Le Knapp

Tuesday, 10 November 2020

Federal Trucking Law

The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency responsible for devising the laws, rules, and regulations that govern motor carriers in Utah, United States. The FMCSA has also passed many trucking laws and regulations, which have been designed to increase the safety of bug trucks on the roads of the United States. These laws have been enacted in a bid to reduce truck accidents and also increase the safety of the vehicles, drivers, and other passengers on the roads.

FMCSA Trucking Laws and Rules

Title 49 of Code of Federal Regulations, as designed by the FMCSA, lists all the laws and regulations that govern the entire trucking industry in Utah, United States. The following are highlights of these federal trucking laws and regulations:

Laws and Regulations Applying to Truck Drivers

• Licensing Requirements: According to this rule, truck drivers are allowed to have just one driver’s license, which has been issued to them by their home state. The license can be issued to the truck drivers only after they are successful in clearing knowledge and skill tests. Hazmat (hazardous material) carriers are usually required to pass additional tests before being given a valid license.
• Special Training and Physical Requirements: Truck drivers need to undergo special training and also need to pass a physical exam every two years. Failing this test would restrict them from truck driving.
• Controlled Substances, Alcohol Use and Testing: Part 382 states that no truck driver is allowed to report for duty with a blood alcohol level of 0.02 or more. Truck drivers cannot carry any alcohol with them while driving, unless it forms a portion of their cargo. They cannot have alcohol or other drugs that can affect their driving capabilities, in the 8 hours before a driving shift.
• Hours of Service: Due to the alarming rise in truck accidents as a result of driver fatigue, the FMCSA has changed the rules of hours of service that apply to truck drivers. As per the new rules, truck drivers can drive a maximum of 11 hours in a workday of 14 hours maximum, after which they are required to take a minimum of 10 hours off duty. Truck drivers are also required to maintain log books of their time spent at work and behind the wheel.

Laws and Regulations Applying to Trucks

• Rules for Securing Cargo: Beginning January 1, 2004, the rules for securing cargo and heavy loads in trucks were changed by the FMCSA, in order to make the cargo more secure and minimize the chances of it becoming loose and falling off the vehicle. These rules include new and better provisions for tying down cargo and using better securing devices.

• Required Vehicle Markings: Under this rule, all trucks are required to display certain markings on the vehicle. These include their USDOT number, Hazmat markings, etc. In addition to the above, the FMCSA has passed many rules and regulations that govern the actions of trucking companies, and hazardous material carriers as well. These include, but are not restricted to, complying with USDOT safety rules by trucking companies, unfit carrier rules, hours of service logbook rule for companies, hazardous material regulations and how to comply with them, State Hazmat permission and registration procedures, etc.

Truck drivers and trucking companies must follow both state and federal regulations. The federal regulations are promulgated by the Federal Motor Carrier Safety Administration (FMCSA) and include all aspects of truck driving. Among the categories the federal regulations cover are drug and alcohol testing, hours of service, vehicle marking, and maintenance. A truck driver’s failure to follow a federal or state safety law is strong evidence of negligence after a truck accident causing personal injuries. Not all states recognize the doctrine of negligence per se, but the states that do recognize this doctrine may allow an inference of negligence if the truck driver violated a safety statute, the violation proximately caused an accident, and the victim was a member of the class that the statute was designed to protect. An inference of negligence can make it easier for a victim of a truck accident to recover damages. Even when states do not recognize negligence per se, evidence that a truck driver caused an accident by violating federal or state safety regulations is strong evidence that a duty was breached.

Alcohol and Drug Testing Under Federal Law

The FMCSA drug and alcohol testing rules apply to all operators of commercial motor vehicles with a commercial driver’s license. The test is designed to identify alcohol, marijuana, cocaine, opiates, amphetamines, and PCP in the system. There are four potential testing scenarios: pre-employment, reasonable suspicion, random drug tests, and post-accident drug tests. All trucking employers must have a designated employer representative who is required to oversee employer compliance with the drug testing regulations. A trucking company can only permit a driver to perform duties that require safety if he or she gets a negative result on the pre-employment test. The employer must also interview the potential employee as to drug and alcohol testing history, and obtain records from previous employers. When an employer or supervisor harbors a reasonable suspicion that the truck driver has taken drugs or has drunk alcohol, it has a duty to test that driver. Moreover, random tests chosen through a scientifically valid method and without notice to the driver are required. After a fatal truck accident, testing is required, and even when there isn’t a fatality, any commercial truck driver cited for a moving violation that either involved towing of a vehicle or required medical care away from the scene must also be tested for drugs and alcohol. If a police officer pulls over a truck driver for suspected drunk driving and believes the driver is drunk, he or she may require the truck driver to take a Breathalyzer or blood test. The blood alcohol concentration required to cite a commercial truck driver for a DUI is lower than it is for ordinary non-commercial vehicle drivers.

Hours of Service Regulations

Commercial truck drivers must also follow the federal regulations regarding hours of service. Truck drivers hauling property can drive 11 hours each day only after 10 consecutive hours off duty. They may not drive beyond the 14th hour in a row after coming on duty. Furthermore, they are not permitted to drive after 60 hours in seven days in a row, or 70 hours in eight days in a row. Truck drivers who reach the maximum 70 hours of driving within a week may only resume if they rest for 34 hours in a row. This rest must include at least two nights, including the period from 1-5 a.m. Truck drivers must take at least one 30-minute break during the first eight hours of their shifts.

Federal Regulations for Truckers

Drivers of trucks and commercial vehicles operate their vehicles over hundreds or even thousands of miles of highway. Besides having to pass high standards to be able to operate a large commercial vehicle, a driver must comply by federal regulations that place limitations on the hours that a person can sit behind the wheel. These limitations help to combat a common cause of truck and commercial vehicle accidents: fatigue. Accidents resulting from a truck driver’s fatigue can be life-shattering, especially for the driver and passengers of the vehicle collided with. If you or someone you know was involved in a truck or commercial vehicle accident and believe that driver error contributed to your crash, contact an experienced Utah truck accident attorney.

