<?xml version="1.0" encoding="UTF-8"?> <rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" ><channel><title>Law Advice Now</title> <atom:link href="http://www.lawadvicenow.com/feed/" rel="self" type="application/rss+xml" /><link>http://www.lawadvicenow.com</link> <description>Get Your Legal Questions Answered and Find an Attorney</description> <lastBuildDate>Fri, 03 Feb 2012 23:53:33 +0000</lastBuildDate> <language>en</language> <sy:updatePeriod>hourly</sy:updatePeriod> <sy:updateFrequency>1</sy:updateFrequency> <item><title>Checking Divorce Status: How do I know if my divorce is final?</title><link>http://www.lawadvicenow.com/law/family-law/how-can-i-check-a-divorce-status/</link> <comments>http://www.lawadvicenow.com/law/family-law/how-can-i-check-a-divorce-status/#comments</comments> <pubDate>Tue, 31 Jan 2012 23:48:14 +0000</pubDate> <dc:creator>admin</dc:creator> <category><![CDATA[Child Custody]]></category> <category><![CDATA[Divorce Law]]></category> <category><![CDATA[Family Law]]></category><guid isPermaLink="false">http://www.lawadvicenow.com/?p=604</guid> <description><![CDATA[Knowing how to get a divorce can be overwhelming. With all the information you find online about divorce procedures, the process can feel stressful and may leave you feeling lost. This is normally why couples hire divorce attorneys to handle all the paperwork and to potentially guide you through the divorce as quickly and seamlessly [...]]]></description> <content:encoded><![CDATA[<p><a href="http://www.lawadvicenow.com/wp-content/uploads/2012/01/lan_divorce-status-final.jpg"><img class="alignleft size-full wp-image-605" title="lan_divorce status final" src="http://www.lawadvicenow.com/wp-content/uploads/2012/01/lan_divorce-status-final.jpg" alt="" width="300" height="200" /></a>Knowing how to get a divorce can be overwhelming. With all the information you find online about divorce procedures, the process can feel stressful and may leave you feeling lost.</p><p>This is normally why couples hire divorce attorneys to handle all the paperwork and to potentially guide you through the divorce as quickly and seamlessly as possible. Every state is variable with divorce laws, so the simplicity of checking someone’s divorce status in your area may also differ.</p><h2>Getting a Legal Divorce</h2><p>However, there are certain legal steps you can follow in order to check the status of a divorce. For instance, you can do this is by calling your local courthouse. In some areas, a divorce status may be public knowledge. If you do call the courthouse, it would be a good idea to ask for the clerk’s office. You will probably need the first and last name of the individual and possibly social security numbers.</p><p>You could also attempt to do this in person. The clerk’s office may have the divorce information that you are looking for if you want to obtain information about your personal divorce. Otherwise, getting the status on someone else’s divorce could be prohibited according to certain state privacy laws. You may also need to provide verification of who you are depending on these laws.</p><h2>Divorce Attorneys May Help You Finalize Your Divorce</h2><p>Some people might also contact their divorce lawyer to find this information. Your divorce attorney is more likely up to date with the correct status and possibly offer you helpful <a href="http://www.lawadvicenow.com" title="legal advice">legal advice</a>. In general, divorce lawyers do not give this information to other clients or parties unless you give them permission to do so.</p><h3>Other Methods to Find Out About Your Divorce</h3><p>Some websites may also offer you the ability to check your divorce status online. You may be required to list some of your information including the state you are from, where the divorce occurred, the date of the divorce and the reason. Once you submit this information, the website may either direct you to a new screen to contribute payment and view your divorce record or it may show that you do not have a record yet. If this is the case, this could be an indication that your divorce has not been finalized yet. If it is final, your divorce records should be easy to access.</p><p>Lastly, if none of these mediums give you the right information, it is possible to wait for the notification to come in the mail. After a couple files for a divorce, it is generally a custom that a notification is sent to the two parties confirming that the divorce is final.</p><p>&nbsp;</p><h2>Divorce Status: Getting Child Custody</h2><p>Sometimes you don&#8217;t want your spouse to be involved with your child&#8217;s life. This issue often arises when are not legally separated and do not get assistance from your child&#8217;s father or mother. There are cases when one spouse is not property looking after the children or providing them with basic needs like food, clothing and shelter. This often leaves one spouse struggling to take care of the children without any help. Is it possible to keep your children from your spouse until he or she can provide an adequate environment? What if you are not sure if your spouse has a job after separation? How can you <a title="about custody rights" href="http://www.lawadvicenow.com/law/family-law/what-are-my-rights-if-i-have-physical-and-legal-child-custody/" target="_blank">get physical custody</a> of your child?</p><p>Legally, you are not able to stop him from seeing the children. However, if he has left the marital home, as a practical matter if he does come to the residence &#8220;making a scene&#8221; and asking to have the kids, you can ask him to leave; although if he shows up at school or day care and picks them up there is no way to stop him from doing that since until a court issues an order otherwise he has equal custodial rights. The only way to get an order giving you physical custody and limiting his time with the children is to file for divorce.</p><p>This answer pertains to individuals in the state of Georgia.</p><p>Answered by:<br /> Jody A. Miller</p><p>Location: Atlanta, Georgia<br /> Phone: (678) 385-5930</p> ]]></content:encoded> <wfw:commentRss>http://www.lawadvicenow.com/law/family-law/how-can-i-check-a-divorce-status/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>Getting sole custody: How do I petition for sole custody in family court?