It is important to realize that bankruptcy does not necessarily allow you to avoid paying back every kind of debt. For public policy reasons, several kinds of debts are specifically excluded from discharge in bankruptcy. The most common debts which cannot be discharged are child support obligations, spousal support, criminal restitution and fines. Some other types of debts are dischargeable in some circumstances but not others – for example, debts from taxes, bad checks and the fraudulent use of a credit card may not be erased. Student loans are sometimes but very rarely discharged, and if they are discharged, it does not happen automatically. The details of your own particular situation should be discussed with a lawyer or other knowledgeable person before you begin bankruptcy proceedings.
For more information contact an attorney or visit Discount Divorce & Bankruptcy
Tuesday, December 6, 2011
Wednesday, November 30, 2011
Common Misconception about Legal Separations
It is a common misconception that some people have that a legal separation is a shortcut to ending a marriage in Arizona. The practical truth is that legal separations can take just as much time, effort and resources as a divorce. That's because they involve pretty much identical issues as divorces --property division, debt division, child custody, visitation, child support, alimony, etc. Legal separations can end up going to a full-on trial, not to mention temporary evidentiary hearings prior to trial. Thus, if you're looking for a shortcut, a legal separation may not be the answer.
Furthermore, legal separations end with you still being officially married. Although everything has been divided up, you remain married, meaning that neither may legally remarry if that special someone comes along. In my experience with legal separations one party or both almost always later decide that they want a full divorce with more paperwork that must be submitted to the court to convert the legal separation to a divorce, resulting in more time and expense.
So, if you want to same time and money, and you know you’re headed for a divorce anyway, just start off filing for the divorce in the first place. If you honestly believe the marriage can be saved and you just need time apart, then a legal separation maybe the best course of action.
For more information vist Discount Divorce & Bankruptcy
Furthermore, legal separations end with you still being officially married. Although everything has been divided up, you remain married, meaning that neither may legally remarry if that special someone comes along. In my experience with legal separations one party or both almost always later decide that they want a full divorce with more paperwork that must be submitted to the court to convert the legal separation to a divorce, resulting in more time and expense.
So, if you want to same time and money, and you know you’re headed for a divorce anyway, just start off filing for the divorce in the first place. If you honestly believe the marriage can be saved and you just need time apart, then a legal separation maybe the best course of action.
For more information vist Discount Divorce & Bankruptcy
Wednesday, November 16, 2011
Dangers and Pitfalls of Doing Legal Documents Yourself
Not all marriages fail for the same reason. Nor is there usually one reason for the breakdown of a particular marriage. There for there is no "one-size-fits-all" set of documents for divorce. Many divorce document form publication companies will try to mislead you into thinking there is. Doing your own divorce paperwork means hours of research through hundreds of pages of court rules and statutes, and sorting through divorce papers.
People that try to do it themselves with self-help packets thinking they have saved themselves money, only discover later that their documents were rejected by the court months later for not addressing the issues correctly. Still other's with self-help packets get their cases thrown out for not following court procedures correctly.
Although it is possible for people to represent themselves in court, they must follow the same rules and procedures as attorneys. This means that ignorance of procedures is no excuse. Any papers required to be filed with the clerk of the court must be in the proper form and filed on time. The judges, clerks and staff of the court are not permitted to give legal advice.
While there is certainly nothing to be ashamed of, it has been our experience that the average (or even above average person) who is not familiar with the Divorce preparation process has a VERY difficult time preparing their own paperwork and successfully navigating the State Family Court. Divorce cases often involve important issues about child custody and parenting time, property and debt division, or child and spousal support.
With Discount Divorce & Bankrutpcy we take care of everything for you. Divorce is rarely easy, but it doesn't have to drain your pocketbook or your emotions. When you use Discount Divorce you get all the completed divorce papers you need to finalize your divorce plus we do all the court filing and process service.
For more information see Discount Divorce FAQ section
People that try to do it themselves with self-help packets thinking they have saved themselves money, only discover later that their documents were rejected by the court months later for not addressing the issues correctly. Still other's with self-help packets get their cases thrown out for not following court procedures correctly.
Although it is possible for people to represent themselves in court, they must follow the same rules and procedures as attorneys. This means that ignorance of procedures is no excuse. Any papers required to be filed with the clerk of the court must be in the proper form and filed on time. The judges, clerks and staff of the court are not permitted to give legal advice.
While there is certainly nothing to be ashamed of, it has been our experience that the average (or even above average person) who is not familiar with the Divorce preparation process has a VERY difficult time preparing their own paperwork and successfully navigating the State Family Court. Divorce cases often involve important issues about child custody and parenting time, property and debt division, or child and spousal support.
With Discount Divorce & Bankrutpcy we take care of everything for you. Divorce is rarely easy, but it doesn't have to drain your pocketbook or your emotions. When you use Discount Divorce you get all the completed divorce papers you need to finalize your divorce plus we do all the court filing and process service.
For more information see Discount Divorce FAQ section
Tuesday, October 25, 2011
Arizona Alimony (Spousal Support)
Arizona spousal maintenance issues often constitute the most financially significant issue in a divorce case. An award of spousal maintenance will have a significant impact upon the future lifestyle of the spouse ordered to pay that support, as well as the lifestyle of the spouse seeking that support.
Arizona alimony awards are decided after the consideration and evaluation of a multitude of statutory factors and should, at a minimum, include a review and understanding of the following spousal maintenance factors:
Whether the spouse seeking spousal maintenance has sufficient property, including community property apportioned to that spouse, to provide for his or her reasonable needs;
Whether the spouse seeking spousal maintenance is able to become self sufficient through appropriate employment or is the custodial parent of a child whose age or condition is such that he or she should not be required to seek employment;
Whether either spouse has contributed to the educational or career opportunities of the other spouse;
Whether the spouses had a lengthy marriage or a spouse is of an age that precludes the possibility of gaining employment adequate to allow that spouse to be self sufficient;
The standard of living established during the marriage;
The age, employment history, earning ability, and physical and emotional condition of the spouse seeking spousal maintenance;
The ability of the spouse from whom spousal maintenance is sought to meet his or her needs while meeting the financial needs of the other spouse;
The comparative financial resources of the spouses, including their comparative earning abilities in the labor market;
The extent to which the spouse seeking spousal maintenance has reduced his or her income or career opportunities for the benefit of the other spouse;
The ability of both parties after the divorce to contribute to the future educational costs of their mutual children;
The time necessary to acquire sufficient education or training to enable the spouse seeking spousal maintenance to obtain appropriate employment sufficient to support that spouse;
Whether a spouse has made excessive or abnormal expenditures or has concealed, destroyed, or fraudulently disposed of marital property; and
The cost of obtaining health insurance for the spouse seeking spousal maintenance.
Understanding all of these spousal maintenance factors and knowing how each of those spousal maintenance factors impact your case is crucial to securing the best possible outcome in your case.
For more information speak with a representive at discountdivorcepro.com
Tuesday, August 24, 2010
Common Law Marriages
Common law marriages are those that occur in an unofficial manner but that may be recognized in certain situations and places. Common law marriages can occur only in certain states. There are also likely to occur in countries outside the United States that have common law marriages, too.
However Arizona does not have common law marriges.
Moreover, Arizona has a specific statute relating to common law marriages:
Arizona Revised Statute §25-111 states as follows:
A. A marriage shall not be contracted by agreement without a marriage ceremony.
B. A marriage contracted within this state is not valid unless all of the following occur:
1. A license is issued as provided in this title.
2. The marriage is solemnized by a person authorized by law to solemnize marriages or by a person purporting to act in such capacity and believed in good faith by at least one of the parties to be so authorized.
3. The marriage is solemnized before the expiration of the marriage license.
C. The requirements of this section do not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage that complies with the requirements of section 25-902.
As you will note above, the statute states that for a marriage entered into in Arizona, certain requirements must be met. Specifically, Arizona requires a ceremony, license and an authorized person to conduct the ceremony (or at least believed to be authorized). Thus, you cannot marry via the common law method in Arizona. However, if a couple was legally married under the common law in another state, Arizona will recognize that marriage.
