Preston, Pence & Lisonbee

Special Needs Trusts

DeRae — Wed, 18 Jan 2012 17:39:54 +0000

Parents of adult children with special needs understandably worry about what will happen to their adult children after they pass away. Many people with disabilities receive government benefits, such as SSI, SSDI, and Medicaid, which are very important to their quality of life. If parents leave money directly to their adult child with disabilities the adult child will likely lose their government benefits. The way to solve this dilemma is to create a special needs trust.

Parents can leave money to their adult child with disabilities through a special needs trust and the adult child can still receive their government benefits. The money in a special needs trust cannot be used for items covered by government benefits such as food, but it can be used to cover many things that will improve the adult child’s quality of life such as transportation, clothing, hobby supplies, pets and pet supplies, and educational expenses. Often parents designate a sibling of the adult child with disabilities to be the trustee for the special needs trust.

Many families fund special needs trust by leaving a portion or all of their life insurance to the special needs trusts. A spouse can also set up a special needs trust for his or her spouse with a disability. Special needs trusts can provide caregivers with peace of mind about the future of their loved one with disabilities. Please contact us if you have any questions about how a special needs trust might benefit your family.

It’s Christmas- What’s My Parent Time?

DeRae — Wed, 21 Dec 2011 18:08:53 +0000

Are you struggling to figure out the parent time schedule according to Utah Code 30-3-35? If you can’t figure it out, don’t feel alone. Plenty of people struggle to make the statute fit the specific facts. Here is what the statute says about the Winter Holiday in odd years.
The noncustodial parent is entitled to the….the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire holiday period is equally divided.
That’s as clear as mud right? What you have to do first is count the number of days of the holiday vacation. Technically, Christmas vacation starts the evening school is out. So, if the child gets out of school on the 20^th and goes back to school on January 2^nd, you count the 20^th, 21^st, 22^nd, 23^rd, 24^th, 25^th, 26^th, 27^th, 28^th, 29^th, 30^th and the 31^st. The child goes back to the custodial parent on the evening of the 1^st. That gives twelve days of vacation. Each parent is entitled to six days. This year, the noncustodial parent enjoys parent time from the 20^th until 7 p.m. on the sixth day, December 25^th.
If the vacation started on the 19^th, there would have been thirteen days. Each parent would be entitled to six and a half days. However, the noncustodial parent is still entitled to Christmas Day. This would mean that the noncustodial parent would have the children until 7 pm on Christmas as well.
Hopefully, this makes the process a little clearer. Applying the law to specific fact is difficult. If you have specific questions, call our firm for legal assistance. As always, the statute is what you resort to if your Divorce Decree doesn’t say something different for holidays or if you and your co-parent can’t agree. If you can agree on a different plan that works better for your family, that’s wonderful.

What is the Difference Between a Judge and a Commissioner in Utah?

DeRae — Thu, 15 Dec 2011 16:16:54 +0000

If you are going through a divorce or paternity action, you have probably been introduced to the commissioner in your case, if not the judge. It can be confusing to understand the differences between the two. The commissioner has the responsibility of hearing preliminary matters and getting the case prepared for trial before the judge. The commissioner hears most motions filed by the parties. There are certain issues that go before the judge such as pre-trial matters. All trials are before a judge. The differences between what commissioners and judges do may vary slightly from district to district.

What Is A Guardian Ad Litem?

DeRae — Thu, 15 Dec 2011 16:11:03 +0000

Has someone recommended that you get a Guardian Ad Litem in your case? Do you have no idea what this means? A guardian ad litem is an attorney who has the job of representing the best interests of the children.
In some cases, parents may request a guardian ad litem be appointed. In other cases, a commissioner or judge may order that a guardian ad litem be appointed. There are both public and private guardian ad litems. A public guardian ad litem can be appointed in custody cases where there are allegations of abuse or neglect or in protective order hearings. A public guardian ad litem also represents children in foster case. A private guardian ad litem can be appointed in any case where there are issues regarding parent time or custody, especially in high- conflict divorces.
The guardian ad litem has the responsibility to make recommendations as to what the judge should do in the children’s best interests. In order to make these recommendations, the guardian ad litem will conduct an independent investigation, including, but not limited to, interviewing the children, interviewing other witnesses, reviewing documents, visiting homes, and talking to other professionals. The guardian ad litem will consider what the children want, as long as it is in the child’s best interests. The courts weigh the recommendations of the guardian ad litem very heavily.
At the end of the case, the guardian ad litem will present the parties with a bill for the services provided. The judge may allocate the fees to be split equally or may make any division of the fees that the judge finds to be fair.

