FAULT GROUND DIVORCE
Equitable Distribution of Personal & Real property
There are generally two types of divorces a Fault ground divorce which raises issues of relative fault including but not limited to Adultery, Abandonment, Abuse, etc. Generally rasing a Fault to establish grounds for a divorce becomes rather involved and on some occasions requires a trial before a Judge and at times witnesses to establish the basis for the fault based divorce. Raising grounds of fault is helpful to prevent another spouse from collecting Spousal Support if it is established that the spouse requesting Spousal Support has committed fault and is therefore not entitled to receive the benefit of support from the injured but higher earning spouse.
No-fault Divorce is based on the Irretrievable breakdown of the marriage and irreconcilable differences between the spouses as a basis to receive the entry of a divorce and does not depend on fault as grounds for the entry of the divorce.
Timeline of Divorce
If the parties have not been separated for 1 or more years there is a 90 day waiting period from the date a filed divorce is properly served on the other spouse whereupon if there are no support or equitable distribution issues remaining between the spouses a divorce can be entered a couple of weeks thereafter
If the spouses have been separated for 2 or more years with no outstanding issues between them and they both consent to the divorce it can be entered within a matter of a few weeks.
TYPES OF CUSTODY
Primary Physical Custody
Is genrally defined as the parent who has a majority of the physical custody of the Child(ren) on a timeline.
Partial Physical Custody
Is generally defined as the parent who has phsycial custody comparatively less than the other parent usually this schdule is an every other weekend schedule of custody but can be any variation thereof that by camparison to the other parent is less than 50% percent of physical custody of a child as measured on a timeline.
Joint Physical Custody
Is defined as each parent having equal physical custody of a child such as week on, week off, day on,, day off, month off, month on, etc.
Is defined as a parent who has custody of his or her child(ren) in the presence of a third person whehter it is a grandparent, aunt, uncle, or unrelated third party.
Chapter 7 Bankruptcy
Chapter 13 Bankruptcy
*Stop Creditor Harrassment
*Stop tax levies
*Stop Sheriff sales oF property
*Avoid tax debts in some cases
*Save a home from foreclosure
*Save a car from repossession
FREQUENTLY ASKED QUESTIONS
Will I lose my home?
In most cases an individual or husband and wife filer(s) are able to keep their home and still file bankruptcy to discharge their other debts such as credit cards, medical bills, judgments, utility bills, personal loans, etc.
Will I lose my job?
No there is an anti-discrimination clause built into the Federal law that protects all employees Federal, State, Local, Private employees from losing their employmen by exercising their rights to file a bankruptcy.
Will bankruptcy destroy my credit?
Most individuals who file bankruptcy already have or will soon have bad credit ny virtue of their level of debt in relation to their inability to pay for the same. Upon the receipt of a Discharge in bankruptcy most individuals credit scores actually go up and not down.
Will I be able to get a car loan or mortgage after a bankruptcy?
Yes on most occassions a debtor who has filed bankruptcy has now discharged all of his debt, his credit score generally will go up and most lenders will acutually extend credit to debtor provided that he has had steady consistent employment for at least 2 or more years. Some debtors actually receive car loans and/or mortgages in a chapter 13 bankruptcy while still in a pending case and the Court will generally grant the approval for the same.
SLIP & FALLS
ALIMONY PENDENTE LITE
WILLS & ESTATES
Last Will & Testament
Power of Attorney
Living Will/Advanced Directive