Regular Post
Written by Canterbury Law Group

Which Debts Are Discharged in Chapter 7 Bankruptcy?

Which Debts Are Discharged in Chapter 7 Bankruptcy?

To discharge (wipe out) debt, most people apply for Chapter 7 bankruptcy. Although some debts are “nondischargeable” and will not be discharged in bankruptcy, Chapter 7 will discharge numerous obligations, including medical and credit card debt.

(480) 744-7711
INITIAL CONSULTATION

This article will teach you:

  • How a Chapter 7 bankruptcy can help you pay off your debts
  • what you’ll be erasing in Chapter 7, and
  • In bankruptcy filing, how do you classify debt?
  • Find out what bankruptcy can and cannot accomplish for you.

How Does a Discharge Work?

Individual debtors are released from personal accountability for debts discharged by bankruptcy, and creditors due that debt are barred from conducting collection activities against the debtor. To put it another way, the debtor is no longer obligated to pay any discharged debts. About four months after filing the bankruptcy petition, the majority of Chapter 7 filers receive an automatic discharge.

Which Debts Can Be Forgiven?

A list of routinely dismissed debts is shown below.

  • Charges on a credit card (including overdue and late fees)
  • Accounts of collection agencies
  • Medical expenses
  • Personal loans from family, friends, and coworkers
  • Bills for utilities (past due amounts only)
  • Checks that have been forged (unless based on fraud)
  • Loans for students (only in the rare circumstance that you can prove undue hardship)
  • Deficiency balances from repossessions
  • Insurance claims for automobile accidents (except those involving drunk driving)
  • Debts owed by businesses
  • Money owing to a landlord under a lease arrangement (includes past due rent)
  • Judgements of civil courts (unless based on fraud)
  • Penalties and unpaid taxes that have accumulated over a period of time
  • Lawyer’s fees (except child support and alimony awards)
  • Accounts with a revolving balance (except extended payment charges)
  • Overpayments of social security, and
  • overpayments on veterans’ assistance loans

A word regarding utility deposits and fraud. An otherwise dischargeable obligation can become non-dischargeable due to debt-related misconduct or fraud. A utility company cannot refuse to supply service due to a bankruptcy filing, but it can levy a reasonable deposit to secure future payment.

Dischargeable Debt Timing

It’s not only about the type of debt you have. When you get into debt, the obligation comes into play as well. This is how it goes.

Debt that hasn’t been filed yet. A pre-petition debt is one that you have accrued prior to filing for bankruptcy. The bankruptcy court will dismiss all qualifying pre-petition debt, such as credit card bills, personal loans, and medical debt, at the conclusion of your case.

Debt incurred after the filing of the tax return. Post-petition debt refers to the bills you accrue after filing your original bankruptcy case. You are still responsible for any outstanding balances beyond the original filing date. As a result, even if your lawsuit isn’t finished, you can go into fresh debt.

In other words, only debts incurred prior to the filing date of Chapter 7 are forgiven. Any debt you incur after filing your petition but before securing a discharge is your responsibility.

Prioritization vs. Nonprioritization Debt that isn’t secured

You must organize your debt into categories before filing for bankruptcy. If funds are available, the trustee will pay some creditors before others, depending on whether the claim is secured, priority unsecured, or nonpriority unsecured. Higher-ranking claims are paid first, followed by lower-ranking debt.

For example, “priority” debt is given special consideration and is paid first. Common examples are child support payments and tax debt. After a Chapter 7 bankruptcy, you’ll be responsible for a variety of priority debts.

Bills that you can discharge are usually classified as “nonpriority unsecured” debt. (Unsecured debt isn’t backed up by anything.) Secured debt, on the other hand, includes things like a home mortgage or a car loan.) However, a few non-priority unsecured obligations are not forgiven. For example, you won’t be able to discharge student loan debts in bankruptcy unless you file a separate lawsuit and demonstrate that you meet certain criteria.

The majority of liens will remain on the property.

Despite the fact that a debtor is no longer personally liable for discharged obligations, any legitimate lien that has not been avoided (rendered unenforceable) will remain in the bankruptcy case. For example, if you don’t sign a reaffirmation agreement to continue paying your car payment, the discharge will cancel your duty to pay the car loan; nevertheless, you won’t be able to keep the automobile. The lender will seize the vehicle using its lien rights.

After you’ve filed for bankruptcy, you can no longer receive collection calls.

If a creditor calls you after you file bankruptcy, giving them your case number and filing date will almost certainly put an end to the calls. It’s simple to find your filing date. Take a look at any bankruptcy documents that have been filed with the court. (Even if you hire a lawyer, you’ll get copies of all notices.) Next to your case number, the filing date will display at the top of the page.

A creditor can use the information to rapidly verify your bankruptcy, and if the calls don’t cease, the creditor will face consequences.

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business Bankruptcy, Chapter 7 Bankruptcy, Creditor Representation, Chapter 5 Claims, Chapter 13 Bankruptcy, Business Restructuring, Chapter 11 Bankruptcy, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

bankruptcy, Chapter 7 Bankruptcy
0
Regular Post
Written by Canterbury Law Group

Drug Cultivation Lawyers

Drug Cultivation Lawyers

Drug cultivation is a sort of drug criminality in which plants categorized as banned substances are grown. This mainly refers to the unlawful cultivation of intoxicants or hallucinogenic plants such as marijuana and opium.

(480) 744-7711
INITIAL CONSULTATION

Drug cultivation regulations are frequently grouped with, or in addition to, drug production laws. Most “drug cultivation and manufacturing regulations,” for example, make it illegal to:

Plants having naturally occurring compounds that are utilized in the creation of illegal narcotics and controlled substances are grown, produced, or possessed; and

Produce illegal compounds derived from plants, such as cocaine.

Is Drug Cultivation and Drug Possession the Same Thing?

No, because the person must possess the substances in order to cultivate or grow them, cultivation of narcotics usually entails some aspect of possession. Drug cultivation, on the other hand, is usually a more serious offense than drug possession. This is because drug cultivation is frequently associated with a desire to distribute the drugs or substances. Possession of a drug, on the other hand, does not always imply that the individual intends to distribute it.

