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Thursday 22 December 2022

Trust Dos And Don’ts

A trust is the legal relationship between one person, the trustee, having an equitable ownership or management of certain property and another person, the beneficiary, owning the legal title to that property. The beneficiary is entitled to the performance of certain duties and the exercise of certain powers by the trustee, which performance may be enforced by a court of equity. Most trusts are founded by the persons (called trustors, settlors and/or donors) who execute a written declaration of trust which establishes the trust and spells out the terms and conditions upon which it will be conducted. The declaration also names the original trustee or trustees, successor trustees or means to choose future trustees. The assets of the trust are usually given to the trust by the creators, although assets may be added by others. During the life of the trust, profits and, sometimes, a portion of the principal, called the “corpus”, may be distributed to the beneficiaries, and the remainder to is usually distributed upon the occurrence of an event, such as the death of the creator. A trust may be created as an alternative to a will in order to avoid probate and higher taxation. There are many types of trusts, including “revocable trusts”, created to handle the trustors’ assets (with the trustor acting as initial trustee), also called a “living trust” or “inter vivo trust”, which only becomes irrevocable on the death of the first trustor; “irrevocable trust,” which cannot be changed at any time; “charitable remainder unitrust,” which provides for eventual guaranteed distribution of the corpus (assets) to charity, providing a substantial tax benefit. There are also “constructive” and “resulting” trusts declared by a court for equitable reasons over property held by someone for its owner. A “testamentary trust” can be created by a will to manage assets given to beneficiaries.

Types of Trusts

A trust is a legal document that can be created during a person’s lifetime and survive the person’s death. A trust can also be created by a will and formed after death. Once assets are put into the trust they belong to the trust itself (such as a bank account), not the trustee (person). They remain subject to the rules and instructions of the trust contract. In essence, a trust is a right to money or property, which is held in a fiduciary relationship by one person or bank for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust.

Revocable Trusts

Revocable trusts are created during the lifetime of the trust-maker and can be altered, changed, modified or revoked entirely. Often called a living trust, these are trusts in which the trust-maker:
• Transfers the title of a property to a trust
• Serves as the initial trustee
• Has the ability to remove the property from the trust during his or her lifetime

Revocable trusts are extremely helpful in avoiding probate. If ownership of assets is transferred to a revocable trust during the lifetime of the trust-maker so that it is owned by the trust at the time of the trust-maker’s death, the assets will not be subject to probate. Although useful to avoid probate, a revocable trust is not an asset protection technique as assets transferred to the trust during the trust-maker’s lifetime will remain available to the trust-maker’s creditors. It does make it more somewhat more difficult for creditors to access these assets since the creditor must petition a court for an order to enable the creditor to get to the assets held in the trust. Typically, a revocable trust evolves into an irrevocable trust upon the death of the trust-maker.

Irrevocable Trust

An irrevocable trust is one that cannot be altered, changed, modified or revoked after its creation. Once a property is transferred to an irrevocable trust, no one, including the trust maker, can take the property out of the trust. It is possible to purchase survivorship life insurance, the benefits of which can be held by an irrevocable trust. This type of survivorship life insurance can be used for estate tax planning purposes in large estates; however, survivorship life insurance held in an irrevocable trust can have serious negative consequences.

Asset Protection Trust

An asset protection trust is a type of trust that is designed to protect a person’s assets from claims of future creditors. These types of trusts are often set up in countries outside of the United States, although the assets do not always need to be transferred to the foreign jurisdiction. The purpose of an asset protection trust is to insulate assets from creditor attack. These trusts are normally structured so that they are irrevocable for a term of years and so that the trust-maker is not a current beneficiary. An asset protection trust is normally structured so that the undistributed assets of the trust are returned to the trust-maker upon the termination of the trust provided there is no current risk of creditor attack, thus permitting the trust-maker to regain complete control over the formerly protected assets.

Charitable Trust

Charitable trusts are trusts which benefit a particular charity or the public in general. Typically charitable trusts are established as part of an estate plan to lower or avoid the imposition of estate and gift tax. A charitable remainder trust (CRT) funded during the grantor’s lifetime can be a financial planning tool, providing the trust-maker with valuable lifetime benefits. In addition to the financial benefits, there is the intangible benefit of rewarding the trust-maker’s altruism as charities usually immediately honor the donors who have named the charity as the beneficiary of a CRT.

Constructive Trust

A constructive trust is an implied trust. An implied trust is established by a court and is determined by certain facts and circumstances. The court may decide that, even though there was never a formal declaration of a trust, there was an intention on the part of the property owner that the property is used for a particular purpose or go to a particular person. While a person may take legal title to a property, equitable considerations sometimes require that the equitable title of such property really belongs to someone else.

