serve Foreclosure Documents Properly

Service of process and protecting due process rights is always an important part in any legal matter, but knowing how to serve foreclosure documents requires additional expertise and knowledge. To serve foreclosure documents properly, it is important to have a process server you can trust.

The Impact Of Defective Service

Once it’s been determined service is defective or improper, cases generally need to start over from the beginning no matter how far they are into the case. From the perspective of the lender and the attorney there are significant cost ramifications for delaying the timeline. Not only will additional time need to be spent on the case exceeding what was originally planned, in the instance of vacant and abandoned properties there is also the cost of maintenance. The longer these homes and buildings sit the longer there is the possibility for additional issues to arise from lack of use.

Strict Court Foreclosure Requirements

Given the magnitude of foreclosures in terms of both monetary value and emotional impact, courts have set a very high bar for what constitutes proper service. A lack of due diligence or a challenge to service is going to be thoroughly examined. No matter what documents being served in a foreclosure matter they should all be given the same level of attention. Multiple attempts at different times of the day, efforts to locate an alternate address if the subject has moved and thorough documentation are all necessary from your process server.

How To Serve Foreclosure Documents

Every single day matters when it comes to timelines and costs. A foreclosure process server should have thorough knowledge of the rules and laws to avoid any possibility of defective service. They should be skilled in how to prove due diligence, making multiple attempts at different times of the day in an effort to complete personal service. When choosing a process server, it’s also important to select one who will be able to back up their service attempts in court. Should they be in called in for a Traverse Hearing a professional demeanor, detailed notes and ability to recall the service will go a long way toward proving service was actually completed in accordance with all rules.

Foreclosure of loan: Here’s how to do it

An outstanding home loan calls for monthly PMI. In case a person receives a lump sum amount, he can choose to foreclose the existing home loan to be financially debt free. To foreclose a home loan, you must follow the procedure detailed below.
Application
First, write an application to the finance company/bank for foreclosure of loan. Existing home loan account number and copy of address proof may be enclosed with the application.
Payment
Once the application is received, the bank will calculate the amount outstanding after taking into account the interest paid so far and the date of foreclosure. The amount payable shall be communicated. This amount needs to be paid by way of check or online transfer.
Foreclosure charges
No pre-payment penalty can be levied on foreclosure of floating rate loans. Some charges on fixed rate loans may be levied. These charges will have to be added while making the foreclosure payment. On receipt of outstanding dues, the bank will complete the foreclosure formalities. EMI instructions will be stopped forthwith. Original documents such as property title deeds and related documents will be returned to the customer within 10 -15 working days.
No dues certificate
Along with original papers, the customer needs to receive a no-dues certificate from the bank stating that no amount is payable. The certificate must include address of the property and personal loan is one of the most popular borrowing options for individuals seeking quick access to funds for a variety of personal reasons. However, the unsecured (collateral-free) nature of this loan makes it vitally important for lenders to ensure the credit worthiness of the applicant. In this regard, one of the first things that prospective lenders look at is the credit score of the loan applicant.

What Is a Notice of Intent to Foreclose?

In general, as a project participant on a construction project, you can file a mechanics lien. This process of filing a mechanics lien secures the right to file a claim against the property in the event of non-payment. If filing a mechanics lien does not spur payment, you have the option to initiate a lawsuit, but this article will discuss a better option than initiating a lawsuit. You can instead send a Notice of Intent to Foreclose which is not only a powerful collection document, it also helps the claimant avoid having to file a lawsuit to enforce the lien.

Mechanics Liens – Not Ideal, But Sometimes Necessary

Nobody likes liens, but if you’re not getting paid on a construction project – money that you’ve already earned – then sometimes, filing a lien is necessary. When it gets to the point that a lien is filed, this significant step is usually enough to get the attention of the interested parties on the project and to prompt payment. However, if filing the lien does not prompt payment, then the claimant always has the option to initiate a lawsuit to enforce the lien, which is also known as a foreclosure action. We already know that everyone hates liens, but guess what? Everyone really hates litigation. Initiating a foreclosure action is not very attractive because it is costly and risky. But don’t worry there is an option that may help claimants avoid court. It’s a document, a “warning letter” called a Notice of Intent to Foreclose.

What Is a Notice of Intent to Foreclose?

