Rocky Mountain Law - Family Law - Divorce - Probate - Estate Administration - Bankruptcy - Chapter 7

  Should an attorney always be involved in a divorce, even if the other spouse does not hire one? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Just now I think I understand your question correctly. While it's not always mandatory to have an attorney involved in a divorce, it's generally in your best interest to have legal representation, even if your spouse chooses not to hire one. Here's why: Legal Expertise : Divorce law can be complex and varies by jurisdiction. An attorney can help you navigate these complexities and ensure you understand your rights and obligations. Objective Advice : Divorce is often emotionally charged. An attorney can provide objective, rational advice when you might be too emotionally involved to see things clearly. Protection of Rights : Even if the divorce seems amicable, an attorney can ensure that your rights are protected and that you're not unknowingly giving up important benefits or assets. Document Preparation : Proper prepara

  What are the consequences of a dismissed divorce filing? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) I guess there are a few consequences of dismissing a divorce case. First and foremost you remain married. This is perhaps the most immediate consequence. No legal changes occur regarding property division, spousal support, or child custody (if applicable). The second is that you wasted your money filing the case and if you spent money with a  divorce lawyer , that is lost too. I think the third and final consequence would be that a public record exists that you (or your spouse) filed for divorce. You can’t “undo” a divorce case filing — the record is still there. With that being said, if you are working on your marriage — good for you. Keep at it. I hope that helps.

  Can I choose jail instead of paying child support? Tim Cella used to work at several law firms That’s an interesting question. I’ve never seen anyone be able to “choose” jail over working to pay child support. In Utah, as in most jurisdictions, child support is a legal obligation intended to provide for the care and well-being of the child. Choosing jail over paying child support is typically not a viable option. The judge typically wants the parent to work to pay for the child support. If you fail to pay court-ordered child support, you could face enforcement actions such as wage garnishment, seizure of assets, suspension of driver's licenses or professional licenses, and even imprisonment for contempt of court. The court takes child support obligations very seriously and will usually enforce them rigorously to ensure the needs of the child are met; however, the goal is to get money into the system to pay for your child or children — not to put you in jail. I hope you found this

  Can an individual file for bankruptcy? Tim Cella used to work at several law firms Short answer: yes. Long answer: get a  bankruptcy lawyer  to help you. Individuals can file for bankruptcy under specific circumstances. Bankruptcy is a legal process that helps individuals or businesses that are unable to repay their debts to get a fresh financial start by liquidating assets to pay off debts or by creating a repayment plan. I’ve worked as a paralegal helping literally hundreds of people file for bankruptcy. Here are some key points regarding individual bankruptcy filings: Types of Bankruptcy for Individuals (most common) : Chapter 7 Bankruptcy : Also known as "liquidation bankruptcy," Chapter 7 involves the sale of nonexempt property to pay off creditors. Any remaining eligible debts are typically discharged. Chapter 13 Bankruptcy : Also known as "reorganization" or “wage earners bankruptcy” — Chapter 13 allows individuals to create a repayment plan to pay off debt

  What happens to a company's debt when it goes bankrupt? Is it erased or does someone else have to take responsibility for paying it off? Tim Cella used to work at several law firms I’ve been involved in several different bankruptcy cases with a  business lawyer . I’ll try to explain as best as I can. When a company goes bankrupt in the United States, what happens to its debt depends on the type of bankruptcy filed and the specific circumstances of the case. In general, bankruptcy provides a legal framework for managing debts that a debtor cannot repay. There are several chapters of bankruptcy in the US, but the most common ones for businesses are  Chapter 7 ,  Chapter 11 , and  Chapter 13 . 1.  Chapter 7 Bankruptcy : In Chapter 7 bankruptcy, also known as liquidation bankruptcy, the company's assets are sold off to repay creditors. Any remaining debts that are eligible for discharge are typically erased. However, it's essential to understand that not all debts can be disc

  What is the process for a divorce case after it is granted by the court? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) I’ve worked in several different  law firms  and the process is pretty straight forward. Here are the next steps: Final Decree of Divorce : The court issues a final decree of divorce, which is a formal document outlining the terms of the divorce, including property division, child custody, child support, and alimony if applicable. This decree becomes legally binding once it is signed by the judge. Implementation of Terms : Both parties are required to adhere to the terms outlined in the final decree of divorce. This may involve transferring property titles, making financial payments, or arranging custody schedules. Appeal Period : In Utah, there is typically a 30-day period after the final decree is issued during which either party can appeal the decision if they believe there are legal grounds for doing so. Enforcement of Decree : If one party fails to comp