</title><link>http://www.lawadvicenow.com/law/family-law/what-are-the-steps-to-take-when-petitioning-for-sole-custody-in-family-court/</link> <comments>http://www.lawadvicenow.com/law/family-law/what-are-the-steps-to-take-when-petitioning-for-sole-custody-in-family-court/#comments</comments> <pubDate>Tue, 17 Jan 2012 00:59:33 +0000</pubDate> <dc:creator>admin</dc:creator> <category><![CDATA[Child Custody]]></category> <category><![CDATA[Divorce Law]]></category> <category><![CDATA[Family Law]]></category><guid isPermaLink="false">http://www.lawadvicenow.com/?p=600</guid> <description><![CDATA[The fight for custodial rights of your child can be difficult and often stressful for both parties. When spouses are going through a divorce, sometimes the legal and physical custody of a child creates another barrier to break through before the divorce is finalized. How are child custody rights granted? The child custody rights are [...]]]></description> <content:encoded><![CDATA[<p><a href="http://www.lawadvicenow.com/wp-content/uploads/2012/01/lan_divorce-sole-custody.jpg"><img class="alignleft size-full wp-image-601" title="lan_divorce sole custody" src="http://www.lawadvicenow.com/wp-content/uploads/2012/01/lan_divorce-sole-custody.jpg" alt="" width="300" height="225" /></a>The fight for custodial rights of your child can be difficult and often stressful for both parties. When spouses are going through a divorce, sometimes the legal and physical custody of a child creates another barrier to break through before the divorce is finalized.</p><h2>How are child custody rights granted?</h2><p>The child custody rights are generally awarded based on the best interests of a child and are normally granted from a family court judge. In some cases, there tends to a bias toward giving the mothers more custodial rights than the fathers. However, this belief may not hold true in your case and it might be important to be as prepared as you can before the custody battle no matter what your parental rights are at the moment.</p><h3>Organizing Custodial Agreements</h3><p>To begin, it might be a good idea to organize the events leading up to the custody disagreement. These records may include phone calls, visitation times, emails and other direct interactions with the children.</p><h3>Understanding legal parental and custodial rights in your state</h3><p>It may be a good idea to also have a good understanding of the legal issues and concerns associated with parental rights and custodial matters. Sometimes talking to other family members or friends that can share their personal experiences with you may give you a better picture of what comes next.</p><h3>Getting legal divorce paperwork</h3><p>Your local family court division may have the necessary paperwork for you to fill out about your custody battle and divorce needs. You may start the process by submitting a petition to this family court and might even be able to process the information online. It is probably best to be concise and very clear when setting up your proposal and reasons for sole custody of your child. There may also be an associated fee with your paperwork.</p><p>You can also go through a process called mediation if you do not want to go through the family courts. In these cases, generally, a third party is involved in helping to make decisions for the child custody arrangements and offering useful <a title="free law help" href="http://www.lawadvicenow.com">law advice</a>. This method can be beneficial to both spouses if they can easily agree on custodial decisions without the family court environment. If an agreement is reached via mediation and the decision is approved by a family court judge, then the custodial rights can be granted and may be binding to the parties involved.</p><h3>Getting a divorce lawyer</h3><p>You may find that hiring a divorce attorney could be useful in your case. Divorce lawyers may also offer a free consultation that helps answer any of your questions and may possibly give you <a title="free online legal advice" href="http://www.lawadvicenow.com">divorce attorney advice</a> about the state laws and how your case might hold up in court. Legal counsel can also assess the necessary child custody laws that could grant you the rights you want.</p><h2>Child custody: Age restrictions</h2><p>Is it possible to get sole custody of a child with a young mother? In some cases, parents have a child at a young age without a stable home. In other scenarios, you and your spouse may have the necessary means to raise a child. If the child&#8217;s mom lives with her family, is it possible to get <a title="about child custody" href="http://www.lawadvicenow.com/law/family-law/what-can-i-do-to-get-child-custody/">sole legal custody</a>?</p><p>The age of the mother is irrelevant. Courts make custody determinations based on what the court believes is in the child&#8217;s best interests. In most cases, the court will award primary physical custody to one parent while the other will have a parenting schedule. The court will consider any relevant facts in making a custody determination including 13 specific factors outlined in Minnesota Statutes. Your case should be carefully framed to address each of the relevant statutory factors to be effective. You should consult with legal counsel.</p><p>This answer pertains to individuals in the state of Minnesota.</p><p>Answered by:<br /> Maury Beaulier</p><p>Location: Minneapolis, Minnesota<br /> Phone: (866) 865-7833</p> ]]></content:encoded> <wfw:commentRss>http://www.lawadvicenow.com/law/family-law/what-are-the-steps-to-take-when-petitioning-for-sole-custody-in-family-court/feed/</wfw:commentRss> <slash:comments>1</slash:comments> </item> <item><title>How do I get possession of a firearm after a DUI?</title><link>http://www.lawadvicenow.com/law/criminal-law/how-do-i-get-possession-of-a-firearm-after-a-dui/</link> <comments>http://www.lawadvicenow.com/law/criminal-law/how-do-i-get-possession-of-a-firearm-after-a-dui/#comments</comments> <pubDate>Sat, 07 Jan 2012 00:25:11 +0000</pubDate> <dc:creator>admin</dc:creator> <category><![CDATA[Criminal Law]]></category><guid isPermaLink="false">http://www.lawadvicenow.com/?p=596</guid> <description><![CDATA[Getting a DUI can lead to serious consequences including jail time, fines, community service and other related punishments. These sentences may vary from state to state as the DUI laws can be different for each residence. Consulting with a DUI attorney may give you legal help with your case and may also help you reduce [...]]]