A Notice of Intent to Foreclosure is a cost-effective way to provide one last warning prior to initiating a lawsuit. It is a voluntary warning letter that clearly states that if payment is not made then the claimant will initiate a lawsuit. And since we already know how much everyone hates lawsuits, sending a Notice of Intent to Foreclose can be very effective at prompting payment (so that a lawsuit can be avoided). Sending a Notice of Intent to Foreclose is a cost-effective tactic because it adds pressure on property owners due to the threat of pending litigation, on top of the lien filing which is already on their property. This pressure on property owners gives more incentive to the interested parties to satisfy the lien. This also avoids litigation costs for both sides – by avoiding legal costs associated with litigation such as court costs and legal fees.

This warning letter is optional. That being said, if you choose to send a Notice of Intent to Foreclose, the main requirement is that there has to be an existing, filed mechanics lien to foreclose upon. Or in other words, sending an optional Notice of Intent to Foreclose has to come after a mechanics lien has been filed. Then, there are other deadlines on your mechanics lien so the best practice is to send the Notice of Intent to Foreclose well before the lien’s deadline-to-enforce date. So, to recap, the window of time to send a Notice of Intent to Foreclose is after a lien has been filed, but well before the deadline to enforce the mechanics lien. And you’ve got to be careful here because these deadlines vary greatly from state-to-state and according to several other factors.
What Is the Home Foreclosure Process & How Long Does it Take?
A foreclosure occurs when a homeowner defaults on her mortgage payments. The process typically begins after the fourth missed payment with the issuance of a Notice of Default. The length of the entire foreclosure process depends on state law and other factors, including whether negotiations are taking place between the lender and the borrower in an effort to stop the foreclosure. Overall, completing the foreclosure process can take from 6 months to more than a year.
Mortgage vs. Deed-of-Trust
State law determines the method through which homes are purchased. As a result, homes can either be purchased with a mortgage or a deed-of-trust. The lender would benefit from a deed of trust because it allows them to pursue a non-judicial power of sale; (also known as trustee sale ;), thereby circumventing court procedures. On the other hand, having a mortgage would require that the lender obtain court permission in order to foreclose on the borrower.

Notice of Default

The Notice of Default starts the official foreclosure process. This notice is issued 30 days after the fourth missed monthly payment. From this point onwards, the borrower will have 2 to 3 months, depending on state law, to reinstate the loan and stop the foreclosure process.
Judicial vs. Non-judicial Foreclosure
The primary difference between a judicial and a non-judicial foreclosure proceeding is that the former involves court action. The lender would have to file a lawsuit with the court and prove that they have taken the necessary steps to remedy the situation and collect any debts still owed. This process could take between 2 and 3 months after the Notice of Default has been issued

Redemption Period

The redemption period allows homeowners to remain in their property without risk of eviction after the foreclosure has been completed. Furthermore, the redemption period also gives the homeowner an opportunity to buy the property back by at the “redemption price,” which is the price the property sold for at the foreclosure sale. The amount of time allowed is dependent on state law. However, if the property was purchased using a deed-of-trust, the homeowner forfeits this provision; though, in some deed-of-trust sales such as in California, a judicial foreclosure is still possible, and through this the redemption period still exists.
Steps After Receiving a Foreclosure Notice
No homeowner wants to receive a foreclosure notice in the mail. If your lender does send you one of these, don’t panic. Receiving a foreclosure notice doesn’t mean that you will automatically lose your residence. There are steps you can take to avoid losing your home to foreclosure. The worst move you can make after receiving a foreclosure notice is to do nothing.

Call your bank or mortgage lending company immediately after you receive a foreclosure notice. You may not want to do this. You may be embarrassed. But your lender is in the best position to help you avoid foreclosure. Don’t forget that banks and lenders are not in the business of owning homes. They don’t want to have to sell your residence. It’s in their best interests to keep you in your residence and making payments. Your bank or lender might be able to work out a compromise that result in lower monthly payments for you.

Compose a Hardship Letter

Your lender will listen to you if you’ve suffered a financial hardship that makes it impossible for you to pay your monthly home loan payment. You may have lost a job. You may have taken on a new job, out of necessity, that comes with a lower annual income. Maybe you’ve suffered a serious illness that kept you from working. When you call your lender, explain your financial setback. Your lender will most likely ask you to write a financial hardship letter. Use this letter to explain the financial problems you now face. Your lender will consider this letter when deciding whether to modify your mortgage loan to one with a lower monthly payment.

To prove that you’ve suffered a financial hardship, you’ll have to make copies of several important financial papers. These include your last two paycheck stubs, your last two federal income tax returns, your current credit card statements and the statements from any student, auto or personal loans that you may hold. You want to show your lender that while your monthly debt obligations have not changed, your gross monthly income has plummeted, making it impossible for you to pay your mortgage bill each month. If your lender agrees, it may reduce your interest rate, rework the terms of your loan or even forgive a portion of your principal balance, all of which would result in lower monthly payments.

