How to Protect Financial Interests in A Divorce

Denver Family Law Attorney explains how to protect your financial interests in a divorce if you think your spouse may later file for bankruptcy protection.

Denver Family Law Attorney explains how to protect your financial interests in a divorce if you think your spouse may later file for bankruptcy protection.

If you are going through a divorce, you may be better served by seeking more spousal support and child support, and less physical property, in the property settlement if you suspect your spouse may be considering filing for bankruptcy. The advantage to you is that domestic support obligations are no longer dischargeable in bankruptcy. So even if your spouse files for bankruptcy, the spousal support and child support obligations do not go away.

Property settlements, however, can be discharged in bankruptcy. Even worse, they can come back to bite you if your name is on the loan document when your former spouse files for bankruptcy. In that event, the lender may come after you for the entire amount owed, instead of just the part that was awarded to you in the property settlement.

Bankruptcy courts have the task of determining what is considered support and what is a property settlement. Some of the criteria they use include asking:

• Does the obligation terminate or reduce with the occurrence of certain events, like remarriage or a child turning 18?
• Is the obligation in installments or a lump sum?
• Are there minor children?
• What is the relative health and education of the parties?
• Was there a need for support at the time of the divorce?

So if you think your spouse is contemplating bankruptcy after your divorce is final, you'll want to word your property settlement in such a way that your soon-to-be-ex's obligation looks and acts as much as possible like a support obligation instead of a property settlement. That is so simply because support obligations are more difficult to have discharged in bankruptcy court.

If you are looking for a Denver bankruptcy lawyer or a family law attorney, Cohen & Cohen law firm serves the Denver area for both of these legal fields. Cohen & Cohen law firm has helped families in Denver the last 8 years. Cohen & Cohen will protect your rights with firm and just legal services when you need legal help in such areas as Denver Bankruptcy, Divorce/Family Law, Civil Litigation, Consumer Litigation (including FDCPA & FCRA violations), and our general practice areas of Estate Planning, Contract Drafting, Colorado Real Estate and Real Property issues, and formation of Corporate Entities.

Family Law Attorneys Increases With Divorce Rate

By Mike Selvon

No one doubts that divorce lawyers are seeing an increase in the number of clients they see each day. Divorces are the number one area that family law covers but there are many other issues that it presides over as well. Uncontested divorces make up a very small percentage of the cases that an attorney sees each day.

Most times there are significant issues that must be handled with the help of a knowledgeable attorney. Perhaps that is why so many law students are turning to this area of practice. They are definitely guaranteed work for years to come.

Family law is not just about divorces. There are many firms that specialize in other areas that are covered by family laws. It may be an adoption or the making of a trust fund or will. The divorce attorney is just one aspect of this specialization. He or she may also cover spousal abuse, annulments or even prenuptial agreements. They can also handle real estate transactions if they are experienced in real estate litigation.

In the case of separation, the attorneys for both parties must draw up divorce papers. These documents are going to cover all material possessions, as well as any financial information. The papers will also include information regarding who is going to retain custody of any children from the marriage, as well as child support.

In uncontested divorces, the process is usually pretty quick, as the two partners have already agreed on the split of any possessions and finances along with who will be the primary caregiver of the child. This type of separation is also the cheapest to obtain. Generally, one family lawyer is used and the fees are pretty reasonable.

If there are problems coming to an agreement regarding the settlement and custody, then the lawyers may request the service of a divorce mediation professional. This professional will listen to each party and then try to help them reach an amicable settlement. It does not mean that one party comes out ahead. There will be gains and losses on both sides. No one wins in a separation. There are always casualties and hard feelings if the separation is bitter.

Family law is a growing practice and many attorneys are specializing in this area of the law simply because the divorce rate is climbing. If you find yourself in need of a family lawyer, then you should ask around. Your family, friends or coworkers may know of a great attorney who can help you through your time of need. It will not be an easy process but you can get through it with as little fuss as possible if you act responsibly and maturely.

A free filing for divorce audio gift awaits you at Mike Selvon portal site, where you can enrich your knowledge further about family law.

Family Law Attorneys Can Help

Raising a family can be one of the most difficult yet one of the most rewarding experiences of your lifetime. However, when things begin to go wrong between you and your spouse, this will likely be the most difficult time of all.

Many things can go wrong in a family, especially if you and your spouse decide to call it quits on your marriage. If this happens, you will have to go through many processes to end things and separate your lives, especially if you have children. In this case you will probably want to think about hiring a Denver family law attorney to help you through everything.

A Colorado family law attorney specializes in the processes that you will go through in ending your marriage and can be very effective in easing the situation. The processes that you will likely have to go through that this legal professional can help out with include a child custody hearing as well as a child support hearing.

Probably the most difficult part of ending your marriage will be when it comes time for the court to decide which parent will be awarded custody of the children. When it comes to this hearing, it is a major benefit to have a legal professional on your side fighting for you right to be awarded custody of your children. Additionally, after the custody battle is settled, you will likely have to go through the support hearing, which is just as important to have a professional on your team.

Ending a marriage is hard enough without attempting to go through the legal process alone. If you are facing this situation, you might want to think about hiring a family law attorney. These professionals specialize in the situation that you are going through and will have the knowledge you lead you through the process successfully.

Divorce Law Basics From an Expert Divorce Attorney

Written by: Christine OKelly

Getting a divorce isn't always as simple as many people imagine. For some, a divorce is their first exposure with the court system. For others, negotiating the division of assets, child custody, spousal support and other factors can be handled outside the court system. That said, it's important to note that divorce laws can vary by state.

For example, if you live in Illinois, legal representation by an experienced Chicago divorce attorney can prove invaluable for navigating the choppy waters of divorce law. Below, we'll provide an overview regarding the grounds for divorce, the division of shared assets as well as child custody and spousal support.

Understanding Grounds For Divorce

When filing a petition for the Dissolution Of Marriage, a divorce may be deemed a "fault" or "no fault" divorce. Each state has slightly different laws regarding the classification. If a husband and wife have lived apart for 2 years or longer and irreconcilable differences have destroyed the matrimony, the divorce can be classified as "no fault." On the other hand, a marriage that has broken down due to impotence, adultery, 2 years of alcohol or drug abuse and other reasons may be deemed grounds for a fault divorce.

Division Of Property

During a divorce, the property that is jointly owned by the husband and wife is divided. However, there are many circumstances that dictate whether an asset that is acquired post-marriage is eligible for division. For example, Illinois divorce law makes a distinction between "marital" and "non-marital" assets based upon a number of conditions. These can include inheritances, exclusions based upon agreement and income generated by assets judged as "non-marital." A divorce lawyer in Chicago can provide guidance in complying with these property division rules.

Factors Considered In Child Custody

Negotiating child custody is often difficult in divorce cases. Typically, both spouses want a higher level of custody than the other spouse is willing to allow. When child custody cases are presented in court, the judge considers a number of factors before making a decision. While the child's wishes are often taken into account, the physical, mental and emotional development of the child can supercede them. This development can involve the willingness and ability of each spouse to maintain a continuing healthy relationship with the child if custody is awarded.

Factors Considered For Spousal Support

Many states view spousal support differently for divorce cases. In Illinois, alimony is determined by a number of factors including the monetary needs and earning ability of each spouse. The court will consider whether a spouse's devotion to domestic activities has had a damaging effect on that spouse's ability to earn money in the future. Having the help of an experienced family law attorney can be valuable in presenting an argument in spousal support cases.

Hiring A Chicago Divorce Attorney

Getting a divorce can be a complicated process. While many divorces start amiably and objectively, they can quickly become emotionally exhausting. This is especially true when custody rights for children are being determined. Depending upon the state in which you reside, you should contact a qualified lawyer for representation. If you live in Illinois, hiring a Chicago divorce attorney can be instrumental in preserving your custodial rights, share of jointly-held assets and your interests regarding payment of spousal support.

Many people who seek a divorce are lulled into a false sense of comfort, confident that their soon-to-be ex-spouse will remain objective and open to an equitable distribution of assets and custodial rights. Unfortunately, emotions can often taint the process. The job of a divorce lawyer in Chicago is to negotiate on behalf of the client on the road to reaching a fair divorce settlement.

About the Author: Christine O'Kelly is an author for VojtaLaw.com, a divorce lawyer in Chicago who specializes in family law. Areas of expertise include divorces, separations, adoptions, paternity, child custody and spousal support.

What Does A Family Law Attorney Do?

Written by: Nick Hantge

A family law attorney can help any family with the various problems that arise throughout the lifetime of a family. Those problems can be divorce, child custody, child support, child visitation, domestic violence, marital assets, spousal support, restraining orders and much more. A family is the foundation of the United States and sometimes families just don't get along and need to split up.

Divorce is defined as the ending of a marriage in the presence of a court to the extent that the man and woman are no longer legally bound to each other by the same last name. A divorce is not legal unless it is certified by the court and in some jurisdictions of the country, one party or the other must prove fault in the divorce case. A Denver family law attorney can help with divorce proceedings. Going through a divorce can be physically and emotionally draining for everyone involved, including the children, if there are any.

Divorce involves more than just the division of debt and the distribution of property between the two people involved. Divorce also involves deciding on child custody, visitation rights, child support and spousal support. All of this can be done with the help of a family law attorney. Going through a divorce without the helping hand of a Denver lawyer can be a daunting task and can be ultimately impossible to obtain success. The lawyer will be able to help his or her client in regards to what decisions need to be made.

Child custody is one of the most disheartening battles during a divorce because the husband and wife will use different methods of making the other look unfit to care for the children. Many people make up stories of physical and emotional abuse to tell the judge in a child custody battle. This is when a lawyer would be needed. A Denver divorce lawyer can help the person being accused of these horrible actions get through the allegations and present their case in an appropriate manner.

Child and spousal support are not one in the same. Child support is payments that must be made by one half of the couple in a divorce case to the other half of the couple. Child support is to be used for the child's education, clothing, food, school supplies, medical bills for the child and any other necessities that the child needs to live by. Spousal support on the other hand is payments made to one spouse by the other after a divorce case has been completed. Spousal support goes towards medical bills, legal bills, food, clothing, transportation needs and much more.

If the person who is supposed to be sending the payments refuses to do so or forgets to send them they can be fined by the court or can even face time in jail. A Denver family law attorney will be able to help the party involved in the divorce case receive their payments of spousal support or child support if they are not coming through regularly. All matters involving family law can be resolved with the help of a Denver attorney.

Family Law Covers a Variety of Issues

Family law matters represent a sizable chunk of any jurisdiction's docket and can be among the most emotionally charged matters seen in court.

Family law deals with family related issues and domestic relations, including marriage, divorce, paternity, child and spousal support, child custody, adoption, long-term care for elderly parents, civil unions and other related matters.

Divorce and child custody cases make up the vast majority of family law cases. It requires that a divorce must be certified by the court system to become effective. The terms of the divorce are usually determined by a law court, and may take into account prenuptial agreements or postnuptial agreements. A contested divorce may be stressful to the spouses and lead to expensive litigation in family law courts regarding issues such as child custody, spousal and child support and property division. Less adversarial approaches to divorce settlements have recently emerged in the practice of family law, such as mediation and collaborative divorce, which use a cooperative process and sometimes a single attorney working for both parties to come to an agreement.

Adoption makes up a smaller, but significant area of family law. In adoption, some or all of the rights of the original parents are terminated, and the adopting family gains these rights in a law court. Attorneys in these cases handle negotiations with birth parents or the state, and finalize any agreements among the parties.

Paternity is yet another area of family law. Paternity cases determine the biological parents of a child and establish these parents' rights and responsibilities with regard to the child. As traditional marriage becomes less common, paternity suits and related child support and custody cases are on the rise.

Civil union litigation are an emerging area of family law, as traditional marriage has been joined by civil unions as a legal option. It is litigation that may arise related to civil unions include the dissolution of civil unions, adoption and child custody issues and property and legacy issues.

Our aging population is also giving rise to an increase in guardianship and power-of-attorney actions regarding elderly relatives no longer able to manage their affairs. Attorneys can help the adult children of elderly parents settle disputes and collaborate in the long-term care of their loved ones.

Family law is a dynamic and growing area of the law and parties involved would be well-advised to become as well-informed concerning the subject as possible to better be able to ask and answer questions of their attorney.