></description> <content:encoded><![CDATA[<p><a href="http://www.lawadvicenow.com/wp-content/uploads/2012/01/Lan_dui-firearm-possession.jpg"><img class="alignleft size-full wp-image-597" title="Lan_dui firearm possession" src="http://www.lawadvicenow.com/wp-content/uploads/2012/01/Lan_dui-firearm-possession.jpg" alt="" width="300" height="225" /></a>Getting a DUI can lead to serious consequences including jail time, fines, community service and other related punishments. These sentences may vary from state to state as the DUI laws can be different for each residence. Consulting with a DUI attorney may give you <a href="http://www.lawadvicenow.com" title="free legal advice">legal help</a> with your case and may also help you reduce your charge and possibly lower the chances of going to jail.<br /><h2>DUI consequences: The Right to Bear Arms</h2><p> One penalty that you may have to face is the inability to possess a firearm after you DUI conviction. While the second amendment may give you the right to bear arms, you may still be under specific state and federal laws that could bar you from owning a weapon with a criminal record. When purchasing a firearm, there is usually a federal background check involved.</p><p> There may also be a waiting period between the application for the gun and the actual sale. In general, firearm laws may include illegal sale of a firearm, possession of assault weapons and loaded gun, and an illegal ejection of a weapon.</p><h2>Criminal Records Affect Firearm Possession</h2><p> There are also ways in which an individual may be prohibited from possessing a firearm. Generally, these people include those with a <a href="http://www.lawadvicenow.com/category/law/criminal-law/" title="criminal defense lawyer">criminal record</a>, may have mental disorders or illegal aliens. Age restrictions can also apply to various firearm possession laws. Although you could be legally allowed to possess a weapon, you may not necessarily be given the right to carry a concealed firearm. Most likely, you may be required to obtain a special permit that allows you to carry your firearm and violating this rule could result in a criminal charge.</p><p>Penalties for violating any firearm laws can depend largely on whether you have been convicted of a felony or misdemeanor. These cases can often lead to either a jail or a prison sentence, so it would be a good idea to discuss your options with a DUI lawyer if this could affect your punishment. A fine or probationary period can also be included in your case. If you are concerned about your DUI and how it affects your firearm rights, talk to an attorney and find out how you can be eligible again to possess a firearm.</p><h3>Early termination for a DUI probation</h3><p>How long does it take to get an early termination? If you are trying to get a court date, it may be difficult to understand the process. In some cases, felony convictions coupled with a DUI can lead to serious penalties. This may even hold true if you have paid all of your fines. Probation officers may tell you to speak with your state probation officer to check that all fines have been paid and to attempt early termination on you probation. How long would it take to get a court date for early termination?</p><p>File now, ask for a court date about five months out. If you choose to wait to the last moment, the time frame depends on the court, how busy they are, schedules, etc. Generally, if you want a court date in January (right after the courts have been closed for 2 weeks during the holidays) you need to ask at least 3 months out. The further you get away from Christmas the shorter that time frame gets, down to about 2-3 weeks. Again, it depends on the court&#8217;s schedule. The simple answer is file now, ask for a court date in May time frame. Make sure you get it on the calendar and do not forget to be there.</p><p>This answer pertains to individuals in the state of Texas.</p><p>Answered by:<br /> Roy L. Reeves</p><p>Location: Plano, Texas<br /> Phone: (972) 379-7443</p> ]]></content:encoded> <wfw:commentRss>http://www.lawadvicenow.com/law/criminal-law/how-do-i-get-possession-of-a-firearm-after-a-dui/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>What happens after your bankruptcy file is dismissed?</title><link>http://www.lawadvicenow.com/law/civil-law/debt/what-happens-if-i-am-dismissed-from-my-bankruptcy-file/</link> <comments>http://www.lawadvicenow.com/law/civil-law/debt/what-happens-if-i-am-dismissed-from-my-bankruptcy-file/#comments</comments> <pubDate>Fri, 06 Jan 2012 01:37:51 +0000</pubDate> <dc:creator>admin</dc:creator> <category><![CDATA[Bankruptcy Law]]></category> <category><![CDATA[Credit and Collection Law]]></category> <category><![CDATA[Debt]]></category><guid isPermaLink="false">http://www.lawadvicenow.com/?p=592</guid> <description><![CDATA[Sometimes your chapter 7 or 13 bankruptcy will be dismissed. When this happens, it is a good idea to consult your bankruptcy lawyer for legal help regarding your next options. In a chapter 7 bankruptcy, it is less likely that your case will get dismissed. In contrast, a chapter 13 bankruptcy can yield a much [...]]]></description> <content:encoded><![CDATA[<p><a href="http://www.lawadvicenow.com/wp-content/uploads/2012/01/bk_dismissed.jpg"><img class="alignleft size-full wp-image-593" title="bk_dismissed" src="http://www.lawadvicenow.com/wp-content/uploads/2012/01/bk_dismissed.jpg" alt="" width="300" height="224" /></a>Sometimes your chapter 7 or 13 bankruptcy will be dismissed. When this happens, it is a good idea to consult your bankruptcy lawyer for <a href="http://www.lawadvicenow.com" title="free online law help">legal help</a> regarding your next options. In a chapter 7 bankruptcy, it is less likely that your case will get dismissed. In contrast, a chapter 13 bankruptcy can yield a much higher probability that your case will not be discharged. Often the dismissal is a result of defaulting on the payment schedule. Whatever your reason may be, debtors may wonder what the next step is in order to manage their financial hardships.</p><h2>Debt after a dismissed bankruptcy</h2><p>In general, your monetary situation will stay the same prior to <a href="http://www.lawadvicenow.com/category/law/bankruptcy-law/" title="about bankruptcy filing">filing for bankruptcy</a>. When you do file, you may be granted an automatic stay that protects you against creditors and any possible foreclosure on your home. These collection attempts may also include repossessions, debts and any pending lawsuits. However, if you were going through a foreclosure at the time of the bankruptcy, then the mortgage company may have the legal authority to continue the process. This might also hold true to any finance companies that are aiming to repossess your vehicle.