Special Needs Trust

A special needs trust is one that is set up for a person who receives government benefits so as not to disqualify the beneficiary from such government benefits. This is completely legal and permitted under the Social Security rules provided that the disabled beneficiary cannot control the amount or the frequency of trust distributions and cannot revoke the trust. Ordinarily, when a person is receiving government benefits, an inheritance or receipt of a gift could reduce or eliminate the person’s eligibility for such benefits. By establishing a trust, which provides for luxuries or other benefits which otherwise could not be obtained by the beneficiary, the beneficiary can obtain the benefits from the trust without defeating his or her eligibility for government benefits. Usually, a special needs trust has a provision that terminates the trust in the event that it could be used to make the beneficiary ineligible for government benefits. Special needs have a specific legal definition and are defined as the requisites for maintaining the comfort and happiness of a disabled person when such requisites are not being provided by any public or private agency. Special needs can include medical and dental expenses, equipment, education, treatment, rehabilitation, eyeglasses, transportation (including vehicle purchase), maintenance, insurance (including payment of premiums of insurance on the life of the beneficiary), essential dietary needs, spending money, electronic and computer equipment, vacations, athletic contests, movies, trips, money with which to purchase gifts, payments for a companion, and other items to enhance self-esteem. The list is quite extensive. Parents of a disabled child can establish a special needs trust as part of their general estate plan and not worry that their child will be prevented from receiving benefits when they are not there to care for the child. Disabled persons who expect an inheritance or other large sum of money may establish a special needs trust themselves, provided that another person or entity is named as trustee.

Spendthrift Trust

A trust that is established for a beneficiary that does not allow the beneficiary to sell or pledge away interests in the trust is known as a spendthrift trust. It is protected from the beneficiaries’ creditors, until such time as the trust property is distributed out of the trust and given to the beneficiaries.

Tax By-Pass Trust

A tax by-pass trust is a type of trust that is created to allow one spouse to leave money to the other while limiting the amount of federal estate tax that would be payable on the death of the second spouse. While assets can pass to a spouse tax-free, when the surviving spouse dies, the remaining assets over and above the exempt limit would be taxable to the children of the couple, potentially at a rate of 55 percent. A tax by-pass trust avoids this situation and saves the children perhaps hundreds of thousands of dollars in federal taxes, depending upon the value of the estate.

Totten Trust

A Totten trust is one that is created during the lifetime of the grantor by depositing money into an account at a financial institution in his or her name as the trustee for another. This is a type of revocable trust in which the gift is not completed until the grantor’s death or an unequivocal act reflecting the gift during the grantor’s lifetime. An individual or an entity can be named as the beneficiary. Upon death, Totten trust assets avoid probate. A Totten trust is used primarily with accounts and securities in financial institutions such as savings accounts, bank accounts, and certificates of deposit. A Totten trust cannot be used with real property. It provides a safer method to pass assets on to family than using joint ownership.

To create a Totten trust, the title on the account should include identifying language, such as “In Trust For,” “Payable on Death To,” “As Trustee For,” or the identifying initials for each, “IFF,” “POD,” “ATF.” If this language is not included, the beneficiary may not be identifiable. A Totten trust has been called a “poor man’s” trust because a written trust document is typically not involved and it often costs the trust maker nothing to establish.

Advantages and Disadvantages of Living Trusts

Regardless of whatever else you may have heard there are only two ways to avoid probate: don’t die and don’t own anything. The living trust attempts to accomplish the second way of avoiding probate, no one having yet discovered how to accomplish the first. As an estate planning tool, a living trust is neither inherently good nor inherently bad. It has certain advantages and certain disadvantages. Whether its use is appropriate depends upon the particulars and is a matter for individual determination. But first, a little background. Probate is simply the procedure for transferring a decedent’s assets, either by that person’s will or by state statute if there is no will. In the overwhelming majority of cases, the system functions smoothly and without undue delay or expense. It is the rare, but sometimes colorful case in which the estate is tied up for years and burdened by enormous legal fees and administrative expenses – whether because of a will contest or other disputes among the heirs or because of disputed claims against the estate – that provides grist for the mill of the “avoid probate” industry. You might not know it from the sales pitches, but a “living trust’ is nothing new as an estate planning mechanism. It has been around for years under the more traditional names “revocable trust” and “inter vivo trust,” literally, a trust “between the living.” If it tells you nothing else, the Latin name tells you that the concept is very traditional. A living or revocable trust is one created by a person while living that may be revoked or modified by that person without the consent of any other person. The creator of the trust, called the “settler” or “grantor,” can be his or her own trustee and can designate a successor trustee or trustees in the event of incapacity or death. The settlor is typically the beneficiary of the trust during his or her life, and designates in the trust document who will be the beneficiaries upon his or her death.