Typical, requirements for common law marriages in those states that recognize them may include:
1. The couple must hold selves out as married.
2. Continuous cohabitation by the couple.
3. The couple must meet all other requirements to marry in that state, for example:
a) No same sex marriages (a subject getting a lot of attention of late).
b) Age requirements must be met.
c) Neither party can be married to someone else.
d) No violations of a state's specific laws, such as those in Arizona Revised Statute §25-101.
To summarize:
1. No common law marriages can occur in Arizona.
2. If a person has a common law marriage in another state, Arizona
may recognize it.
3. Evaluating the legitimacy of a purported common law marriage means looking at the law of the jurisdiction where the marriage occurred.
If you have a common law marrige we suggest that you speak with an attorney for legal advice before proceeding with your divorce, legal separation, or annulment so that you may discuss your legal rights.
However Arizona does not have common law marriges.
Moreover, Arizona has a specific statute relating to common law marriages:
Arizona Revised Statute §25-111 states as follows:
A. A marriage shall not be contracted by agreement without a marriage ceremony.
B. A marriage contracted within this state is not valid unless all of the following occur:
1. A license is issued as provided in this title.
2. The marriage is solemnized by a person authorized by law to solemnize marriages or by a person purporting to act in such capacity and believed in good faith by at least one of the parties to be so authorized.
3. The marriage is solemnized before the expiration of the marriage license.
C. The requirements of this section do not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage that complies with the requirements of section 25-902.
As you will note above, the statute states that for a marriage entered into in Arizona, certain requirements must be met. Specifically, Arizona requires a ceremony, license and an authorized person to conduct the ceremony (or at least believed to be authorized). Thus, you cannot marry via the common law method in Arizona. However, if a couple was legally married under the common law in another state, Arizona will recognize that marriage.
Typical, requirements for common law marriages in those states that recognize them may include:
1. The couple must hold selves out as married.
2. Continuous cohabitation by the couple.
3. The couple must meet all other requirements to marry in that state, for example:
a) No same sex marriages (a subject getting a lot of attention of late).
b) Age requirements must be met.
c) Neither party can be married to someone else.
d) No violations of a state's specific laws, such as those in Arizona Revised Statute §25-101.
To summarize:
1. No common law marriages can occur in Arizona.
2. If a person has a common law marriage in another state, Arizona
may recognize it.
3. Evaluating the legitimacy of a purported common law marriage means looking at the law of the jurisdiction where the marriage occurred.
If you have a common law marrige we suggest that you speak with an attorney for legal advice before proceeding with your divorce, legal separation, or annulment so that you may discuss your legal rights.
Wednesday, August 27, 2008
Do I need a last will and testament?
It's never too early or too late to begin thinking about a last will and testament. You will want to ensure that you have provided instructions regarding the distribution of your assets.
Below is a decade-by-decade guide of what you should think about as you plan your estate.
Your 20s:
If you are in your 20s, this is the time to build the nest egg. You will want to consider putting aside a small amount each month (5-10% of your income) in an IRA for your retirement. Though it may not seem like much now, remember that this money can compound from hundreds to thousands and potentially to hundreds of thousands. It is key to remember to name beneficiaries for your accounts and keep them updated.
You probably own a car. You may have bought your first home already. Take some time to write down your assets, big and small, and make a list of who you would like to receive those things should something happen to you. Once you have your list of assets, you can create a will so that you can ensure a quick distribution of your assets.
Your 30s:
It's likely you've bought a house, gotten married and had children. With all these milestones, you will need to make sure that you have a last will or living trust in place to take care of your family and protect everything you have been saving. Once you have children, it is especially critical to create a last will so you can name a guardian for your children should something happen to you.
If you have amassed substantial assets by your thirties you may want to consider a living trust, which can help assure a fast distribution of your assets, avoid unnecessary taxes, and keep your wishes private.
You will also want to consider creating a living will and durable power of attorney in addition to your last will; these documents will enable you to name someone to take care of your financial affairs and make medical decisions if you become incapacitated.