What are the Legal Consequences of Drug Production?

Simple drug possession can result in petty misdemeanor charges, which are punished by a criminal fine and a term of less than one year in prison. Possession or cultivation with the purpose to distribute, on the other hand, is sometimes charged as a felony, punishable by heavier fines and a sentence of more than one year in jail.

What Kind of Proof Does It Take to Prove Drug Cultivation?

To prove drug cultivation, it’s usually essential to show that: 1) the suspect possessed the physical materials and substances needed to produce drugs; and 2) the suspect planned to cultivate the drugs for an unlawful and unlicensed purpose.

Thus, finding opium seeds, electric growth lights, and plants in huge quantities in a person’s house could be significant evidence of drug production with the intent to distribute.

Do I Need a Lawyer If I Have Legal Questions or Concerns About Drug Cultivation?

Charges of drug cultivation are among the most serious sorts of criminal offenses. They are frequently tied to other sorts of crimes, such as drug delivery. If you have any legal questions or concerns about drug cultivation, you should contact a drug lawyer as soon as possible. A lawyer can assist you with any issues you may have and, if necessary, represent you in court throughout the trial.

Are You Being Charged With Growing Weed Illegally? An Attorney Can Assist You

Under federal and state law, drug manufacturing and cultivation are prohibited, but there are several exceptions, as indicated above. Even in states where cannabis cultivation is legal, you still face charges if you break specific rules and restrictions. If you have any further questions regarding the laws in your area, or if you’ve been charged with the offense, you should talk with a local criminal defense attorney to learn more about how the law applies to your circumstance.

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Criminal Defense, Criminal Law
0
Regular Post
Written by Canterbury Law Group

Sneaky Divorce Tactics

Sneaky Divorce Tactics

At the time, dirty ways to get back at your soon-to-be-ex may seem like a smart idea. Retaliating for your ex’s wrongdoings may provide you with a sense of satisfaction in knowing that you are exacting justice or giving your ex what he or she deserves.

(480) 744-7711
INITIAL CONSULTATION

However, the truth is that these dirty divorce techniques rarely benefit the perpetrator and nearly usually result in hostility. Dirty divorce methods can inspire the other side in the same way that the bombing of Pearl Harbor roused a sleeping giant. During your divorce processes, fight the impulse to be vindictive, because you may discover that the joke is on you. Here are some instances of things you should not do:

1. Don’t give him anything.

A female client is considering leaving her husband’s home. It appears that if she tells her husband that she wants to leave, he will stop her. It has to be done behind his back. She is furious with him and wants to get even with him, so when she leaves, she takes everything in the house with her. He has nothing to sit on and nothing to cook with when he goes home. She believes she’s shown him something, but all she’s done is provoke him and throw down the gauntlet for all-out war.

2. Cancel all of your credit cards.

I represented a mother of three whose husband, a doctor, was having an affair with a nurse. Both had engaged lawyers, but my client preferred to wait before suing her husband for infidelity in the hopes of reaching an amicable resolution.

My client had just returned from a lengthy journey with one of her kids and was about to pay for gas when her card was rejected. Her spouse, who earns around $1 million a year, chose to terminate all of her credit cards without warning. To say the least, the good doctor procured an adultery complaint and a temporary hearing in which the judge was apprised of his actions.

3. Obtain his dismissal.

Offended spouses’ eagerness to get their ex fired or in trouble with the IRS or, in one case, the Securities and Exchange Commission never ceases to astonish me. What could they be thinking while they’re simultaneously attempting to get enough money from their spouse to make ends meet? What a case of shooting oneself in the foot!

4. Turning Off the Power.

This is undoubtedly one of the nastier divorce ruses. Many people have called me to say that their phone, power, or cable has been switched off at their home without warning. Such an approach simply leads to a downward spiral of attacks and counterattacks.

5. Inform the Paramour’s Partner.

When an affair is discovered, a common reaction is to phone the paramour’s spouse and tell them everything. As a result, that spouse may launch an alienation of affection lawsuit, putting the marital assets at danger. Clearly, this is an extremely self-destructive decision. (There are situations when sharing this information is beneficial, but this should be done by the lawyer, not the client.)

6. Take the kids out of state.

At the time, such a move seemed like a great way to get even with your spouse. However, some cases show that it can be a good method to get a judge to grant custody to your husband in exchange for your bad behavior. It is considered kidnapping in several places.

7. De-clutter your bank accounts.

While this may bring some temporary relief and security, it may also result in an emergency hearing and the costs associated with it. It may also imbue the perpetrator with an unjust taint that they may never be able to escape. (There are situations when this may be essential, but only with counsel’s guidance and for very good reason.)

8. File a Child Abuse Complaint.

I believe that few people consciously make false complaints of abuse, but it is all too common for people in the throes of divorce to stretch regular events to their advantage. This is something that judges are well aware of. Allow no one to speak to your child if there is a risk of abuse, and bring them to a professional who is trained in interviewing children for abuse. Abuse allegations can be made in both directions, so tread carefully before throwing stones. Allow the experts to handle it.

9. Make your spouse feel humiliated.

Many people wish to teach their spouse a lesson by having summons or subpoenas served on them at work or in other humiliating locations. I’m aware of one situation in which a woman requested that the process server serve her husband immediately before he boarded a plane for an overseas hunting trip. Such gestures may provide gratification, but they can also lead to revenge and escalation of the conflict. Remember that they will one day have the power to embarrass you in the same way they embarrassed you.

10. Just because you can, pull the trigger.

Many times over the course of a divorce, there is an opportunity to file anything, take legal action, or seek a sanction, but the better option is to postpone or avoid taking action. Your husband, for example, is an adulterer. You have concrete evidence. You may believe that because the opportunity presents itself, you must file a lawsuit for adultery. However, history has shown that assessing the circumstance and determining when or if such action is most useful is frequently the best course of action. The mere fear of litigation, for example, may be more persuasive in negotiations than the actual filing of litigation.

