Scalley Reading Bates Hansen & Rasmussen, P.C. Scalley Reading Bates Hansen & Rasmussen, P.C.2026-06-12T20:34:37Zhttps://www.scalleyreading.com/feed/atom/WordPress/wp-content/uploads/sites/1404954/2020/04/cropped-favicon-32x32.pngOn Behalf of Scalley Reading Bates Hansen & Rasmussen, P.C.<![CDATA[How do I choose the right business entity in Utah? A guide for business owners]]>https://www.scalleyreading.com/?p=485832026-01-15T20:51:25Z2026-01-15T20:51:25ZEntrepreneurs who are looking to start a new business must make a number of important decisions. One of the most important involves entity selection. This decision impacts taxes, liability, and even the ability to raise capital. Here are some key considerations to help business owners in this situation to make an informed choice.
Sole proprietorship: The simplest form, owned by one person, but offers no liability protection.
Partnership: This option involves two or more people, with shared profits and liabilities.
Limited Liability Company (LLC): One of the key benefits with this option is the fact that it offers liability protection.
Corporation: This entity provides strong liability protection but involves more regulations and potential double taxation.
S Corporation: Similar to a corporation but allows profits to pass through to personal tax returns, avoiding double taxation.
Each entity type has its own advantages and disadvantages. Understanding these can help you align your choice with your business goals.
Consider your business goals and needs
When selecting a business entity, consider the following factors:
Liability protection: If protecting personal assets is a priority, consider an LLC or corporation.
Tax implications: Different entities have different tax obligations. Consult a tax professional to understand the implications.
Investment needs: Corporations are often better suited for businesses seeking significant outside investment.
Management structure: Consider how much control you want over business decisions.
These considerations will help you determine which entity aligns best with your business objectives.
Watch for red flags
Certain red flags may indicate that a particular business entity is not suitable for your plans:
Complexity and cost: If the entity is too complex or costly to maintain, it may not be the right choice.
Inflexible structure: If the entity does not allow for the management or operational flexibility you need, consider alternatives.
Tax burden: If the tax obligations are too burdensome, it may hinder your business growth.
Recent estimates indicate that only half of start-ups in Utah survive the first five years. Avoiding these red flags can help to better ensure your business falls in the half that makes it past the first five years of operation.By understanding the different types of entities, considering your business goals, and being aware of potential red flags, you can make an informed decision that supports your long-term objectives. Always consult with legal and financial professionals to ensure your choice aligns with both your personal and business needs.]]>On Behalf of Scalley Reading Bates Hansen & Rasmussen, P.C.<![CDATA[The difference between divorce and annulment in Utah]]>https://www.scalleyreading.com/?p=485842025-11-10T07:10:23Z2025-11-10T07:10:23ZAre you considering ending your marriage in Utah? If so, then you’re facing an important choice. Divorce and annulment may seem similar at first but they work very differently under Utah law.
Before you move forward with any paperwork, first you must clarify your intention. Do you just want your marriage to be over or do you want your marriage to have not existed at all? Understanding this crucial difference can help you make the right decision for your unique situation.
What is a divorce?
A divorce is a legal process that ends a valid marriage. When you get a divorce in Utah, the court recognizes the validity of your marriage before terminating it. Aside from the validity of your marriage, divorce also acknowledges that you have marital properties that you need to divide. Matters of child custody, child support and spousal support may also be discussed during divorce proceedings. Since Utah is a no-fault divorce state, you don’t need to prove fault to file for it. You simply need to show that you and your partner have irreconcilable differences and that would be enough to move forward in ending your marriage.
What is an annulment?
On the other hand, an annulment never acknowledges the validity of your marriage. Thus, it is a legal process that voids your marriage from the start rendering it non-existent. Unlike in Utah divorce proceedings, you must prove that your marriage has a serious flaw from the beginning in order to nullify it. Some common grounds for annulment include:
Bigamy
Incest
Absence of Legal Consent
Lack of Mental capacity
Fraud
Coercion
Additionally, an annulment doesn’t always recognize your marital properties. Hence, property division or spousal maintenance may not always be addressed. However, Utah courts can still order child support and custody arrangements if applicable to your case.
Which option is right for you?
In the U.S., most people pursue divorce rather than annulment. You have more flexibility in divorce since you don’t need to prove specific grounds for it. However, if you think that you have strong legal grounds then pursuing an annulment might be better in wiping your slate clean. If you’re ready to take the next step in ending your marriage, it is in your best interest to get specific advice on your marital situation. A trusted counsel can help you review your options and guide you towards the best choice for your specific situation.]]>On Behalf of Scalley Reading Bates Hansen & Rasmussen, P.C.<![CDATA[Child support myth vs. fact: Can I withhold parent-time?]]>https://www.scalleyreading.com/?p=485852025-11-08T06:49:00Z2025-11-08T06:49:00ZMany people in Salt Lake City incorrectly believe that child support and parent-time are two interchangeable parts of one agreement. The logic often goes: "If I am not receiving the financial support required by the court, I do not have to allow the parent to see the child."
