November 16, 2022
Criminal lawyers are an interesting sort in that they try to find a path where often there may appear to be none. But, the practice of criminal law is not built upon the premise of “if you’re caught then you’re guilty,” though sometimes it may certainly feel that way. However, if your rights have been violated prior to being found in possession of illegal drugs, then your lawyer may be able to suppress the stop or search and have your charges dismissed. Take a look at these issues so you can see just how a criminal defense lawyer can help you with drug charges.
A lot of criminal law focuses on the area of the vehicle stop. For example, a person is driving down the road and for some reason their vehicle is stopped. It could be window tint, bad tags, failing to stop at a red light, speeding, etc. When the officer comes to the car, the interaction typically involves a request for license and registration and then they head back to their vehicle. However, that isn’t always the case. Sometimes the interaction takes a turn where the officer says they smell an odor of marijuana or perhaps they see an open container in the car. But they may find neither of those things and merely ask if they can search the car. It could be a stop for speeding and then the officer, without any reason, wants to search and the person says no. Even if you have something illegal in your car, please do not give consent to search your vehicle. It will only hurt your case.
CRIMINAL DEFENSE LAWYERS
Say the officer says they’re going to search anyways without a little thing called “probable cause.” Well, without consent your lawyer can challenge the search because the officer did not have probable cause to do so. If your lawyer’s suppression motion is successful then the drugs they found in the car will be thrown out because anything that came after the point your lawyer suppressed is nullified. Drug cases are complex; there are a lot of opportunities with them and this is why it’s vital to speak with criminal lawyers prior to taking a plea or doing anything with your case. It is recommended that you consult with reputable Greensboro criminal lawyers from a law firm such as Garrett, Walker, Aycoth & Olson, Attorneys at Law, PLLC as soon as possible. You want a law firm that was created to help people when their rights have been violated.
October 1, 2022
Parenting children with your former spouse can be a challenging experience, especially when the divorce was contentious. The way your spouse wants to parent may differ from your ideal choices, and this can cause legal problems as one or both parents decide to operate outside of the court-ordered plan. However, there are steps that a parent can take to avoid disobeying court orders and still protect his or her children. Your Colorado divorce lawyer can help.
Can I ask the court to modify my child custody order?
Modifications to orders granting parenting time are possible, however, in most cases, the parents have to wait two years after the original order is entered before seeking modification. Certain exceptions do apply. In order to modify the parenting plan before the two years, the court must find that the child would be endangered mentally, physically, and emotionally under the current plan. If a parent has become unstable or abusive since parenting time was ordered, it would be possible to seek and be granted a modification to the parenting plan before the two years have passed because this kind of behavior may endanger the child.
What if the two years have passed?
After the two years have passed, modification may generally be possible if the parent seeking modification can show changed circumstances. Changed circumstances can include the parent’s failure to follow the parenting plan that was previously approved or the parent’s change in work hours or location requiring the parent to relocate.
Does my child have a say in any parenting time modification request?
As with most decisions involving children, the court is supposed to consider the child’s best interests in deciding whether or not to order modification. Depending on the age of the child, the child’s wishes may also be considered. Modification without changed circumstances is possible in some cases, such as when both parents agree to the modification – often through negotiation, the child has been parented under the proposed changes for at least six months before the petition for modification, or the proposed changes are minor in nature.
What happens if I take action regarding parenting time without the court’s permission?
Unless your child is at immediate risk of physical injury, it is always better to seek modification before taking matters into your own hands and refusing to let the other parent have their court-ordered time. Continuous failure to abide by the court’s order can affect your case if you or your former spouse seeks modification down the road. You can also be charged with a criminal offense for interfering with the other parent’s parenting time. If you believe your child is being physically harmed, you can contact the police for immediate assistance, seek an order of protection on your child’s behalf, and move for immediate modification of parenting time.
Do I need a lawyer for a parenting time modification?
Family law issues – especially when it comes to parenting time and child custody – are often complex. Although the law does not require an attorney, if your ex-spouse objects to your proposed changes, your chances of a successful outcome are much higher if you have a Colorado divorce lawyer advocating for you. Call Zweig Law, PC Attorneys at Law for details.