All of the preceding rules come with the proviso that no rule should be obeyed if doing so would be risky. You have to do some things from time to time. The key is to seek the advice of skilled counsel and to ensure that your relationship with your counsel is not hostile for the purpose of being contentious.

Rather of focusing your efforts on hurting your ex, be sure that every move you make is actually geared to assist you move closer to a positive solution, not just to grasp a purely temporary advantage or to gratify an unproductive emotion. Let’s keep it that way!

Need a Divorce Lawyer in Scottsdale or Phoenix?

(480) 744-7711
INITIAL CONSULTATION

As proven legal counsel in family court, we have a network of Arizona attorneys, expert witnesses, mediators, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyers, divorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Amicable Divorce, Collaborative Divorce, Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorce Mediation, Divorce Rate, Marriage
0
Regular Post
Written by Canterbury Law Group

What is Chapter 7 Debt Discharge?

What is Chapter 7 Debt Discharge?

Some or all of your previous debt may be dismissed under Chapters 7, 11, 12, and 13 of the United States Bankruptcy Code. A “discharge” is a term that refers to the act of “This means you are not personally responsible for the money and are not required to repay it. Once a debt is permanently dismissed, the creditor you owe, such as a hospital or credit card company, cannot contact you or initiate collection action against you.

Note: To get rid of credit card debt and get debt relief, most consumers will declare a Chapter 7 bankruptcy. If you’re unfamiliar with the Chapter 7 bankruptcy process, you can learn more about it and what to expect. If you file Chapter 13 bankruptcy, you will be required to repay the majority of your debts under a repayment plan. Some debts may be discharged in bankruptcy, but you may still be personally liable for others.

(480) 744-7711
INITIAL CONSULTATION

Chapter 7 bankruptcy frequently entails the liquidation (or sale) of assets in order to pay off previous debts. Only once you’ve finished this process will you be able to get your eligible debts forgiven. Federal and state bankruptcy exemptions shield some assets from liquidation. Many people who file for Chapter 7 bankruptcy can keep the majority of their assets. Your attorney and bankruptcy trustee will determine what you can keep, what creditor deals you can make, and what you must give up in your bankruptcy case.

The courts usually discharge debts as soon as assets are liquidated. This occurs around four months after you first apply for Chapter 7 bankruptcy. Keep in mind that you must attend debt management education classes between filing and receiving your discharge, or the judge may deny your debt discharge.

Debts that can’t be forgiven

There are numerous exceptions to the debts that can be discharged in Chapter 7 bankruptcy. For a thorough examination of your individual debts, you should speak with an experienced attorney.

The following are examples of debts that cannot generally be discharged:

  • Child support and alimony
  • Several tax debts
  • Loans for students
  • Debts related to education
  • Loans for individuals
  • Debts owing as a result of a personal injury case
  • Debts owed in connection with certain criminal restitution orders

According to state and federal law, these debts must be repaid.

Stop your creditors from seizing your property by using reaffirmation.

Even after a discharge, certain creditors may be able to preserve their claims on your property. This can happen in a number of ways, one of which is through a “lien.” A lien can be used by a creditor to obtain payment or reclaim property.

Let’s imagine you have some valuable secured property, such as your car. A lien may be used by your creditor to reaffirm the obligation. This “reaffirmation” is important “occurs if both you and the creditor agree:

This debt will remain your responsibility.

You will repay a debt in part or in whole.

Even if the debt would be discharged in bankruptcy, you continue to pay.

As long as you keep paying the loan, the creditor will not take your property.

Prior to the entry of a discharged debt order, reaffirmation is required. If you wish to keep a car or other property, you should talk to your creditor as soon as possible. Your attorney may take care of this for you and try to work out a reasonable payment plan.

Possessions that may be taken prior to a discharge

Bankruptcy is meant to help you get out of debt, so removing all of your assets would be counterproductive, as you’d have to repurchase a car or other stuff.

Property deemed vital for modern life may be excluded from creditors’ repossession. However, you may need to petition a judge to have them stopped.

The following are some instances of property that a creditor can try to reclaim:

  • A second car or a motor vehicle
  • A vacation home or a second residence
  • Expensive attire
  • Furniture for the home
  • Jewelry
  • Tools that you utilize at work
  • Instruments of music (unless you can prove you are a professional musician)
  • Cash, bank accounts, stocks, bonds, and other assets are all available options.
  • Pensions
  • A percentage of your home’s equity
  • A fraction of unpaid pay that has been earned.
  • Benefits from the government that have accrued in a bank account
  • Personal injury damages granted
  • Heirlooms from the family

While this list may appear frightening, keep in mind that creditors may attempt to seize these items, but they are unlikely to succeed. Because it is necessary for business or daily living, much of this property is covered under your state’s exemptions or wildcard exemptions.

A notice will be sent to your creditors stating that your debts have been dismissed. If they don’t agree with the discharge, they might try to reaffirm these items or sue you for debt.

Things are considered finished once the debt is discharged. You cannot be sued, have your property taken away, or be harassed by a creditor.

How to Get a Debt Forgiven

Bankruptcy is a difficult decision to make, but it is sometimes required. You might begin by inquiring with an attorney about what property is prohibited from a Chapter 7 bankruptcy and what may be included. They can inform you what a creditor might be looking for and how to stop them legally and effectively.

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business Bankruptcy, Chapter 7 Bankruptcy, Creditor Representation, Chapter 5 Claims, Chapter 13 Bankruptcy, Business Restructuring, Chapter 11 Bankruptcy, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

bankruptcy
0
Regular Post
Written by Canterbury Law Group

Drug Cultivation and Manufacturing Charges

Drug Cultivation and Manufacturing Charges

Federal and state laws make it illegal to cultivate or manufacture illegal narcotics like methamphetamine or marijuana (with limited exceptions for marijuana in certain states). In a criminal law context, drug “manufacturing” happens when a person is involved in any step of the unlawful drug production process. Those who sell specified precursor chemicals, specialist equipment, or just offer to assist in the production of narcotics may also be charged.

(480) 744-7711
INITIAL CONSULTATION

Drug manufacture is often charged as a felony, including penalties such as prison time, hefty fines, and probation. Those convicted of manufacturing illegal narcotics near schools and playgrounds might face doubled prison sentences and fines.