Commercial Driver’s License Requirements

Even before the driver of a truck or commercial vehicle can get behind the wheel, he or she must pass stringent requirements in order to be granted a commercial driver’s license (CDL). These requirements include:
• Being 21 years of age, if working between states or transporting passengers
• Providing “proof of legal presence,” e.g. a U.S. Passport or certified Birth Certificate
• Supplying a medical certification
• Passing truck and commercial vehicle-specific knowledge tests
• Passing specialized endorsement tests, if applicable
• Passing a truck and commercial vehicle-specific driving test
If a driver gets behind the wheel of a truck or commercial vehicle without a CDL, he or she is in violation of the law and is engaged in negligent behavior. If you were involved in a truck or commercial vehicle accident in which the operator of the truck or commercial vehicle lacked a CDL, contact an Utah truck accident lawyer.
The Driver’s Logbook — Rules of the Road
Besides keeping safe driving patterns, truck and commercial vehicle drivers must keep daily driving records. These records can be kept in a driver’s logbook or on an on-board electronic recording device. Data includes:
• Total hours of time on-duty
• Total hours of time off-duty
• Total miles driven
• Truck or commercial vehicle number
• Motor carrier’s name and address
• City and town names where a stop and change from on-duty to off-duty (or vice versa) occurred

Regulations for Trucks

• Loads and Freight — Loads should be properly loaded and properly secured to prevent leaking, spilling, or falling. The trucking company and the company that loaded the cargo may be liable if cargo slips or falls from the truck and injures someone. There also are numerous stringent regulations regarding shipment of hazardous materials by truck.
• Maintenance — There are a number of regulations pertaining to the maintenance, inspection, and safety of trucks. Trucks are supposed to undergo annual inspections, and truck owners should keep logs of accidents the truck has been involved in. Truck drivers are supposed to perform pre-trip inspections that include checking brakes, steering, lights and reflectors, tires, the horn, windshield wipers, mirrors, coupling devices, and emergency equipment. A report should be prepared and signed by the driver and reviewed by the trucking company.

Federal Regulations and Personal Injury Lawsuits

If you’ve been injured in an accident involving a truck, you may be considering a lawsuit to recover compensation for your injuries and other damages. When issues involving federal laws and regulations are involved, your lawsuit may need to be filed in a federal court instead of a state court. Federal courts have their own rules and systems that are a little different than state courts, so it’ll be crucial to the success of your claim that you’re represented by an attorney with significant experience handling personal injury lawsuits in federal courts. All truck drivers are required to abide by federal trucking regulations. These safety laws are often involved in truck accident cases, since drivers who cause an accident may be found to have violated one or more of the Federal Motor Carrier Safety Regulations. Truck accident victims pursuing a personal injury claim against a truck driver may find that the driver has violated a law or that the trucking company is legally at fault, in addition to the driver. The intention of federal trucking regulations is to provide for the safety of the driver and others on the road. Some regulations prohibit drivers from operating vehicles while under the influence of drugs or other impairing substances, for example, and others mandate that drivers and companies abide by hours-of-operation laws to prevent fatigued drivers from remaining on the road. Other laws require the trucking company and the driver to conduct regular inspections of their vehicles and ensure that brakes and connections are functioning properly. While some regulations may seem like common sense, such as the requirement that drivers use “extreme caution” in hazardous conditions such as snow or sleet, they are strictly interpreted, and there is a legal requirement that drivers immediately discontinue their travel when weather conditions are severe. Accident victims asserting the negligence of a truck driver may rely on a violation of a federal trucking regulation as evidence of a breached duty of care. Proving negligence in an injury claim requires showing that the driver owed a duty of care and breached this duty, and this breach directly led to injuries and damages. In some situations, there may be multiple violations committed by the driver or trucking company. When a trucking company encourages their drivers to meet unreasonable deadlines and ignore laws such as hours-of-service regulations, this may increase the potential value of the victim’s claim. Claims for damages following a commercial truck accident may be large, and often, trucking companies carry high amounts of liability insurance. Truck collisions can lead to serious injuries and after proving the legal liability of the driver and potentially the company, the accident victim will set forth the full range of the damages that were caused by the collision. These include costs for medical treatment, both past care as well as future, expected treatment. Lost wages from work and a decreased earning ability are also types of damages that may be recovered. Finally, victims may find that they suffer emotional pain and suffering as a result of the accident. These non-economic damages may be set forth and recovered in a personal injury claim after a truck crash.

Trucking Lawyer

When you need a Trucking Lawyer 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

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Utah Code 57-1-3

Utah Real Estate Code 57-1-3: Grant Of Fee Simple Presumed.

A fee simple title is presumed to be intended to pass by a conveyance of real estate, unless it appears from the conveyance that a lesser estate was intended.

A fee simple defeasible is a conveyance of property that has conditions placed on it. The holder of a fee simple defeasible possesses the property as a fee simple subject to that condition. If the condition is violated or not met, then the property will either go back to the original grantor or a specified third party.
Types of Fee Simple Defeasible
There are three types of fee simple defeasible. The first two confer future property interests in the person granting the property. The other type has the future interest going to a specified third party.
• Fee Simple Determinable: A fee simple determinable automatically ends the interest in the property when a condition is violated or not met. The person granting the property interest retains a “possibility of reverter,” meaning that if the condition is violated, the property will automatically shift back to the grantor without having to take any further action. In order to create a fee simple determinable, the words of conveyance must be durational (e.g., as long as, so long as, during, while, or until). An example of a fee simple determinable would be: A to B so long as the property is used as a school. B would have a fee simple interest in the property so long as the property is used as a school. If, however, the property is no longer used as a school, then the property will automatically go back to A.
• Fee Simple Subject To Condition Subsequent: A fee simple subject to a condition subsequent is very similar to the fee simple determinable except that the violation of the condition would give the original owner the option to take back the property. Thus, the property does not automatically shift to the original owner. Instead, upon violation of the condition, the original owner has the option to reassert a right to the property. This option is called a “right of reentry.” In order to convey a fee simple subject to condition subsequent, the words of conveyance must state that the original owner can retake the property if the condition is violated. An example of a fee simple subject to condition subsequent would be: A to B, but if the property is used for commercial purposes, then A has a right of reentry. Again, B has a fee simple interest in the property so long as the property is not used for commercial purposes. If, however, the property is used for commercial purposes, then A can retake the property.
• Fee Simple Subject To Executory Limitation: A fee simple subject to executory limitation is basically the same as a fee simple defeasible, except that it confers a future property interest in a third party, and not the original owner. In order to create a fee simple subject to executory limitation, the original owner would use either durational or conditional words that establish a condition and a third party to whom the property would go to if the condition is not met or is violated. Like a fee simple determinable, the property shifts automatically and does not require the third party to take any action. The third party interest is called a “remainder.” An example of a fee simple subject to executory limitation would be: A to B only if the property is used as a place of residence; if not used as a place of residence, then to C. Thus, B has a fee simple interest in the property. If, however, the property is used as something other than a place of residence, then the property will automatically shift to C. It is important to note that A, the grantor, no longer has an interest in the property