Co- Parenting? Better Learn to Let Go

DeRae — Thu, 03 Nov 2011 05:30:59 +0000

Now that you are divorced- or separated-, the reality is that your child has two homes and two parents. You and your co-parent will likely parent your children differently. This is normal, acceptable and legal. It is important to remember that your co-parent loves your children as much as you do and wouldn’t do anything to hurt them. If you think of your children as an expensive car, you and your co-parent may each decide to use different car wax but that doesn’t mean the car will be harmed. Different parenting styles does not necessarily cause your children any harm or mean that either of you loves your children less. You are going to have to learn to trust each other and accept the choices that the other parent makes. Of course, if your co-parent does something dangerous or abusive, you should immediately notify the authorities.

I’m Divorced: What Else is New?….Your Kids Are Off-Limits

DeRae — Thu, 03 Nov 2011 05:26:53 +0000

Now that you are divorced, you need to keep your kids out of all issues between you and your ex . While you were married you might have used your kids to help figure out who needed to be where, when, etc. Now that you are divorced, you no longer can call your son to ask him if Dad is picking him up from school or if you need to do so. You also can’t ask your daughter if she would rather go with you on the trip to see Grandma or stay with Dad. Instead, you must communicate with your co-parent to figure out who is doing what and when in regards to your children. Involving your kids in these decisions is inappropriate. Children should never feel that they have to choose between their parents in any way or that they need to “cover” for the other parent. Setting clear guidelines with your co-parent up front can help avoid these situations before they arise.

So You Are Divorced…Now What? No Matter How You Look At It, There is Less Money in Your Pocket

DeRae — Tue, 19 Jul 2011 21:40:49 +0000

Getting divorced is painful in many ways. Financially, there is no way around the fact that after divorce almost everyone has to tighten the purse strings. When you divide a household into two, the paychecks cannot stretch as far as they did before. If one spouse did not work prior to divorce, that spouse is likely going to have to start working in order to make ends meet. Additionally, some of the luxuries enjoyed prior to divorce may have to be temporarily set aside. You may have to cancel expensive cable packages, vacations, and/or eating out for a while until your budget adjusts. Understanding this before the divorce is final can help you prepare for this transition – both for yourself as well as your children.

What is Workers’ Compensation?

DeRae — Tue, 12 Jul 2011 13:06:15 +0000

Worker’s Compensation is the system for receiving benefits if you are injured on the job. It is a strict liability system – which means it does not matter if your employer was negligent or not — you can still be covered by Worker’s Compensation insurance. It is like no fault car insurance. Worker’s compensation is typically the only remedy a worker has when injured on the job. In exchange for coverage that is paid for by the employer, workers are not allowed to sue their employers beyond the coverage of Worker’s Compensation. This is called the “compensation bargain.” Worker’s Compensation can cover medical expenses (including mileage for medical appointments), lost wages, and disability benefits. There are also benefits for surviving family members is someone is killed at work. Please contact us for a free consultation regarding your Worker’s Compensation rights.

Who Needs a Trust?

DeRae — Tue, 05 Jul 2011 03:43:29 +0000

A trust is used to distribute property or provide for a loved one after you have passed away. A trust allows you to set out rules like how, what, when and where property will be given to your beneficiaries. There are many different kinds of trusts. Trusts are a useful planning tool to reduce estate tax liability, protect property, and avoid probate. However, trusts are more complex than wills and are not necessary for everyone. Here is a link to an article outlining the pros and cons of living trusts: http://www.elderlawanswers.com/resources/article.asp?id=1110§ion=4

Top Ten Mistakes People Make When Doing Their Own Divorce

DeRae — Tue, 28 Jun 2011 12:41:40 +0000

10. Not getting help when you need it. The divorce process can be tricky and it is easy to make a mistake. There are lots of resources and inexpensive options for getting help.