September 28, 2022
Each year, millions of people get into car accidents across the globe. And even though the creation of motor vehicles has resulted in immense progress for how we live our lives and get around, this means that serious collisions where people get hurt is possible. Whether you were part of a small fender bender or a more serious crash, you may be too shocked and shaken up to be thinking clearly, which is why it can help to educate yourself ahead of time. Here is what you can do at the scene and afterward to make your claim process easier.
#1 Assess if anyone is hurt.
Do not leave the scene of a car accident, even if it’s minor. Your first priority must be your health and safety. Gently check your body for possible injuries so when EMS arrives they can give you proper care on the spot. Check the others involved in the accident to see if they require medical attention as well. Common injuries for car accidents tend to include back and neck injury, wounds, whiplash, head injuries, burns, road rash, broken bones, and more. As your lawyer can review with you, like a car accident lawyer Glendale, CA residents trust from Glotzer & Leib, LLP, copies of medical documentation is going to be influential for how much you receive in compensation, so getting medical attention is strongly advised.
#2 Get yourself out of the way of danger.
If you were not critically injured and the accident was relatively minor, drive your vehicle off to the side of the road so that it doesn’t get in the way of traffic. If your car is left in the middle of a street or highway, more accidents could ensue. However, if the crash is more severe and there are people injured, leave the cars where they are, the traffic can wait. You may not think you are injured, but be careful when you exit your vehicle anyway. This is especially true if the collision occurred on a busy road, your injuries could cause you to not think logically or make misjudgments, potentially putting you in the way of harm.
#3 Call the police immediately.
It is important to get a report for the accident, but the police in certain areas may not respond to smaller collisions. If police do arrive, note the responding officer’s name, badge number, and form of contact. Be sure to provide them with your side of the story and only offer factual details. The few minutes following a car accident is not the time to place blame or make accusations, as that is something your insurance company and lawyer will help you with. You can ask for a copy of this police report in the days after at a local law enforcement officer, which can also be used as evidence to prove your story as to what happened.
September 25, 2022
Medicaid is an assistance program offered by the federal government that is then administered on a state level. It was created to help those who are financially eligible by paying for the cost of long-term care support, and enables access to other healthcare and medical benefits. Medicaid is distributed as a needs-based program, so that means there are unyielding financial requirements that have to be met for someone to become eligible for this type of assistance. If you aren’t sure whether now is the time to start your retirement planning, consider the information below.
A frequent misconception about Medicaid is that once a loved one is receiving these benefits, that all of their needs will be paid for. But this is not the case, as Medicaid may not cover basic needs such as clothing, television, radio, private living space, eye care, dentistry, social activities, entertainment, and more. Due to Medicaid not covering expenses like these, you must have a plan in place beforehand. It can provide relief to the senior person and their family members if there is a fund already set up to pay for costs that are not covered by the Medicaid program.
Keep in mind that Medicaid and retirement planning can be confusing areas of the law, according to a Montana elder law lawyer at Silverman Law Office, PLLC. Most lawyers will be generally informed about Medicaid basics, however, it is important to meet with a legal team that is experienced in handling this specific area of law. It is recommended that families meet with an elder law lawyer before submitting a Medicaid application. If the paperwork was sent without planning strategies and transfers having been done first, this can result in out-of-pocket money being wasted unnecessarily.
Consider the fact that around 2 out of every 3 people will need care in their senior years. Of course, no one wants to imagine that they will need this kind of added support, but the reality is that many of us will need it at one point or another. So if you or a relative is in their retirement years, then it’s a good idea to start estate planning if you have not already. Medicaid considers every gift and transfer made within five years of the application date. And since these programs can take time to process, you must begin planning early, much longer before you, your spouse, or another relative actually need the Medicaid assistance.
Planning for yours or your loved one’s senior years is not the most enjoyable task. But by taking steps now, it can prevent delays and other issues from arising in the future. With support from your lawyer, you can get all the advice you need and most pressing questions answered from a reliable source.
September 25, 2022
A parenting plan is a document created during a divorce by a child custody lawyer that is approved by the court and governs the relationship between parents and their minor children. A parenting plan will describe how parents will handle child custody and visitation.
In a perfect world, parents will work in good faith to reach an agreement on how parental responsibility and parenting time will be allocated between each spouse. In order to reduce the potential for disputes between you and your soon-to-be ex, it is helpful to work with a knowledgeable attorney. Utilizing some of the following tips can also help you create a successful parenting plan.
