Oakley Family Law Lawyer, Utah

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Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

Kimberly J. Trupiano

Family Law, Civil Rights, Immigration, DUI-DWI
Status:  In Good Standing           

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Daniel W. McKay

Construction, Wills & Probate, Family Law, Banking & Finance
Status:  In Good Standing           

Caleb O. Lyman

Corporate, Business Organization, Estate Planning, Family Law
Status:  In Good Standing           

David J. Hunter

Adoption, Farms, Divorce, Family Law
Status:  In Good Standing           

Adam C. Brown

Bankruptcy, Estate Planning, Family Law, Litigation
Status:  In Good Standing           

Kelly Dewsnup

Corporate, Employment, Family Law
Status:  In Good Standing           

Thomas L Howard

Estate Planning, Family Law, Divorce & Family Law, Civil Rights, Non-profit
Status:  In Good Standing           

Patricia Catherine Kuendig

Family Law, Criminal, Civil & Human Rights, Accident & Injury
Status:  In Good Standing           Licensed:  19 Years

Laja K M Thompson

Wills, Family Law, Divorce & Family Law
Status:  In Good Standing           Licensed:  27 Years

Janell R. Bryan

Immigration, Family Law, DUI-DWI, Criminal, Collection
Status:  In Good Standing           Licensed:  17 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN

The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremedia... (more...)
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremediable breakdown is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into whether the marriage has actually broken down, and routinely grant a divorce as long as the party seeking the divorce says the marriage has fallen apart. Compare incompatibility; irreconcilable differences.

MISREPRESENTATION

A lie by one spouse before marriage that provides grounds for an annulment. For example, if a spouse failed to mention that he was still married or was incapabl... (more...)
A lie by one spouse before marriage that provides grounds for an annulment. For example, if a spouse failed to mention that he was still married or was incapable of having children, he has misrepresented himself.

GIFT TAXES

Federal taxes assessed on any gift, or combination of gifts, from one person to another that exceeds $12,000 in one year. Several kinds of gifts are exempt form... (more...)
Federal taxes assessed on any gift, or combination of gifts, from one person to another that exceeds $12,000 in one year. Several kinds of gifts are exempt form this tax: gifts to tax-exempt charities, gifts to your spouse (limited to $120,000 annually if the recipient isn't a U.S. citizen) and gifts made for tuition or medical bills. In addition to the annual gift tax exclusion, there is a $1 million cumulative tax exemption for gifts. In other words, you can give away a total of $1 million during your lifetime -- over and above the gifts you give using the annual exclusion -- without paying gift taxes.

GUARDIANSHIP

A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty... (more...)
A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty to care for the ward. This may involve making personal decisions on his or her behalf, managing property or both. Guardianships of incapacitated adults are more typically called conservatorships .

RESTRAINING ORDER

An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a child from the state... (more...)
An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a child from the state. Restraining orders are typically issued in cases in which spousal abuse or stalking is feared -- or has occurred -- in an attempt to ensure the victim's safety. Restraining orders are also commonly issued to cool down ugly disputes between neighbors.

MINOR

In most states, any person under 18 years of age. All minors must be under the care of a competent adult (parent or guardian) unless they are 'emancipated'--in ... (more...)
In most states, any person under 18 years of age. All minors must be under the care of a competent adult (parent or guardian) unless they are 'emancipated'--in the military, married or living independently with court permission. Property left to a minor must be handled by an adult until the minor becomes an adult under the laws of the state where he or she lives.

ATTRACTIVE NUISANCE

Something on a piece of property that attracts children but also endangers their safety. For example, unfenced swimming pools, open pits, farm equipment and aba... (more...)
Something on a piece of property that attracts children but also endangers their safety. For example, unfenced swimming pools, open pits, farm equipment and abandoned refrigerators have all qualified as attractive nuisances.

EQUITABLE DISTRIBUTION

A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equit... (more...)
A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equitable means equal, but in practice it often means that the higher wage earner gets two-thirds to the lower wage earner's one-third. If a spouse obtains a fault divorce, the 'guilty' spouse may receive less than his equitable share upon divorce.

SEPARATION

A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though... (more...)
A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though they may continue their relationship. A legal separation results when the parties separate and a court rules on the division of property, such as alimony or child support -- but does not grant a divorce.

SAMPLE LEGAL CASES

Tangren Family Trust v. Tangren

... Under the terms of the Lease, Richard, as trustee of the Tangren Family Trust, agreed to lease the property to Rodney for ninety-nine years at $275 ... is integrated is a question of fact reviewed for clear error, [8] and whether a contract is ambiguous is a question of law reviewed for ...

Arbogast Family Trust v. River Crossings

... in the trial court, it has not appeared and is not entitled to service under rule 5 of the Utah Rules of Civil Procedure." Arbogast Family Trust v. River Crossings, LLC, 2008 UT App 277, ¶ 16, 191 P.3d 39. ¶ 24 Although we identify a trend in our own case law toward requiring ...

Pearson v. Pearson

... Where the legislature has expressed public policy, particularly in the family law area, I believe that we should look first to that statutory policy, rather than relying on old common law precedent that predates the statutes, notwithstanding the parties' failure in this instance to frame ...