This belief leads many to take actions that ultimately violate the court’s official custody order, potentially exposing them to legal repercussions.
The fact: The issues are legally separate
Child support and parenting time are separate and independent legal obligations. A court-ordered decree of divorce or custody order establishes two distinct duties in Utah. The duty to pay support, which is designed to meet the child’s financial needs, and the duty to permit parent-time, which is based on the child's right to maintain a relationship with both parents. The law requires compliance with both.In the eyes of Utah courts, one parent's failure to meet a financial obligation does not justify the other parent's failure to meet a custody obligation. The law explicitly prohibits withholding parent-time or child support due to the other parent’s non-compliance. Withholding time forces the child to suffer for a dispute between the adults, which is a major factor judges consider.
Why self-help measures can backfire
Attempting to enforce child support by denying visitation is a form of "self-help" that can significantly backfire. A parent who wrongfully withholds parent-time may face a motion for contempt of court.The failure to follow the court order can lead to several penalties:
The court must order a minimum of 10 hours of compensatory service and mandatory education to the parent who wrongfully denied time.
The judge can require the non-compliant parent to pay the other party's attorney fees and court costs.
In serious situations, particularly where the denial is willful and repeated, this non-compliant behavior can be viewed as evidence that the current arrangement is not working. Such a finding could justify the court in reviewing and potentially modifying the custody arrangement if the change is determined to be in the child's best interest.
Successfully navigating a family law matter depends on understanding which legal enforcement tools are available and effective. If you are struggling to enforce a support order, an attorney can guide you through the proper court procedures.
]]>On Behalf of Scalley Reading Bates Hansen & Rasmussen, P.C.<![CDATA[What happens if you’re injured in a rideshare accident in Utah?]]>https://www.scalleyreading.com/?p=481842025-10-13T07:33:11Z2025-10-16T07:32:37ZRideshare services make getting around easier, but accidents still happen. If you get hurt while riding in a rideshare vehicle, you need to know who pays for your injuries and how insurance coverage works. Understanding your options helps you protect your rights after a crash.
Determining who is responsible
Liability depends on who caused the crash. If another driver hits your rideshare vehicle, that driver’s insurance covers your damages. If your driver causes the accident, the rideshare company’s insurance applies. In Utah, rideshare drivers work as independent contractors, so the company’s coverage applies only when the driver logs into the app or carries a passenger.
Understanding rideshare insurance coverage
Rideshare companies carry insurance that changes depending on the driver’s status. When the driver turns the app off, their personal insurance covers any accident. When the driver waits for a ride request, limited liability coverage from the rideshare company kicks in. Once a ride starts, the company provides up to $1 million in liability coverage, which pays for medical bills, lost wages, and other damages if you get injured.
Taking steps after the accident
After an accident, make sure everyone stays safe and call the police. Get medical attention even if you feel fine, as some injuries show up later. Gather information about the driver, their app status, and their insurance details. Keep records of all expenses and communications about the crash. Reporting the accident through the rideshare app also creates a record that supports your personal injury claim.
Getting fair compensation
Rideshare insurance claims can get complicated. Multiple insurers may get involved, and each may try to shift responsibility. Knowing who caused the crash and which policy applies helps you recover what you deserve.]]>On Behalf of Scalley Reading Bates Hansen & Rasmussen, P.C.<![CDATA[How to document your injuries after an accident]]>https://www.scalleyreading.com/?p=481692025-10-10T06:54:54Z2025-10-15T06:54:25ZSeek immediate medical attention
Visit a doctor right away, even if your injuries seem minor. Some problems or injury symptoms might not show up right away, which can make the injury worse.
Tell your doctor exactly how the accident happened and describe all your symptoms. Most importantly, request copies of all medical reports, test results and treatment plans. These medical records form the foundation of your injury documentation.
Take detailed photographs
Pictures provide powerful evidence of your injuries. As soon as you can safely do it, photograph all visible injuries from multiple angles with good lighting. If you can’t do it yourself, ask someone else to do it for you.
Take photos every few days to show healing progression or complications. Include images of casts, braces, bandages or medical devices you must use.
Remember to take pictures of the accident scene and property damage, if possible. Additionally, date-stamped photos create a visual timeline that supports your claim.