The use of a revocable trust “to avoid probate” requires that the trust be funded with all or substantially all of the settlor’s assets during the settlor’s life. It is in this way that the revocable trust enables the settler to follow the aforementioned advice, “don’t own anything.” The assets have passed from individual ownership to ownership by the trust. Thus, when the settlor dies there is nothing in the estate (assuming no further acquisitions) and nothing to “probate,” even though the settler, as beneficiary, has enjoyed the use of the trust assets during his or her life. There can be additional advantages of such trusts, beyond probate avoidance. For example, if the settler is successful in avoiding probate, the size and distribution of the estate can be kept confidential, unlike probate proceedings which are matters of public record. Also, the assets of a living trust can typically be distributed to beneficiaries sooner than is possible in the probate of an estate. Living trusts also can be an excellent way of keeping records and managing property. Another argument for living trusts is that confidentiality of trust provisions and avoidance of court procedures tend to reduce the likelihood of the equivalent of a will contest.

A major disadvantage of a living trust is the cost associated with its preparation and funding. The paperwork is more complex for a living trust than for a will and the attorney’s fee is typically larger. Property that passes by title, for example, real estate and vehicles, has to be transferred formally from individual ownership to trust ownership. More paperwork and more expense. Beneficiary designations to property such as insurance policies and bank accounts may also need to be changed. For an estate with fairly extensive property and complex dispositions, the cost of preparing and funding a living trust can be two or three times the cost of a will with equivalent dispositions. People who choose a living trust over a will are essentially doing much of their own probate before their death, similar to the way that some people plan their own funerals. As a result, they are paying costs and performing work now that would otherwise be deferred until after death and then paid by their estate and performed by their Personal Representative. There is nothing wrong with this of course, as long as a person realizes that is what he is doing. Additionally, the formalities of setting up and funding a living trust must be observed and records kept to reflect that observance throughout the settlor’s life if the transfer of the assets is to occur smoothly and without probate when the settlor dies.

Again, more paperwork and transaction expenses to keep the trust current. Unfortunately, many people lack the self-discipline necessary to keep their affairs in the order required by a living trust after they have established one. The costs to set up, maintain, and administer a living trust are generally at least the same as the costs of a will plus probate. With a living trust those costs are loaded toward the front end, with a will toward the back end. On occasion, there is a distinct advantage to opening a probate case even where the decedent had a trust and all the decedent’s property had been placed in the trust. The probate process allows for publication of a “Notice To Creditors,” which in effect imposes a very short statute of limitations on claims against the estate. Trust administration procedures do not provide for this, so any claims against the trust are subject only to their ordinary limitations periods.

Free Initial Consultation with Lawyer

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

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Wednesday 21 December 2022

Attorneys In Utah

The area of family law is composed of the legal relationships between family members. These relationships can include those of parents, children, spouses, domestic partners, and guardians. Issues involving family law can include: marriage, divorce, child custody, child support, adoption, reproductive rights, paternity, and domestic violence.

Family law encompasses the rules, regulations, and court procedures that involve the family unit. As such, it is not uncommon for cases that are heard in family court to be very personal and emotional. Family law attorneys help their clients file for divorce or separation, child custody and visitation, child support, and alimony. Experienced lawyers also assist their clients in establishing paternity, obtaining domestic violence restraining orders, property division, debt allocation, and parenting plans.

Family law attorney is a person who deals with all the matters of families. No matter if it is a matter of marriage, divorce, child custody, property, ownership, etc. The Family-law attorney deals with all such matters. A Family-law attorney is out of the zone of the criminal justice system and works only under civil law. Whenever a person gets a problem in family matters, no matter how severe the condition is, a Family-law attorney is hired, not a criminal lawyer. A Family-law attorney has the massive responsibility of getting justice for his clients.

Do You Need A Family-Law Attorney?

The first step to finding out the best Family-law attorney during your research is to determine why you and whether you need a Family-law attorney or not. By identifying this, you will be able to know the specialized area of Family-law attorney for which you need services. One you will recognize this; you will be able to narrow down your Family-law attorney research only to those who deal with problems that you are facing.

Decide the Right Venue

This is also an important step to keep in mind because every country and state has its laws under which it works. It is therefore important that the person who is filing the case chose the right venue of the claim. The venue must be the one in which both the member of the party is present. In another case, it will be difficult to follow the example if the laws have huge differences. Another benefit of doing this is that the Family-law attorney you will choose will know the court and the judges of that place. It will be easy for him to evaluate the situation and also will have an idea that how to handle the case before the authorities.

Do Some Research

Quick research about the Family-law attorney you are going to choose for your case will be of great help as it will provide you with all the background knowledge of the lawyer. You can search for the official website of the Family-law attorney and see how his work is going on and how active he is participating in different cases. Moreover, you can also go through social media account of your chosen Family-law attorney, as it is also helpful in understanding that person. Other than this, you can see the press releases about that person or meet someone of his organization to know well about him and his working attitude. This point is of great importance, so never neglect or miss it.

Narrow Down Your Choices

After all the above efforts gave, you will be now able to narrow down the search of your Family-law attorney. You might have 10 Family-law attorneys on your list in the start, but after the above evaluation, you might be left with only 2 or 3. Now, you can choose the best one out of these very easily. You may consider the minor factors for this. For instance, you can choose the Family-law attorney who is nearest to you, who is more understanding and comfortable for you. By looking into these small details, you are now able to get the best option out of the entire Family-law attorney in your surroundings. After doing this, you can even call your chosen Family-law attorney to get consultation on phone or either request to have a personal meeting in which you can get in-person consultation.

You can ask them about simple preliminary questions about their career and ambitions. In this way, you can evaluate them on a personal level and get to know how seriously they will carry out your case and how determined they are for their profession.

Making Final Decision

You can call your selected Family-law attorney and ask for a meeting for which you will get an appointment. Some Family-law attorney charges for even early meetings, but if you are sure that you will select that Family-law attorney, then there is no harm in paying the fee. Some charge on the hour basis and some charge collectively for the whole day, so you can ask them about it and know about their charges so that you may go with preparation. During this phone call, you must ask your Family-law attorney that what things you need to take with you for the first appointment.

Gather Your Documents for First Meeting

If your Family-law attorney does not tell you about the documents that you have to carry with you for the first meeting, then you can decide it on your own. You can find out about the essentials by searching online. Now, after finding out about the essential documents to be carried with you, take out copies of all of them. You may have to go to other Family-law attorney also, so make sure you keep more than one copy with you. Also, leave the original documents back home so that you may not lose them in any case. They must be kept safe and only taken outside when you need them at any cost.

Think About Your Case

Now, you are also required to gather details about your case that you might have forgotten over time. There will be so many questions that your selected Family-law attorney is going to ask you for, so you must be able to answer them properly and in detail. This would only be possible if you revise your case thoroughly in advance and then go to the Family-law attorney for the further proceedings. It is very important to remember every detail of your case because even minor things matter when it comes to winning a case in court. So, if you are not able to tell your Family-law attorney even a single detail of your case, you lose the chances to win it. So, keep your eyes open and make sure you remember everything and also deliver that to the Family-law attorney.

Make the List of Questions to Ask

As much as it is important to make the list of things the Family-law attorney could ask you, you have also to make a list of questions that you need to ask your chosen Family-law attorney. These questions are both general and specific to the case for which you are going to hire that Family-law attorney. Make sure you ask questions and feel satisfied with the answers of the Family-law attorney because if you do not feel comfortable and hopeful about the future proceedings of the case after visiting your Family-law attorney, then you might not have a good chance to carry on with such Family-law attorney. You can ask the Family-law attorney about how much he will charge you, how much time he will give to the case, when he is expecting the case will be resolved, how tough it would be for him, etc. These questions might look very simple, but they are the way in which one can evaluate a Family-law attorney about his skills, professionalism, and ability to win the case for you.

Plan a Schedule with Family-law attorney

Now after you are done with all the essential work, that is, you have met your Family-law attorney and asked every question you wanted, the next step you have to take is to schedule out your future meetings with him. Now as you will be satisfied and comfortable with your Family-law attorney, you can make a flexible plan for your meetings because you know that you will be working with him for a long time so compromise will be made and a proper plan will be constructed. It is not easy, but you can make it off your Family-law attorney is determined enough. Also, you must be very strong in your plans so that the Family-law attorney may not get relaxed at any point. So, you have to enforce regular meetings with the Family-law attorney.