</p><h3>How long does my bankruptcy file stay on my credit report?</h3><p>The bankruptcy file may also stay on your credit report for up to 10 years. This is normally regardless of whether your file was dismissed or discharged. In most cases, you may be given the opportunity to file again after dismissal. Your bankruptcy attorney will help you assess the factors that may need to be met before filing bankruptcy again.</p><h2>Are debts liquidated after bankruptcy?</h2><p>What happens if your debts are not liquidated after you file for a chapter 7 bankruptcy? Sometimes after filing for a chapter 7 bankruptcy, your debts are still not liquidated. Why does this happen and what should you do?</p><p>There are certain types of debt in a bankruptcy that are considered non-dischargeable (meaning you will still be required to pay it after your bankruptcy is discharged) such as: student loans, domestic support obligations, drunk driving debts, certain tax debt, etc. This list is not exhaustive of all non-dischargeable debt; however, it gives you an example that there are certain types of debts that remain your obligation after a bankruptcy. I am not sure what type of debt was not discharged in your case based off of the information you provided. You may want to look up the type of debt that has remained your obligation after your bankruptcy and make sure that it is dischargeable. If it is debt that was discharged and the lender is attempting to collect after you have received your discharge order, the lender may be in violation of your discharge order and possibly subject to financial sanctions. I hope you found this answer useful.</p><p>This answer pertains to individuals in the state of Florida.</p><p>Answered by:</p><p>Katie M. Stone</p><p>Location: Orlando, Florida<br /> Phone: (407) 217-5807</p> ]]></content:encoded> <wfw:commentRss>http://www.lawadvicenow.com/law/civil-law/debt/what-happens-if-i-am-dismissed-from-my-bankruptcy-file/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>How do I file for divorce?</title><link>http://www.lawadvicenow.com/law/family-law/how-do-i-file-for-divorce/</link> <comments>http://www.lawadvicenow.com/law/family-law/how-do-i-file-for-divorce/#comments</comments> <pubDate>Fri, 30 Dec 2011 00:58:41 +0000</pubDate> <dc:creator>admin</dc:creator> <category><![CDATA[Child Custody]]></category> <category><![CDATA[Divorce Law]]></category> <category><![CDATA[Family Law]]></category> <category><![CDATA[a divorce]]></category> <category><![CDATA[about to divorce]]></category> <category><![CDATA[child custody]]></category> <category><![CDATA[divorce]]></category> <category><![CDATA[divorce attorney]]></category> <category><![CDATA[divorce lawyer]]></category> <category><![CDATA[how to divorce]]></category> <category><![CDATA[when to divorce]]></category><guid isPermaLink="false">http://www.lawadvicenow.com/?p=585</guid> <description><![CDATA[You and your spouse may be considering getting a divorce, but you might not be sure how to get the process started. There are some key factors to take into consideration when filing for divorce. Consulting with a divorce attorney may be your best option, but there are ways of taking the necessary steps to [...]]]></description> <content:encoded><![CDATA[<p><a href="http://www.lawadvicenow.com/wp-content/uploads/2011/12/lan_gettingadivorce.jpg"><img src="http://www.lawadvicenow.com/wp-content/uploads/2011/12/lan_gettingadivorce.jpg" alt="" title="lan_gettingadivorce" width="300" height="225" class="alignleft size-full wp-image-586" /></a>You and your spouse may be considering getting a divorce, but you might not be sure how to get the process started. There are some key factors to take into consideration when filing for divorce. Consulting with a divorce attorney may be your best option, but there are ways of taking the necessary steps to prepare for the divorce proceedings before talking to an experienced lawyer. First and foremost, the divorce laws are variable from state to state. You may want to check what your resident laws in regards to the divorce niche. These components can consist of child support, child custody and other divorce measures that you may not know exist. If you got married in another state, you can usually file in your current vicinity so long as you have been a resident for about six months or more. The petition for divorce is normally the initial step to begin the process. This is normally filed in the circuit court of one spouse’s current residence. In general, this form requires basic information about the reasons for divorce, whether you are looking for alimony or any child support payments. It might be possible to access this form online or through your county’s courthouse. Supporting documents may also be included with the petition. This paperwork may inquire about the total assets from each spouse. These assets include liabilities, debts, income and other related financial matters. Once these documents have been successfully filled out, then you and your spouse may file. Each state has its own set of rules for filing, so you will want to check those legalities. There may also be a fee to pay when submitting the divorce papers. The serve process usually begins once the petition and necessary documents are submitted. This period will most likely last until the other spouse responds to the notice or they will have to risk losing any parental rights in the divorce. Getting all the aspects of a divorce according to state laws can be difficult and sometimes an overwhelming burden. This is why it might be a good idea to hire a divorce attorney who can look over your assets and possibly help you get what you want from your divorce and protect your rights.</p><p><em>Chris wrote to ask, What are my rights to keep debt from my ex spouse from being discharged? If I am a co debtor with an ex spouse who is filing Chapter 7 bankruptcy and I believe the documents she has filed are full of untrue statements, what are my rights to keep that debt from being discharged?</p><p>Chris, First, if you divorce papers state that any of the debts where you are a co-debtor were to be her debts alone, paid by her and you were to be held harmless from having to pay any of them, then you can file an Adversary Proceeding as any debts she was to pay under a divorce decree which you would now be stuck with due to her filing bankruptcy can be kept form being discharged and if you have to pay them, you can go after her for reimbursement.    