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Salt Lake City Personal Injury Law Blog

Discussing divorce with children may require preparation

When giving advice on divorce, many sources discuss the importance of the parties making individual preparations before announcing their intentions in order to make sure they receive everything to which they are entitled in the settlement. However, for Utah couples who have children, a more coordinated effort may be needed before announcing the divorce. Presenting a united front can help the children feel more comfortable with the changes that are undoubtedly going to take place.

Anticipating the questions that the children will ask might prompt the parents to have discussions regarding the answers to them. Most children wonder where they are going to live and whether they will have access to both parents. Most Utah parents want to do their best to keep the children's lives as normal as possible. Making that happen can take a great deal of planning.

Study says Utah ranks 7th for strict DUI laws

A recent study evaluated the DUI laws in all 50 states and Washington, D.C., with number one being the most strict and number 51 being the most lenient. Factors such as jail time, fines and the length of time that a prior DUI will effect a driver's penalties should he or she face a subsequent charge were examined in order to determine the order. Utah's DUI laws came in at number seven based on the criteria used for the study.

In Utah, an individual convicted of driving under the influence for the first time is required to spend at least two days in jail and pay fines and fees. After the first conviction, the penalties increase drastically. If a driver is arrested for DUI a third time within 10 years of a first offense, the charge is automatically upgraded to a felony, which would also increase the potential jail time, fines and fees.

Valuing your business in a Utah divorce

Many Utah residents own businesses during their marriages. After spending a significant amount of time growing your business, the last thing you want to do is "give it away" in a divorce. Obtaining an objective and realistic valuation of the business is crucial in ensuring that the business remains intact and profitable for you after a divorce.

Your soon-to-be ex-spouse may be entitled to a portion of the business even if he or she was not actively involved in the business during the marriage. Determining what that non-marital contribution is requires a thorough evaluation of the company's growth during the time you were married. The longer the marriage and business have co-existed, the greater the potential award may be. 

Chris Rock's divorce apparently comes down to money

When Chris Rock filed divorce papers in Dec. 2014, he made it clear that he wanted to share custody of his two children with his soon-to-be ex-wife. Utah readers may not yet be aware that, since that time, the pair agreed to a joint custody arrangement. It may not be as easy for the couple to come to an agreement about money, however, as the divorce progresses.

Rock's estranged wife intends to fight for a significant portion of Rock's fortune. Currently, that fortune is estimated at $70 million. She claims she is entitled to a portion of Rock's money in order to maintain the standard of living to which she became accustomed during the marriage. In support of this contention, she points out that she gave up a public relations career in order to stay home and raise the couple's children.

Boaters can be charged with DUI on Utah's lakes

The days are getting warmer and longer, and many people have been looking forward to getting out on the state's lakes. The summer boating season began on Memorial Day weekend, and officials have begun patrolling the lakes. Safety violations, such as failure to wear life jackets, are a priority. Driving under the influence is also a major concern. Boaters can be charged with DUI on a lake just as motorists can be in their cars on Utah roadways.

Officers who were patrolling Utah Lake over the holiday weekend reminded boaters that driving a boat drunk is just as dangerous as being drunk behind the wheel of a car. Reaction times are diminished, which can lead to an accident. A day of fun out on the boat can quickly become a nightmare in a drunk boating accident.

New child custody law passes in Utah

Keeping in line with traditional thinking and, what some would say, are outdated laws, courts have predominantly awarded custody of a couple's children to one parent -- the mother in the majority of cases. However, a significant amount of research done in recent years shows that children tend to do better when the parents share custody. This belief is behind a new child custody law that was recently passed in Utah that encourages the courts to award shared custody to divorcing or separating parents.

Of course, if awarding sole custody to one parent is in the best interests of the children, a Utah court can still do so. However, there is now an option to divide parenting time more evenly. The recommended schedule would give the non-custodial parent at least 145 overnights. Holidays would also be divided, and the non-custodial parent would be able to make specific elections.

Utah man sentenced in DUI-related crash that killed 3

Driving under the influence of alcohol can result in an individual making bad choices. When the alcohol is coupled with drugs, a driver's capacity to think clearly is even further degraded. A Utah man arguably made the wrong choices on the day that he caused a DUI-related crash that killed three people -- his girlfriend and two of his younger relatives.

The ordeal began when a police officer attempted to initiate a traffic stop on May 17, 2014. The vehicle involved was being driven by the now 24-year-old man and was traveling at a reported 60 mph despite the fact that the posted speed limit was only 35. The driver failed to pull over and instead fled the scene.

Facebook is being blamed for numerous divorce filings

Most Utah residents would agree that Facebook brings people together in a way that nothing else can. On the other hand, data indicates that it is also separating people as well. The number of divorce filings blamed on Facebook and other popular social media sites is currently one out of seven and could increase. 

Some spouses are complaining of their partners rekindling old relationships online. Others are discovering evidence of infidelity through Facebook posts and photographs. In some cases, a person becomes so obsessed with the social media site that they spend more time online than with their families.

Police suspect driving under the influence of alcohol in crash

Sometime after 7:21 p.m., police were called to the scene of an accident. When they arrived, it was discovered that a minivan and a passenger car were involved in a head-on collision. The Utah driver of the car is suspected of driving under the influence of alcohol.

According to a witness who had just come out of the business the accident occurred in front of, the driver of the passenger car was responsible for the crash. In his statement, he says the minivan was sitting in the center turn lane, facing southbound and waiting to make a left turn. The car came from the opposite direction in the left lane and suddenly veered into the turn lane.

An amicable divorce can turn contentious over child custody

Like other couples around the country, many Utah residents sign prenuptial agreements in order to set the stage for an amicable divorce should one occur in the future. Prenups are often effective at dividing up a couple's property, but, when it comes to child custody matters, the parties' hopes for friendly ends to their marriages could be dashed. This appears to be the case for actress Hilary Duff and her soon-to-be ex-husband, Mike Comrie, who reports indicate are unable to agree on a custody arrangement for their 3-year-old son.

When Duff filed for divorce, she asked the court for primary physical custody with visitation rights for Comrie. She feels that his social life, which Duff says is filled with partying, makes him an unfit father. She does not believe that he should be involved in the day-to-day raising of their son. Comrie, however, disagrees. In his response to her court filings, he requested joint custody.

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