9. Not setting up a schedule for who will claim the children as exemptions for income tax purposes. Even those parents who do remember to designate one parent will claim the children in even years and one parent will claim the children in odd years, forget to plan what will happen as the children reach majority and can no longer be claimed as exemptions.

8. Not including a final decision maker in a parenting plan. This is a common complaint from family court Commissioners.

7. Not considering alimony. There is a rumor going around that no one is awarded alimony anymore. This is not true. Alimony should be considered as part of the divorce process.

6. Not being really clear about the date that property will be valued. For example, a lot of Divorce Decrees require the parties to share the equity in the house, but forget to say on what date the house will be valued.

5. Setting an unrealistic timeline for selling real estate. In the current market it can take a lot longer for real estate to sell than it used to.

4. Setting up parent time schedules that won’t work once the children start school. People often come with schedules that work fine before the children start school but these same schedules can become unmanageable once the children are old enough for school.

3. Forgetting to include retirement accounts as part of the divorce or forgetting to file the proper paperwork to split the account afterward. It can be very difficult to modify a Divorce Decree for property issues alone so it is important to take care of this in the original Divorce Decree.

2. Getting so frustrated with the divorce process that they will agree to anything just to finish up the divorce. We often hear from these people in a few months or a few years and they are not happy with their agreement.

1. Signing the final documents without reading them. We hear this all the time. People sign a document that does not say what they thought it said.

I’m Divorced with Children and Moving- Now What?

DeRae — Wed, 25 May 2011 01:31:06 +0000

When you are divorced, with kids, and decide to move more than 150 miles away, there are some things you need to consider and prepare for. First, as soon as you know you are moving, you need to give your co-parent notice that you are planning to move. This should be done in the form of a letter as soon as you know you are moving. If at all possible this notice should be at least 60 days before the move. In the notice letter you need to propose how this move will effect parent time and who will pay for the transportation for this parent time. If your co-parent agrees with the plan you are free to move.

If your co-parent objects to the proposal you have outlined in your notice letter, you can 1) go to mediation to try to reach an agreement or 2) go to court. However, if you go to court, you could be ordered to try mediation before the court will hear your case.

Once the court is involved the court will review the parent time schedule. The default position on parent time transportation costs is that the party who moves is responsible for most of the travel costs. However, at this hearing the court can make orders about the parent time schedule and the cost for parent- time transportation. When the court is figuring out the parent time schedule and transportation costs, the court will look at:

(a) the reason for the parent’s relocation;
(b) the additional costs or difficulty to both parents in exercising parent-time;
(c) the economic resources of both parents; and
(d) other factors the court considers necessary and relevant.

Before you move, you should discuss with your co-parent how to make the transition easy for everyone and how to maintain a strong connection between your co-parent and the children. Technology, such as email, video calling, and texting can help children and co-parents stay in touch despite a long-distance move.

If you or your co-parent are relocating, call us for a free consultation.

Why should you have an Advanced Healthcare Directive?

DeRae — Tue, 12 Apr 2011 13:43:15 +0000

An Advanced Healthcare Directive is what used to be called a Living Will and a Medical Power of Attorney. In an Advanced Healthcare Directive a person is able to say how they want their end of life experience to be. The person designates which life saving procedures they would like done and which procedures they do not want. A person can also designate an agent to make medical decisions for them if the person is unable to make decisions on his or her own. Having an Advanced Heathcare Directive can take a lot of pressure off of family members at a very stressful time.

Why should you have a Will?

DeRae — Tue, 12 Apr 2011 13:41:05 +0000

If you have children it is important to have a Will in order to designate who will take care of your children and who will take care of your children’s financial resources should you pass away. You can designate the same person to take on both of these roles, or your can select different people for these roles. A Will also allows you to designate a personal representative to handle and settle your estate and financial resources (personal property, bank accounts, real estate, etc.) after you die.