It is good to discuss your children’s school vacations ahead of time. They will typically have breaks in the winter, spring, and summer. Determining which parent is responsible for taking care of them when they are off school is a good starting point. This may help discussions and enable compromises in other areas of the parenting plan.
Inconsistency affects children more than many parents realize. Because both parents are not around at the same time, and your kids will be dividing time between two homes, it is even more important to try to maintain consistency wherever possible. This can include both parents following the same rules, methods of discipline, and expectations, and your parenting plan can specify how you and your ex will handle communication about these issues. For example, if your child is grounded and cannot watch TV because of something he or she did at your ex’s house, you should respect that punishment and not let them watch television at your home either.
Ask Your Kids for Their Opinion
Granted, this is only an option in certain situations, but if your kids are not too young, they may have input on what they want and need. For example, a teenager might want to stay in the same home during the week when they are attending school. If this is an option, it is important to recognize what your kids need and want too. This can help make the transition easier.
Plan for Future Dating
It is not likely that both parents will stay single forever, which means you will need to figure out how you will handle the introduction of new partners to your children. It is a good idea to discuss this with your ex and set some ground rules you can both agree on when it comes to new significant others.
Do not leave any important details out of your parenting plan. One of the biggest mistakes is drafting a plan that is too vague and leaves room for arguments and confusion.
Contact a Family Law Firm for Legal Assistance
If you have children and are going through a divorce, make sure your parental rights are protected. Call an experienced attorney, like a Kansas City, KS child custody lawyer from a law firm like The Law Office of Daniel E. Stuart, P.A.
September 22, 2022
Personal Injury Lawyer
If you or a loved one have suffered a personal injury due to an accident, it would greatly benefit you to contact a personal injury lawyer Chicago, IL clients trust to pursue legal action. Although a personal injury lawyer may share their wise counsel in many ways throughout the legal process of filing a claim, the following are a couple of the most common pieces of advice given.
Clients should seek out compensation for damages incurred if their injury was sustained by another’s negligence or ill-intent. Many victims of an accident do not feel entitled to or empowered to pursue justice for what happened to them, but would rather move on without gaining compensation. Although it may be difficult to go through the legal process of filing a personal injury claim, it is well worth it to gain compensation for a client’s damages. For example, if a person slips and falls on a wet floor that is unmarked and breaks their leg, this could have serious medical implications. Without filing a personal injury claim, that person is left to pay for their own medical care now and any future medical care needed due to the accident. Because of their broken leg, this may impact their ability to work, may cause emotional stress, and lower their quality of life. These are all considered damages that should be compensated for. By contacting a personal injury lawyer and discussing your situation, you can verify if you indeed have a case worth pursuing and formulate a strategy of legal action. Don’t let fear, confusion, or pain keep you from pursuing what you are legally entitled to. A wise personal injury lawyer such as those at Disparti Law Group work hard so that their clients can focus on what is truly important, their healing and overall health after an injury.
Most personal injury cases do not go to trial but are instead settled out of court. Some clients fear the court aspect of personal injury cases, however, your attorney will strive to settle with an insurance company and negotiate fair compensation for damages that all parties can agree upon. In the event that the insurance company is unresponsive or refuses to cooperate, taking the case to a judge in court may be in the best interest of the client. Every personal injury case is unique, and therefore is subject to its own outcome. A client should not compare their case to another personal injury case because there are many variables that determine a personal injury case and its compensation outcome. A trusted attorney will advise their client on what they believe to be the best course of action that benefits the client. As stated before, there are many variables that encompass a personal injury case such as substantial evidence, witnesses, medical evaluations, and other documents. The more evidence and proof a client has to validate their injury, the stronger the case and often higher the compensation will be. If you are in need of representation after an injury, reach out to a personal injury lawyer today!
September 14, 2022
Carpenter & Lewis PLLC is a firm that wants to bring their clients the best we have to offer, so that their needs are met. We don’t try to split our focus from estate planning and transactional law, that way you know we’re focused on you and your needs.
We focus on:
- Drafting wills.
- Drafting trusts.
- Settling probate estates.
- Settling probate trusts.
- Forming LLCs or other entities.
- Small business law.
An Overview of Probate Law in Tennessee
Probate is a court supervised process that can be required after someone dies. Probate gives somebody, typically the closest surviving family member, legal authority to gather the decedent’s assets, pay their debts and taxes, and transfer those assets to the people that were identified to inherit from the estate of the decedent according to the will or a court order, if there was no will.