The federal government offers a Home Affordable Modification under its Making Home Affordable program; this provides incentives to lenders to negotiate with homeowners who are delinquent on their payments for more affordable mortgage payments. The federal government also offers a Home Affordable Foreclosure Alternatives program. This program provides financial incentives to mortgage servicers who agree to complete short sales or deeds-in-lieu of foreclosure for homeowners who would otherwise lose their homes to foreclosure. In a short sale, homeowners agree to sell their homes for less than what they owe on their mortgage loans. Their loan servicers have to agree to this, which is why the government is offering these institutions financial incentives to approve short sales. In a deed-in-lieu of foreclosure, the owners of a home voluntarily transfer ownership of their home to their servicer.

Before a bank can sell your house at a foreclosure sale, you will get some sort of formal notice about the foreclosure. The kind of notice you’ll get depends on whether the foreclosure is judicial or non-judicial, and what your state’s foreclosure laws require.

Utah Foreclosure Attorney

When you need legal help with a bankruptcy or foreclosure in Utah, please call Ascent Law LLC 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

Recent Posts

Utah Divorce Code 30-3-11.4

Residential Debt Negotiation

Crowdfunding Law

Tax Deductions For Doctors

Fencing Law

Utah Divorce Code 30-3-18

The post Foreclosure Lawyer North Salt Lake Utah first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/foreclosure-lawyer-north-salt-lake-utah/

Monday, September 28, 2020

Utah Divorce Code 30-3-18

Utah Code 30-3-18: Waiting Period For Hearing after Filing for Divorce — Exemption — Use Of Counseling and Education Services Not To Be Construed As Condonation or Promotion

1. Unless the court finds that extraordinary circumstances exist and otherwise orders, no hearing for decree of divorce may be held by the court until 30 days has elapsed from the filing of the complaint, but the court may make interim orders as it considers just and equitable.

2. The use of counseling, mediation, and education services provided under this chapter may not be construed as condoning the acts that may constitute grounds for divorce on the part of either spouse nor of promoting divorce.

The Divorce Process

A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.

Serving the Divorce Petition

The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.

Divorce Petition Response

The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.

Final Steps of a Divorce

Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.

What Issues Does A Dissolution Or Divorce Case Deal With?

Both cases end the marriage and divide marital property and debt (including retirement accounts). When the couple has children, both cases also decide a parenting plan which is the custody and visitation arrangement and issue a child support order.

What Is The Difference Between A Dissolution Or Divorce Case?

The difference is whether the couple agrees or disagrees about the issues. If they agree on all issues, they can file a dissolution case together. If they don’t agree, one spouse can file a divorce case.

What Forms Do I Need To File For Divorce?

To start a case in court, you must file a document called either a complaint or a petition, and required attachments. The kind of complaint or petition you file will depend on your situation.
What If We Filed For Dissolution But Want To Change To A Divorce?
If you initially filed for a dissolution but want to change it to a divorce case because you no longer agree on everything, you can file:
• Motion & Affidavit to Convert Dissolution to Divorce
• Order Granting Motion,
• If the judge grants the order and converts the case to a divorce, the case will move ahead as a divorce case.
Can My Spouse Stop Me From Getting A Divorce?
If you file for divorce and include all the required, properly completed paperwork, your spouse cannot stop you from getting a divorce, even if he or she does not want one.

Is There A Residency Requirement To File?