Although this article focuses on the criminal accusations of illicit drug cultivation and drug manufacturing, when drug manufacturing is part of a bigger organization, broader RICO charges may be brought.

Elements of the Crime: Drug Cultivation and Manufacturing

Prosecutors must typically prove both possession and intent to manufacture in order to convict someone of making (or intending to create) illegal substances. The tools and materials used to make illegal substances are frequently not considered contraband in and of themselves.

Pseudoephedrine, for example, was previously a popular cold remedy. However, it is also utilized in the production of methamphetamine. Even if authorities discover a package of the now-banned drug in a person’s car, that may not be enough to prosecute for a manufacturing charge. However, if the officer also discovered laboratory equipment often used to make meth in the backseat, it could be enough to justify an arrest.

Similarly, simply having marijuana seeds in your possession does not always imply that you intend to grow them. However, if investigators discover indoor grow lamps and hydroponic equipment, they may be arrested in places where cannabis cultivation is prohibited.

However, having a permit or authority to possess specific items that might otherwise be used to produce illegal substances could be a defense. Pharmacists, for example, have access to a wide range of ingredients that might be used to make illegal narcotics. Furthermore, many chemicals and industrial supplies typically utilized in the manufacture of illegal narcotics may have valid uses that would necessitate the issuance of a permission.

State Versus. Federal Laws on Marijuana Production

While there is little distinction between state and federal drug manufacturing regulations in general, marijuana is an exception. In terms of prosecution and penalties, the federal government treats marijuana growing similarly to the manufacture of other Schedule I substances, but has largely taken a “hands-off” approach to state legalization efforts.

Under federal law, growing less than 50 marijuana plants can result in a five-year jail sentence, or a life sentence if 1,000 or more plants are grown. Individuals in states that have legalized marijuana for medical use or recreational use are not free from federal enforcement, but it is unclear how federal prohibitions would be enforced.

Colorado and Washington were the first states to legalize marijuana for recreational use, but only Colorado allows non-medical users to grow it (six or fewer). States that allow medicinal marijuana usage have different rules about whether (and how much) marijuana can be grown by licensed patients. Patients in Hawaii are allowed to grow up to seven plants, however this is not allowed in Connecticut.

Are You Being Charged With Growing Weed Illegally? An Attorney Can Assist You

Under federal and state law, drug manufacturing and cultivation are prohibited, but there are several exceptions, as indicated above. Even in states where cannabis cultivation is legal, you still face charges if you break specific rules and restrictions. If you have any further questions regarding the laws in your area, or if you’ve been charged with the offense, you should talk with a local criminal defense attorney to learn more about how the law applies to your circumstance.

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Criminal Defense, Criminal Law
0
Regular Post
Written by Canterbury Law Group

Divorce With Kids

Divorce With Kids

 Divorces often follow a similar pattern. When children are involved, however, further measures and considerations must be taken. Additional discussions with your attorney about child custody, visitation, parenting plans, and child support should be expected.Read on to learn more.

(480) 744-7711
INITIAL CONSULTATION

Divorces often follow a similar pattern. When children are involved, however, further measures and considerations must be taken. Additional discussions with your attorney about child custody, visitation, parenting plans, and child support should be expected.

The divorce process can also get acrimonious if parents begin to attack one another in order to acquire custody of their children. In acrimonious family court trials, character witnesses, testimonials, text messages, and social media posts are all fair game – some ex-partners will go to any length to prove the other is an unfit parent.

It’s crucial to remember that many courts will try to find a method to give parents joint custody unless there are compelling reasons not to. Above all, they will think about what is best for your child. You can have a quicker and less hurtful (to you and your children) divorce if you and your husband can work together with the same objective in mind.

The issues following may elicit strong feelings, but they will aid you in preparing for a divorce case with little children. Being as prepared as possible might assist you and your children in comprehending the adjustments that are coming.

The Process of Divorcing With Children

Here’s a quick rundown of how a divorce with children works. It’s important to note that each state has its own procedures and terminology for child custody and visitation.

1) Filing for Divorce

Your divorce will include child custody and child support (your request to start your divorce case).

2) Emergency Proclamations

If your children are in danger, you can request an emergency custody hearing and temporary protective orders from the judge.

3) Settlement Agreement for Divorce

You can include child custody problems in your divorce settlement agreement and ask the court to accept it if you decide on your own. A court will determine whether it is in your children’s best interests. You’ll have to make decisions about everything, from who your child will live with to who will make educational and healthcare decisions for them.

4) Conciliation

For custody and visitation, some states and counties compel parents to attend mediation. You and your husband will meet with a neutral mediator who will assist you in reaching an agreement on child custody, parenting plans, and visitation during mediation.

5) Hearings in Court

If mediation fails or is not necessary, and you are unable to reach an agreement on your own, your case will be heard by a judge. You will be given the opportunity to present your case. The judge may consult mental health professionals to determine what is best for your child, and a guardian ad litem may be appointed to represent your child’s interests.

During your divorce, you may have several hearings. If the final custody decision takes a long time, the court will issue temporary custody and support orders that you and your husband must comply.

6) Divorce Decree/Order

Your divorce will be finalized by a court, who will issue orders for custody, parenting time/visitation, and child support.

7) Divorce Decree Appeals and Modifications

There are options for appealing a court order if you disagree with it. Similarly, if something significant happens in your life that affects custody or child support, you can petition the court to alter the order by filing a request to modify child support or child custody (with the court).

If I have children, can I get a divorce without a fight?

If you and your ex-partner agree on the following, you can achieve an uncontested divorce with children.

The physical custody split (which is usually 50/50)

Parenting time (does one parent have custody of the children on weekends or during specific holidays?)

Parental responsibilities (driving to school activities, vacations, purchasing clothing, paying for insurance or cell phones, etc.)

Who is in charge of major decisions? (schooling, healthcare, religion, etc.)

Payments for child support and a payment schedule

You must also agree on all other aspects of the divorce, such as property division and alimony.

