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

  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 D...

  What are the consequences if the executor of a will is declared bankrupt? Tim Cella used to work at several law firms Good question. When an executor of a will is declared bankrupt, it can impact their ability to manage the estate effectively. Bankruptcy might lead to concerns about the executor's financial responsibility and integrity, potentially compromising their fiduciary duties. Jurisdictions vary, but being declared bankrupt may disqualify someone from serving as an executor in some cases, prompting the need for the appointment of a new executor. The specific consequences and whether a bankrupt executor must be replaced depend on the laws of the jurisdiction overseeing the will. Essentially, the executor might not be able to continue to serve in this capacity. This is one where you should speak with a  probate lawyer  to help you solve this in your specific state. I hope this helps. When I need legal help, I usually call attorney Jeremy Eveland who’s been really ...

  What are some reasons why one parent gets primary physical custody over another parent in family court in the United States of America? Tim Cella used to work at several law firms This is a good question. The truth is that I know in Utah, as in most jurisdictions in the United States, family courts prioritize the  best interests of the child  when determining custody arrangements. When one parent is granted primary physical custody over another parent, it typically involves a thorough evaluation of various factors by the court. Here are some reasons why one parent may be awarded primary physical custody over the other in Utah: Child's Best Interests : The paramount consideration for the court is always the best interests of the child. This encompasses a wide range of factors, including the child's emotional, physical, and developmental needs. Parental Capacity and Fitness : The court will assess each parent's ability to provide a safe, stable, and nurturing environment ...

  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...