Either you or your spouse may file to end your marriage in Utah as long as the filing spouse is a resident of the state. Generally, you are an Utah resident for the purposes of filing for divorce or dissolution if you are in Utah when you file and intend to stay as a resident. Also, if you don’t live in Utah and were married outside of Utah, but your spouse is an Utah resident, you can file in Utah. Just because you file in Utah, does not mean the court has jurisdiction or authority over all issues that may be in your case. For example, there is a law that states that the children need to live in Utah for at least the last six months for the court to have authority to make decisions about them, although there are exceptions to this requirement. Also, if you have property such as a home outside Utah, the court may not have the authority to enforce any orders regarding that property. If the other side has never been to Utah or no longer lives in Utah, it is possible he/she will ask the court to dismiss the case. The law is that the court has jurisdiction over the people in the divorce case if the married couple lived in Utah for at least six consecutive months within the six years before filing for divorce. Jurisdiction is a very complicated subject and you should talk to an attorney to figure out whether Utah is the right place to file your case.
Is There A Waiting Period Before A Divorce Or Dissolution Is Finalized In Utah?
Generally, you must wait at least 30 days after filing for divorce or dissolution before the judge will sign the final divorce decree.
What If I Can’t Make The Dissolution Hearing?
If you cannot attend the dissolution hearing in person, you have some options.
Ask to participate by telephone
If you and your spouse agree to the telephonic appearance, you can both file the Joint Motion form together that asks the court to allow one or both of you to be on the phone:
• Joint Motion, Affidavit & Order to Appear and Testify by Telephone, If you and your spouse do not agree to the telephonic appearance, you can file the following motion that asks the court to allow you to be on the phone:
• Motion, Affidavit & Order to Appear & Testify By Telephone, You need to provide your spouse with a copy of this Motion and fill out the certificate of service at the bottom.
• Ask to waive your appearance if you cannot be there in person or on the telephone, you can file a form that asks the court to have the hearing without you.
• Appearance and Waiver of Notice of Hearing, The court may need to call you so the form asks for a phone number to reach you, but this doesn’t mean that the court will call you.
Does The Person Filing The Divorce Complaint Have An Advantage Over The Person Filing The Answer?
There is no advantage to being the person who starts the case. Both parties have the opportunity to file papers which state their viewpoint in the case. The judge will consider what each party says and apply the appropriate legal factors to decide the issues.
Are There Classes That Can Help Me Fill Out The Forms?
Yes, there are classes in many communities. However, the forms are fairly straightforward, so do not be afraid to try it on your own. If you get stuck, you can always call the Family Law Helpline or consult with an attorney.
After I Have Filled Out All Of The Divorce Forms, What Do I Do?
You are now ready to file in court and get the defendant served:
• Make two copies of everything (one for you and one for the defendant);
• File the original documents at your local court;
• Pay the required fee or submit the Request for Exemption from Payment of Fees,
• Get two copies of the summons and standing order back from the clerk (one copy is for you and one for the defendant);
• Put together the defendant’s packet, which is a copy of everything you filed plus the summons and standing order. Serve the defendant either by certified mail/return receipt/restricted delivery or process server.
• Keep your copies in a folder.
After I Have Properly Served The Defendant With The Divorce Complaint, What Do I Do?
You wait. When you receive the proof of service, put it in a safe place. The defendant has 20 days from the date of being served to respond to the complaint. If nothing is filed, you may ask for a default. If the defendant answers, your case will move forward as a contested case and be set for trial.

Am I Required To Go To Any Parenting Classes Or To See A Video If We Have Any Children?

It depends. Many courts require that you view the Listen to the Children video, and some courts also require a special class or workshop.

What If I Cannot Find My Spouse?

If you are married and cannot find your spouse, you can still get divorced but only after you have made what is called “diligent inquiry,” which means looking really hard for your spouse. After you have completed your diligent inquiry you must submit an affidavit explaining how and where you looked, and ask for permission to serve that missing spouse by publishing notice in a newspaper or posting in certain places. Your missing spouse may be easier to locate than you think, and you may very well find them after you do your diligent inquiry. Once you have done your diligent inquiry, you have these options:
• Dissolution Packet, this procedure will not let you address custody of the children or the dividing of property and debts.
• Divorce Complaint Packet: This procedure will allow you to address custody of the children and the dividing of property and debts.
• Divorce Complaint without Children Packet, This procedure will allow you to address the dividing of property and debts.
What If I Or My Spouse Wants To File Bankruptcy And Divorce?
Filing for bankruptcy and divorce are serious actions. There are important considerations about when you file each of these cases because it can affect the marital property and debts. Also once you file for bankruptcy, usually all other court cases are stayed (stopped) until the bankruptcy case gets sorted out. This doesn’t mean that you can’t get a divorce or figure out child custody during a bankruptcy case. But it will take some extra work to sort out the bankruptcy issues (property and debt) from your divorce case. You should talk with a bankruptcy attorney to figure out whether and when to file the different cases.
How Much Time Does It Take?
Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases. So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of lawyers can charge on the basis of each hearing or as a lump sum on an annual basis. Women can also ask for litigation expenses from husband via court, but the amount granted by the court is usually less.
Which Documents Will You Need?
Depending on the type of divorce, the court may ask for:
• Address proof of husband and wife.
• Details of professions and current earnings of husband and wife.
• Certificate of marriage.
• Information regard..
Terms Used In Utah Code 30-3-18
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Equitable: Pertaining to civil suits in “equity” rather than in “law.” In English legal history, the courts of “law” could order the payment of damages and could afford no other remedy. A separate court of “equity” could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in “law” cases but not in “equity” cases.