Probate can take six months to a year, though this can go on longer if there is a fight involving the beneficiaries of the will. This is rare, but it can happen. Having a good probate lawyer in Knoxville, TN that is focused on the probate process itself can help you better understand why such fights may occur.
Not every asset needs to go through probate, just assets that the deceased person owned in their own name need to go through probate. Other assets pass to the new owners without oversight from the probate court. Assets going through probate court are called part of the “probate estate”.
Some common examples of assets that aren’t part of the probate estate:
- Property that is held in joint tenancy, such as a bank account, a home, or a car. It does not go through probate as it has a second owner, and the surviving owner retains the property outright.
- Property held in tenancy by the entirety, which means the person owned the real estate with their spouse, they’ll avoid probate court because ownership goes to the surviving spouse.
- Payable-on-death bank accounts, or POD, is a bank account that goes directly to the beneficiary of the account when the account holder dies.
- Assets that are registered in a transfer-on-death form, this is a form that Tennessee residents can feel out and anything registered on this form are transferred directly to the beneficiary identified on the form without probate.
- Life insurance proceeds from life insurance policies specify a beneficiary, so they do not require a probate court.
- Retirement funds do not go through probate because the account holder has designated a beneficiary of those proceeds.
- Living trust assets are held in the name of a living trustee, so they do not go through probate.
Learn More About Tennessee Probate
After a person passes away, what happens to their estate and their assets is not always clear. If they did not create a will or other type of estate plan, it may seem like their estate simply hangs in limbo. This is not the case, however, and each state, like Tennessee, has its own probate process when a person passes away without an estate plan. When a person passes away and they have a will, you can also expect their estate to go through probate, and the court will do its best to ensure the decedent’s last wishes are honored.
What really happens after a person dies and they do not have an estate plan?
Things can become tricky when a person passes away without a will. Although their estate goes through probate and a court makes decisions on it, the people the decedent loved and cared for the most may have no more a right to get something than another family member does. Dying without a will is known as dying intestate, and when this happens, their property will most likely pass on to their closest family member. This is often going to be their spouse or their children, including adopted children. Similarly, if the decedent was unmarried and does not have children, a court will move on to passing property to siblings and parents. This process continues until the court is unable to find other relatives.
What is required to make a will legal?
For a will to be legal in the state of Tennessee, you must:
- Be 18 years or older when you are making the will
- Be of sound mind
- Have two witnesses to sign it in the presence of the testator and each other
In some instances, it will also be valid for a person to write a will by hand (also known as a holographic will) and it will be valid to have an oral will. It will be up to the state to accept either type of will.
Is it possible to skip the probate process altogether?
It is possible, and when you are considering your estate planning options, your probate lawyer in Knoxville, Tennessee may recommend you create a revocable living trust instead of a will. A revocable living trust will be able to encompass all of your estate planning needs and will thus be able to avoid the probate process.
What, exactly, is probate?
Probate is the legal process where the estate of the person who died is actually settled. As a general rule, the more property the decedent had at the time of their death the more complex the probate process is likely to be. The rules often seem arcane and confusing to the lay person which is exactly why you may want an expert probate lawyer like Carpenter & Lewis PLLC. This is often true even though many courts in the state do not actually require you to have a probate attorney.
Reasons to have a probate lawyer
There are multiple reasons a probate lawyer is worth considering including:
- Most of our clients tell us the probate court tends to assume you know what you’re doing and is reluctant to answer your questions. Taking on probate is assuming a large responsibility that is much more complicated than most people recognize.
- If the family is likely to argue about how the estate is to be handled, having a probate attorney will make your life much easier.
- Wills often use language that, from a court’s point of view, is unclear. A probate attorney may be able to help that issue get sorted out.
- Estates with a large value often benefit from legal help.
- If the estate involves the transfer of a business, a lawyer who knows the ropes is likely to be more than helpful.
- When the estate results in a dispute with a creditor, having an experienced attorney on your side will often be able to help you get it sorted out quickly. If the estate can’t pay legitimate debts, an attorney representing you is likely to result in a truly fair settlement.
- Local services, taxes and federal taxes may be involved and the right probate attorney can help you understand what is needed.