Keep a daily pain journal
Start a journal to track how your injuries affect your daily life. Here, you can record your pain levels on a scale of one to 10 each day. Other details to include are:
Activities you cannot perform due to injuries
Medication usage and effectiveness
Sleep disruptions or difficulties
Emotional impacts like anxiety or depression
Missed work days or family events
This detailed record shows the real-life impact of your injuries.
Save all receipts and documents
Keep receipts for medications, medical equipment and travel expenses to appointments. Additionally, save all correspondence from insurance companies, medical providers and your employer. It also helps to include records of lost wages with pay stubs or letters from your workplace.
Documentation is key to successful injury claims
Thorough documentation dramatically strengthens your personal injury case. Insurance companies need clear proof to decide how much money you deserve. When you document everything well, you show exactly how the accident affected your daily life.
The evidence you gather helps your attorney build a stronger case for fair compensation. It’s also good to ask your doctor and lawyer if there's anything else you should record about your specific injuries. Sometimes, the small details you might think don't matter can end up helping your case.]]>On Behalf of Scalley Reading Bates Hansen & Rasmussen, P.C.<![CDATA[How does Utah law treat injuries on public property?]]>https://www.scalleyreading.com/?p=481792025-10-03T09:37:01Z2025-10-08T16:47:53ZAccidents can happen anywhere, including sidewalks, parks, or government buildings. If you get hurt on public property in Utah, you may wonder if you can recover damages. Utah law allows claims in some situations, but you must follow strict rules and limits.
Government immunity and exceptions
Utah’s Governmental Immunity Act (GIA) shields government entities and their employees from most lawsuits. However, the law creates exceptions. You can bring a claim if a defective, unsafe, or dangerous condition of a road, sidewalk, building, or other public improvement causes your injury. The law does not cover every situation. For example, natural conditions on public land often remain immune from liability.
Notice requirements and time limits
You must file a notice of claim before you can sue a government agency. Utah law gives you one year from the date of injury to submit this notice. The notice must include facts about how the injury happened, the damages you claim, and the name of any government employee involved. After you file the notice, you must start your lawsuit within two years of the injury date.
Proving negligence on public property
To win an injury claim against a government entity, you must prove negligence. You need to show that the government knew about a dangerous condition and failed to correct it within a reasonable time. For example, if a broken sidewalk sat unrepaired for months and caused your fall, you may have a valid claim. Even when you prove negligence, Utah law limits damages and bars punitive damages against government entities.Injuries on public property in Utah follow different rules than those on private property. You must act quickly, file the proper notice, and prove your case falls under an exception to immunity. Understanding the Governmental Immunity Act helps you protect your rights and know what compensation you may pursue.]]>On Behalf of Scalley Reading Bates Hansen & Rasmussen, P.C.<![CDATA[When can a protective order be filed in a Utah family law case?]]>https://www.scalleyreading.com/?p=481762025-09-16T08:31:42Z2025-09-19T08:31:14ZIn Utah, a protective order is a legal tool that helps protect individuals from abuse or harassment, particularly in family law cases. Understanding when and how to file for a protective order is crucial for ensuring your safety and legal protection.
What is a protective order?
A protective order is a court order that requires an abusive person to stop harassing, stalking, or threatening the person seeking protection. The order can include provisions such as removing the abuser from the home, limiting or prohibiting contact with the petitioner, and requiring the abuser to stay a certain distance from the petitioner’s workplace or residence. In Utah, protective orders are often used in cases involving domestic violence, but they can also apply in situations of stalking or harassment.
When can a protective order be filed?
You can file a protective order in Utah family law cases when you face allegations of domestic violence, threats, harassment, or stalking. The key is proving that you have a reasonable fear of harm. The judge will review evidence of abuse or threats, such as police reports, text messages, or testimony from the petitioner. If you or your children face immediate danger, you can request an emergency protective order, which a judge can grant quickly without a hearing.
What is the filing process like?
To file for a protective order in Utah, you must complete a petition outlining the abuse or threat and file it with the court. The court will review the petition and may grant a temporary order, followed by a hearing to determine whether the court should issue a longer-term order. Protective orders typically last for a set period, such as one year, and the court can extend them if necessary.Filing a protective order in a Utah family law case provides legal protection from potential harm. It also creates an official record of the abuse, which can help in future legal matters like custody arrangements or divorce proceedings. ]]>On Behalf of Scalley Reading Bates Hansen & Rasmussen, P.C.<![CDATA[What types of damages can you claim after a car accident?]]>https://www.scalleyreading.com/?p=481722025-09-04T07:36:22Z2025-09-09T07:35:54ZIf you experience a car accident in Utah, you may be able to receive compensation for the damages caused by the incident. Depending on the details of the accident and your injuries, you can claim different types of damages. Understanding the types of damages available helps ensure you receive fair compensation for your losses.
