Answer:

Divorce can be an emotional time for everyone involved.  Many couples prefer to end their marriage with an uncontested divorce or divorce mediation.  "Uncontested" means the couple can agree on all issues, for example, where children will live, how to divide assets and debts, and whether child support or alimony will be paid.  

An uncontested divorce can be filed quickly and economically, saving years in the court system and thousands in attorney's fees.  When a couple already agrees on how to end their marriage, the Law Office of Danny Coleman, P.C. prepares paperwork including required parenting plans and child support worksheets.  We give the guidance needed to get divorced with as little stress and expense as possible.  Many divorcing couples start with financial troubles.  Moving from one household to two creates further strain.  An uncontested divorce can be the quickest, easiest and most economical way to part so everyone can move on with their lives.

Answer:

Bankruptcy is a legally declared inability of a debtor to pay his or her creditors. It is a legal option designed to alleviate financial crisis. Bankruptcies can usually be described as "reorganizations," or "eliminations" of debt depending on which chapter you file. One of the main purposes of bankruptcy legislation is to afford the opportunity to a person, who is hopelessly burdened with debt, to free him or herself of the debt and start fresh and therefore obtain "a new lease on life." One of the main aims of the United States bankruptcy law is to give a fresh start to honest debtors.  To quote the United States Supreme Court, "It gives to the honest but unfortunate debtor ... a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt."

Answer:

Probably so,  However, this will ultimately depend on the following:
-The type of business you are starting (Service, Real Estate, Franchise Etc.);
-How you plan to raise capital;
-The number of owners or shareholders the business will have;
-The requirements of your vendors, partners, or customers; and
-The short and long term needs of your business.

If you operate as a sole proprietorship or a general partnership, this will expose all of your personal assets at risk for business debts or lawsuits.  Therefore, it is usually recommended that the business be incorporated or a limited liability company (LLC) be formed.  A corporation and a LLC, both offer the benefit of limited liability protection.

Answer:

Traditionally marriage is a civil contract that exists between two people of the opposite sex. In the past, marriage was considered to be between people of opposite genders. However, the times are changing, and same sex marriages are now being considered in some states. Only in very few states are same sex marriages actually legal. To be "capable of contracting", both persons typically must be of age (18), or have consent from a parent. Different states have different statutes on the "legal age" for marrying. The individuals must be unmarried and not divorced within the past six months.

Answer:

Yes, they will.  By law - all actions against a debtor must cease once the documents are filed. Creditors cannot initiate or continue any lawsuits, wage garnishees, or even make telephone calls demanding payments. However, secured creditors such as banks holding a lien on a car or a mortgage on a home may try to get the stay lifted if you cannot make payments.

Answer:

Limited liability means that you, as the owner of the business, are not personally liable for the debts or obligations of the business.  Choosing to incorporate or form an LLC can be very important.  Choosing the correct business formation can protect you from the risk of losing your home or other assets because of a business debt, lawsuit or other claim against your business.
It is important to remember that you must properly separate your business operations from your personal finances, and also follow other legal rules, in order to ensure that you keep your limited liability protection.  These issues are reviewed with all clients who are forming new businesses.

Answer:

A Last Will and Testament is a document which allows you to transfer property you hold in your name to the person(s) and/or organization(s) you want to have it.  A Will also typically names someone you select to be your Personal Representative (or "Executor") to carry out your instructions and also names a Guardian if you have minor children.  A Will only becomes effective upon your death and after it is admitted to probate.

Answer:

In Georgia, Probate occurs in the Probate Court of the County where the deceased permanently resided in Georgia at the time of his or her death. Or, if the decedent was a non-resident of Georgia who owned property in Georgia, probate occurs in the Probate Court of the County where the decedent’s property was located.

Answer:

Common law marriage is only allowed in a small number of states. In a common law marriage, the individuals do not have a marriage ceremony and never obtained a marriage license to get married. Basically, a common law marriage requires an arrangement between the people (of opposite sexes) to act as husband and wife. This agreement can either be made by conduct or by words. The people involved must represent themselves (act in a way to appear to be married) to others as being married. For example, if they use the same name, call each other husband and wife, have children together, open joint bank accounts, and live at the same residence, all of these "indicia" of being married may be sufficient.