It is difficult to get an agreement on these issues during such a trying time. To obtain an agreement, some “unofficial” conversations may be required. You can bypass arguing in court or mediation and go straight to making the plan official once you’ve both agreed on it.

Because there are so many aspects to consider when it comes to child custody, many people choose to have their divorce agreements reviewed by lawyers before submitting them to the court. Limited scope representation is what it’s called.

Can I challenge a court order if I have children?

Most judges are willing to accept child support appeals, changes in your financial condition, unsafe living situations, and requests for more or less time with your children. An attorney can advise you on the appropriate course of action to take in these situations as well as the anticipated outcome.

Because it’s difficult to forecast what life will be like after a divorce, it’s usual for parents to renegotiate child support and custody agreements as their circumstances change. When your preschooler becomes 16, wants a car, and needs car insurance, the agreement that made sense for them will most likely need to change.

Putting Your Children First During Divorce

Children are impacted by divorce, according to research. Even if you try to keep children out of the divorce proceedings, this is a big adjustment for them, and they’ll pick up on your feelings. Divorce may isolate your child from their peers or school, or it may cause them to have unfavorable feelings against one parent or the other. It may limit the amount of time and attention each parent may devote.

An expert divorce lawyer can advise you on the best methods to help your children feel secure in their new lives (such as keeping the family home) while also assuring their financial security. Your county judge’s role is to make sure that everyone is thinking about your child’s best interests.

While the change is significant, you can attempt to make the transition easier for your children while still protecting your parental rights. Here are a few things to remember:

1. When deciding custody, judges pay special attention to the children.

In a divorce involving children, the judge’s responsibility is to evaluate what is in the child’s best interests. When it comes to the following issues, the judge is likely to prioritize your child’s demands over your own:

Keeping siblings, half-siblings, step-siblings, adoptive siblings, and other family members together.

Assigning a child custody or co-parenting schedule that favors one parent over the other (most courts assume 50/50 child custody)

Choosing a larger or lower level of child support than you anticipated

If you or your ex-spouse have remarried or have other children, you should reconsider custody or financial orders.

Choosing between two homes the most stable environment

Limiting your child’s exposure to new situations (such as keeping them at the same school or home)

While it may appear that judges are siding with one side or the other, most state statutes prioritize the best interests of minor children over the interests of other family members.

2. Think about keeping your children out of court.

Addiction, cheating, criminality, fraud, domestic violence, financial troubles, and other pressures may be discussed with your children. Children who are old enough to comprehend these issues may need to speak with you before everyone goes to court.

Because the repercussions of divorce are unique to each family, the process may take longer than expected or necessitate the involvement of specialists to speak with your children.

To help lighten the process, soothe uncomfortable themes, and make the transition for children, divorcing parents may choose to try approaches like mediation or alternative dispute resolution (ADR). Note that divorces involving criminal problems (such as child abuse or a parent losing all of their assets due to fraud) almost always require the assistance of a judge.

Because most divorces are no-fault, your child will not be called to testify against one of the parents. You can, however, invite your child to speak, or a judge may ask them to testify, if it is important to the case. This is uncommon, although it could happen if there is a problem with harassment or abuse.

3. Children may be able to express their preferences for custody.

Your children will be directly involved in the procedures on occasion. This changes based on the age and health of the child. Some states enable children as young as 12 years old to choose which parent they wish to live with, and many courts will allow even young children to weigh in on custody issues. Rather than a big courtroom, this is usually done in a private meeting with the judge.

Older children may be able to express themselves, and judges in many states will take their preferences into account unless the child is in danger.

The age at which a child can provide feedback is determined by state regulations and specific judges. Consider the following scenario:

At the age of 14, California will allow children to express their preferences for who they wish to live with.

Minors in Washington are not allowed to give their opinions unless the judge specifically demands it.

Wyoming judges can take into account the wishes of minors aged 12 and up.

This also works the other way around. The courts will take into account a child’s wishes if he or she chooses to live with one parent but later refuses visitation with that parent. If the state law allows it and the youngster is capable of explaining their reasoning, they will be able to participate.

For a youngster, speaking with a judge can be frightening, but court advocates attempt to make the process as relaxing as possible and allow the child to express his or her true sentiments.

When it comes to divorce, do adult children have a say?

A child above the age of 18 does not have a legal say in your divorce, according to the law. The child’s and parent’s personal preferences will determine where you live, how much you pay for their needs, and how much time they spend with each parent.

If you have a child with special needs or who is over 18 but incapacitated, this problem becomes more challenging. You may need to arrange a guardianship agreement in those circumstances.

If your child will require assistance for the remainder of their lives, additional arrangements (such as a special needs trust) can be addressed.

Need a Divorce Lawyer in Scottsdale or Phoenix?

(480) 744-7711
INITIAL CONSULTATION

As proven legal counsel in family court, we have a network of Arizona attorneys, expert witnesses, mediators, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyers, divorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Marriage
0
Regular Post
Written by Canterbury Law Group

Pros and Cons of Filing Chapter 7 Bankruptcy

What is Chapter 7 Bankruptcy

In the United States, Chapter 7 bankruptcy is one of the most powerful debt relief options. It can assist customers in escaping poverty and giving them a fresh start. It allows you to start again by wiping your debts. However, bankruptcy is a personal choice, and you should carefully examine if it is the best option for you. The advantages and disadvantages of Chapter 7 bankruptcy are discussed in this article.

(480) 744-7711
INITIAL CONSULTATION

What are the Benefits of Filing for Bankruptcy under Chapter 7?

An immediate sense of relief in the form of a much-needed breathing spell

You are protected from creditors as soon as your bankruptcy case is filed with the bankruptcy court. When you file for bankruptcy, all collection operations are automatically halted. All phone calls, garnishments, and collection letters must cease immediately. Repossessions, evictions, and foreclosures were all put on hold for the time being.

A bankruptcy discharge provides permanent debt relief.

Most sorts of debt, including credit card debt, medical bills, and personal loans, are erased when you file Chapter 7 bankruptcy. When the bankruptcy court grants you a bankruptcy discharge, you no longer have to pay these sorts of unsecured debts.

It’s almost certain that you’ll get your bankruptcy discharged.