Reasons You Need a Family Law Attorney

Here are a few reasons why choosing a qualified family law attorney is the right decision:
• Objective advice – Even if you’re the party who is initiating the divorce action, chances are that you are experiencing some very deep emotional turmoil concerning the matter. When emotions are running high, it’s easy to make rash decisions that, in hindsight, will prove to be ill-considered. Having a family law attorney in your corner means that you have a professional who can offer objective, fact and experience-based advice regarding your divorce. A family law attorney can help you avoid going for a quick resolution that leaves you at a long-term financial or parenting disadvantage.
• Access to top-notch consultants – In contentious divorce proceedings, the testimony and advice of professionals such as bankers, investment consultants, appraisers, physicians, and mental health experts may be necessary. Experienced family law attorneys have contacts with many of these experienced professionals and can recruit knowledgeable experts who can lend authority to your case with their knowledge.
• Courtroom experience – There is no substitute for experience when it comes to litigation. Family law attorneys have spent a significant portion of their careers in the courtroom arguing divorce cases. This experience gives them unparalleled insight into what tactics opposing attorneys will pursue and how judges will react to various arguments and evidence. While most divorce cases settle, the most contentious ones end up in a courtroom and, in that circumstance; you want a seasoned professional on your side.
• Familiarity with opposing counsel – Most family law attorneys in your area will interact in court and develop working relationships. Experienced family law attorneys can draw upon those contacts to work effectively with your spouse’s attorney to help negotiate a settlement that is fair and equitable.
• Alternatives to litigation – Family law attorneys can advise their clients on whether alternatives such as divorce mediation may be appropriate for their circumstances. Mediation can save divorcing spouses with good communication the time, expense, and stress of a divorce proceeding. In mediation, a facilitator helps guide divorcing spouses to an amicable agreement. While this option isn’t for everyone, many couples have used it to successfully end marriages without the acrimony involved in divorce.
• Pricing – Family law attorneys understand how tough the divorce process can be, particularly with regard to finances. Family law attorneys may charge more competitive rates than non-family law practitioners and may also be more willing to work with clients regarding payment.

How Much Do Family Lawyers Cost?

The fees charged by a Family Lawyer can vary dramatically depending on how experienced the Lawyer is, the complexity of the case and whether they charge an hourly rate or a fixed fee. However, they should provide you with an estimation of the expected fees from the outset. There are many areas of Family Law that a Family Lawyer or Solicitor may specialize in, the main areas of focus being divorce, children matters and the cost of each matter can vary depending on the complexity of the individual case and the amount of work the Lawyer is ultimately instructed to complete. To assess the cost of an hourly rate case will require the client and the Lawyer to discuss the circumstances in detail and estimate how much work the matter will require. Once this has been established, the Lawyer should be able to provide an accurate estimate of fees, though this will still only be estimation. A fixed fee service is where the Lawyer provides a quote before any of the work starts, and this price is guaranteed not to change. Some clients prefer this as it means they know exactly where they stand right from the start. Regardless of whether a Family Lawyer is charging a fixed fee or an hourly rate, they should discuss the fees with their client right at the point of initial engagement.

Additional Costs

In most Family Law matters, there are likely to be additional costs that will need to be paid alongside the legal fees. It’s important to understand what these costs are so that you can budget accordingly.

• Court Fees: When an application is sent to Court, depending on the nature of that application, the Court will charge a fee for the application. In divorce matters, this is currently £550, in children matters the fee is £215 and in financial separation matters the fee is £255. This fee is separate to the Lawyer or Solicitor’s fee as this is paid directly to the Court and is known as a ‘disbursement’ (meaning a fee which is payable to a third party other than the instructed Lawyer or Solicitor.) If the client cannot afford to pay the Court fee, it is possible for them to apply to the Court for a reduction or even an exemption from the Court fees by completing a fee remission form. The Court will then assess the amount that the client will be expected to pay towards the Court fee.
• Barrister Fees: Depending on the nature of the case there may be further disbursements required. If a case is taken to Court, for example, then the Family Law Solicitor may arrange for a barrister to represent the client at the hearing. Typically, a barrister will be able to offer a fixed fee for representation at Court.
• Tracing Agent and Process Server Fees: Sometimes, if someone who is involved in a Family Law matter cannot be located and their contact details are unknown, a tracing agent may need to be instructed. This is an organization which attempts to track down the missing individual. In addition, it may also be necessary to instruct a process server, which is an organization that serves the individual with legal documents, advising them of the legal proceedings. A process server will usually be instructed if there is an individual who is difficult to track down or who is not engaging with the proceedings. This is because the Court requires that reasonable efforts are taken to notify an individual of legal proceedings that involve them.

Things a Family Lawyer Can Do For You

• Handling Divorce Issues: Undergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court.
• Handling Estates and Wills: A will is a legal document through which people state how they would wish their property to be managed when they die. Family law attorneys are responsible for assisting people in drafting these documents. They also have what it takes to ensure that an estate is administered as stated by a deceased via the will.
• Handling Child Custody Agreements: When a couple separates, one of the most difficult issues to handle has to be what happens to the children. Couples need to agree on how to take care of the children they have had together in the new arrangement. Child custody is defined by an agreement in which both parents have to live with the terms therein. A competent family lawyer can help parents that are parting ways to draft such an agreement. A family law attorney can also help parents in amending child custody agreements if need be.
• Handling Prenuptial Agreements: A prenuptial agreement is a contract signed by a couple prior to a marriage or a civil union. Although the content of such a contract may vary from one case to another, its main aim is to spell out the provisions of spousal support and division of the property in the event of a breakup or a divorce. A family lawyer can assist a couple in drafting a prenuptial agreement and handling any matters that may arise from the contract according to the law.
• Represent Litigants in Court: Although family attorneys can help people to settle family disputes outside court, some of these matters still end up in the courts. In such a case, family lawyers are best suited to help litigants get justice. These attorneys handle such cases almost every other day, and therefore, they have the necessary legal knowledge and practical experience to help litigants to navigate the complex jungles of the family law and ensure that justice is served accordingly.