Common Law Marriage is a term which generally meant that if you lived with someone, considered yourself married and held yourself out to the world as a married couple, then you were considered married under the concept of "Common Law Marriage". To be considered married under this theory, you did not need to have gone through a wedding ceremony. If you were indeed married under this theory, you remained married until a court granted you a divorce. In Georgia, this concept was eliminated as of January 1, 1997. However, if you were married under this theory prior to January 1, 1997, you may still be considered married under Georgia law.

Answer:

Your wife or husband will not be affected by your bankruptcy if they are not responsible (did not sign an agreement or contract) for any of your debt.  If you are co-borrower on any of your spouses' debts, your spouse should continue to make payments on the debt unless they are also filing with you in a joint (Husband and Wife) case.

Answer:

It depends on the type of business you have.  There may be tax advantages to choosing one over the other, but we would need to meet with you and understand the details of your business in order to advise you on the question.  You can get the benefits of limited liability protection with both a corporation and a limited liability company (LLC).

Answer:

Basically, all adults need a will.  Many individuals think that they do not need a will because they think they do not have sufficient assets which would require a will.  However, a will serves other purposes than simply distributing assets.  In addition to the distribution of assets, a will allows you to specify how your debts should be paid, the individual(s) you would like to have custody of your minor children, and specify your wishes for your final resting place.  Having a valid will can also help to settle your estate at a lower cost.

Answer:

The primary function of probate is transferring title of the decedent’s property to his or her heirs and/or beneficiaries. If there is no property to transfer, there is usually no need for probate.

Another function of probate is to provide for the collection of any taxes due by reason of the deceased's death or on the transfer of his or her property.

The probate process also provides a mechanism for payment of outstanding debts and taxes of the estate, for setting a deadline for creditors to file claims (thus foreclosing any old or unpaid creditors from haunting heirs or beneficiaries) and for the distribution of the remainder of the estate's property to ones' rightful heirs.

Answer:

A divorce is the term used for the legal termination of a marriage. When requesting a divorce, each spouse is required to state a reason for wanting to terminate the marriage. This happens when filing divorce papers in court, and reasons given are referred to as grounds for divorce. If a couple is "common law" married, they must get a formal divorce to end the "relationship."

Answer:

Answer:

An "S Corporation" is a regular corporation that has filed an election with the Internal Revenue Service to be taxed as a partnership.  By making this election, a business owner can enjoy the limited liability protection of the corporate form, together with the pass-through tax advantages of a partnership.  Depending on your business needs, forming an S Corporation might be the best option for your business.

Answer:

If you die without a will, then state law will determine the individuals who will receive your property.  In addition, the court will have to make other decisions in your place if you do not have a will.  For example, the court will have to appoint a guardian for your minor children.  Also, the court will appoint an administrator to settle your estate and distribute your property.  Your property will be inherited and divided as provided for by state law.

Answer:

No. In certain situations probate is a must in order to transfer legal title of property from the deceased’s name to his or her beneficiaries or heirs.

Real and personal property titled as “joint tenants with the right of survivorship” passes to the surviving.

Answer:

Yes.  Spouses can file together.  These are called joint cases.  Also, you can file alone.  Your spouse is not required to file with you.

Answer:

An annulment is basically the process of voiding a contract of marriage. With an annulment, the contract of marriage is treated as if it never happened. Usually, an annulment can only happen if the marriage contract suffers from some type of defect. Some of these defects could include no parental consent for an underage party, an individual lacking the mental capacity to understand the contract, or "fraud in the inducement" of the marriage contract. In any case, an annulment can only be granted to the innocent party. There are no "no fault" annulments.

Answer:

From an individual debtor's standpoint, one of the primary goals of filing a bankruptcy case is to obtain relief from burdensome debt. Relief is attained through the bankruptcy discharge, the purpose of which is to provide a "fresh start" to the honest debtor.

Answer:

A "C Corporation" is a regular corporation. In other words, a corporation that has not filed an "S" election with the Internal Revenue Service.  Depending on your business needs, forming a C Corporation might be the best option for your business.

Answer:

Legal separation is a status of the court where the individuals remain married but divorce-like actions are taken by the court. For instance, the court sets the rights and liabilities for each party in regard to property, debts, child custody, child support, child visitation, and alimony. Sometimes, legal separation is referred to as "separate maintenance". The action of legal separation cannot be later changed into the status of divorce, and if a divorce is later desired, then new legal action would have to be taken.