Your 40s:
It is definitely time to sit down and create a last will or living trust. You have likely purchased a house and your children may be heading into junior high or high school. You need to have a list of your assets, including bank accounts, retirement funds, real estate, and others. Your first course of action should be to get beneficiary forms and make sure you have listed a beneficiary for each asset that allows you to do so: usually IRAs, 401ks, and life insurance policies. Take the time to create a will so that you can assign guardianship of your children and tie up any loose ends by properly allocating your property.
Chances are that you have acquired more substantial assets as well as many more responsibilities, like paying for a child's college education or getting your retired parents settled. You may also want to look into getting a life insurance policy to cover any large expenses like a mortgage or college tuition.
Your 50s:
You may still be helping children financially (college, weddings, grandchildren) as well as taking care of aging parents, so estate planning becomes even more crucial as you try to maintain your current responsibilities while preparing for your future.
You should periodically update it to make sure you've included all the beneficiaries—are there now grandchildren in the picture, for instance? Have you acquired or sold assets? Have you gotten married or divorced?
So what is next?
Follow these general guidelines and take the time to map out your estate plan by drawing up a will or living trust. Doing so will help ensure that your golden years will be as stress-free and enjoyable as possible. After all, you've earned it.
Below is a decade-by-decade guide of what you should think about as you plan your estate.
Your 20s:
If you are in your 20s, this is the time to build the nest egg. You will want to consider putting aside a small amount each month (5-10% of your income) in an IRA for your retirement. Though it may not seem like much now, remember that this money can compound from hundreds to thousands and potentially to hundreds of thousands. It is key to remember to name beneficiaries for your accounts and keep them updated.
You probably own a car. You may have bought your first home already. Take some time to write down your assets, big and small, and make a list of who you would like to receive those things should something happen to you. Once you have your list of assets, you can create a will so that you can ensure a quick distribution of your assets.
Your 30s:
It's likely you've bought a house, gotten married and had children. With all these milestones, you will need to make sure that you have a last will or living trust in place to take care of your family and protect everything you have been saving. Once you have children, it is especially critical to create a last will so you can name a guardian for your children should something happen to you.
If you have amassed substantial assets by your thirties you may want to consider a living trust, which can help assure a fast distribution of your assets, avoid unnecessary taxes, and keep your wishes private.
You will also want to consider creating a living will and durable power of attorney in addition to your last will; these documents will enable you to name someone to take care of your financial affairs and make medical decisions if you become incapacitated.
Your 40s:
It is definitely time to sit down and create a last will or living trust. You have likely purchased a house and your children may be heading into junior high or high school. You need to have a list of your assets, including bank accounts, retirement funds, real estate, and others. Your first course of action should be to get beneficiary forms and make sure you have listed a beneficiary for each asset that allows you to do so: usually IRAs, 401ks, and life insurance policies. Take the time to create a will so that you can assign guardianship of your children and tie up any loose ends by properly allocating your property.
Chances are that you have acquired more substantial assets as well as many more responsibilities, like paying for a child's college education or getting your retired parents settled. You may also want to look into getting a life insurance policy to cover any large expenses like a mortgage or college tuition.
Your 50s:
You may still be helping children financially (college, weddings, grandchildren) as well as taking care of aging parents, so estate planning becomes even more crucial as you try to maintain your current responsibilities while preparing for your future.
You should periodically update it to make sure you've included all the beneficiaries—are there now grandchildren in the picture, for instance? Have you acquired or sold assets? Have you gotten married or divorced?
So what is next?
Follow these general guidelines and take the time to map out your estate plan by drawing up a will or living trust. Doing so will help ensure that your golden years will be as stress-free and enjoyable as possible. After all, you've earned it.