This personal representative will take your Will to probate court after you die in order implement your Will. This is a fairly simple process which usually costs less than $1000. If it is really important to you to avoid probate court, you can set up a Trust. Trusts can be harder to maintain and usually require you to have some of your property (your house, your bank accounts, your cars, etc.) titled in the name of the trust. Not everyone needs a trust.

Why should you have a General Power of Attorney?

DeRae — Tue, 12 Apr 2011 13:33:54 +0000

If you are not available to act for yourself, either because of geography or disability, it can create problems for your family. A General Power of Attorney allows a person to act on your behalf either 1) immediately or 2) when you become disabled.

If you work overseas it can be very useful to have a General Power of Attorney that is in place immediately. If you become injured or disabled and can no longer communicate your wishes it is critical that you have a General Power of Attorney so that your agent can act on your behalf.

For example, if you have designated your spouse as your agent and you have a severe stroke, your spouse can act on your behalf and manage your affairs as you recover. Things will run much more smoothly for your family if you have a General Power of Attorney in place. If you do not have a General Power of Attorney your spouse may have to seek a guardianship of you in order to manage your affairs. Seeking a guardianship takes longer and costs much more that having a General Power of Attorney.

There are some risks associated with having a General Power of Attorney. It is very important to select someone that you trust as your agent. Be careful that you do not designate someone who has financial or addiction problems as your agent.

Call us for a free consultation. We would be happy to answer any questions you have about General Powers of Attorney.

You’ve Written a Will, Now What?

DeRae — Thu, 24 Mar 2011 20:52:00 +0000

You are responsible, you wrote a will and made arrangements for your family, property and burial arrangements. You are good, right? Maybe not. Changes in your life circumstances- and circumstances of those around you might make it necessary for you to update your will. Some examples are:
1) Getting married
2) Acquiring new real property
3) The death or incapacity of anyone mentioned in these documents
4) A change in how you want your property managed or distributed

If any of the changes above have occurred, it is important to consider the need to make changes to your will to reflect your situation and your wishes.

Unbundled Law

DeRae — Sat, 12 Mar 2011 03:31:14 +0000

Here’s a link to a video of one of our attorneys, Carolyn Pence Smith, talking about unbundled law.
Take a look and see if unbundled law is right for your situation.

http://studio5.ksl.com/?nid=55&sid=14511890

Date Night In with the Kids?

DeRae — Sat, 08 Jan 2011 20:52:43 +0000

We hear over and over again how important it is to have a date night with our significant other. This article suggests that if you can’t get away from the kids for whatever reason (money is tight, you can’t find a babysitter, etc.) you should still go ahead and have a date night — with the kids. The article has some great ideas you can use as a family.

http://www.parentdish.com/2011/01/03/date-night/

Transracial Adoption

DeRae — Thu, 06 Jan 2011 23:23:35 +0000

Adoptions present unique challenges to the family involved. Here is an article about how one mother handles issues related to her transracial adoption.

Transracial Adoption Leads to Stares: How One Mother Deals – ParentDish
http://www.parentdish.com/2010/11/04/transracial-adoption-leads-to-stares-how-one-mother-deals

How to Communicate with the Other Party in a Divorce Action

DeRae — Tue, 14 Dec 2010 03:07:57 +0000

When you are going through a divorce, and after it is over, there may be hard feelings. It is important to maintain civil communications at all times for several reasons.

1)      If you have children you should never involve them in the divorce process. Children should never hear you or their other parent demean, belittle or criticize the other parent. Commissioners and Judges are very adamant that all communication about and to the other party in front of the children be completely respectful.

2)      During the divorce process, if you have an attorney, use your attorney to communicate with the other party about particularly difficult topics.

3)      When communicating by text, email or phone, it is important to keep records of what is said or written if it is important to your case. If possible, have a written record so that an accurate record of what was said and what was agreed to. There are tools for printing text messages. It is a good idea to keep a communication log.

4)      If you find yourself exchanging unpleasant e-mails or text message with the other party, you might want to have someone you trust review your e-mails and texts before you send them. Before you send something, it might be valuable to imagine what your response would be if you received the message you are sending.