You can achieve your bankruptcy discharge in as short as three months if you’ve never filed bankruptcy before, pass the means test, and act honestly with the bankruptcy court and the bankruptcy trustee. It’s virtually automatic if you make sure you meet all conditions before and after filing your bankruptcy petition.

You’ll almost certainly get to keep all you own.

More than 95 percent of people who file Chapter 7 bankruptcy in the United States keep everything they own. This is because certain property, known as exempt property, is protected from creditors under the law. If it’s covered by an exemption, you get to retain it, whether it’s your monthly social security check, your watch, or your kitchen table.

You can even keep your car after filing for bankruptcy if you want to.

You’ll still have to pay for it, but isn’t that just? If you don’t want to keep it, though, Chapter 7 bankruptcy permits you to walk away from both the car and the loan! Here’s all you need to know about preserving your car after declaring bankruptcy under Chapter 7.

Missed monthly payments and other negative entries on your credit report no longer affect your credit score after bankruptcy.

When your bankruptcy is discharged, you will be given a clean slate on which to rebuild your credit and raise your credit score. One year after filing Chapter 7, the majority of folks have a higher credit score than they did when they first started the bankruptcy process.

Improved Credit and Banking Access

You’ll get more credit card offers than you know what to do with shortly after you file for bankruptcy. This will not only assist you in rebuilding your credit and increasing your credit score, but it will also provide you with the security net that comes with owning a credit card in the event of an emergency.

What are the Disadvantages of Chapter 7 Bankruptcy?

Filing for bankruptcy under Chapter 7 is not for everyone. Even if it appears to be the best debt relief choice for you, once you consider some of the disadvantages of Chapter 7, it may not be.

If you earn too much money, you won’t be able to file Chapter 7.

If you earn less than the median income, you may be perplexed as to how this is even feasible. Don’t be concerned; this isn’t about you. This refers to people who have money left over after paying their basic living needs.

The means test determines whether or not you have disposable income. You won’t be able to simply walk away from your debt if you have too much disposable income. While you won’t be able to file for Chapter 7, you will be able to acquire a bankruptcy discharge if you complete a Chapter 13 repayment plan.

If you have good credit, it will almost certainly suffer a temporary setback.

Those who are able to make their monthly payments on time and maintain a high credit score before filing for bankruptcy will notice their score dip at first. However, a bankruptcy filing frequently benefits the filer’s credit score more than it hurts it. Plus, after their bankruptcy is discharged, they can immediately start working on improving their credit score.

It does not completely eliminate all unsecured debts.

Some unsecured debts, such as alimony and child support, are not dischargeable in bankruptcy. Other debts, such as tax debts and student loans, can be difficult to discharge in bankruptcy.

Certain forms of property can be lost.

The obligation to give up certain pricey objects is one of the trade-offs for achieving a bankruptcy discharge in a handful of months. Property that is not exempt from the bankruptcy trustee’s ability to sell to pay creditors in a Chapter 7 bankruptcy case is uncommon.

If you hold valuable property that you don’t want to lose, you should consult a bankruptcy attorney. Then you’ll know whether that’s a real possibility for you, and if it is, whether filing Chapter 13 is a better debt relief choice.

Others are not protected by your Chapter 7 bankruptcy filing.

Only your obligation to pay the debt is eliminated when you file for Chapter 7 bankruptcy. It does not relieve anyone else of their debt. The only sort of bankruptcy that can protect a co-signer is Chapter 13, but that only works if you pay off the debt under your repayment plan.

What are the advantages and disadvantages of filing for Chapter 13 bankruptcy?

For those in need of a fresh start, both Chapter 7 and Chapter 13 bankruptcy are viable possibilities. However, the benefits and drawbacks of Chapter 13 bankruptcy differ significantly from those of Chapter 7. Chapter 13 bankruptcy may be ideal for you if you have a lot of disposable income or non-exempt assets you want to protect. Learn more about the benefits and drawbacks of Chapter 13 bankruptcy in this article.

Bankruptcy is a costly process.

For Chapter 7 cases, the bankruptcy court imposes a $338 filing fee. You must pay this filing fee if your income exceeds 150 percent of the federal poverty level. If you can’t pay the amount all at once, you can file your case and pay the charge in up to four installments. However, if you do not pay it in full, the court will dismiss your lawsuit.

You’ll have to pay their attorney fees in addition to the court filing expenses if you employ a law firm or a bankruptcy lawyer to assist you. This normally amounts to around $1,500, which must be paid before your case can be filed. This is in addition to the filing fee and the cost of the required credit counseling classes.

Hiring the correct bankruptcy lawyer for your case might be a wonderful investment depending on your financial condition and the goals you want to achieve with your bankruptcy petition. However, many Chapter 7 cases are straightforward and can be finished without the assistance of a lawyer.

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business Bankruptcy, Chapter 7 Bankruptcy, Creditor Representation, Chapter 5 Claims, Chapter 13 Bankruptcy, Business Restructuring, Chapter 11 Bankruptcy, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

bankruptcy, Chapter 7 Bankruptcy
0
Regular Post
Written by Canterbury Law Group

What Do Criminal Defense Attorneys Do?

What Do Criminal Defense Attorneys Do?

During the course of a criminal case, a criminal defense lawyer plays a variety of functions. He or she is in charge of defending someone who has been accused with a crime.

(480) 744-7711
INITIAL CONSULTATION

The Case’s Assignment

The defendant may seek a criminal defense counsel personally or the court may assign the case to one. Many criminal defense lawyers work for the public defender’s office and are compensated by them. Local, state, and federal courts appoint them to cases. Private firms recruit other criminal defense lawyers. Some criminal defense lawyers have their own law firm that they manage. Due to the referral procedure and the payment coming from individuals other than defendants, public defenders are paid less than private lawyers and have a larger case load. In some situations, a court may appoint a private attorney to represent a client.

Interview with Regards to the Case

When the criminal defense lawyer has the opportunity to meet with the client in person, he or she should strive to learn as much as possible about the case. He or she can learn about possible defenses, as well as the case’s strengths and weaknesses, by asking specific questions regarding the case. This necessitates a detailed and rigorous interrogation of the defendant.

The Case Is Being Investigated

He or she must not only ask the criminal defendant pointed questions regarding the case, but also conduct more investigation into the case to determine any possible routes of acquittal. This frequently entails interrogating police officers about the processes they employed in the case. It could also entail speaking with witnesses who have information about the case and gathering data on the case. All of this material is used to try to put together a good case defensively. If an expert witness is called to testify in the case, the criminal defense attorney may question him or her about the testimony and evidence that will be presented.

Before the case is presented to the jury, a criminal defense counsel has the right to assess the prosecution’s case. This permits him or her to look for flaws in the prosecutor’s case and try to locate evidence that could disprove it, such as hiring an independent lab or expert to evaluate evidence in the case.

Evidence Evaluation

Analyzing the evidence against a criminal defendant necessitates a thorough examination of the facts and hypotheses of the case by a criminal defense attorney. He or she could have evidence evaluated by a third party. He or she may also study the material to see if there are any legal ideas that work against his or her client’s conviction.

Contact with the Client Continued

A criminal defense lawyer must communicate with his or her client on a regular basis to explain any developments in the case and to keep him or her up to date. The lawyer must ensure that the client’s conversations are kept private. The lawyer must also ensure that the client receives information regarding the case so that he or she has a better knowledge of the potential outcomes.

Selection of the Jury

The jury selection procedure is aided by a criminal defense attorney. He or she may seek to have jurors dismissed for cause if he or she believes they are biased against the defendant or simply has a terrible feeling about a possible juror.

Bargaining for a Plea

A criminal defense lawyer is also in charge of discussing the state of the case with the prosecution and negotiating any possible plea bargain. A criminal defense lawyer may be able to help the defendant negotiate a good agreement that results in the charges or punishment being reduced.

Participation in the trial

During the trial, a criminal defense lawyer argues for his or her client. He or she interrogates witnesses, cross-examines state witnesses, and tries to persuade the jury that the prosecution has not met its burden of proof.

Sentencing

A criminal defense lawyer can represent the defendant during the sentencing phase if the criminal defendant is sentenced for the offense, whether he or she accepted a plea deal or was convicted by a judge or jury. He or she may discuss elements that will persuade the judge or jury to shorten the defendant’s sentence and discuss possible alternatives to incarceration.

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Criminal Defense, Criminal Law
0
Regular Post
Written by Canterbury Law Group

What Not to Do Before Filing Bankruptcy

What Not to Do Before Filing Bankruptcy

Before you file for Chapter 7 or Chapter 13 bankruptcy, there are a few things you should avoid.

(480) 744-7711
INITIAL CONSULTATION

When you’re under financial strain, it’s tempting to do whatever it takes to get out of it. However, most people find that preparation ahead of time makes a bankruptcy case go more easily. You’ll learn why you shouldn’t perform the following things in this article:

  • File at an inopportune time
  • Unnecessarily use retirement funds
  • Carelessly or improperly fill out bankruptcy paperwork
  • Take out a credit card to buy luxury goods and services, or take out a cash advance.
  • Property should not be sold or transferred for less than it is worth.
  • Only pay your preferred creditors.
  • Before acquiring a significant asset, such as an inheritance, you should file a tax return.
  • If you don’t file your tax returns, you’ll be fined.
  • Finally, understand about the distinctions between Chapters 7 and 13 to prevent picking the wrong bankruptcy chapter.

Don’t Make Hasty Decisions About Bankruptcy

  • Bankruptcy is a good way to get rid of debt, but you’re only entitled to a bankruptcy discharge (the order that wipes away your debt) once in a while. As a result, it’s a good idea to consider whether now is the right time to file or if you’ll need to file later. You can get a Chapter 7 discharge if you meet the following criteria:
  • During the waiting period, you may find yourself in a worsening financial situation. For example, if you’re sick and racking up medical debt, you’ll probably want to wait until your health improves. Be aware of other frequent issues that may arise, such as unemployment, eviction, foreclosure, and vehicle repossession.
  • You won’t be able to declare another Chapter 7 bankruptcy if you’ve already done so. A creditor may garnish your wages (remove money from your paycheck), levy (confiscate) your bank account funds, or seize valuable property. Alternatives to Chapter 13 bankruptcy, which are less effective, would most likely be available. You may not be eligible for another discharge depending on how long it has been since you filed Chapter 7. Not only would you need enough income to qualify, but you’d also have to pay back all of your discretionary income (what’s left over after allowing for living expenditures) during a three- to five-year repayment period.
  • However, there are situations when it is in your best advantage to file for bankruptcy right away. If you have a wage garnishment in place, for example, the sooner you file, the more money you’ll have to pay your expenses.
  • When a creditor files a lawsuit against you, you’ll want to file as soon as possible. Your lawyer will look over the complaint to see if it contains a fraud accusation. If that’s the case, filing for bankruptcy before the matter gets to trial will almost certainly be the wisest option. If the case gets to trial, you won’t be able to discharge the debt in bankruptcy.
  • Furthermore, if a creditor receives a money judgment, the lien rights that come with it allow the creditor to garnish your earnings, attach your bank accounts, repossess your automobile, and foreclose on your home. In most circumstances, filing for bankruptcy before the creditor wins the case will put an end to the lawsuit and wipe out the debt.
  • Because bankruptcy only provides limited protection against liens, it’s best to file your case before the creditor receives a judgment and liens are placed on your property. If you’ve been served with a lawsuit, you should contact a bankruptcy lawyer as quickly as possible because this is a tricky field.
  • Most retirement funds are protected in bankruptcy. As a result, one of the most common financial blunders people make before filing for bankruptcy is taking money out of their retirement accounts to pay off debts that bankruptcy could eliminate.
  • Speak with an experienced bankruptcy attorney before paying off your bills this way. If you file for bankruptcy before emptying your savings, you’ll likely be in a considerably better financial situation.
  • You must submit complete and correct information about all of your assets, debts, income, expenses, and financial history on your bankruptcy application under penalty of perjury. Assume you willfully distort your information, for example, by omitting to disclose a financial asset. In that instance, you could face criminal penalties such as fines of up to $250,000, a sentence of up to twenty years in prison, or both.
  • If you don’t complete all of the documentation, the bankruptcy court may dismiss your case, or you may be required to file extra papers and pay additional fees to fix the paperwork. If you don’t include a creditor, the debt may not be discharged. In addition, if you forget to list an asset, the Chapter 7 trustee may discover it and seize it.
  • Because bankruptcy offenses are investigated by the Federal Bureau of Investigation (FBI), bankruptcy court is not the place to be less than honest. Most bankruptcy lawyers will be able to help you find a suitable solution to your predicament. Consult a bankruptcy professional if you’re unsure about the consequences of your conduct.
  • Be cautious if you accrued debt in the 70 to 90 days before filing bankruptcy (unless it was for life necessities, such as food, clothing, and utilities). The creditor may object to your discharge on the grounds that you took out the debt without intending to repay it (called fraud). If you took out a cash advance or used a credit card to buy a luxury item within 70 to 90 days of declaring bankruptcy, you’ve committed “presumptive fraud” and may not be eligible for a debt discharge.
  • While bankruptcy schedules require you to include all of the assets you own (or will own), some people may be tempted to sell, move for safekeeping, or hide assets before filing bankruptcy. It’s not a good idea. If you do, you may be denied a release and perhaps face criminal charges—and the danger is unlikely to be worth the perceived benefit.
  • Of course, you may have sold property before filing your bankruptcy to cover your expenses, such as rent, food, or utilities, and this isn’t necessarily a bad thing to do. Prepare to explain all of your transactions and offer supporting documents if needed.
  • This may be considered a “preferential transfer” if you repay loans to friends or relatives within one year of filing, or even other creditors within 90 days of filing. In bankruptcy, a preferred transfer might be “undone.”
  • The bankruptcy trustee may launch an adversary proceeding to recover the monies from the person or company you paid, and then distribute the funds to all of your creditors in equal shares. If you were paying a regular creditor, this might not be an issue. You might be concerned if the trustee sues your mother or sister to reclaim the funds.
  • If you are about to receive an inheritance (within one year), a big income tax refund, a litigation settlement, or payback of a loan you made to someone else, you should think again about filing bankruptcy. Why? Because you might not be bankrupt once you obtain the money—especially if you can use it to pay off creditors and get out of debt on your own. If you find yourself in this scenario, talk to a bankruptcy lawyer about your options.