Tuesday, June 17, 2008
New Consequences for Failing to Pay Child Support
ARIZONA -- 2007 Session Law – New Consequences for Failing to Pay Child Support
House Bill 2249, Chapter 246 (2007 Legislature)
Signed by Governor, June 13, 2007
PROFESSIONAL LICENSES AND CHILD SUPPORT PAYMENTS: A state law enacted last year has given the Arizona Department of Economic Security legal authority to suspend or revoke the professional license of someone who has deliberately failed to pay child support for more than six months. House Bill 2249 was passed by the legislature on June 11, 2007, and signed by the Governor on June 13, 2007.
The Division of Child Support Enforcement (DCSE) within the Department of Economic Security (DES) administers Arizona’s child support program. DCSE services include: a) finding noncustodial parents whose whereabouts are unknown; b) legally establishing paternity for children born out of wedlock; c) obtaining a court order indicating the monthly amount the noncustodial parent must pay to help support his or her child; and d) collection enforcement through income withholding, tax offsets, asset seizures and various other remedies.
The Department’s Division of Child Support Enforcement (DCSE) is getting the word out to professional groups, including physicians, physician assistants and real estate professionals that the DES will take appropriate action to collect past due payments, and that may include suspending or revoking the professional’s license to practice in Arizona. The obligor will not be issued a new license and cannot renew an existing license until the child support is paid or an arrangement for repayment is made (A.R.S. § 25-518).
Veronica M. Hart Ragland— Assistant Director of the DCSE — notes that about 95% of cases with child support obligations are delinquent. Many of those required to pay child support are self-employed and may hold a state of Arizona professional or occupational license or certificate. Licensing agencies, boards and commissions are participating in an automated reporting system that will enable the DCSE to contact those licenses who are delinquent. Ragland would prefer that those who owe child support fulfill their obligations without her division taking such drastic action. “While it is certainly not our goal to deprive people of the ability to work, we believe that our legal authority to revoke or suspend licenses will encourage compliance with the law to make child support payments,” Ragland says. For further information, or to make child support payment arrangements, individuals may contact DCSE Customer Service at (602) 252-4045, or outside Maricopa County, 1-800-822-4151.
Note: Information as appeared in the MCBA June Newletter
House Bill 2249, Chapter 246 (2007 Legislature)
Signed by Governor, June 13, 2007
PROFESSIONAL LICENSES AND CHILD SUPPORT PAYMENTS: A state law enacted last year has given the Arizona Department of Economic Security legal authority to suspend or revoke the professional license of someone who has deliberately failed to pay child support for more than six months. House Bill 2249 was passed by the legislature on June 11, 2007, and signed by the Governor on June 13, 2007.
The Division of Child Support Enforcement (DCSE) within the Department of Economic Security (DES) administers Arizona’s child support program. DCSE services include: a) finding noncustodial parents whose whereabouts are unknown; b) legally establishing paternity for children born out of wedlock; c) obtaining a court order indicating the monthly amount the noncustodial parent must pay to help support his or her child; and d) collection enforcement through income withholding, tax offsets, asset seizures and various other remedies.
The Department’s Division of Child Support Enforcement (DCSE) is getting the word out to professional groups, including physicians, physician assistants and real estate professionals that the DES will take appropriate action to collect past due payments, and that may include suspending or revoking the professional’s license to practice in Arizona. The obligor will not be issued a new license and cannot renew an existing license until the child support is paid or an arrangement for repayment is made (A.R.S. § 25-518).
Veronica M. Hart Ragland— Assistant Director of the DCSE — notes that about 95% of cases with child support obligations are delinquent. Many of those required to pay child support are self-employed and may hold a state of Arizona professional or occupational license or certificate. Licensing agencies, boards and commissions are participating in an automated reporting system that will enable the DCSE to contact those licenses who are delinquent. Ragland would prefer that those who owe child support fulfill their obligations without her division taking such drastic action. “While it is certainly not our goal to deprive people of the ability to work, we believe that our legal authority to revoke or suspend licenses will encourage compliance with the law to make child support payments,” Ragland says. For further information, or to make child support payment arrangements, individuals may contact DCSE Customer Service at (602) 252-4045, or outside Maricopa County, 1-800-822-4151.
Note: Information as appeared in the MCBA June Newletter
Subscribe to:
Posts (Atom)
Posts