- Real estate transfers, especially between counties and/or states may require a probate attorney.
Choosing a probate lawyer
The death of a loved one is an emotional time. This is exactly why you want a probate attorney that has deep experience handling cases like yours. They can protect your rights and interest and provide you with the balanced information you need to make good decisions.
Steve Carpenter, founder of Carpenter & Lewis PLLC, has been helping people with probate for over three decades. He states his purpose, saying, “I help families and businesses protect their assets to pass a legacy to the next generation.”
What to Look for in a Probate Lawyer to Write Your Will
It can be very daunting to start looking into the details of how to make your will, especially if you are doing it on your own and aren’t familiar with how the legal system works. However, it’s important to understand that a will is the most important document in your life, and will have a profound effect on all of those who are important to you. If you are thinking about writing your own will, here are five things to look for in a probate lawyer to write your will so that you can make sure everything goes as smoothly as possible after you pass away.
When you’re looking for a probate lawyer to write your will, you’ll want to find someone with experience. After all, this is an important document that will determine how your assets are distributed after you die. The last thing you want is for there to be any mistakes. Look for a lawyer who has been practicing law for at least five years.
Checking a lawyer’s reputation is one of the most important things you can do when looking for legal representation. You want to be sure that the lawyer you hire is someone who is respected by their peers and has a good track record. There are a few ways to go about checking a lawyer’s reputation. You can start by asking people you know if they have any recommendations. You can also look up reviews online. Finally, you can contact your local bar association to get more information.
One of the most important things to look for when choosing a probate lawyer is transparency. You want a lawyer who is upfront about their fees and the process. Ask around for referrals and read online reviews. Once you’ve narrowed down your choices, ask each lawyer for an initial consultation. This is your chance to get a feel for the person and see if they’re someone you can trust.
Your probate lawyer should give you a flat fee for their services. This means that you will not be charged by the hour, and will know exactly how much the service will cost upfront. Additionally, your probate lawyer should be able to give you an estimate of how long the process will take.
The average cost of a probate lawyer includes a wide range depending on the complexity of your estate. It is important to note that if your estate is worth more than $1 million, you may need to hire a team of lawyers which will increase your costs.
A good probate lawyer should be committed to helping you create the best possible will for your situation. They should take the time to understand your unique circumstances and explain the options available to you. Plus, they should be available to answer any questions you have along the way. If something happens that forces them to change their availability or schedule, they should communicate with you about it as soon as possible.
If you are looking for a probate lawyer to write a will for you, contact one at our firm today!
File Petition to Start Probate
If you are handling the final wishes of a decedent’s estate, then you will need to file certain paperwork in the county where the person had lived at the time of their death. As your probate lawyer Knoxville, TN families trust from Barry P. Goldberg can review, the paperwork will require you to be officially named as a legal executor who represents the estate. Within your petition, you’ll have to file a will, if a valid one exists, and the certificate of death. The court will schedule a day and time to approve the role of executor, or hear objections from others, and then the probate case will officially have begun. You will then be able to perform executor tasks and act on behalf of the deceased’s estate.
After filing a petition to start probate, you’ll have to give notice to beneficiaries, creditors, and heirs about the person’s passing. This is required by the court, and in some states, you may even have to publish a notice in the local newspaper. After that is done, you will move on to inventorying the assets. Gather, inventory, and get appraisals for all assets that may be subject to probate and then present them to the court, including personal effects, stocks and bonds, real estate, bank accounts, retirement accounts, and more.
Handle Debts and Bills
By notifying creditors and other parties about the deceased’s estate, you may receive claims from creditors about debts. You’ll have to make sure that these requests are legitimate before paying them from the estate. Collect money that is owed to the estates, such as outstanding rent payments and paychecks. Review unpaid bills and other debts, and decide if they should be paid. You’ll have to make sure that the estate assets are able to cover debts before you pay them, as the state will prioritize the claims of creditors.
Distribute Remaining Assets
Once all of the above is finished, then what remains in the estate will be distributed to beneficiaries and heirs as instructed. Beneficiaries may have questions about the estate and other concerns, in which you will have to communicate with them to a reasonable degree. As your Knoxville probate lawyer can guide you through, part of being an executor of an estate means that you will have to keep a financial record of all the transactions that have been done, and you may be required to share these details with beneficiaries.
