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

  What are the consequences of not paying for a divorce? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Wow. There are a few. First off, let me tell you that you should do everything you can to pay for the  divorce . Not just from a moral and ethical standpoint, but legally, it’s the right thing to do. With that being said, there are some consequences. Here is a brief list: Delay in Divorce Proceedings:  If one party fails to pay their share of legal fees or court costs, it may lead to delays in the divorce process. The court may require both parties to resolve financial disputes before proceeding further. Contempt of Court:  If a court orders one party to pay for the divorce-related expenses, such as attorney's fees, and they willfully refuse or neglect to do so, they may be held in contempt of court. Contempt of court can result in fines, penalties, or even imprisonment in some cases. Asset Division:  In some cases, the court may co...

  Why does it cost money to get a divorce? This question previously had details. They are now in a comment. Tim Cella Former Paralegal at  Ascent Law  (2018–2021) The cost associated with getting divorced can vary widely depending on various factors, and there are several reasons why it often involves expenses. I’ve worked with a  divorce lawyer  before so I’m familiar with this. TLDR - there is a lot of stuff that happens in divorce and it is not fair for the government to bear the cost burden to separate you, your kids, your debts, your assets, etc. Here are the main reasons further explained: Legal Representation : Many individuals choose to hire an attorney to guide them through the divorce process. Attorneys provide legal advice, help with paperwork, negotiate settlements, and represent their clients in court if necessary. Attorney fees can vary significantly based on their experience, reputation, and the complexity of the case. Filing Fees : To i...

  How long is spousal support paid in California after divorce? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Spousal Support  is also known as alimony. In California, the duration of spousal support after divorce is not strictly defined and can vary depending on the circumstances of the case. According to the California Family Code, a general guideline is that the supported party should become self-supporting within a reasonable period of time, which is often considered to be one-half the length of the marriage. However, this is not a strict rule, and the court has discretion to order support for a greater or lesser length of time based on various factors, such as the duration of the marriage, the needs and abilities of each party, and other relevant circumstances. So my question to you is: what does your decree of divorce say? The decree is the law of the case — so whatever that says governs. I hope this has helped. Good luck!

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  If assets are hidden during a divorce, are they inaccessible after the divorce is finalized? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) I’ve said something like this before, both parties in a divorce are required under the law to disclose all of their assets. This is not like “hey, you’re supposed to tell the other side about your bank account” - this is the law. The full and honest disclosure of assets is  a requirement . If it is later discovered that assets were hidden during the divorce proceedings, there are legal mechanisms to address the issue, even after the divorce is finalized. The specific remedies can depend on the state's laws—in Utah, for example, the courts take such matters seriously. If hidden assets are discovered after the finalization of a divorce, the aggrieved party may file a motion to reopen the case based on fraud or non-disclosure. The courts can then potentially alter the original division of assets. Additionally, th...

  When should you consider bankruptcy instead of debt settlement? Tim Cella used to work at several law firms I’ve seen many people file bankruptcy over the years. The  law firm  I used to work at rarely did debt settlements. If you’re thinking about bankruptcy, things are probably far beyond debt settlement. I would consider the following in making your decision: Cost and Duration : Debt settlement can be a more lengthy and costly process than bankruptcy. If you engage a debt settlement company, you might pay fees as high as 20%-25% of your original debt​​. Bankruptcy, on the other hand, can offer immediate relief and a fresh start, though it also carries long-term consequences​​. Immediate Relief Needs : If you need immediate relief and are unable to pay monthly fees that are often associated with debt settlement plans, bankruptcy may be the best or only solution​​. Extent of Debt : Bankruptcy, particularly Chapter 7, can be completed within six to nine months, providin...

  Why does a married believer have to go before a non-believer to obtain a divorce? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) This is something you can ask during a  meeting with a divorce attorney . This is a good question. It really depends on what religious tradition you are referring to — at least, when you use the terms “believer” and “non-believer” I takes those to be from a religious context. With that being said there can be several reasons why a married believer may have to go before a non-believer to obtain a divorce, when looking at the three major Abrahamic faiths (Judaism, Christianity, Islam): In Judaism, religious Jewish courts (batei din) have authority over divorces for Jews. However, to be recognized by civil authorities, the divorce (get) often has to be finalized through the civil court system as well. In Christianity, especially Catholicism, getting a religious annulment of the marriage through church authorities does not e...