Understanding Fee Simple Vs Leasehold Ownership

• Fee simple ownership: Fee simple ownership is probably the form of ownership most residential real estate buyers are familiar with. Depending on where you are from, you may not know of any other way to own real estate. Fee simple is sometimes called fee simple absolute because it is the most complete form of ownership. A fee simple buyer is given title (ownership) of the property, which includes the land and any improvements to the land in perpetuity. Aside from a few exceptions, no one can legally take that real estate from an owner with fee simple title. The fee simple owner has the right to possess, use the land and dispose of the land as he wishes — sell it, give it away, trade it for other things, lease it to others, or passes it to others upon death.
• Leasehold ownership: A leasehold interest is created when a fee simple land-owner (Lessor) enters into an agreement or contract called a ground lease with a person or entity (Lessee). A Lessee gives compensation to the Lessor for the rights of use and enjoyment of the land much as one buys fee simple rights; however, the leasehold interest differs from the fee simple interest in several important respects. First, the buyer of leasehold real estate does not own the land; they only have a right to use the land for a pre-determined amount of time. Second, if leasehold real estate is transferred to a new owner, use of the land is limited to the remaining years covered by the original lease. At the end of the pre-determined period, the land reverts back to the Lessor, and is called reversion. Depending on the provisions of any surrender clause in the lease, the buildings and other improvements on the land may also revert to the lessor. Finally, the use, maintenance, and alteration of the leased premises are subject to any restrictions contained in the lease.
Important leasehold terms to know:
• Lease Term – The length of the lease period (usually 55 years or more)
• Lease Rent – The amount of rent paid to the Lessor for use of the land
• Fixed Period – The period in which the lease rent amount is fixed
• Renegotiation Date – Date after the fixed period that the lease rent is renegotiated
• Expiration Date – The date that the lease ends
• Reversion – The act of giving back the property to the Lessor
• Surrender – Terms of the reversion
• Leased Fee Interest – An amount a Lessor will accept to convey fee simple ownership
Fee simple is absolute title to land, free of any conditions, limitations, restrictions, or other claims against the title, which one can sell or pass to another by will or inheritance. A fee simple title has a virtually indefinite duration. It is also called fee simple absolute. Today, the law presumes an intention to grant an estate in fee simple unless an indication to impose conditions or limitations is clearly stated. It is most common way real estate is owned in common law countries, and is the most complete ownership interest one can have in real property. Other estates in land include the fee simple conditional, the fee simple defeasible, the fee simple determinable, the fee simple subject to a condition subsequent, the fee simple subject to an executory limitation, and the life estate.

What Is Fee Simple Ownership?

When a property deed states that the owner has fee simple ownership, he owns the property above the surface of the land and the mineral properties below the surface of the land. The mineral properties may include oil, gas, mineral rocks or coal. Many deeds do not include fee simple ownership, and thus, there may be several ownership interests connected to the mineral estate of a tract of land. Having fee simple ownership indicates the property owner owns both what’s above and under the surface of the land.
Property Deed Description
A property deed includes language that names the grantor and grantee as well as wordings that describe the grantor or seller’s intent to transfer his ownership interest in a property to the grantee or buyer. The deed also includes a description of the property, such as the address and other identifying information, the property lot and the subdivision.
Transferring the Title
With a warranty deed, the grantor warrants that the property is free and clear of liens and encumbrances and that he has the ownership rights to transfer title to the grantee. The grantee does not make any guarantees with a quit claim deed; the grantee simply receives any ownership interest the grantor has in the property. Typically, if the seller has fee simple ownership in the land, he owns the entire estate to the land. If the grantor transfers his entire ownership interest in the land, the buyer becomes the new fee simple owner. The deed may include words, such as fee simple ownership or fee simple absolute, which indicates that the grantor has absolute ownership interest in the land.
Absolute Ownership Interest
Fee simple ownership is the highest type of property ownership, whereas with a life estate ownership interest, for example, the owner only has lifetime ownership rights to the land. Fee simple owners may use and dispose of the entire land as permitted by law, and they are granted absolute ownership to the land. The property passes to the fee simple owner’s heirs upon death unless the owner has transferred title to the property during his lifetime or by way of a will.
Performing a Title Search
With many land purchase agreements, sellers are not required to disclose who owns the mineral properties connected to the property. Many property owners do not know who actually owns the mineral estate, anyway – the subsurface rights may have been stripped from the deed many generations in the past, or may never have been included with the surface deed. The Recorder’s Office in the county where the property is located is generally the best place to perform a search and discover the chain of title to a particular tract of land. Many counties maintain a record of deeds that trace back to the 1800s.

A concurrent estate describes the various ways in which property can be owned by more than one person at a given time. Three types of concurrent estates are:
• Tenancy in common: Tenancy in common is the most common type of ownership. Ownership is assumed to be a tenancy in common unless stated otherwise. A tenancy in common is a form of ownership of title to real estate by two or more persons. Although they have a unity of possession, they each have separate and distinct titles. In the event that one of the tenants in common dies, his or her title passes not to the other tenant in common, but to his or her estate or heirs.
• Joint tenancy: is a form of ownership in which the tenants own a property equally. If one dies, the other automatically inherits the entire property. This is known as the right of survivorship. Thus somebody cannot will a joint tenancy, and probate is not necessary under a joint tenancy. A person could not take a property as a joint tenant with a corporation, because a corporation cannot die. It would be taken as a tenant in common. If a joint tenant dies owing debts, the surviving joint tenants are free of the unsecured debts. Joint tenants cannot be created by law; therefore the parties who wish to be joint tenants must make it clear in the conveyance document. A joint tenant has the right to sell, mortgage, or transfer their interest without the consent of the other joint tenants. To create joint tenancy there has to be unity of time, title, interest, and possession. That is the most important thing to remember. You may want to say it again: time, title, interest, and possession. You can also remember the acronym TTIP. It is not much of a word, but it worked for me, so hopefully it will work for you too! Joint tenancy would be terminated if any one of those four unities is destroyed. Therefore a person who buys interest of a joint tenant would be a tenant in common with the other joint owners
• Community property: is property acquired by the spouses during marriage. Community property laws vary from state to state. Community property is owned by both regardless of whose name is on the title.
• Separate property is sole ownership, and is property acquired before marriage or property received by gift or inheritance. Separate property can be transferred without the non-owning spouse’s consent or signature.
• A partition is a court action to divide ownership interest if the owners cannot reach an agreement. Partitions can be used by tenants in common or joint tenants to dissolve ownership interest.

Real Estate Lawyer

When you need a lawyer who focuses on real estate law 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

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Monday, 9 November 2020

Salt Lake City DUI Lawyer

Operating a motor vehicle under the influence of alcohol may be termed with different designations under different circumstances or in different states or jurisdictions, including DUI (driving under the influence), OUI (operating under the influence), or even DWI (driving while intoxicated). These offenses are serious and should not be taken lightly. Anyone who is operating a motorized vehicle or a vehicle with any type of drive train can get a DUI-type offense. This includes the use of motorized watercraft, lawnmowers, mopeds, and even non-motorized bicycles. Individuals using skateboards, rollerblades, etc., would not be charged with a DUI offense if they are stopped while they are intoxicated on these conveyances, but could be charged with some other offense, such as public intoxication, depending on the jurisdiction where the offense occurs.