Orders to Show Cause

DeRae — Tue, 07 Dec 2010 05:05:01 +0000

What do you do when your ex-spouse violates your divorce decree? If you want to have a judge enforce your divorce decree you can file an Order to Show Cause re Contempt. You will need to file an Order to Show Cause, A Motion for an Order to Show Cause and an Affidavit in Support of an Order to Show Cause. An Order to Show Cause requires personal service. This means that you have to have someone else serve the opposing party. Usually people use constables, law enforcement officers or a private service company.

In your Motion for an Order to Show Cause it is important to list all the ways that the other party has violated your divorce decree and what you want to happen. Usually, you ask the other party to stop doing what is wrong or start doing what they are supposed to. An Order to Show Cause requires a hearing. You will get the hearing date when you file your papers. Depending on how busy the courts are you might have to wait for a month or two before you can have the hearing.

Legal and Physical Custody

DeRae — Thu, 12 Aug 2010 19:20:28 +0000

There are two types of child custody — legal and physical. Legal custody is the right to make legal decisions about and on behalf of your children. For example, a parent with legal custody can decide where the children will go to school or which doctor they will see. Physical custody is the right to have your children live primarily with you.

Divorced parents can have sole or joint legal custody of their children. Sole legal custody means that one parent has all the rights to make decisions about and on behalf of the child. Joint legal custody means the parents must work together to make decisions about the child. If parents have joint legal custody they are required to have a parenting plan. A good parenting plan will explain the process parents should use to make decisions together.

Divorced parents can also have sole or joint physical custody of their children. In Utah, whether a physical custody arrangement is a sole or joint one is determined by how many overnights the child spends with each parent. When a child spends more than 110 nights with the noncustodial parent, the parents are considered to have joint physical custody.

Divorced parents must decide, or have the court decide, who will have both physical and legal custody of their children. Parents can choose to have joint or sole legal custody and joint or sole physical custody of their children. A common arrangement is for the parents to have joint legal but with one of the parents having sole physical custody.

If you have any questions about custody, call us for a free consultation.

How much does it cost to become a guardian?

DeRae — Tue, 27 Jul 2010 14:34:24 +0000

The filing fee you pay to the court to start guardianship proceedings is $360. You will be required to take a guardianship test, but there is no charge for this test.

If you decide to hire an attorney, you will need to pay the above fees and the attorney’s hourly rate. At Preston, Pence & Lisonbee we charge a low hourly rate and we offer several different service delivery options to stretch your litigation budget.
After you become a guardian you will be required to file annual reports, but there is no charge for filing these reports.

How much does it cost to adopt a child?

DeRae — Tue, 27 Jul 2010 14:28:49 +0000

The filing fee you pay to the court to start an adoption are $360. You will also need to pay an $8 vital statistic fee for each child you are adopting to have the adoptions recorded and new birth certificates created.

If a step-parent is the adoptive parent, there are some background checks that will need to be completed. The cost for these is about $50. If someone other than a step-parent is adopting the children a home study will be required. Sometimes you will need two home studies (one before the child is placed in your home and a second home study after the child has been placed, but before the adoption is finalized). Each home study can cost $200 or more.

Call us for a free consultation.

How much does it cost to get a divorce?

DeRae — Tue, 27 Jul 2010 14:25:50 +0000

The filing fee you pay to the court to start a divorce are $318 (the filing fee is $310 and $8 is a vital statistic fee to record the divorce).

The person who starts the divorce (the petitioner) will also have to pay to have the other party (the respondent) personally served with the initial documents. A party cannot serve anther party. Most people hire a process service, sheriff or constable to serve the other party. This usually costs between $30 and $60.

If there are children, each party is required to attend the divorce education classes which costs $55 a person.

If the parties cannot agree on the terms of their divorce, they will be mandated to attend mediation. There are some low cost options for meditation, but typically mediation will cost between $100 and $250 an hour. The parties usually split this cost.