Free Initial Consultation with Lawyer

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Tuesday 20 December 2022

Divorce In Utah

What To Do When Your Divorce Has Turned Ugly — Divorce In Utah

To divorce in Utah, at least one spouse must live in a single county in the state of Utah for at least three months, with no breaks in that residency prior to filing for divorce. In Cases of Child Custody with a few exceptions, when child custody is a concern the child must normally reside in Utah with one parent, for at least six months prior to the divorce filing. In Utah, the divorce process begins when one spouse (the petitioner) or his or her lawyer uses the state’s Online Court Assistance Program (OCAP) to prepare the divorce petition, along with additional filing documents. The system is user-friendly, with instructions that are easy to follow. Utah’s court system warns against using documents obtained elsewhere, as they may not be acceptable. If you are confused about which documents are required or are unsure about any factors surrounding your divorce, then it is best to consult with a lawyer. Many lawyers offer free initial consultations, which can help you decide how best to proceed. After completing the required documents, the petitioners should hand-deliver or mail the documents to the county clerk’s office.

If you have retained an attorney, he or she will handle this step for you and will guide you in additional interactions with the court. After filing, the petitioner must serve the other spouse (called the respondent) with the summons, petition for divorce, and other associated documents within 120 days of filing. Respondents living in Utah have 21 days to sign the Acceptance of Service and give it to the petitioner or his or her representative to file with the court or file it with the court themselves. Respondents living outside Utah have 30 days to complete this process.
• The petitioner may use FedEx, UPS, or the U.S. Postal Service to serve the respondent; if this method is used, choose a registered mail option that requires the respondent to sign for the documents.
• The petitioner may have an uninvolved third party over the age of 18 serve the respondent and sign an Acceptance of Service.
• A constable, sheriff, private investigator, or private process server can hand-deliver the documents and sign an Acceptance of Service.

The petitioner must then file a Proof of Service form with the court. This document states when and how the respondent was served and is completed by the person who conducted the service. If you used a third party to serve the respondent, they may file the Proof of Service on your behalf. A copy of the completed Proof of Service form and a Certificate of Service form should be mailed to the respondent, or to his or her lawyer. The original Proof of Service and Certificate of Service forms are then filed with the court.

Grounds For Divorce In Utah

There are a number of grounds for divorce in Utah, which include:
• Impotency of the respondent at the time the marriage took place
• Adultery
• Willful desertion for more than one year
• Willful neglect to provide the common necessities of life
• Habitual drunkenness
• Felony conviction
• Cruel treatment resulting in mental distress or bodily injury
• Incurable insanity
• Prior to filing, the respondent must have been adjudged insane by appropriate authorities in Utah or another state
• Competent witnesses must testify to the respondent’s state of incurable insanity
• Irreconcilable differences
• When spouses have lived separately under a Decree of Separate Maintenance for three years without cohabitation, in any state.

When The Respondent Cannot Be Located

If the petitioner cannot locate the respondent to serve him or her, or if the petitioner believes that the respondent is attempting to avoid service, then he or she must demonstrate that they have used “reasonable diligence” in attempting to serve divorce papers when requesting that the court allow alternative service. The judge will determine how best to proceed in serving the respondent using a variety of alternative methods.

Financial Declarations In Utah Divorce

After the respondent files his or her response, both parties must prepare Financial Declarations disclosing all income, assets, expenses, and debts. Utah divorce laws require that the following documents be attached when applicable:
• Copies of financial statements backing up claims of income, assets, expenses, and debts outlined in the Financial Declaration document.
• Documents that verify real estate value including any refinance documents, tax valuation, and/or appraisal documents; additional documents concerning real estate may be required on a case-by-case basis.
• Two years worth of tax documents
• 12 months worth of pay stubs and/or other evidence of income of any kind
• Copies of any financial statements and/or loan applications that were either prepared by or used during the 12 months prior to the date of filing for divorce.
• 3 months worth of statements for all financial accounts and retirement accounts, including any that were closed within or after those 3 months including but not limited to:
 Checking
 Savings
 certificates of deposit
 money market funds
 brokerage
 investments