A Drunk Driving Offense Is Not Limited to Just the Use of Alcohol
Any charge of operating under the influence (DUI) is not limited to the use of alcohol. An individual, who is operating a motor vehicle under the influence of other drugs, including over-the-counter drugs, prescription drugs, and even illicit drugs, can be charged with this offense.

If Arrested for a DUI-Type Offense, You Will Spend Time in Jail

If an individual is arrested for a DUI-type offense, the arresting officers have the responsibility to remove the individual from the situation and get them off the road. Typically, this means taking them into the police station, booking them, and then putting them in jail until they post bond. In many jurisdictions, individuals must also demonstrate a significant drop in their BAC in order for them to be released on their own recognizance after being arrested for a DUI or related offense. The actual amount of time an individual spends in jail is dependent on the situation, jurisdiction, etc.

Is a DUI a Felony?

DUI type offenses may or might not be felonies. In most jurisdictions, an individual who is getting a first-time DUI will most likely be charged with a misdemeanor. However, an individual who severely injures or kills someone while under the influence of alcohol or other drugs will be charged with a felony. Some states now also charge individuals with felonies even for first-time offenses if they have a very high BAC; the level can vary from state to state, but as an overall standard, a BAC of 0.15 or higher is a red flag to most legal authorities. If an individual is arrested for a DUI-type offense while their driving privileges have been suspended or restricted, they may be charged with higher-level offenses. The trend in numerous states is also to charge individuals with multiple DUI offenses with felony convictions after they have been arrested many times for DUIs or similar offenses (most often, three times or more). Thus, in many states, after an individual has two (or three) DUI convictions on their record, any subsequent arrests for DUIs are felony convictions.

Arraignments Are Easy; After That Get an Attorney

After an individual is arrested for a DUI-type offense, they will go to court for an arraignment. At the arraignment, the individual will be formally charged with a criminal offense and will be allowed to plead guilty or not guilty. The standard legal advice is to plead not guilty at the arraignment, pay the bond, get released, and then seek the assistance of an attorney for further steps in the process.

Expect Immediate Financial Responsibilities

The entire process of getting a DUI is extremely expensive. Even before one is formally convicted, one should expect to start shelling out money. Individuals often have to pay the court a bond to be released, pay a bond to get their car back, and pay towing charges. They often have to give their chosen attorney a down payment before the attorney begins working on their case. Depending on the situation, other financial responsibilities could be incurred. Even before one goes to trial for their DUI offense, they may have already spent thousands of dollars.

Be Ready to Have Restrictions on Your Driving Privileges

These days, in most states, it is a safe bet to assume that once an individual is convicted of any DUI-type offense, there will be ramifications on their driving privileges. In most states, an individual who refuses to take a BAC test automatically has their driver’s license suspended. The length of time varies depending on the state but typically ranges from three to 12 months. In some states, the arresting officer confiscates the individual’s driver’s license once they are arrested, and the individual gets a temporary driver’s license until their trial. Upon conviction of any DUI offense, an individual’s driver’s license will most likely be restricted, suspended, or revoked depending on the state and the nature of the offense. First-time offenders most often have suspended licenses for a period of 90 days, but again, these suspensions can vary from state to state and case to case, and they are subject to being shorter or longer depending on the judge and situation. Most often, individuals have to meet certain specifications, such as having interlock systems installed on their car ignition if they are issued restricted driver’s licenses, or they must wait for a specified period of time to get their license back if it is suspended or revoked. In many of these later instances, individuals often have to appear before the Department of Motor Vehicles and formally evaluated in terms of their risk for future infractions in order to get their full driver’s license returned. All of these issues incur a further outlay of money, are significantly embarrassing for most individuals, and produce significant stress and resentment.

Expect to Pay More Money for Car Insurance

Individuals who have DUI offenses on their record pay significantly higher premiums for car insurance. There is no way around this. In many cases, insurance companies may drop them, and individuals are forced to seek out insurance companies that will accept them. These companies typically charge significantly higher rates for limited automobile insurance.

Expect to Be Placed on Probation

Because being convicted of a DUI offense is a criminal offense, the vast majority of individuals will be placed on probation for some period of time following their conviction. Probation costs money, and individuals can expect to shell out more money here. The specifications of probation require that an individual not use alcohol or other drugs, and not be in places where the primary purpose of the business is to serve alcohol (e.g., a bar). Other restrictions may be incurred depending on the state, situation, judge, and the individual’s probation officer. While on probation, individuals are required to notify their probation officer and get permission to leave the state and in some cases even the city in which they reside.

One Might Have to Attend an Alcohol Education Program

More and more jurisdictions are requiring that even first-time offenders attend a formal alcohol education program. The program can vary depending on the situation and the state where the program is delivered. Expect to pay for the program and have your attendance monitored in some way.
One Might Have to Complete a Formal Alcohol or Substance Use Disorder

The courts will often require that an individual be formally evaluated by a mental health provider that is attached to the court system or a private mental health provider for substance abuse issues prior to going to trial. This assessment often includes an interview with the healthcare provider/clinician and completing a series of tests. The court often uses this information to determine sentencing, probation, the need for treatment, etc. Again, these assessments can be relatively expensive, and the court does not pay for them in most cases. One should expect to shell out even more money for this court requirement if it is imposed.
Courts Most Often Require That the Individual Receives Substance Use

Will I Have To Get Treatment?

Yes. Very likely. The legal system does not want to see repeat DUI offenders. Most courts require that individuals receive substance use disorder treatment as a condition of their probation. If individuals do not attend treatment or are not able to demonstrate to the probation officer that they are attending treatment, they could be subject to jail or even steeper fines. The treatment is often specified by the judge and can include participation in Alcoholics Anonymous meetings and/or substance use disorder therapy. Individuals may be required to attend inpatient or residential rehabilitation programs for alcohol abuse. The specification of treatment is often a requirement for an individual to complete probation and may be a requirement for an individual to get their driver’s license back.

Upon Conviction, Expect More Fines

Once an individual is convicted of a DUI offense, they are typically fined by the court. These fines will often eat up the individual’s bond and may require the individual to pay additional monies. Individuals can arrange to be put on a payment program because, in many cases, the fines are extensive.