Child Support

DeRae — Fri, 23 Jul 2010 23:54:25 +0000

Utah uses a formula to calculate child support. This formula has been converted into a child support calculator. This calculator can be found at http://www.utcourts.gov/childsupport/calculator.

You first have to decide which calculator you should use. Most families use the sole custody calculator or the joint custody calculator. Which calculator you should use is determined by the number of nights the children spend with the non-custodial parent. If the children spend 111 nights or more with the non-custodial parent, you use the joint custody calculator. If the children spend 110 nights or less with the non-custodial parent you use the sole custody calculator.

After you have determined which calculator to use, enter

-the number of children,

-the gross monthly income (the amount before taxes) for both parents and

-the number of overnights (if you are using the joint calculator).

Then just click on the calculate button. You can run the calculators with different scenarios to see how much child support you would likely receive or be ordered to pay. A parent can agree to pay more than the child support calculator requires. It is very unusual for a court to allow a parent to pay less than the amount generated by the calculator.

Call us for a free consultation if you have any questions about child support.

Parent Coordinators

DeRae — Tue, 20 Jul 2010 03:27:30 +0000

Utah law allows a judge to appoint a parent coordinator to help parents work together at co-parenting their children. Parent coordinators make recommendations to the parents regarding a variety of common co-parenting issues such as communicating with each other, resolving conflicts, coordinating schedules, selecting schools and day care, and determining participation in sports and other activities. This is just a partial list. For a more comprehensive list of the issues parent coordinators can help with you can review the actual Rule at http://www.utcourts.gov/resources/rules/ucja/ch04/4-509.htm

Parents do have to pay for this service, but for parents who are spending a lot of time (and money) in court trying to resolve co-parenting issues a parent coordinator is a less expensive and more efficient alternative. Other states have been using parent coordinators for a while, but this is still a relatively new idea in Utah. If you are interested in more information about parent coordinators, here is a link to a parent coordinator website: http://familytherapy-mediation.com/parent-coordination?331a98d7b8aff5334264cbfe92765a85=hqvnustc

If you are considering a parent coordinator, call us for a free consultation.

Pets & Divorce

DeRae — Fri, 16 Jul 2010 02:20:30 +0000

Dividing up pets can be an emotional part of a divorce. Utah does not have any specific laws on this issue, but there are some guiding principles.

1) Courts do not look at pets as children. Most courts have made it very clear that unless there is abuse they are not going to determine possession by the best interest of the dog.

2)Courts have held that a pet can be considered a special piece of property – comparable to an heirloom – and therefore specific performance is allowed. This means courts can order possession of a dog to one party. Courts are not limited to awarding the monetary value of the dog. Often courts will require the party who was awarded possession of the pet to compensate the other party for the monetary value of the pet.

3) Courts usually award possession to the party who takes care of the pet. A good way to prove who takes care of the pet is to make a video of a day in the life of the pet – showing who feeds, walks, cleans up after, etc., the pet.

For more information here is a link to a news report on this issue: http://today.msnbc.msn.com/id/19803536
If a pet is going to be part of your divorce, call us for a free consultation.

DeRae — Thu, 15 Jul 2010 08:17:43 +0000

If you are a pet lover, this is an interesting article about how to properly leave property to a pet. http://www.estateplanninglawblawg.com/2008/03/planning-for-pets-now-you-can.html

Your Rights as a Landlord

DeRae — Sun, 27 Jun 2010 04:08:03 +0000

Rent:
Landlords have the right to receive full payment of rent on time, as long as they maintain the rental property in good condition.

Repairs:
Tenants should request repairs in a timely manner, before further damage is done. Tenants should make these requests for repairs in writing.

Absent Tenants:
Landlords also have the right to receive notice from tenants when the tenants are going to be leaving town for extended periods of time.

Lease Enforcement:
Tenants must abide by the terms of the signed lease.

Notice to Vacate
Landlords have the right to 15 days notice from month to month tenants who are moving, unless the lease specifies another notice period.

Your Rights as a Tenant

DeRae — Sun, 27 Jun 2010 03:27:15 +0000

Safe and Sanitary Home:

Tenants have the right to a clean, safe home. Tenants have the right to call the health or housing inspector is they believe their home is not safe or clean and it violates the law.