Additional Issues Surrounding Utah Divorce

The court will require documentation surrounding other issues on a case by case basis:
 Alimony
 Child support
 Child Custody and Parent Time – Parents may request a professional evaluation for child custody, or the judge may order a custody evaluation. The cost of the evaluation is typically split between the parents.
 Property Division
 Debt Division

If the parties are able to reach an agreement, the judge will sign the final divorce decree. If parties disagree, the divorce will go to trial. A pre-trial conference is required prior to trial scheduling; this is one more attempt to settle the divorce. If no settlement can be reached, then the conference will be used to determine which issues will be taken to trial. Trials can be complicated and expensive; additionally, they take time to come to completion based on details of the case as well as the court’s calendar. The judge will sign a final divorce decree only after all issues have been settled. In some cases, judgment may be set aside so that further litigation may take place.

How Long Does A Divorce Take In Utah?

In Utah, there is a divorce waiting period of 30 days between the date of filing and the date the judge signs the final divorce decree. Parties may request the court to waive the waiting period. Note that complicated divorces may take far longer than 30 days to complete.

How Much Will It Cost?

The cost of a divorce in Utah varies from one case to the next, with legal fees making up the bulk of the charges. The basic Utah divorce filing fee is $318. There are additional court fees for services, such as having papers served by a sheriff or constable, online court assistance, required classes for divorcing parents of children under 18, and the Utah divorce certificate itself. If you cannot afford to file your case, you may request a waiver by filing a Motion to Waive Fees and submitting documentation supporting a statement of financial difficulty. The statement of financial difficulty must include a detailed outline of your income and expenses, a description of property you own, and a breakdown of your credit and debts. A judge will review your request and determine whether to grant a waiver for some of the fees. There are certain Utah divorce fees which cannot be waived including:
 The costs of having an out-of-state sheriff, constable, or private process server serve the other party with divorce papers.
 Fees associated with serving the other party via mail.
 Fees associated with having a legal notice published in a newspaper.
 Fees for transcripts, copies, or postage.
 Witness fees associated with your case.
 Fees for having the county recorder record your divorce judgment at the conclusion of the case.

Special Divorce Laws In Utah

When parents of minor children divorce in Utah, they are required to attend mandatory divorce orientation classes and divorce education classes. Classes are also required in cases of temporary separation. While not mandatory, the state also offers a divorce education class for children, designed to help minor children understand divorce and work through common issues. When a Utah divorce is contested, mediation is mandatory. The mediation process is designed to help both parties work through their issues and come to an agreement. If either party feels unsafe with the mediation process or has another good cause to avoid mediation, he or she may ask the Alternative Dispute Resolution (ADR) officer to waive the mediation requirement.

Dating After Divorce

Dating is at the forefront of many divorcees’ minds. 78% of the women have already started thinking about dating by the time the divorce papers are signed. 40% of women feel confident about dating after divorce, 68% feel excited and hopeful. 59% of divorced women meet dates on online dating websites or apps.

How Do I File for Divorce in Utah?

If you’re thinking of filing for divorce or dissolution of marriage as it’s referred to in Utah you might not know where to begin. Fortunately, Utah has gone to great lengths to assist individuals who wish to handle their divorce. This article provides basic information about who to file for divorce in Utah, but if you have specific questions, you should speak to a family law attorney in your area.

Reasons for Divorce

Like a majority of states, Utah allows both no-fault and fault-based divorce. In a no-fault divorce, spouses don’t have to prove that the other’s misconduct caused the breakup of the marriage, so these types of case are generally faster and less expensive. Utah provides two kinds of no-fault grounds: “irreconcilable differences” and living apart for at least three years under a separate maintenance order issued by any state. If you and your spouse can’t agree on an amicable divorce, you can file for a fault divorce, where you have to show that your spouse engaged in some type of misconduct that caused the marriage to fail.

Residency Requirement

To obtain a divorce in Utah, you or your spouse must reside in one county continuously for at least three months.

Preparing Your Forms

To get your case started, you must file several forms, including a divorce complaint. Fortunately, the state provides residents with a free online form generation service, which is maintained by the Utah State Courts. The Online Court Assistance Program (OCAP) allows users to input all their information and answer a series of questions. After completing the program, the system automatically produces all the forms you need to file your case.
The standard forms include the following:
 Cover Sheet for Civil Actions
 Department of Health Form
 Verified Complaint for Divorce
 Summons, and
 Parenting Plan (if there are minor children.)

Filing Your Forms

Once you have all your forms in order, you must file the originals with the appropriate county court, meaning the county in which you live or the county where your spouse resides. Utah law allows the filing spouse, known as the “petitioner,” to file by mail; however, the state recommends using registered mail to guarantee receipt of delivery.