Close the Estate
Keep in mind that as the executor of someone’s assets who recently passed away, you will always have to make choices that are in the best interest of the deceased. If you are caught making decisions or using money in a way that is for your personal benefit, beneficiaries may report you and you may be removed from your role, along with other potential repercussions. After all assets have been distributed accordingly, you will send these receipts and records to the court and request for the estate to be closed, in which you will be released from the role of executor. If you need help as an executor of someone’s estate, don’t hesitate to contact our Knoxville lawyer probate team today for support.
Schedule a no-cost consultation
Carpenter & Lewis PLLC are pleased to offer you a no-cost consultation. This will allow you to get a ‘feel’ for the firm, meet with some of their staff and get your initial questions answered. Your consultation will be treated with confidentiality and you’ll recognize you’ve been talking with people who understand your situation.
Talk to your probate lawyer in Knoxville, TN today if you have questions about what goes through probate court. Carpenter & Lewis PLLC has four lawyers, with varying educations and memberships. You can find a probate lawyer Knoxville, TN that you like that suits you and your case. Every lawyer has a different background, and you might connect with a specific lawyer in the firm because of their background, and that is okay.
September 7, 2022
Disaster is always one mistake away, and it’s up to construction management to maintain a safe environment for their employees and bystanders alike. Unfortunately, it seems that safety was left by the wayside at a certain construction site in the Bronx.
During some recent construction work at the intersection of Jerome Avenue and West Bedford Park Boulevard, a crane connected to a boom truck broke off and fell onto a car that was stopped at a nearby red light. Thankfully, the driver of the vehicle only sustained minor injuries.
However, upon investigation, it was determined that the management of the construction site was in violation of several different safety codes. Officials identified that the operators of the boom failed to obtain permits for certain equipment on site, and failed to properly maintain the construction elevator, or hoist.
A construction site is dangerous enough without management cutting corners. If you’ve been injured on a construction site (or in any other workplace) you shouldn’t be afraid to hold a negligent employer accountable for your injuries. As work injury lawyers in New Jersey like our friends at Rispoli & Borneo, P.C. can explain, you could be owed financial compensation for your injuries.
Were You Injured on the Job?
Workplace injuries happen, whether you’re dealing with cranes or copiers. Whatever the type of job, and whatever the type of injury, you should always report your injuries and fight for some form of compensation if you’re unable to clock in for work as usual.
Workers’ compensation can be a serious help when you’re dealing with a workplace injury. It can cover your medical costs, and provide you with enough income to keep yourself and your loved ones afloat while you recover.
Unfortunately, workers’ compensation is far from the “free money” many people think it can be. In fact, workers’ comp involves lots of paperwork and back-and-forth between you, your doctors, and your employers. Fortunately, a lawyer who specializes in workers’ compensation can help you navigate the ins and outs of your claim.
Was Your Employer Negligent?
In some cases, you may deserve more than workers’ compensation – and you shouldn’t file a claim without consulting a legal professional about the alternatives. After all, when you file for workers’ comp, you’re waiving your right to sue your employer, and in some cases a lawsuit can get you enough financial compensation to keep you covered until you find work with a more responsible employer.
Employers have a responsibility to maintain a safe working environment. If they fail to do so, such as by neglecting their permitting or licensing responsibilities, they may be on the hook for your injuries when you experience an accident.
Filing a lawsuit against a negligent employer can be complicated, and it’s important to have a lawyer you can trust when it comes time to determine who was responsible for your injuries, and what you should do about it.
Don’t hesitate to get justice, compensation, and closure. Get in touch with a work injury lawyer today to learn more.
September 3, 2022
Bankruptcy may be viewed negatively, but it’s a resource that can be used to make people’s life more manageable financially. Some people may frown upon those who need to file for bankruptcy, but at the end of the day it is the debtor’s state of being that is most important. Being constantly run down by financial problems may cause someone to seriously assess whether bankruptcy is right for them. For those who are curious, here are a few bankruptcy secrets revealed.
Most people can keep their property and belongings.
As a Chicago bankruptcy lawyer residents depend on from Therman Law Offices, LTD can attest, some bankruptcy chapters enable debtors to keep their furniture, vehicles, home, appliances, and other essentials. There are limits to what you can keep, and the rules vary by state law, but many people are under no obligation to give up any belongings or property. It is the credit industry that instills fear in us that we’ll lose our property. And while that may be true in some cases, those who file for bankruptcy may be protected from losing their tangible assets.
