When both sides in a case win…who is the “prevailing party”?
In Utah, as in most states, we follow the “American rule” regarding attorney fees – the party incurring the fees bears the cost of their own legal counsel. There are exceptions to this general rule when a statute or contract provides that attorney fees may be shifted from one party to the other. In disputes…Read More
Will Utah Law Allow me to Pursue a Request to Modify a Custody Order?
Sometimes, after parties receive a final Decree of divorce (or parentage), one or perhaps both parties later wish to amend the Decree based on a change in circumstances with the parties or their children. At Daniel W. McKay & Associates, we assist our clients with this type of proceeding regularly. A party may receive…Read More
Who Has Authority to Sign Documents on Behalf of a Utah LLC?
In the state of Utah, typically the only person or entity who has authority to sign agreements or other documents on behalf of an LLC is the LLC’s manager(s). Utah law indicates that “[i]n a manager-managed limited liability company . . . , any matter relating to the activities and affairs of the limited liability…Read More
Is My Spouse Allowed to Withdraw Funds from our Joint Bank Account During our Utah Divorce?
At the onset of a married couple’s separation in Utah, the parties might feel like there are more questions than answers when it comes to the temporary status of the parties’ funds, assets, and properties, prior to a final decree of divorce being signed by a judge. Those questions often include: Am I allowed to…Read More
Attorney Fees Are Terrible! Why Do I Have to Pay For Someone Else’s Bad Behavior?
The general rule in our American system of justice is that each party to a lawsuit bears the costs of their own attorney fees. However, in certain circumstances, Utah courts have the ability to shift that burden to the other party. Generally, those examples include situations where attorney fee recovery is provided for by statute…Read More
If I’m Retired, Am I More Likely to Receive Alimony?
As you might have read about in some of our previous blogs, alimony – also known as spousal support – is sometimes awarded to a party in a divorce proceeding. An alimony award may be impacted by the court’s consideration of whether to “impute” income to the spouse seeking alimony. Imputing income is when a…Read More