Second, if you believe she has not listed assets she has, or has hidden assets or transferred assets within the past four years and therefore not listed them in her bankruptcy papers, then you could write a letter to her bankruptcy trustee stating what those assets are and that they were not listed ,or were hidden, or were transferred, which would a reason for the trustee to request a denial of discharge.  Or you could file yourself, or add with the Adversary Proceeding for divorce debts, a cause of action to deny discharge based on fraud for not listing assets she has or assets hidden or transferred and not listed in her bankruptcy papers.</p><p>This answer pertains to individuals in the state of California. To see more answers to this pertaining to other states,  as well as other legal questions, go to LawQA,  a site for <a href="http://www.lawqa.com/">Free Legal Advice</a>.</p><p>Answered by:<br /> <a href="http://www.lawqa.com/profile/the-schreiber-law-firm">Jeffrey D. Schreiber</a></p><p>Location: San Diego, California<br /> Phone: (619) 269-8600<br /> Disclaimer: The response above does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice.<br /> </em></p> ]]></content:encoded> <wfw:commentRss>http://www.lawadvicenow.com/law/family-law/how-do-i-file-for-divorce/feed/</wfw:commentRss> <slash:comments>2</slash:comments> </item> <item><title>What should I do with my debts before getting married?</title><link>http://www.lawadvicenow.com/law/bankruptcy-law/what-should-i-do-with-my-debts-before-getting-married/</link> <comments>http://www.lawadvicenow.com/law/bankruptcy-law/what-should-i-do-with-my-debts-before-getting-married/#comments</comments> <pubDate>Fri, 23 Dec 2011 01:49:39 +0000</pubDate> <dc:creator>admin</dc:creator> <category><![CDATA[Bankruptcy Law]]></category> <category><![CDATA[Financial Law]]></category> <category><![CDATA[about bankruptcy]]></category> <category><![CDATA[bankruptcy]]></category> <category><![CDATA[bankruptcy attorney]]></category> <category><![CDATA[bankruptcy lawyer]]></category> <category><![CDATA[Debt]]></category> <category><![CDATA[debt before marriage]]></category> <category><![CDATA[getting married]]></category><guid isPermaLink="false">http://www.lawadvicenow.com/?p=580</guid> <description><![CDATA[Sometimes having debt before getting married can culminate tension between you and your future spouse. Filing for bankruptcy may be a topic of discussion, but it might be a good idea to approach how you are going to handle your debts before getting married. Not only will this be helpful for you bankruptcy attorney, but [...]]]></description> <content:encoded><![CDATA[<p><a href="http://www.lawadvicenow.com/wp-content/uploads/2011/12/lan_lovedebt.jpg"><img src="http://www.lawadvicenow.com/wp-content/uploads/2011/12/lan_lovedebt.jpg" alt="" title="lan_love&amp;debt" width="300" height="223" class="alignleft size-full wp-image-581" /></a>Sometimes having debt before getting married can culminate tension between you and your future spouse. Filing for bankruptcy may be a topic of discussion, but it might be a good idea to approach how you are going to handle your debts before getting married. Not only will this be helpful for you bankruptcy attorney, but it can also bring a more stable financial outlook for the two of you in the future. If you have debt, it might be advised to talk about your credit scores with one another. Credit reporting agencies have different guidelines to obtain your credit score, so you might want to understand what your personal score means to you and how that applies to you as a couple. You can also discuss your individual credit card debts. In this case, you can pull up copies of your statements from your credit card companies. Then, you can add up all of your debts as a couple and individually so that you can see how much you owe. It would be a good idea to know the penalties and any interest fees associated with your debts. Try to remember all debts including student loans, car payments and old mortgage fees as well. Once you have these in order, you can discuss your plan for managing your debts together. You can also take into an account your incomes and any other expenses once you are a legal couple. A bankruptcy lawyer can help you get your financial statements organized and is more likely to give you a better picture of where to start and manage your financial future.<br /> <em><br /> Michelle wrote to ask, How can I correct my incorrectly filed bankruptcy? A bankruptcy service filed documents incorrectly for me, how can I fix this now?</p><p>Michelle, You can file an amended petition or amended schedules as needed. It would be a good idea to hire competent bankruptcy counsel asap.</p><p>This answer pertains to individuals in the state of California. To see more answers to this pertaining to other states,  as well as other legal questions, go to LawQA,  a site for <a href="http://www.lawqa.com/">Free Legal Advice</a>.</p><p>Answered by:<br /> <a href="http://www.bankruptcybeverlyhills.com/profile/law-offices-of-michael-j-berger">Michael J. Berger</a></p><p>Location: Beverly Hills, California<br /> Phone: (310) 513-5419<br /> Disclaimer: The response above does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice.</em></p> ]]></content:encoded> <wfw:commentRss>http://www.lawadvicenow.com/law/bankruptcy-law/what-should-i-do-with-my-debts-before-getting-married/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>Can I take my children out of state during a divorce?</title><link>http://www.lawadvicenow.com/law/family-law/can-i-take-my-children-out-of-state-during-a-divorce/</link> <comments>http://www.lawadvicenow.com/law/family-law/can-i-take-my-children-out-of-state-during-a-divorce/#comments</comments> <pubDate>Wed, 21 Dec 2011 23:34:44 +0000</pubDate> <dc:creator>admin</dc:creator> <category><![CDATA[Child Custody]]></category> <category><![CDATA[Divorce Law]]></category> <category><![CDATA[Family Law]]></category> <category><![CDATA[about child custody]]></category> <category><![CDATA[about divorce]]></category> <category><![CDATA[child custody]]></category> <category><![CDATA[divorce]]></category> <category><![CDATA[divorce attorney]]></category> <category><![CDATA[divorce lawyer]]></category> <category><![CDATA[in child custody]]></category><guid isPermaLink="false">http://www.lawadvicenow.com/?p=576</guid> <description><![CDATA[Child custody battles are often one of the toughest factors when going through a divorce. During this time, spouses may want to separate until the divorce is final. If children are involved, the custodial issues can get complicated as in most cases, traveling outside of the state with your family is not the best idea [...]]]></description> <content:encoded><![CDATA[<p><a href="http://www.lawadvicenow.com/wp-content/uploads/2011/12/lan_childholdingsuitcase.jpg"><img src="http://www.lawadvicenow.com/wp-content/uploads/2011/12/lan_childholdingsuitcase.jpg" alt="" title="lan_childholdingsuitcase" width="300" height="224" class="alignleft size-full wp-image-577" /></a>Child custody battles are often one of the toughest factors when going through a divorce. During this time, spouses may want to separate until the divorce is final. If children are involved, the custodial issues can get complicated as in most cases, traveling outside of the state with your family is not the best idea during the divorce proceedings. If you are considering moving out of state, you may want to reference your divorce decree to see if relocation is outlined anywhere in the documents. If you become in contempt with your current agreement, then your decision may have a negative consequence on your request to move. It is important to consider the child custody laws of your current residence. Divorce laws in general are variable from state to state. This might be a good reason why hiring a divorce attorney would be helpful to your case. A child custody lawyer should be aware of the state laws and how they are applicable to your situation. Some states, for example, might require a written consent from the other spouse. Knowing the specific statutes of your state might help you get the information you need to legally proceed with your divorce modifications. If your ex-spouse does not agree to your request, then you may need to be prepared for a custody evaluation in court. The court might contemplate a few factors of your relocation demands including the benefits for the lifestyle of your children. You may also need to be willing to allow for longer durations for visitation times, to support the new schedules, the costs of transportation, and that you are not looking to prohibit communication with your spouse and the children. It may also be advised to really think about the benefits for your children. Sometimes moving for a better employment or to be near family members does not necessarily mean that it is best for you children. The other spouse may have an impact on them and taking them away might result in familial conflicts and added stress. This is why it would be a good idea to really discuss your options with a divorce lawyer, your spouse and maybe even your children before making a final decision.<br /> <em><br /> Seth wrote to ask, Where can I get a quick divorce that Virginia will honor? My wife filed for a divorce and now stalling because I&#8217;m ready to remarry. We have no kids or property to split.</p><p>Seth, An uncontested divorce in Virginia can be accomplished in 6 to 8 weeks assuming you have met the statutory waiting period (either 6 months if there is a comprehensive settlement agreement resolving all issues or one year if you don&#8217;t have an agreement)   Since she has already filed for divorce but is not willing to settle, it sounds like its presently a contested case; in which case the court will schedule it for trial in due course.  Depending on which county you are in, that process can take up to a year.</p><p>This answer pertains to individuals in the state of Virginia. To see more answers to this pertaining to other states,  as well as other legal questions, go to LawQA,  a site for <a href="http://www.lawqa.com/qa/what-can-i-do-if-i-want-divorce-but-my-spouse-will-not-sign">Free Legal Advice</a>.</p><p>Answered by:<br /> <a href="http://www.lawqa.com/profile/odin-feldman-pittleman-pc">Richard A. Gray</a></p><p>Location: Fairfax, Virginia<br /> Phone: (703) 218-2338<br /> Disclaimer: The response above does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice.</em></p> ]]></content:encoded> <wfw:commentRss>http://www.lawadvicenow.com/law/family-law/can-i-take-my-children-out-of-state-during-a-divorce/feed/</wfw:commentRss> <slash:comments>1</slash:comments> </item> <item><title>What happens if I file for a chapter 11 bankruptcy?</title><link>http://www.lawadvicenow.com/law/civil-law/debt/what-happens-if-i-file-for-a-chapter-11-bankruptcy/</link> <comments>http://www.lawadvicenow.com/law/civil-law/debt/what-happens-if-i-file-for-a-chapter-11-bankruptcy/#comments</comments> <pubDate>Sat, 17 Dec 2011 01:04:14 +0000</pubDate> <dc:creator>admin</dc:creator> <category><![CDATA[Bankruptcy Law]]></category> <category><![CDATA[Debt]]></category> <category><![CDATA[Financial Law]]></category> <category><![CDATA[about bankruptcy]]></category> <category><![CDATA[bankruptcy]]></category> <category><![CDATA[bankruptcy attorney]]></category> <category><![CDATA[bankruptcy lawyer]]></category> <category><![CDATA[chapter 11 bankruptcy]]></category> <category><![CDATA[how to file bankruptcy]]></category><guid isPermaLink="false">http://www.lawadvicenow.com/?p=573</guid> <description><![CDATA[If you think your business is going to file for bankruptcy, you might want to consider a chapter 11 bankruptcy. This chapter allows a corporation or business to reorganize their debts under the United States bankruptcy laws. This chapter can be offered to individuals, but is mostly given to major businesses. If your business is [...]]]></description> <content:encoded><![CDATA[<p><a href="http://www.lawadvicenow.com/wp-content/uploads/2011/12/lan_targetyourdebts.jpg"><img src="http://www.lawadvicenow.com/wp-content/uploads/2011/12/lan_targetyourdebts.jpg" alt="" title="lan_targetyourdebts" width="242" height="300" class="alignleft size-full wp-image-574" /></a>If you think your business is going to file for bankruptcy, you might want to consider a chapter 11 bankruptcy. This chapter allows a corporation or business to reorganize their debts under the United States bankruptcy laws. This chapter can be offered to individuals, but is mostly given to major businesses. If your business is struggling to pay creditors, then you may be eligible to file for a chapter 11 bankruptcy. This criteria is usually met under the federal courts. The difference with this chapter, is that the debtor can become the debtor in possession. This means that you are mostly in control of your business operations during the process. However, you may be observed by the jurisdiction of the court for various actions during your bankruptcy proceedings. In some cases, you may act as the trustee in your case if one is not appointed to you. As a debtor in possession, you may also obtain financial loans that will benefit your company. In this case, you might offer first priority to the lender to share in your earnings after the bankruptcy is filed. You may also be granted the ability to reject certain contracts in your business. For protection purposes, you may be given an automatic stay that helps shield against creditors or any litigation against your company. However, there is a possibility that you could lose your business to the company creditors, if your debts exceed the value of your assets. Overall, the court is usually responsible for determining whether your repayment plan is suitable under the law. A chapter 11 bankruptcy may allow the debtor to generate the reorganization plan for debts and will most likely give the creditors a chance to vote on the best plan of action. Once this plan is confirmed, then your agreement is binding and sets out the treatment of debts for the duration of your schedule. These contracts can be complex, which is why having a bankruptcy attorney to help you may give you better results. A bankruptcy lawyer will most likely have the knowledge to mold your case so that you can have a clear path back to financial stability.<br /> <em><br /> Camille wrote to ask, Can I refile for bankruptcy if both times my file has been dismissed? I have filed twice and both times my case was been dismissed for not making payment on time. I need to re file. Can I refile? And my car has been repossessed will I be able to get it back?</p><p>Camille, You can re-file a third Chapter 13 case. However, you get absolutely no protection from the automatic stay on the third filing. Thus, if the car has been repossessed you will almost more than likely not get it back. Also, you must have good faith in filing the case. If you file and are not able to make payment plans, it is likely that you will have your case dismissed with a bar to refile again. Also, you need to make sure that your case was not dismissed with a bar from refilling. Many times if you fail to make a payment, the trustee can request that the case be dismissed with a bar from refilling.</p><p>This answer pertains to individuals in the state of California. To see more answers to this pertaining to other states,  as well as other legal questions, go to LawQA,  a site for <a href="http://www.lawqa.com/qa/can-i-refile-for-bankruptcy-if-both-times-my-file-has-been-dismissed">Free Legal Advice</a>.</p><p>Answered by:<br /> <a href="http://www.lawqa.com/profile/diefer-law-group-pc">Abel Fernandez</a></p><p>Location: Riverside, California<br /> Phone: (866) 501-5677<br /> Disclaimer: The response above does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice.</em></p> ]]></content:encoded> <wfw:commentRss>http://www.lawadvicenow.com/law/civil-law/debt/what-happens-if-i-file-for-a-chapter-11-bankruptcy/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>What happens if I file for bankruptcy before divorce?</title><link>http://www.lawadvicenow.com/law/family-law/what-happens-if-i-file-for-bankruptcy-before-divorce/</link> <comments>http://www.lawadvicenow.com/law/family-law/what-happens-if-i-file-for-bankruptcy-before-divorce/#comments</comments> <pubDate>Fri, 16 Dec 2011 01:49:38 +0000</pubDate> <dc:creator>admin</dc:creator> <category><![CDATA[Bankruptcy Law]]></category> <category><![CDATA[Child Custody]]></category> <category><![CDATA[Debt]]></category> <category><![CDATA[Family Law]]></category> <category><![CDATA[Financial Law]]></category> <category><![CDATA[about bankruptcy]]></category> <category><![CDATA[about divorce]]></category> <category><![CDATA[bankruptcy]]></category> <category><![CDATA[bankruptcy attorney]]></category> <category><![CDATA[bankruptcy lawyer]]></category> <category><![CDATA[divorce and]]></category> <category><![CDATA[what is bankruptcy]]></category><guid isPermaLink="false">http://www.lawadvicenow.com/?p=570</guid> <description><![CDATA[Going through divorce and bankruptcy paperwork can be strenuous, especially when you do not have a bankruptcy attorney to help you. If you and your spouse are considering getting a divorce, you may want to file for bankruptcy prior to your divorce settlements. In some cases, bankruptcy can make it easier to divide assets and [...]]]></description> <content:encoded><![CDATA[<p><a href="http://www.lawadvicenow.com/wp-content/uploads/2011/12/lan_dontdrowninbkdivorce.jpg"><img src="http://www.lawadvicenow.com/wp-content/uploads/2011/12/lan_dontdrowninbkdivorce.jpg" alt="" title="lan_dontdrowninbk&amp;divorce" width="300" height="199" class="alignleft size-full wp-image-571" /></a>Going through divorce and bankruptcy paperwork can be strenuous, especially when you do not have a bankruptcy attorney to help you. If you and your spouse are considering getting a divorce, you may want to file for bankruptcy prior to your divorce settlements. In some cases, bankruptcy can make it easier to divide assets and debts with your spouse so that you are protected against any liabilities in the future. If you and your spouse are filing for bankruptcy, then the properties shared during the marriage can create the bankruptcy estate. These marital assets can be used to pay off any outstanding debts that you share with your spouse. In other terms, the bankruptcy estate is a sum of the property you own. If you filed for bankruptcy, you may also be granted an automatic stay on your file. This prohibits creditors from harassing you about unpaid debts. You may still be obligated, however, to request child support in divorce court as filing for bankruptcy usually does not prevent you against this process. If the bankruptcy court exempts certain properties, these assets should not be utilized for debt payments. What is exempt is variable from state to state and can also be determined under federal laws. Some of these property exemptions may include your home, car, or specified net worth of household belongings such as clothes and other goods.  The complexities in bankruptcy may arise when attempting to negotiate a property settlement. If these settlements are similar to that of child support or alimony, it is less likely that these obligations will be discharged. The judge’s decisions depend on your particular state laws. In general, a judge will differentiate property from support if payments end when someone gets married or a child turns 18, if payments are made at once or in installments, if there are minor children involved, the health and education of the spouse and if there was a need for support. It is unlikely that support can be discharged at all considering the new bankruptcy law passed in 2005. You may also want to consider getting an indemnity or hold harmless clause in your divorce decree. This can ensure that your spouse pays you any owed debts. Going through a bankruptcy and divorce can be confusing and overwhelming for both spouses. A bankruptcy lawyer can discuss with you your options and possibly manage to get you relief from your debts before your divorce case.</p><p><em>Emily wrote to ask, Can my husband file bankruptcy without me signing? My husband and I are separated, no papers have been filed. Can he file bankruptcy on our house without me signing? We have separate bank accounts and I have been making all the house payments. The house is in both in our name.</p><p>Emily, Yes. A married person can always file bankruptcy individually (that is without the other spouse joining in a joint petition). Your husband must file bankruptcy on all debts, including the house obligation (mortgages). If you are jointly liable on your house, then your husband&#8217;s bankruptcy will not protect your from the mortgage liabilities or any other joint debt. If the house has equity above any applicable exemptions, the trustee may liquidate the house.</p><p>This answer pertains to individuals in the state of Colorado. To see more answers to this pertaining to other states,  as well as other legal questions, go to LawQA,  a site for <a href="http://www.lawqa.com/qa/bankruptcy11">Free Legal Advice</a>.</p><p>Answered by:<br /> <a href="http://www.lawqa.com/profile/bankruptcy-law-center">Bill Zurinskas</a></p><p>Location: Longmont, Colorado<br /> Phone: (303) 776-8849<br /> Disclaimer: The response above does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice.</em></p> ]]></content:encoded> <wfw:commentRss>http://www.lawadvicenow.com/law/family-law/what-happens-if-i-file-for-bankruptcy-before-divorce/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>How can I get a DUI off of my record?</title><link>http://www.lawadvicenow.com/law/traffic-law/how-can-i-get-a-dui-off-of-my-record/</link> <comments>http://www.lawadvicenow.com/law/traffic-law/how-can-i-get-a-dui-off-of-my-record/#comments</comments> <pubDate>Thu, 15 Dec 2011 01:35:03 +0000</pubDate> <dc:creator>admin</dc:creator> <category><![CDATA[Criminal Law]]></category> <category><![CDATA[Traffic Law]]></category> <category><![CDATA[about DUI]]></category> <category><![CDATA[dui]]></category> <category><![CDATA[DUI Attorney]]></category> <category><![CDATA[DUI Expungement]]></category> <category><![CDATA[DUI Lawyer]]></category> <category><![CDATA[felony expungement]]></category> <category><![CDATA[felony expungement lawyer]]></category> <category><![CDATA[what is dui]]></category><guid isPermaLink="false">http://www.lawadvicenow.com/?p=567</guid> <description><![CDATA[Having a DUI conviction on your record can sometimes bar you from future opportunities. If you have been arrested, lost your DUI case or feel that you were wrongly accused of a DUI, then you might want to consider speaking with an experienced DUI lawyer in your local area. A DUI or felony expungement attorney [...]]]></description> <content:encoded><![CDATA[<p><a href="http://www.lawadvicenow.com/wp-content/uploads/2011/12/lan_cleaningyourrecord.jpg"><img src="http://www.lawadvicenow.com/wp-content/uploads/2011/12/lan_cleaningyourrecord.jpg" alt="" title="lan_cleaningyourrecord" width="291" height="300" class="alignleft size-full wp-image-568" /></a>Having a DUI conviction on your record can sometimes bar you from future opportunities. If you have been arrested, lost your DUI case or feel that you were wrongly accused of a DUI, then you might want to consider speaking with an experienced DUI lawyer in your local area. A DUI or felony expungement attorney most likely has the capability to review your DUI case and can give you a better understanding of your position and the steps needed to clear you record. DUI felony expungements are often the answer to starting over. Felony expungements are commonly geared to provide the most relief from your conviction. DUI expungements are also used to eliminate future worry about employment goals and applications. The process is generally faster when a felony expungement lawyer is working on your case. In some states, this expungement provides a relief from the guilt charge, a not guilty judgement is proclaimed, and dismissal of complaint. At this point, you may be set free of consequences and any other hardships that this DUI conviction has given to you. DUI expungements are variable from state to state, so what may apply here, may not be applicable to your residence. There may be different types of expungement in your state and you may have to know your eligibility for this procedure. These differential scenarios can be analyzed by your DUI attorney if you are unsure about the process.</p><p><em>Mark wrote to ask, Is it possible to get a felony taken off of my record? I was charged with assaulting an officer.</p><p>Mark, As long as that is the only charge of any kind on your record (including misdemeanors and juvenile adjudications) and it has been at least five years, you should be eligible to apply to have the conviction set aside. The only crimes you cannot expunge are driving charges (including DUIs), felonies with a possible life sentence, and felony CSC charges (1st, 2nd, and 3rd degrees).</p><p>This answer pertains to individuals in the state of Michigan. To see more answers to this pertaining to other states,  as well as other legal questions, go to LawQA,  a site for <a href="http://www.lawqa.com/free-legal-resources">Free Legal Advice</a>.</p><p>Answered by:<br /> <a href="http://www.lawqa.com/profile/austin-legal-service-plc">Jared Austin</a></p><p>Location: Lansing, Michigan<br /> Phone: (517) 614-1983<br /> Disclaimer: The response above does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice.<br /> </em></p> ]]></content:encoded> <wfw:commentRss>http://www.lawadvicenow.com/law/traffic-law/how-can-i-get-a-dui-off-of-my-record/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> </channel> </rss>
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