Economic damages
Economic damages cover the financial losses resulting from the accident. This includes medical expenses, such as hospital visits, surgeries, doctor’s appointments, medications, physical therapy, and any other necessary treatments for your injury. If the injury keeps you from working, you can claim compensation for lost wages. If the injury affects your ability to work in the future, you may also receive compensation for lost earning capacity. Additionally, if the accident damages your vehicle or personal property, you can claim compensation to cover the costs of repairs or replacement.
Non-economic damages
Non-economic damages compensate for the emotional and physical toll the accident takes on your life. These damages are harder to calculate but include pain and suffering, which refers to the physical pain, discomfort, and emotional distress caused by the injury. Emotional distress, such as anxiety, depression, or other mental health issues resulting from the accident, also qualifies for compensation. If the accident impacts your relationship with your spouse, you can seek damages for loss of consortium, which addresses the effect on your marriage or partnership.
Punitive damages
Punitive damages apply in some cases when the at-fault driver acts recklessly or maliciously. These damages punish the wrongdoer and deter similar actions in the future. Although Utah does not award punitive damages in every case, the court may grant them in instances of severe negligence or intentional harm.Understanding the types of damages available in car accident claims ensures you pursue the compensation you deserve. Knowing your rights allows you to take the appropriate legal steps after an accident.]]>On Behalf of Scalley Reading Bates Hansen & Rasmussen, P.C.<![CDATA[Can a stepparent adopt a child in Utah?]]>https://www.scalleyreading.com/?p=481662025-08-22T11:05:38Z2025-08-27T11:05:25ZStepparent adoption can create a stronger legal bond within blended families. In Utah, a stepparent can adopt their spouse’s child, but the process involves a few key steps. The law ensures that the adoption serves the child’s best interests.
When is stepparent adoption allowed?
To adopt a stepchild, you must be legally married to the child’s parent. You also need to show that the adoption benefits the child. The child’s other biological parent must either give up parental rights or have them legally terminated. This is often the most complex part of the process.
What are the consent requirements?
Utah law requires consent from all involved parties before the court can approve the adoption. These include the child’s custodial parent (your spouse), the noncustodial biological parent (unless their rights have been terminated), and the child if they are age 12 or older.If the other biological parent refuses to give up their rights, the court can still move forward in certain cases. For example, if the parent has abandoned the child or failed to support them, the court may decide to terminate their rights.
What does the court consider?
The court wants to make sure the adoption supports the child’s emotional and physical well-being. The court looks at the relationship between you and the child, how long you’ve lived together, and whether the child sees you as a parental figure. The process may also include background checks and home visits. If approved, the adoption gives you full legal rights and responsibilities as the child’s parent.Stepparent adoption doesn’t just change legal status. It can reinforce emotional bonds and provide long-term security for everyone involved. When done thoughtfully, it helps build a united and supportive family structure that lasts beyond paperwork.]]>On Behalf of Scalley Reading Bates Hansen & Rasmussen, P.C.<![CDATA[How do dog bite laws in Utah affect your injury rights?]]>https://www.scalleyreading.com/?p=481632025-08-07T04:02:22Z2025-08-13T04:02:07ZIf you suffer a dog bite in Utah, you may be entitled to financial compensation. Utah law imposes strict liability on dog owners, meaning they are accountable for injuries their dog causes, regardless of the dog’s past behavior. Understanding your legal rights empowers you to respond effectively after such an incident.
Utah's strict liability rule
Utah enforces a strict liability statute for dog bites. This legal principle holds the dog owner liable for any injury caused by their dog, even if the dog has never shown aggression before. You do not need to demonstrate that the owner acted negligently. As long as the bite occurred in a public place or while you were lawfully on private property, you can pursue a claim.
Compensation you may receive
You can seek compensation for medical bills, lost income, and pain and suffering resulting from the bite. Utah law does not require proof that the dog has a history of aggression. Even a first-time bite qualifies for legal action. Permanent physical or psychological injuries—like scarring or anxiety—may increase the value of your claim.
Deadlines to file a claim
Utah law allows four years from the date of the dog bite to file a legal claim. If you miss this deadline, your right to recover damages ends. Acting promptly helps preserve essential evidence such as photographs, medical records, and eyewitness accounts.
Steps to take after a dog bite
After the incident, seek medical treatment and report the bite to local animal control authorities. Obtain contact information from the dog’s owner and any witnesses. Maintain detailed records of your medical care and related expenses. These actions can substantiate your injury claim and strengthen your legal position.Utah’s dog bite laws give you a clear path to holding the dog’s owner accountable. By understanding your rights, you can take steps that support both your physical recovery and your financial interests.]]>