You can also hand-deliver your initial paperwork to the county clerk.

Serving Your Forms

In Utah, as in every other state, you must serve your spouse with a copy of all your divorce documents. “Service of process” enables the other party to respond to the divorce complaint or file a counterclaim. Under Utah law, you have 120 days from the date you file your divorce complaint to serve copies on your spouse. Utah permits various forms of service, including hiring a private process server, handing over the documents yourself in person, and sheriff’s service.

Financial Disclosures

Like many states, Utah requires the parties to exchange financial information, including a list of all assets and debts. Under state law, both spouses must file a Financial Declaration. Each spouse must file disclosures after the respondent submits an answer to the original divorce petition.

File for Divorce

As you begin the process of filing for divorce, be aware that Utah allows for divorce based both on fault and no-fault grounds. You should also know that Utah’s courts impose a residency requirement on divorce proceedings; this means that either you or your spouse must have lived in the state for a minimum of three months prior to the filing date. When custody of minor children will be an issue in the divorce proceedings, your children generally must have resided in Utah for a minimum of six months before you can file.

Prepare Your Divorce Documents

If you are using a lawyer, your attorney will prepare your documents for you. If not, you may use the state’s Online Court Assistance Program (OCAP) to prepare the divorce petition and related documents; there is a $20 fee for using this service. Completed forms must be notarized by a notary public before they can be filed.

File Your Divorce Documents

Your divorce case is only open once you’ve filed all forms in the office of the court clerk in your home county and paid the filing fee of $310.

Serve Your Spouse

After filing your divorce petition, you have 120 days to serve this petition, a summons and any other filed documents to your spouse. Service can be completed via certified mail or by the sheriff’s department or a private company. Proof of service is required to have the court act on your divorce petition.

Wait for Your Spouse’s Answer

After being served, your spouse will have 21 days–or 30 days if they are out of state–to respond. If they do respond, both parties will have to submit a Financial Declaration form to each other outlining all relevant financial items. If your spouse does not respond, you can request that the court issue a default judgment which will grant you everything you requested in your petition. If your spouse agrees with all issues as presented in your divorce petition, they can file a stipulation instead of a response. At this point, the OCAP Divorce Stipulation questions can be used to prepare the necessary documents and proceed to a final divorce decree.

Complete Required Divorce Education Classes and Mediation

After your spouse has been given a chance to respond to your divorce petition, several steps must be taken before a trial will be scheduled. Many Utah divorce issues are resolved during this stage in the process, eliminating the need for a trial in front of a judge.

Complete a 90-Day Waiting Period

Utah law stipulates that judges must wait 90 days after the date that the divorce petition was initially filed to sign the final divorce order. This is true even if both spouses agree on all issues.

Take Part in Mandatory Mediation for Any Contested Issues

If your spouse responds to your divorce filing, Utah statute requires that both parties take part in a mediation session before a divorce will be granted. The parties are jointly responsible for locating and paying for a mediator.

Ask for Temporary Order if Necessary

Sometimes there are issues that must be addressed before the divorce order is final, such as who can use the marital home or who has custody of any minor children during the pending divorce. In these cases, either party can request that the judge issue a temporary order on the matter that will be effective through the final divorce decree.

Complete Name Restoration

If you had your name changed upon getting married, you can return to your pre-marriage legal name at this stage in the divorce process. To do so, simply include a statement along with your divorce petition to indicate the name change.

Go to Trial (If Necessary)

If you and your spouse are unable to reach an agreement about any issues in your divorce decree, the next step in the Utah divorce process is going to trial.

Seek a Child Custody Evaluation

If you disagree with your spouse regarding child custody or child support issues, you can request that a professional evaluator conduct a custody evaluation. During this evaluation, the evaluator will observe both parties and the children; the evaluator will then submit a report to the court on all factors that pertain to the child’s best interests.

Appear at Pre-Trial Conferences

You will be required to attend a conference prior to your trial being scheduled to make a final attempt to settle the case. If this fails, the trial date will be set and the list of issues to be addressed at trial will be determined.

Attend Your Trial

If you have hired a divorce lawyer, they can help you prepare for the trial, including assembling any documents and necessary evidence to be presented to the court. Arrive at the courtroom early on the day of your trial, dressed professionally and with any witnesses that you intend to call upon. Remember to treat the judge respectfully and never interrupt your spouse when they are testifying.

Consult an Attorney

You aren’t required to use an attorney in order to file for divorce in Utah. However, the legal issues surrounding divorce are often complicated, and you may face obstacles representing yourself if there are any complex matters such as child custody or division of significant assets. A qualified divorce attorney can help you navigate the process and help safeguard against critical mistakes.

Free Initial Consultation with Lawyer

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

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