More Jail Time Might Be in Your Future

States are becoming stricter and stricter regarding punishments for individuals who incur DUI-type offenses, even for first-time offenders. Judges are given less leeway in giving out fines and jail sentences in the current milieu and may be required to include incarceration as a result of charging an individual with a DUI-type offense. In most cases, judges have some leeway concerning the length of the sentence they impose, but the trend is that individuals who commit more than one DUI offense will spend some time in jail. Serious repeat offenders or individuals who have injured someone or caused property damage may be forced to spend significant time in prison. In some cases, individuals may be placed on a tether in lieu of a jail sentence and are not allowed to leave their home except during specified periods (house arrest).

How Long Does a DUI Stay on Your Record?

Once an individual is convicted of a DUI offense, there is a record of it somewhere. In many cases, individuals are required to report these offenses on job applications and for other purposes, such as when applying to the military, applying to certain colleges, etc. Insurance companies often investigate an individual’s driving record for as far back as 5-7 years, and when offenses are uncovered by insurance companies, they will tend to charge higher premiums for services or will not cover the individual. Individuals subject to background checks for employment or other purposes often experience a DUI resulting in complications for certain types of employment. Even though it may not appear in some types of background checks or searches years after an individual has committed the offense, there is always a record of it somewhere. Individuals who have multiple DUI convictions, who have seriously injured or killed someone while driving under the influence of alcohol, or who committed significant property damage while under the influence may have these convictions follow them around for the rest of their lives.

Reasons Prosecutors May Reduce or Dismiss DUI Drug Charges

• Lack Of Probable Cause To Stop Your Vehicle: Before a police officer can stop your vehicle, he or she must have reasonable suspicion or probable cause to do so. Probable cause is “reasonable suspicion for a traffic stop” This means that you were observed having violated a traffic law, such as:
1. Speeding,
2. Failing to stop completely at a stop sign, or
3. Straddling the lanes.
An example of lack of probable cause to stop you is racial profiling.
What Happens If There Are No Witnesses?
If no one makes a statement to the officer and there are no indicators as to who the driver is, there may not be sufficient probable cause to arrest any of the persons standing near the vehicle which is known as the “no driving” defense.
However, if there is any evidence that could suggest that one person was likely the driver such as:
• The way the seat is adjusted, or
• The fact that one of the parties is the registered owners of the vehicle
The officer may have enough probable cause depending on the totality of the circumstances.

What If The Engine Is On But You Did Not Move The Car?

If your engine is running, the officer can assume you had just driven or were about to drive. Other indirect or circumstantial evidence of your having driven include:
• A warm engine
• Gear is in drive
• There is a damaged vehicle at scene of an accident
• The absence of an alternative driver
An adjunct to this is a scenario where you had been in an accident but left the vehicle and the scene and returned home or went to a nearby bar or restaurant where police found you. Unless you admit that you had not ingested any drugs (or alcohol) during the interim between the time you left the vehicle and your being questioned by police, you could just have likely become impaired after you left the scene.

What Symptoms of Impairment Are Officers Looking For?

Classic symptoms of impairment are slurred speech; watery, bloodshot eyes; fumbling with documents; and an inability to understand simple directions or questions. It may be different for drivers under the influence of a drug since different drugs produce different symptoms. If DUI marijuana is suspected, for example, your coordination is usually not affected. Few people who smoked or ingested marijuana exhibit slurred speech or have watery, bloodshot eyes, though they may appear glassy. If the officer testifies to this, a defense expert can counter with studies that refute such conclusions in the majority of subjects.

Field Sobriety Tests

In traffic stops where the officer has observed symptoms of drinking or of ingestion of a drug, the officer may request that you take a series of field sobriety tests that test your coordination and balance. These may include:
• Walk and turn
• Stand on one foot
• Horizontal gaze nystagmus (HGN)
Do You Have To Take Field Sobriety Tests?
You are under no obligation to take any of these tests and will not be penalized at all if you refuse. However, the majority of defendants are either too fearful of appearing uncooperative, or are unaware that they can refuse to take the tests, and commit to taking them. This includes blowing into a PBT, or preliminary breath test, which only detects the presence of alcohol in your blood. Its results are not admissible as evidence but do provide probable cause to suspect you are under the influence of alcohol.
The following are some of the legal grounds on which your DUI case can be dismissed:
• Improper cause for stopping your vehicle by the police
• Illegal seizures and searches by the police
• Illegal field sobriety tests conducted by the authorities
• Illegal chemical tests conducted by the authorities
• Your blood was withdrawn without consent and a warrant
• Violation of a right to speak with your Lawyer
• Successful ousting of license suspension

Illegal Field Sobriety Tests

There are certain kinds of field sobriety tests. There is also a specific manner in which they can be conducted. A test done without your consent is one of the reasons the judge may dismiss your DUI charge. Furthermore, if these tests are run in an invalid fashion, then the arrest is considered to be invalid. According to expert impaired driving lawyers, the most common reason for dismissal of a DUI is due to using faulty testing instrument. Thus, they can challenge the validity of the results of a test in a court of law.
• The conclusions will be false if breathalyzer is not calibrated well before use.
• The results may be inadmissible in the courtroom if you have a specific medical condition.
• Blood tests need to be administered using standard procedures. Blood must be drawn by a specialist technician. There should be no alcohol-based cleaning agents used where blood is drawn. The blood vials must contain an adequate amount of preservative and coagulant, which should not have expired. They should also be correctly mixed with the sample. This sample should be properly labeled and stored in safe custody at all times.

Right to Speak with Your Lawyer

At the time of the arrest, you should be properly notified by the police officers that you can speak with your lawyer. The defendant can challenge the authorities to have violated this basic right while being arrested.

If your lawyer can successfully dismiss the license suspension against you, then the prosecutor might be forced to offer you a plea bargain. He or she may withdraw all DUI charges against you for a much lesser penalty because their case will become weaker in the eyes of the law once the driving suspension is over. Although it seems very difficult to remain positive when you are facing Driving Under the Influence (DUI) charges, you should never accept the charges easily. Hire a competent DUI lawyer to defend you.

Salt Lake City DUI Lawyer

When you need legal defense from a Salt Lake City DUI 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

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Utah Criminal Code 76-5-102.7

Utah Criminal Code 76-5-102.7: Assault Against Health Care Provider And Emergency Medical Service Worker–Penalty

1. A person who commits an assault or threat of violence against a health care provider or emergency medical service worker is guilty of a class A misdemeanor if:
a. the person is not a prisoner or a person detained under Section 77-7-15 ;
b. the person knew that the victim was a health care provider or emergency medical service worker; and
c. the health care provider or emergency medical service worker was performing emergency or life saving duties within the scope of his or her authority at the time of the assault.
2. A person who violates Subsection (1) is guilty of a third degree felony if the person:
a. causes substantial bodily injury, as defined in Section 76-1-601 ; and
b. acts intentionally or knowingly.
3. As used in this section:
a. “Assault” means the same as that term is defined in Section 76-5-102.
b. Emergency medical service worker” means a person licensed under Section 26-8a-302.
c. “Health care provider” means the same as that term is defined in Section 78B-3-403.
d. “Threat of violence” means the same as that term is defined in Section 76-5-107.

Steps Health Care Provider Should Take After Being Attacked

• Try to escape – If you can’t escape, yell loud enough to get help.
• Create a barrier – Put something between that person assaulting you and yourself so you might be able to escape.
• Defend yourself – You can defend yourself. You are allowed to meet the attacker with equal force to get them to stop. Some people don’t know that.
• Report the incident – Notify your facility of the assault.
• Take a leave of absence – Many people will be nervous to go back to work after an incident. If you are struggling emotionally about the trauma, people need to begin to realize that trauma and anxiety are legitimate reasons to get a leave of absence. Don’t rush back to work if you aren’t ready.
• Get support and seek help – Surround yourself with people that you trust. Consider getting trauma counseling.

How Help End Violence Against Healthcare Workers

The legislature proposed the following,
• Assault against any healthcare workers must be a felony.
• No less than two law enforcement officers must be present with offenders.
• Facilities must provide locator badges with panic buttons for victims to signal for help.
• There must be anti-retaliation protections in place so healthcare workers may receive the same basic rights as any other assault victim – the right to report to law enforcement.

How to Prevent Workplace Violence

With violence in society a growing problem, the importance of taking measures to prevent workplace violence has become increasingly urgent to businesses that want to protect the safety of their employees. According to the Bureau of Labor Statistics, between the years of 2011 and 2018, a total of 5,746 injuries resulting from workplace violence were reported. Of these, 3,584 were workplace homicides and 2,825 of these homicides were the result of a shooting by another person. While violence is one of the major causes of death in the workplace, nonfatal cases are more common. Overall, the Occupational Health and Safety Administration estimates there are about 2 million cases of workplace violence a year. The surprisingly high number of incidents varies between verbal and physical abuse to homicides. It is also estimated that about 25 percent of workplace violence goes unreported. These statistics are a strong reminder that violence in the workplace is more common than we might think, but workplaces can take specific measures to prevent and lessen the impact of violence. When you know how to prevent workplace violence, you can be part of the solution and make your company a safer place for all employees.
• Workplace violence prevention begins with hiring. Conducting a thorough background check on potential employees (after they access a job offer) can reveal whether the candidate has a violent past. If something comes up, ask for an explanation and make sure it’s consistent with the report. They that have a recent violence conviction, you may decide to retract the job offer to avoid that kind of behavior in your workplace.
• Create a policy that prevents harassment. Harassment is repeated persecution, bullying and/or troubling behavior that intimidates others. It creates an offensive work environment and the behavior often serves as a warning for violence. That’s why creating a policy to prevent harassment is a crucial step in preventing the possibility of violence. This policy should include a set of procedures that addresses any workplace complaints efficiently and privately. While creating this policy, it’s important to involve each level of the facility, including managers, employees, and executives. Keep all individuals informed by distributing the new policy across your organization and take the time to ensure every employee understands it.
• Create an effective line of communication. Effective communication is a key factor in preventing workplace violence. If your employees have access to a workplace communication network, it can help them understand, recognize and report the early signs of potential violence, rather than passively sweeping them under the rug in favor of getting back to work. Giving them access to conflict-resolution resources makes them feel more responsible to communicate. Also, providing an open line of communication to management, HR and other key members of your company will help create an environment where employees can make sure their grievances are heard and properly responded to.

• Training and awareness are key factors in workplace violence prevention. Take the time to have training sessions about how to respond to a violent incident so your staff knows how to react when it occurs.
• Establish a strict anti-violence policy. Prevent workplace violence by creating firm policies that empower your team to report violent and harassing behaviors and other signs of danger. This kind of policy eliminates undesirable employee behavior and leaves no room for favoritism managers must apply swift and consistent punishment no matter who violates the policy. Make sure all employees are aware of the consequences for violating the policy.
• Encourage your employees to accept individual differences. Personality clashes or leadership style differences exist in every workplace. If left unresolved, these issues could result in job dissatisfaction or depression, and even violence (in the form of verbal abuse, sabotage, or worse). Persistent issues result in high turnover and culture problems or your organization. Help negate conflict by organizing activities to help the tea get to know each other, and acknowledging differences as positive attributes. This could help people see that their individual differences play a vital role in the team’s strengths as a whole.
• Manage visitors and provide security monitoring. Monitoring visitors and managing them when possible is a smart way to prevent violence in the workplace. Whether security guards are patrolling your facility/parking lot, capturing video surveillance, or overseeing a visitor check-in desk, these are all extra layers of security that can deter someone from performing a violent incident. This is especially important in situations where people work alone or in confined spaces, or provides services involving money or alcohol. Also consider providing after hours escorts for workers in parking lots who become easier targets when alone.
• Encourage everyone to report any and all violent incidents. A great way to start preventing workplace violence is to establish trust between you and your employees. Ensure your employees of the confidentiality in which they can report incidents, and assure each of them that no retaliation will be made against anyone reporting acts of violence.
• Deter robbers with limited assets on hand. Workplace violence often occurs in conjunction with crimes like robbery and shoplifting. In fact, 85 percent of workplace homicides fall into this category where the criminal has no known relation to the business or its employees. You can reduce the risk of robbery and potential violence by keeping the amount of assets at your facility to a minimum. Use electronic pay systems to reduce cash on hand and install a locked drop safe. It may also help to keep your facility well lit and ask law enforcement officers to visit occasionally. Always be alert and pay attention to customers acting strangely.
• Identify organizational risk factors that could lead to violence. What areas or concerns in your organization are potential risk factors that could lead to workplace violence? When combined with the stress of a personal situation employees bring to work, they may become aggressive and lash out. Assess your operation to become aware of these factors like working while understaffed, inadequate security, the perception that violence is tolerated or that victims are unable to properly report incidents, and many others.
• After an incident or near miss, perform a thorough analysis. In the event that your workplace does experience a violent situation or is able to prevent one from occurring, follow up with an analysis. Who was affected and what, if any, warning signs were present? Were existing procedures and operations followed and if not, why? Were team members adequately trained? What new procedures and operations would help to improve staff safety and security? Answering these questions can help you modify your existing plans and ensure your business is able to effectively prevent workplace violence.

