A Divorce and Family Law battle can be a difficult and trying time. Furthermore, many issues in Divorce and Family Law have mandatory rules and procedures that must be followed to comply with the law. Although you may want to try to do it on your own, there are times when it is better to have an attorney to guide you through these complex legal processes. The attorneys and staff at Mountain View Law Group understand that the issues involved in these types of cases are very important to our clients. That is why we have a team of experienced and specially trained attorneys and staff that work with each client to ensure that their needs are being met and their rights protected.
Child Support
When you and the other parent of your child were never married, custody can be established by filing a Petition for Paternity. (Note: Even if a paternity test has been conducted, you must still establish legal paternity.) In a Petition for Paternity, all issues relating to the minor child are addressed such as physical and legal custody, parent-time, child support, payment of medical and child care expenses, insurance coverage and tax exemptions.
Child Custody and Visitation
A contested divorce is when you and your spouse are unable to reach a full agreement on all of the divorce related issues, such as child custody, parent-time, division of personal property, division of land and homes (commonly referred to as “real property”), allocation of marital debt, retirement and alimony. In such a circumstance where issues are in dispute, it is highly probable that these issues must go before the Court and you and your spouse must attend mediation to see if settlement can be reached. In most cases, our office is able to help our clients reach the result they need without a potentially expensive and time consuming trial.
Adoption
If you have tried to resolve issues in your divorce or custody battle by yourself but are getting nowhere, you recognize that the issues are too complex to handle on your own, or, if you and the other party have reached a mutual agreement to settle your case and need someone to help with the complex paperwork, we can help. Our Ogden Utah attorneys and staff are specially trained to assist you in matters such as contested and uncontested divorce, divorce modifications, child custody/paternity, parent-time disputes and child support issues. We also have attorneys that represent clients in adoptions and guardianships of adults and minor children.
Paternity
As with divorce proceedings, paternity proceedings can be either contested or uncontested. If contested, the parties must attend court hearings, mediation and possibly a trial to resolve the case. However, if the parties agree on custody, parent-time, child support, payment of medical and child care expenses, insurance coverage and tax exemptions, the parties should be able to proceed on an uncontested basis. If uncontested, the process will be faster, more cost effective and the parties are more likely to be happy, as they have drafted their own terms and agreements. As with all Family Law matters, there are mandatory rules and procedures that must be followed to comply with the law.
Guardianship
Spousal Support
Alimony is not awarded in all cases and the Court is not required to award alimony in a divorce case. Whether or not alimony will be awarded, and the amount of alimony that might be awarded, is determined based upon the individual facts of each case. When determining if alimony is appropriate and the amount that should be paid, the Court will consider a number of factors. If the parties cannot agree upon whether alimony is appropriate and, if so, upon an alimony amount, the Court will make the determination. The point of alimony is to attempt to equalize the standard of living for each party and so the Court must take into consideration various things such as: the length of the marriage; the respective incomes of both parties; each party’s monthly expenses; the payor spouse’s ability to pay alimony; and the lifestyle that each of the parties were accustomed to during the course of marriage. Alimony may be ordered paid for the same length of time as the parties’ marriage, unless the party receiving alimony remarries, cohabitates in an intimate relationship or either party passes away.
Mountain View Law Group Ogden attorneys have a reputation in Utah as experienced wrongful death and serious personal injury experts. Our tradition of excellence and dedication to our clients has earned a reputation of excellence.
Workers’ compensation is a no-fault insurance system established by the Utah Legislature in 1917. This system is intended to pay medical expenses and to help offset lost wages for employees with work-related injuries or illnesses. The rules and procedures involved in workers’ compensation coverage and benefits are complex and must be strictly followed to prevent interruption of or total denial of workers’ compensation benefits. For most injured workers, it is beneficial to hire an experienced workers’ compensation attorney if their workers compensation claim has been denied or if benefits were being paid but have been terminated.
Real Estate Law is a branch of civil law that covers a wide variety of issues. It governs your right to possess, use and enjoy land and any structures on it. Real estate law affects most of us, either directly or indirectly, on a daily basis whether you are a homeowner, tenant, landlord, home buyer or seller, or contractor. If you have questions regarding Real Estate Law issues, call Mountain View Law Group at 801-393-5555 to schedule a free consultation with one of our experienced Ogden Utah attorneys.