Repairs:

Tenants should request repairs in writing. Tenants have the right to have repairs made in a reasonable amount of time after their written request.

Privacy, Peace & Quiet:

Before a landlord enters a tenant’s home to make repairs or to do inspections, he needs to give the tenant notice. Tenants have the right to request that repairs and inspections be done at a time that is reasonable for them.

Receipts:

Tenants have the right to receive written receipts for deposits and rent payments. It is particularly important that tenants who pay their rent in cash or by money orders obtain receipts for every payment they make.

Lease Terms:

Tenants have the right to 15 days notice of any changes to the lease terms.

Remaining in Residence:

Tenants have the right to remain in their home until they are legally evicted. Landlords cannot lock tenants out of their home until the legal eviction is obtained.

Do-It-Yourself Divorce

DeRae — Tue, 15 Jun 2010 03:23:11 +0000

Some couples decide to do all the paperwork and necessary steps to complete the requirements for divorce on their own. There are advantages and disadvantages to this plan.

Some of the advantages may include:

* Savings from not paying an attorney;

* Feeling like you are in complete control of your case.
Some of the disadvantages of doing your divorce yourself may include:

* It may take longer;

* If you forget to address certain issues (like alimony, or property distribution) you may lose
the ability to address them later;

* If you forget to include other issues, or address them improperly, (like child support, or
retirement distribution) it may cost you significant time, stress and money to fix the problem later;

* If your spouse is represented, you may be at a disadvantage.
No one but you can decide if you should handle your divorce on your own. It is important to weigh the pros and cons of doing so and decide if this is an acceptable risk in your situation. We highly recommend that if you choose to represent yourself you at least hire an attorney to review your paperwork before you file.

Guardianships

DeRae — Tue, 15 Jun 2010 03:11:40 +0000

When a person is incapacitated and cannot make decisions on their own, a loved one can seek to have the court appoint them as a guardian to make decisions for the incapacitated person, called a “ward.” When there is a guardianship the ward loses certain rights, so the law requires that a hearing be held before a guardianship will be granted.

The law requires that the proposed ward have their own attorney at the hearing to make sure that his or her rights are protected. The guardians are free to choose to hire their own attorney or represent themselves that the hearing.

Estate Planning

admin — Tue, 15 Jun 2010 03:08:36 +0000

Estate planning is the process of planning now for what you want to happen with your assets when you die or become incapacitated. Estate planning includes wills, trusts, advance directives and other related documents. Estate planning may take different forms depending on the amount of assets to be distributed after your death. Effective estate planning can be a relief to your heirs after your passing as it may help them avoid the hassle of probate and will help them carry out your wishes after your death.

Divorce

DeRae — Tue, 15 Jun 2010 03:03:45 +0000

Divorce is the process of legally terminating a marriage. It can be a complicated and conflicted process, especially if there are children involved. The process of divorce requires court intervention or approval and is final only after a judge has signed a Divorce Decree.

Once the divorce decree is signed and final, there are certain decisions that are final and cannot be revisited or altered. Also, there are some issues that if not addressed in the Divorce Decree cannot be enforced by the court. This means that it is very important that you carefully think through what to include in your divorce decree.

While many people choose to represent themselves through the divorce process and complete their own paperwork, we highly recommend having an attorney at least review your papers. An attorney can help you understand the long term impact of your agreement and help ensure you have included all necessary information.

Adoption

admin — Mon, 24 May 2010 20:18:37 +0000

Adoption is the process of making a non-biological child your legal heir and ward. Adoptions always require legal action. The adoption process takes time to complete and there are waiting periods that must be completed before the adoption can be finalized.

In Utah, step parent adoptions require that before adoption is complete, the step-parent must live with the child for one year. If the parent is adopting a child that is not the biological child of the parent’s spouse (or if both parents are adopting) then the child must live with the parents for at least six months before the adoption will be finalized. There may also be background checks or home studies that are required depending on the situation.

Once the required time frames are completed, the final paperwork can be submitted, a hearing can be held and the adoption will be final. This means the new family is official!