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business Bankruptcy, Chapter 7 Bankruptcy, Creditor Representation, Chapter 5 Claims, Chapter 13 Bankruptcy, Business Restructuring, Chapter 11 Bankruptcy, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

bankruptcy
0
Regular Post
Written by Canterbury Law Group

Uncontested Divorce Costs 2021

Types of Divorce in Arizona

Divorce is not only an emotionally draining experience, but it can also be financially draining if you aren’t prepared and don’t consider all of your options. You can apply for an uncontested divorce if you and your spouse agree on the divorce, the distribution of your assets, and the care of your children, including custody, visitation, and child support.

(480) 744-7711
INITIAL CONSULTATION

If you’re considering divorce, you should be aware of the divorce procedure, your options, the length of time it will take to complete the legal proceedings, and the cost.

Without The Assistance Of An Attorney

You have a few options if you want to file for an uncontested divorce on your own. To begin, you and your spouse should fill out the necessary paperwork and submit it to your local family court. The court will then issue you with the necessary forms, such as a divorce petition and a parenting plan, which details your children’s care. You’ll appear in front of the court to finalize your divorce after filing your documents and waiting the time period necessary by your state’s laws. When filling out divorce forms, such as alimony, child support, and property division, make sure you know the laws in your state.

You could also use an online provider to petition for an uncontested divorce. In general, these services will guide you through the process of preparing and filing the divorce forms that your state requires. Check your state’s laws to see if filing for divorce online is allowed.

The cheapest option is to file for an uncontested divorce without the help of an attorney. Whether you file your documents yourself or with the help of an online service, you’ll have to pay around $300 to the court. In addition to the filing charge, using an online service can cost anywhere from $150 to $1,500, depending on the service and your specific situation.

With The Help Of A Lawyer

If you hire an attorney to represent you, he or she will fight for your rights and wants throughout the divorce process. If you have a complicated divorce or if you and your husband disagree on certain matters, hiring an attorney may be advantageous.

You can’t share an attorney with your soon-to-be ex because an attorney can only represent one spouse. Your lawyer will assist you in negotiating many areas of your divorce, such as property distribution, child custody, and debt settlements. Once all essential paperwork have been filed and a court date has been established, your attorney will accompany you to court and present your case to the judge for a final decision.

The cost of hiring an attorney for an uncontested divorce is cheaper than for a disputed divorce. However, if your case is more complicated or if it is a contested case, your attorney expenses will rise.

A retainer, or down payment, of $2,500 to $5,000 is usually required of your divorce attorney. Until the retainer money runs out, your attorney will charge you against it. You may be required to pay an extra retainer or your attorney may bill you by the hour after that. The average hourly legal cost is between $150 and $400.

Through the Process Of Collaboration

Collaborative divorce is a third option that has gained popularity in recent years. This sort of divorce is a cross between hiring an attorney and mediation, in which both spouses work together to solve their problems.

Each side in a collaborative divorce has an attorney who is conversant with the procedure. Each party promises to work together to solve their problems. If the parties are unable to reach an agreement on specific concerns, they may take their dispute to court. Depending on the intricacy of your case, a collaborative divorce can cost as little as $10,000.

You can acquire a divorce in a variety of methods, and the charges vary. Make sure to look into your state’s laws to see what options are open to you. If you and your husband/wife believe you can reach an agreement on important issues, an uncontested divorce may be the best option for you.

Need a Divorce Lawyer in Scottsdale or Phoenix?

(480) 744-7711
INITIAL CONSULTATION

As proven legal counsel in family court, we have a network of Arizona attorneys, expert witnesses, mediators, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyers, divorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Marriage
0
1 … 21 22 23 24 25 … 43