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

  Is a pre-nup enforceable if the party who has to shell out the money declares bankruptcy? Tim Cella used to work at several law firms Short answer is yes and no. Let me explain. A prenuptial agreement is an enforceable contract between two parties entering into a marriage even if a party files for bankruptcy. Filing bankruptcy only means that a party may possibly not have to pay back a debt that is owed depending on the chapter of bankruptcy is filed and whether a discharge is entered by the court. Remember, filing for bankruptcy is not the same thing as receiving a discharge. The pre-nup typically outlines the division of assets and liabilities should the marriage end in divorce. In the event that one of the parties declares bankruptcy, the prenuptial agreement may still be enforceable, depending on the circumstances. If the party who is obligated to pay out money in the prenuptial agreement declares bankruptcy, his or her creditors may be able to take the assets specified in th...

  Can an individual file a criminal case? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) In the State of Utah the answer is no. The process works like this: Individuals can report crimes to the police. The police investigate crimes and screen their findings with the prosecutor. The prosecutor then files a criminal case if the prosecutor believes there is enough evidence to convict the defendant of a crime or crimes. In Utah, criminal cases are filed in the district court by the government district attorney (also known as a prosecutor). An individual may not file a criminal case. The government has the exclusive right to bring criminal charges, and private citizens do not have the authority to bring criminal charges. So, if you think a crime has been committed, you as an individual may be able to file a complaint with the police or other law enforcement agency that may lead to a criminal investigation and possible criminal charges. An individual may also ...

  Is it illegal to help a person if he insisted he doesn’t need it? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Good question. This really depends. In the United States, there is no general legal prohibition against helping someone who insists they don't need it. However, depending on the nature of the help, there may be criminal laws prohibiting certain types of assistance. For example, if an individual assists another person in committing a crime, they may be held criminally liable for aiding and abetting the other person. Additionally, if an individual provides assistance to another person in a dangerous situation where the individual is unable to make an informed decision, they  may face civil liability for negligence . On the other hand, there are situations in which providing help to someone who insists they don't need it may be morally and ethically appropriate. For example, if an individual is in need of medical care and is unable to make...

  Why do most criminal trials end in guilty verdicts? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) This is a good question. You know, before a prosecutor brings charges against someone, they “screen” the case to make sure that there is sufficient evidence to convict the defendant; otherwise, it’s not with the time and effort to bring charges. So if there isn’t sufficient evidence to prove the defendant's guilt beyond a reasonable doubt, charges are never brought. This is because the burden of proof lies with the prosecution, and it is their responsibility to present enough evidence to establish guilt. You’ve probably heard that the standard of proof in criminal trials is higher than in civil trials, as the consequences of a guilty verdict may involve incarceration and other serious penalties. I also think that the majority of  criminal cases  never go to trial. They are resolved through plea bargains, whereby the defendant agrees to plead gui...

  In divorce cases, does family court usually favor mothers? Tim Cella used to work at several law firms Personally, I’ve seen both scenarios where fathers are favored and vice-versa. It is a common belief that family courts typically favor mothers in divorce cases. However, the reality is that family courts strive to make decisions in the best interest of the children, regardless of the gender of the parent. When making decisions regarding child custody and visitation, family courts use a standard of " the best interests of the child. " This standard is gender-neutral and considers a variety of factors including the child's relationship with each parent, the child's physical and emotional needs, the child's age, the parents' financial situation, and the child's educational needs. In other words, the court is not predisposed to favor either the mother or father, but rather seeks to determine what arrangement is best for the child. Similarly, when making de...

  First off, I’m not an attorney and not licensed anywhere. With that said, I’m pretty sure that in Illinois, divorce attorneys typically charge an hourly rate for their services. This rate can vary drastically depending on the attorney’s experience, the complexity of the divorce case, and the geographic location of the attorney’s office. The rate can range anywhere from $150 to $550 per hour or more. Attorneys may also charge a flat fee for a particular service such as preparing a settlement agreement or filing a motion. In addition to the hourly rate, attorneys may require their clients to pay a retainer fee. A retainer fee is a flat fee paid upfront to secure the services of the attorney and cover the cost of the initial consultation. The retainer fee is typically non-refundable and is applied to the hourly rate as the divorce case progresses. Attorneys  may also require their clients to reimburse them for any out-of-pocket expenses incurred during the course of the divorce...