There are some instances where the hospital, facility or even a patient will harm a nurse for one reason or another to include policies, accidents and intentional harm. In these circumstances, the nurse often needs to know how to move forward, what to do to seek recovery options and which choices are possible in the legal world. Nurses and nursing staff work in one of the most dangerous industries in the country. No matter what day they work, there are many hazards both at work and when treating patients that each nurse must confront. These can range from patients that have an imbalance or impairment to the sharp objects that can quickly and easily cut the skin. If equipment or tools slip and fall, they can slice open the nurse immediately. These dangers are everywhere in a hospital, and clinics equally have the same dangers. If working for a private practice, nurses still run into the same types of risks. A personal injury case is possible for anyone that suffers bodily harm at the hands of another person or company that is responsible for the damage. This then progresses to a lawsuit when the plaintiff requires compensation for recovery. The other party’s negligence is then an issue that the victim will need to prove to the judge or jury panel. Evidence and a legal argument presented will help to prove or disprove the claim. Generally, there are numerous rules that apply to these claims and can prevent a nurse from litigation against his or her employer.

Negligence and the Hospital

There are elements of a negligence case. For a nurse to sue a hospital, he or she will need to prove that the facility owes a duty of care to the nurse. This exists in the professional guidelines and conduct along with the employment agreement to the organization. The duty of care is what should prevent the facility from letting dangers go unnoticed or from keeping criminals contained. The nurse can sue the hospital for negligence when there is a breach of the duty of care. The other elements must also exist along with a detailed explanation from the legal team.

The Elements of the Negligent Claim

With the duty of care comes a breach. This occurs when the facility knows of danger but does nothing to remove it. Injuries that happen through negligence often lead to lawsuits where the victim can pursue compensation for a full recovery. With the breach, the plaintiff must explain the causation between the breach and any injury sustained. The injury must become significant to seek compensation through litigation. With the services of a lawyer, the nurse can detail the injury, incident and how the hospital or other party is responsible for damages.

Who to Sue

Based on the evidence of either negligence or a breach of the duty of care, the nurse may have one or more individuals or entities to sue. For a patient that attacks and injures the nurse, he or she can sue the patient and either obtain awards through insurance or by a direct attack on the person. However, the facility that has protections in place may not ensure the prevention of such incidents. This could lead to a lawsuit against the hospital or clinic. Then, the nurse will need a greater strength of evidence to pursue the claim legally in the courts.

Evidence and the Lawyer’s Help

By proving the elements of negligence, the nurse or Health worker can effectively sue the patient or hospital that employs him or her. This requires evidence. It is possible to acquire video surveillance captures of the accident or intentional damage. With witness statements, the video and a strong claim, the nurse can provide the courtroom with all necessary and relevant details and proof. With a lack of safety protocols in place, the hospital or clinic could face liability and owing damages to the nurse. The monetary compensation is necessary for recovery and to ensure the nurse can become whole after the injury.

Misdiagnosis

Almost hand in hand with delayed care is another one of the most common causes – misdiagnosis. When a patient is misdiagnosed it can be months before they receive the proper diagnosis and the proper treatment to go with it. Treatment for a misdiagnosed illness can actually hinder recovery, causing more problems than there were to start with. There have been thousands of cases of misdiagnosis, in which the doctor or medical staff have failed to notice a serious disease, such as cancer, before it is too late. Misdiagnosis is not always life threatening, but it can have a big impact on the patient’s mental and physical well-being. Misdiagnosed fractures and infections are becoming increasingly common. Doctors are squeezed for time and will routinely miss things. Fortunately, it is rare that it causes a patient undue suffering.

Medication Errors

On the list of ‘never event’ mistakes (errors which should never happen) and also on the list of most common causes is medication errors. Whether it be that a patient has been prescribed too much of a medication or the wrong medication altogether; the effects of these errors can be devastating. There have been cases in the last year in which patients have had their painkiller dosages doubled, to a fatal amount, due to simple carelessness of the medical staff. Medication errors are seen as ‘never event’ mistakes, yet this hasn’t stopped them from creeping into the top clinical negligence claim causes in the Utah.

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

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Sunday, 8 November 2020

Divorce St. George

Divorce happens after a married couple does not want to be legally married and/or living together anymore; it is legally dissolving a marriage.

How Much Does A Divorce Cost In St. George, Utah?

There is a lot that goes into the divorce process. Filing for divorce costs alot in Utah, however, there is a lot more to a divorce than just a small fee.

• Mutually agreed divorce: When a couple can agree on the terms prior to them filing for divorce, the cost can be significantly lower than if they are not on agreeing terms. The average cost of a divorce when both parties already agree on all terms for the divorce can be as low as $100-$400. When they are not on agreeing terms, it can involve divorce attorneys. Most divorces are far more expensive than just a few hundred dollars.
• Having Minor Children: Filing for divorce while they are minors involved can make it more lengthy and costly. What this really means is that attorneys need to be involved in order to complete the divorce process. The average cost of a divorce according to Utah divorce law is in Utah is $13,200, including around $10,000 in attorney fees. The average hourly rate for divorce attorneys in Utah is $250, it takes on average 53 hours total work time to start and complete a divorce.
• Disputing over Alimony: Alimony is the financial legal obligation for a spouse in the event of a marriage separation or divorce. In the event of a divorce, sometimes there are disagreements over how much support one spouse is willing to provide.
• Property Division problems: When a couple files for divorce, one major component of the divorce according to Utah divorce law is the division of property. Property can be one of the most disputed issues in any divorce.
• Do-It-Yourself: Utah divorce law says that if both spouses are in full agreement to all of the terms of the divorce, then a Do-It-Yourself or DIY divorce can be an option that is much cheaper. In Utah, there are clinics that offer their DIY divorce for a price much lower than that of one that involves a divorce attorney. If a couple file for divorce and they do not have minor children, the total DIY divorce is somewhere between $1,000 and $2,000, and remember – there is the $350 +/- Utah divorce court filing fee. If a couple file for divorce with minor children, the DIY divorce can cost even more than that. Keep in minds that many who choose to undergo a divorce without professional legal help end up dealing with long-term unfortunate consequences down the road.

How Long Does A Divorce Take In St. George, Utah?

Utah divorce law says that a divorce has a minimum 90 day mandatory waiting period; this is a time where the spouses should ‘cool off’ and helps many people make rational decisions because emotions won’t be so high. Once the 90 day waiting period is over, the divorce may be completed – it will take at least 90 days to complete

What Is An Uncontested Divorce?

An uncontested divorce means that all of the aspects of your divorce have been agreed upon between you and your spouse. If you and your spouse can discuss and reach an agreement as to all the terms that you would like incorporated in your Decree of Divorce (and Parenting Plan if there are minor children), you can save your family thousands of dollars, and spare your family months if not years of litigation.

How Do I Obtain An Uncontested Divorce?

After meeting with you and collecting the necessary information, Lawyer prepares a Stipulation, that will contain all the necessary provisions that you and your spouse have agreed to, as well as all the provisions required by Utah law. After the Stipulation is signed by both parties, Lawyer will prepare all the additional documents necessary to obtain your Decree of

Divorce from the court.

