Frequently Asked Questions

Family Law:

Do I need a lawyer?
How much will my divorce cost?
Do you help with an uncontested divorce?
How long will my divorce take?
What is spousal maintenance?

Bankruptcy:

What is Chapter 7 Bankruptcy?
Who can file for Chapter 7 Bankruptcy?
How does a discharge affect co-signers?
Will I lose my house and car?
Will filing for bankruptcy affect my credit rating?
Should a husband and wife file a joint Chapter 7 Bankruptcy?

Family Law

Do I need a lawyer?

A good lawyer or attorney will look out for your interests and offer objective and candid advice about your case. Your lawyer can offer a number of resources that you might not normally consider - for example in the areas of real estate, taxation, custody, retirement and business valuations.

How much will my divorce cost?

The costs associated with a divorce vary greatly. The total cost of your case depends upon a number of factors and it is impossible to know in advance how any particular case will play itself out.

Do you help with an uncontested divorce?

If you and your spouse do not contest the divorce and agree on things, we can bring it to close quickly and inexpensively. I can assist with preparing all of the specialized documents necessary for the court and to finalize your divorce. I will make sure matters are handled correctly and that your rights are protected along the way.

How long will my divorce take?

Unless you agree on everything with your spouse, you should be prepared to deal with your case for at least 12 months.

What is spousal maintenance?

Spousal maintenance, what is formerly called alimony, is money one spouse pays to the other to keep the standard of living obtained during the marriage after the divorce. Spousal maintenance and child support are not the same. Child support is for the food, shelter and clothing of a child.

Bankruptcy

What is Chapter 7 Bankruptcy?

Chapter 7 is the most well-known bankruptcy and allows you to discharge your legal financial obligations to creditors, which means that you no longer have a legal obligation to pay the debt. However, certain debts are non-dischargeable. These include student loans, certain taxes from a specific time period (taxes due within 3 years), alimony and support payments, criminal restitution and debts for death or personal injury caused by driving intoxicated from alcohol or drugs.

Who can file for Chapter 7 Bankruptcy?

In order for a person to file for Chapter 7 bankruptcy, that person must demonstrate that he or she does not have enough disposable income to pay off a substantial portion of his or her debts within a reasonable period. Disposable income is defined as a person's net income after the payment of the necessary living expenses, including the expenses for his or her dependents.

How does a discharge affect co-signers?

A discharge only releases the person(s) who filed the case. The liability of the debt to the co-signer remains.

Will I lose my house and car?

So long as you are current on your mortgage and/or vehicle payments and maintain insurance, you may be able to keep your house and/or vehicle.

Will filing for bankruptcy affect my credit rating?

If you have a good rating, bankruptcy will worsen it. However, if you have a very derogatory rating, it may help.

Should a husband and wife file a joint Chapter 7 Bankruptcy?

Yes. A husband and wife should file together if both of them are liable for one or more substantial dischargeable debts. If both are liable for a substantial debt and only one files a Chapter 7 case, the creditor may later attempt to collect from the non-filing spouse.