Sunday, May 19, 2013

How do I get my family back?

Before parents decide that it is time to get a divorce many questions come up. You may have even seen or experienced yourself a situation where you try and stay with your significant other or your spouse for much longer then is healthy because of "the best interest of the children". If a relationship is suffering so much that divorce is being considered at all then it may be time to step back from the situation. Remember kids are very smart and as much as parents may try and hide the issues they are having in their relationship its nearly a guarantee that the kids already know that something is going on. By the time parents decide that divorce may be the best solution often times the children have already gone through some very hard situations and possibly endured conflicts that are not appropriate for any child.

There are always going to be many questions that come up in a divorce, but if it has even crossed your mind then its a good time to involve a lawyer. If just for some advice on how to keep your family from separating if its not necessary but mostly to keep the children from having to endure situations that are hard on them. One thing for certain is that if you find the right attorney at law many of the issues which affect children can be completely avoided. Kids are tough and will bounce back but the less pain you can put them through the better. Contact a good lawyer now. TR Spencer & Associates has a great staff which will help you every step of the way and you can contact Terry directly on facebook if you have questions or just need some advice.

Ask Terry Spencer a question now on


Sunday, May 5, 2013

A will is a legal document that is left behind for loved ones after one’s death containing instructions as to what should be done with any assets or cash and how things are to be dispersed throughout your family. Sadly, when someone is on his or her deathbed, rather than focusing on spending quality time with the loved one, some families get wrapped up in all the legalities that go along with “who gets what.” Some family members might feel they are not getting their “fair share” and this can not only cause a rift between family members, but also make the last moments of a passing loved one less than amicable.

This is why it is a good idea to have a solid will drawn up, so as to avoid as much conflict as possible among family members. Having someone in the family designated to handle the dispersal of assets and money can make things much easier and less stressful for family members.

To get started on your own will planning, contact the attorneys at T.R. Spencer and associates. They have years of expertise in planning these types of important documents. See for more information.

Thursday, May 2, 2013

House purchased with undisclosed issues in contract

Question: My wife and I bought our house 2.5 years ago. In spring we had to have part of bathroom floor replaced due to a previous leak. We contacted the seller and she remembered the repair of toilet but would not pay for repairs of floor. During that repair the plumber found crawl space had 30" of water in it and I had to pump it out. No apparent damage but Ifound a sump already in place on the far end of house and neighbors confirmed it being pumped out each spring. Now have water damage to floor in master bathroom from previous repair. None of this was not disclosed.

Answer: The failure to disclose should sound in contract, since it is failure to provide all the disclosures required by a written contract. In that case, the statute of limitations should be 6 years in Utah. However, if you believe that you have a claim, do not wait to go to an attorney--speak with one now. That way, even if under the precise circumstances of your situation, it turns out that the more appropriate SOL is that for fraud, which is only 3 years in UT, you'd still be able bring a lawsuit.

The law office of Terry R Spencer and Associates specializes in real estate law. Contact him immediately in order to resolve this or any situation realted to your newly purchase property or soon to be purchased home.

See full article on

Sunday, February 24, 2013

Divorce in Utah

Marriage is a cultural norm in our society. We are born into this life and taught many different things and are passed down from our parents many beliefs, ways of thinking, ways of living, etc. One of those is that one day we are supposed to get married. Unfortunately, if marriage exists then the opposite must exist: Divorce. Divorce defined as a legal decree dissolving a marriage.
When someone gets married the last thing they want to think is that they could end up getting a divorce. Unfortunately, in Utah during the past 10 years there was a slight decrease in marriages, but at the same time a rather alarming number of divorces.

Furthermore, the definition of divorce certainly does not include: emotional, mental and physical agony, distress on children if any, and on top of it all an enormous financial burden. So, before you walk down the aisle be aware of what it could mean to get a divorce legally. For one Utah woman it meant the separation and relief from an abusive husband—but at an outrageous monetary cost. In the end, she was facing homelessness and had spent her entire life savings of $10,000 on the divorce. Her nightmare becomes worse when she realizes she was not represented very well and seeks to sue her divorce attorney for malpractice.

Contact Terry Spencer and Associates Now!

For more about this story see

Thursday, February 21, 2013

Divorce Requires a Good Lawyer, Maybe a Therapist

Those who have gone through a divorce or know someone who is going through it understand that there can be a lot of issues and stress involved. It’s extra hard if the divorce is full of conflict, but even if there are not many issues, the ones in involved with the divorce often become overwhelmed with some or all of these emotions: depression, anger and sadness. Trouble sleeping, and other problems can arise too.

Those dealing with theses emotions need support.  A lawyer to help step you through the whole process can help exponentially. A therapist can also make a big difference.  If you have insurance you can use your insurance company to locate one otherwise there are a number of online tools that will help you find a therapist.

In addition to individual therapy, a relatively new field called “divorce therapy” which focuses on helping parents as they figure out how to work together and communicate for the benefit of the children has proven to be very helpful.

Therapy may not be for everyone, but a good lawyer will help you streamline the divorce process and find the right direction quickly. Terry Spencer is a great attorney in Utah who operates along the Wasatch Front and he can help you with all of your divorce and family legal needs. Call him now by clicking on his website for more information.

Wednesday, February 20, 2013

Divorce in Utah: Grandparents

The transition from being a Parent to a Grandparent can be one of the most rewarding and exciting experiences in one’s life. To some, becoming a grandparent can be a dream come true—watching your family’s legacy grow and passing down traditions from one generation to the next. A grandparent’s nightmare would be the separation/divorce of the parents and leaving at least one set of grandparents unable to see their grandchildren—something no grandparent dreams of.

Luckily in Utah, despite the wishes of the parents, grandparents are allowed to request visitation from the court. According to Utah Code 30-5-2, based on certain factors the court can override the parent’s wishes. For a list of these factors see the Utah State Legislature site:

If you are a grandparent in need of a lawyer to request visitation of your grandchildren, contact Attorney Terry Spencer for a free telephone consultation. You can visit his site at:

Thursday, February 14, 2013

Divorce: What about the kids?

            Divorce is not something any of us dream about going through. But it happens. Often. And worse, many times children are involved. They become involved in a tug of war battle that can have a lasting negative affect on them emotionally.
            In Utah, custody is determined based on the best interests of the child. But how is that determined? In Utah a few factors are considered before deciding which parent will have custody of a child:
  • Which parent is most likely to encourage continuous contact between the child and the child's other parent
  • Past conduct and moral standards of the parents
  • The child's relationship with the parents
There is also the option of Joint Custody:
  • The geographical proximity between the parents
  • Each parent's ability to place the needs of the child first
  • Whether both parents have always participated in the child's upbringing
  • The child's wishes, if the child is of an age to express a reasonable preference (age 12 or older)
  • Any history of child abuse, spousal abuse or kidnapping
  • Each parent's maturity and ability to avoid conflict
  • The parents' ability to cooperate with one another
No matter what the decision is, it leaves a lasting scar on a child that is likely to follow them throughout life. If a child is lucky, the parents will be able to communicate and get along post-divorce for the sake of the child. But of course, if divorce involving a child can be avoided—that is the best possible solution. Unfortunately life happens and that cannot always be the case.
So, if you find yourself in this situation at some point in your life, seek an attorney who can help facilitate things smoothly between both parties, for the sake of any children involved.
For more information about child custody in Utah or an attorney who can help see the following websites: