Divorce Attorney

Posted by Andrew L ClarkLeave a comment on Divorce Attorney

Divorce Attorney

Property division is a critical component of any divorce. The manner in which property is divided can have a significant impact on an individual’s immediate and future security.

If you have decided to file for divorce or your spouse has initiated divorce proceedings, it is important that you have qualified legal counsel to ensure that your financial rights and interests are protected.

The Divorce attorneys are prepared to handle any property division dispute or financial issue that may arise in your case, including:

    • Division of retirement accounts
    • Business valuations and divisions
    • Property classification disputes (marital vs. non-marital)
    • Tracing of commingled funds
    • Division of real estate and the marital home
    • Division of investment assets
    • Spousal support (alimony) claims
    • Child support disputes

Experienced Representation

At our firm, you will receive the sound advice and experienced representation you need. Our attorneys have more than 80 years of combined legal experience.

As experienced negotiators and trial lawyers, we will ensure that your rights are protected. We will do everything we can to resolve your case as efficiently as possible. We are typically able to resolve cases without the necessity of protracted litigation, while fully protecting our clients’ rights. When a case must go to court, however, we have experienced trial lawyers who will vigorously defend your financial and parental rights.

The Prize At The End – A Discharge

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The Prize At The End - A Discharge in bankruptcy

No matter which chapter of the bankruptcy law you and your lawyer choose, the reward to be expected is a “discharge” of your unsecured debts. There are lots of things to be considered from a legal point of view. There are limits on the discharge of many types of debts. However, subject to some restrictions, once a debtor has completed his/her bankruptcy, the Court will issue an order granting a discharge to the person named as the debtor. A discharge is not the same thing as a dismissal. A discharge is a good thing; a dismissal is usually not a good thing.

Collection of Discharged Debts Prohibited

The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor’s spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney’s fees to the debtor.

However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor’s property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged.

Debts That Are Discharged

The Chapter discharge order eliminates a debtor’s legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt is provided for by the Chapter 13 plan or is disallowed by the Court, pursuant to Section 502 of the Bankruptcy Code.

Debts That Are Not Discharged

Some of the common types of debts which are not discharged in a Chapter bankruptcy case are:

The Prize At The End - A Discharge in bankruptcy

a. debts that are in the nature of alimony, maintenance or support

b. debts for most student loans

c. debts for most fines, penalties, forfeitures or criminal restitution obligations

d. debts for personal injuries or death caused by the debtor’s operation of a motor vehicle, vessel or aircraft while intoxicated

e. debts provided for under Section 1322(b)(5) of the Bankruptcy Code and on which the last payment is due after the date on which the final payment under the plan was due

f. debts for certain consumer purchases made after the bankruptcy case was filed, if prior approval by the Trustee of the debtor’s incurring the debt was practicable but was not obtained

What Should My Will Include?

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What Should My Will Include

Your will should detail:

That you are of sound mind as you are reading and signing the will

The names, locations and dates of birth of your immediate family, including your spouse and all children, including adopted children. Talk with your lawyer about whether to name illegitimate children and stepchildren to avoid claims that you have simply left them out and would have provided for them if you’d been thinking of them.

Appointment of a guardian and alternate guardian for any minor children. Your lawyer will be able to tell you whether you should have a separate guardian to manage their finances.

A list of who should inherit specific items of property. This is often handled more informally with a separate list that can be frequently updated, which is kept with the will.

Where Should I Keep My Will?

A will should be kept in a safe place such as a bank safe deposit box or fireproof safe at home, where it can be easily located after your death. If you keep your will in a safe deposit box, you’ll need to arrange for your executor to have access to the box after your death. Many states put a freeze on a safe deposit box at death, which makes it more difficult to retrieve the will.

When Should I Update My Will?

Your will should be updated whenever:

  • You marry or divorce
  • You give birth to or adopt a child
  • When a family member or other beneficiary of your estate dies
  • When someone you’ve named as an executor, trustee or guardian is no longer able to fulfill that role
  • When you decide to change an executor, trustee or guardian
  • When you want to change the way your property will be distributed
  • When you move to another state
  • When your net worth increases dramatically