Why Do I Need An Attorney If My Spouse And I Have Reached An Agreement On Our Own?

Even if you and your spouse have reached your own agreement, and/or utilized the court’s online assistance program, you should meet with an attorney to ensure that you have included all the necessary provisions in your divorce decree. Unlike most civil cases, divorce proceedings never really close. A decree of divorce can be modified if there is a substantial change of circumstances, or reopened if the parties neglect to include a necessary provision. Modifications can be extremely costly and time consuming. You want to get it right the first time. Additionally, if you have minor children you may need to include a Parenting Plan which you will have to live with, and abide by, until your youngest child reaches the age of majority. You owe it to yourself and your family to meet with an attorney to make sure you has addressed not only the issues you and your spouse are currently facing, but also the issues and contingencies that you may be faced with in the future.

What If My Divorce Becomes Contested?

Unfortunately, many couples cannot reach an agreement or stipulation on their own. If you and your spouse cannot reach an agreement, A Lawyer can represent you at our hourly rates. The majority of contested divorces eventually resolve through settlement, and very few end in trial. Utah Law dictates that before a court will hold a trial in a divorce proceeding, the parties must attempt to resolve the matter through mediation.
Do-It-Yourself Divorce (DIY Divorce)
Doing your own divorce through Utah Legal Clinic is easy and economical. The process will save you substantial money and allows you to end a marriage with minimum involvement by lawyers and the legal system. To qualify for a Do-It-Yourself Divorce, your divorce must be completely uncontested. This means you and your spouse must be in full agreement as to all terms. Many times, Utah Legal Clinic can determine quickly over the phone if you qualify for the Do-It-Yourself Divorce service. In most cases, no court hearing is required for uncontested divorces.

The Difference Between a Divorce and an Annulment

There are two options for legally leaving a marriage: divorce and annulment, and there are several similarities and differences between the two. Legally, some of the biggest differences include the type of evidence that is required to obtain an annulment vs. a divorce and the obligations to and from the former spouse with each ruling. Many religions define divorce and annulment as well, and the legal ruling does not necessarily have to align with the religious designation. The biggest difference between a divorce and an annulment is that a divorce ends a legally valid marriage, while an annulment formally declares a marriage to have been legally invalid.

Divorce: A legal dissolving, termination, and ending of a legally valid marriage. A divorce ends a legal marriage and declares the spouses to be single again. No-fault divorces, in which neither party is required to prove fault on the part of their spouse, is legal in every state, though some require that the couple live apart for a period of time before either can file. “Irreconcilable differences” is often cited as grounds for a no-fault divorce. Common grounds cited for fault divorces can include things like adultery, imprisonment, or abandonment. Regardless of type, the divorcing couples may still have disputes about property, finances, child custody, and more that must be settled through court orders. Fault divorces can lead to larger settlements for the party without fault.

Annulment: A legal ruling that erases a marriage by declaring the marriage null and void and that the union was never legally valid. However, even if the marriage is erased, the marriage records remain on file. Note that a religious annulment is not a legal dissolution of a civil marriage. There are different reasons for pursuing a divorce versus an annulment. At the core, ending a marriage is generally because one or both spouses want to leave the union. A divorce, which is much more common, is sought when the parties acknowledge that the marriage existed. An annulment is sought when one or both of the spouses believe that there was something legally invalid about the marriage in the first place. An annulment ends a marriage that at least one of the parties believes should never have taken place. If the marriage took place despite unknown facts, such as a secret child, or even a secret illness, it may be voidable. An annulment can also end a marriage if the marriage was not legal to begin with. This might occur if issues such as bigamy or incest made the marriage illegal. The legal grounds for obtaining an annulment vary between states, but typically include reasons like the following:
• One or both spouses were forced or tricked into the marriage.
• One or both spouses were not able to make a decision to marry due to a mental disability, drugs, or alcohol.
• One or both spouses were already married at the time of the marriage (bigamy).
• One or both spouses were not of legal age to marry.
• The marriage was incestuous.
• Concealment of major issues such as drug abuse or a criminal history

Length of the Marriage

Often, people assume that a very brief marriage can be ended with an annulment due to the short duration. However, legal experts disagree. While many states will not grant an annulment after a certain length of time, there is not an automatic annulment granted to end a marriage because the couple wants to end it after a short period of time. The marriage still has to meet one or more of the conditions above in order for it to be annulled.

Legal Assistance

Both types of marriage dissolution can be fairly complicated from a legal standpoint, requiring costly and lengthy legal proceedings. And both start the same way, with one or both of the spouses formally asking the court for either a divorce or an annulment. Either a divorce or an annulment can also be simple and low-cost if both parties agree to end the union without too many disputes or disagreements about how to do so.

After a Divorce or Annulment

Among the differences between the two types of marriage dissolution: After an annulment, the marriage is considered to have never legally happened. It is as if the clock is turned back to before the marriage. After a divorce, the former spouses may still have obligations to each other, such as spousal support, joint childrearing, and division of shared property.

Finances After Divorce vs. Annulment

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

Religious Rules

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

Determining the Division of Property During a Divorce

Utah domestic courts focus on providing equality to both parties. When going through a divorce, certain assets will need to be split between both parties. Division of property in Utah can be complicated as each case is unique. Utah recognizes two types of property in a divorce case: separate property and marital property.

Separate Property

Separate property is defined as property belonging to one spouse. The property owned by the spouse is normally acquired before the marriage, or property left to that person through a will of a deceased loved one or acquaintance.

Marital Property

Marital property is deemed as property acquired during the marriage. Both parties may or may not be on the deed to the property together, however the property is normally paid for during the marriage. The courts will consider several factors when determining how to divide property including:
• The amount and type of property to be divided
• Source of the property
• Health of both parties
• Standard of living for both parties
• Financial conditions of both parties
• Needs of both parties
• The earning capacities of both parties
• Duration of the marriage
• What both parties gave up in the marriage
The division of property is related to the amount of alimony awarded. The court will consider all these factors as they make the ruling on which spouses get to keep different property. If there is a large discrepancy in the incomes of the two spouses, the court often sides with the lesser-earning party by awarding them with more marital assets.

Debt and Divorce

Marital debt is split during the divorce. Something that is not discussed is the role of the debtor in the new arrangement. Even if the debt is joined and your spouse agrees to pay for it, your credit can still be hurt if they fail to make payments. If your spouse incurred debt you were unaware of, you can be legally responsible for this debt as it is deemed joint debt. To protect you financially, Lawyer focus on full disclosure during settlement negotiations by requiring both parties to list all debtors, account numbers, and current amount of debt.