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

  Is it common for children to be involved in court battles between divorced or separated parents over custody and residence? Tim Cella used to work at several law firms My answer is yes and no. Let me explain. Having worked in a  law firm , I can confirm that it is unfortunately not uncommon for children to be involved in court battles between divorced or separated parents over  physical custody ,  legal custody  and  child support . These legal disputes, often emotionally charged, can sometimes result in children being caught in the middle as each parent seeks to assert their rights and preferences. With that being said, typically the children never go to court. The court commissioners and judges (at least in Utah) don’t want to talk to the kids directly. If there is input from the children, this is done with their a child custody evaluation or via a guardian ad litem. I also want to point out that involving children in custody battles can have significan...

  How long do unpaid debts remain on record after filing for bankruptcy? Tim Cella used to work at several law firms This is a good question for me to answer. I’ve been involved in so many bankruptcies over the years working as a paralegal and I’ve also seen them as a real estate agent and via short sales. So, in the United States, when you file for bankruptcy, it has an impact on your credit report and can affect the reporting of unpaid debts. The length of time that unpaid debts remain on your credit report after filing for bankruptcy can depend on the type of bankruptcy you file for and the specific credit reporting agency's policies. Here's a general guideline: Chapter 7 Bankruptcy : In a Chapter 7 bankruptcy, which is a liquidation bankruptcy, most unsecured debts are discharged, meaning you are no longer legally obligated to pay them. These discharged debts will typically remain on your credit report for 7 to 10 years from the date of filing for bankruptcy. Chapter 13 Ban...

  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...