You don’t have to have zero money in the bank to file.
It is a common assumption that bankruptcy is only for when you run out of money completely, but that is not the case. You can be someone who is employed, has a bank account, and owns property (up to specific limits from the date you file your case). After you file, an automatic stay goes into effect. This means that creditors are no longer permitted to contact you about debts. Many debtors find this provides them immediate relief, and a chance to review their finances without added pressure from relentless debt collection agencies.
Your finances will get better sooner than you think.
The purpose of bankruptcy is to get someone out of debt, not be used as a means to get back into debt. Your credit score may be impacted, even more so if it is currently at a higher standing. And you will get a mark on your credit report for the bankruptcy. However, before you know it your credit will gain in strength and you will be receiving credit card offers again. Be sure to give yourself tools to avoid getting back into debt shortly after filing for bankruptcy. You are only able to file for bankruptcy a limited number of times throughout a set period. By using bankruptcy strategically, your finances can get better sooner than you think.
You are not alone in what you are going through.
The bankruptcy court does not contact your employer or other people who know you about the bankruptcy filing. The payroll department may be notified to stop a garnishment, but they don’t usually explain as to the reason why. While bankruptcy court cases are public record, and someone could visit the courthouse to find out, but rarely is this the case unless the debtor is under scrutiny from the public or other parties. You are not alone in needing to file for bankruptcy. There are many big companies and famous individuals who have needed this resource. Do not judge yourself, and the fact that you are even looking into options is a success in itself.
September 3, 2022
At Zweig Law, PC, we know that you probably have serious questions and concerns about what divorce is going to be like. Each situation is unique based on the couple as individuals and their relationship. But to shed light on what is to come, we have answered some of our client’s most common divorce concerns. We hope that this offers clarity for those who are going through a divorce or are preparing to. If you need further assistance, don’t hesitate to contact a divorce lawyer Colorado residents trust to have your worries put at ease.
What is the first step in a divorce?
The initial step in the divorce process is officially filing for divorce. For the state of Colorado, you must state that the marriage is broken without repairability in order to get a divorce. The issue of fault is not included in the first petition. To file for divorce, one or both spouses must file divorce documents to the court, including a Financial Statement, Certificate of Compliance, Separation Agreement, Decree, Parenting Plan, Pretrial Statement, Support Order, and possibly a Child Support Worksheet.
Who gets to keep the house in the meantime?
The couple may decide that they can amicably cohabitate while the divorce is proceeding. If the house is large enough, one spouse may reside in a separate room or area. But most couples don’t want to keep living under the same roof, no matter how big the property is. It can be challenging to be at odds and enter into divorce disputes when you are still living with that person. If there is no agreement as to who should remain in the marital home, one spouse can request that they receive exclusive use and possession of that property. If the court grants this request, the other spouse is not permitted to reside at that residence any longer.
How long will it take until the divorce is final?
For the state of Colorado, at the shortest, a divorce may finalize around three months. However, this only applies to the most straightforward and simple of divorce cases, such as those that do not involve children or other matters that could prolong the proceeding. Typically, a resident of Colorado can expect to have their divorce concluded at around 6-12 months. But keep in mind, that is a general time frame and each divorce case is going to vary based on the factors of the marriage.
Why is there a difference between legal separation and divorce?
Divorce and legal separation only differ because of one element: the divorce terminates the married status, while a legal separation preserves this status as still being legally married. During legal separation, the same types of conversations will need to be had, such as terms of property division, debts, spousal support orders, child support, and child custody orders. Legal separation may be a good alternative for those who know they cannot live together anymore but are not sure whether reconciliation is possible in the future. A legal separation can easily be turned into an official divorce if needed down the road.
When does temporary spousal support go into effect?
Temporary spousal support may be ordered by the court and paid while the divorce is proceeding. Some courts adhere to a calculation when deciding how much should be paid in spousal support. This temporary support is calculated similarly to child support, where an equation is used but the court may also consider other factors and increase or decrease this amount. In some states, if the couple was married for more than a decade, the lesser-earning spouse may get support for as long as they need, permitting the other spouse has the ability to pay. When the spousal support goes into effect will vary based on what is reasonable for the transition from married life to being single and financially self-sufficient.