Premises Liability
Construction Litigation
A construction defect is any issue with your home caused by improper construction technics or by use of improper or substandard materials by the contractor in building your home. Some construction defects are obvious, such as foundation cracks or a leaking roof, but many such defects are less obvious and may not show up for years. Common construction defects include: mold, plumbing issues, electrical system failures, soil and drainage issues, foundation cracks, leaky roofs, or structural failures. If the contractor is not willing to remedy the construction defect, you can ask a judge to order the contractor to make the repairs or to pay you enough money for you to hire another contractor to make the repairs.
Real Estate Transactions
REPC stands for Real Estate Purchase Contract, and it is the standardized contract used in Utah to describe the terms and agreement between a buyer and seller of real estate. The sale or transfer of real estate is almost always required to be in writing, and the agreement is controlled by contract laws. Buyers and sellers are not required to use the REPC as the written contract for the sale of real estate, but the REPC is typically used because it contains all of the terms generally necessary or desirable in a real estate contract. Or, in other words, buyers and sellers generally use a REPC because it is thorough and is easier than creating a new contract that would likely contain all of the same terms as a REPC anyway.
Easement
Property Damage
If your tenant has stopped paying rent, you cannot simply lock them out. You have to follow the legal process, or you will find yourself in trouble. In Utah, you first need to post a Notice to Quit. This is a notice that tells the tenant that they are behind on rent and gives the tenant a deadline by which to either pay rent or vacate the property.
We specialize in helping those who have suffered serious personal injuries due to the fault of another. When you or a loved one is affected by a serious personal injury, it can have a great impact on your ability to earn a living or enjoy life. When injuries occur due to the negligence of others, then you may be due compensation.
Medical Malpractice
Auto Accidents
Social Security Disability
SS Benefits awarded: a 40 year old woman with spinal fluid leaks and neuropathy was found disabled by an Administrative Law Judge. She received back pay and ongoing Social Security Disability benefits.
For clients involved in such a dispute, the objective is to help the client right a wrong, honor an agreement, or to obtain compensation due for services. Also, when defending an action within a probate, trust or estate administration case, we help clients to aggressively protect their rights or the rights of the beneficiaries or heirs.
Wills
It is not uncommon for individuals or businesses to find themselves involved in a legal dispute within a probate, trust administration, and/or estate administration matter. Disputes of this nature, such as Will Contests, Trust Contests, disputes as to inheritance, creditor claim issues, and/or disputes regarding spousal rights typically entail a filing in the District Court and/or the help of mediators for adjudication.
Trusts
After the recent sudden death of a close relative, I decided to have a will written up so that my affairs would be in order for my family in the event of my own sudden passing. Mr. Larreau went over all of the options with me, explaing the differences and significance of trusts and wills. He established a Family Trust for me. The whole process was very straightforward and Mr. Larreau took the time to address all of my concerns and questions. Now I have peace of mind from the knowledge that if something happens to me, the people I care about will be taken care of. If I have a legal question in future, I will be returning to see Mr. Larreau. – John H.
Power of Attorney
Have you thought about your future when you’re older? Many adults, especially those with adult children will begin planning their estate. For most, this process will include assigning a power of attorney. In Utah, there are two types of POAs.
Probate
Addison provides services in the areas of Estate Planning and Probate Law. Because of his business background, Addison acts as Mountain View Law Group's Managing Attorney.
The criteria for qualifying for bankruptcy, including college debts, is complicated because it is not defined universally in bankruptcy law. The general rule is borrowers must prove they have “undue hardships.” But, not all jurisdictions have the same standards when it comes to “undue hardships.” Courts will apply tests to bankruptcy filers to determine if their situation qualifies for student loan inclusion. Not all states define “undue hardships” the same way. But, most states will loosely require debtors to have all or any of the following...
Foreclosure
Are creditors harassing you? Are your wages being garnished? Are you facing foreclosure? The current economy is affecting many hard-working people, and causing financial hardships for many. Bankruptcy may be able to get you out of such tough financial situations. Talk to a Mountain View Law Group Ogden Bankruptcy Lawyer today to see if Bankruptcy is right for you.