Answer:

Bankruptcy filings are public records.  However, under normal circumstances, no one other than your creditors and people working on your case will know you if you have ever filed for bankruptcy.

Answer:

A will is the legal declaration of a person's intention for the disposition of his or her property after his or her death. The law of each state sets forth the formal requirements for a legal will. In Georgia:

• You, the maker of the will (called the Testator) must be at least 14 years old.
• You must be of sufficient mind and memory to realize you are making a will disposing of your property.
• The will must be in writing.
• A valid will must be signed by the testator and witnessed by at least two witnesses in the special manner provided by law. These witnesses should not be personals who are designated to take property under your will.

Answer:

LLC is an abbreviation for "Limited Liability Company."  This is a relatively new type of business organization, that combines the characteristics of a partnership and a corporation.  LLCs have become very popular for small businesses.  Depending on your business needs, forming an LLC might be the best option for your business.

Answer:

If you meet the legal requirements of being able to form an enforceable contract with someone (i.e. you are of age, you are not under the influence of drugs, etc.), you enter into a contract to marry, and you consummate the marriage, your marriage will likely be considered valid. Certain obvious exceptions exist, of course, such as when an individual tries to enter into an existing marriage while still married to another. A lawyer can give you a more complete explanation if you are concerned that your marriage may not be valid.

Answer:

One of the fastest and surest ways to improve a credit score is to file a bankruptcy.  Continuing to be responsible for debts you cannot pay will only continue to hurt your credit score.  In general, the sooner someone files a bankruptcy case, the sooner they can begin to repair their credit rating.
One year after a bankruptcy discharge, debtors are eligible for automobile loans on terms as good as those of others, with the same financial profile, as those who have not filed bankruptcy.  The size of your down payment and the stability of your income will be much more important than the fact you filed bankruptcy in the past.

Two years after a bankruptcy discharge, debtors are eligible for mortgage loans on terms as good as those of others, with the same financial profile, as those who have not filed bankruptcy.  The size of your down payment and the stability of your income will be much more important than the fact you filed bankruptcy in the past.

The fact you filed bankruptcy becomes less significant the further in the past the bankruptcy is. The truth is that most banks will probably consider you a better credit risk after bankruptcy than before.

Answer:

A testator, by his or her will, may make any disposition of his or her property not inconsistent with the laws or contrary to the public policy of the state of Georgia.  A testator may bequeath his or her entire estate to strangers, to the exclusion of his or her spouse and children. In such cases, however, the spouse, on behalf of herself or himself and any minor children, may apply to the court for "Years Support," which entitles him or her to part of the deceased's estate sufficient to support him or her and the minor children.

While any real or personal property may be transferred by a will, there are some particular interests in property which may not be transferred because the testator's ownership terminates automatically upon his or her death. For example, you cannot transfer property in your will if the property's owners are joint tenants with a right of survivorship, such as in the case of a joint bank account or a home owned by two individuals as joint tenants with right of survivorship.

Answer:

The divorce process can be complicated or simple, based in large part on how you and your spouse interact. The more the two of you can agree upon, the easier (and less costly) it will be.

Answer:

Answer:

No. Unlike some states, in Georgia there is no need to avoid probate. Court costs are low and procedures are simple. In fact, a will may reduce expenses.

Answer:

Marriage is a legal bond, and if a person desires a divorce, he or she has to get the courts involved. The court will be used to issue a summons against the other individual involved, and then, the person seeking the divorce will have to appear in court to give evidence. Typically, if the case is not defended, a divorce can be a relatively easy process. A divorce can be quick and uncomplicated; however, this is usually not the case when children are involved or when there are disputes over property.

Answer:

The timing of the discharge varies, depending on the chapter under which the case is filed. In a Chapter 7 (liquidation) case, for example, the court usually grants the discharge promptly on expiration of the time fixed for filing a complaint objecting to discharge and the time fixed for filing a motion to dismiss the case for substantial abuse which is sixty (60) days following the first date set for the 341 meeting of creditors.  Typically, this occurs about four (4) months after the date the debtor files the petition with the clerk of the bankruptcy court.  In a Chapter 13 (adjustment of debts of an individual with regular income), the court grants the discharge as soon as practicable after the debtor completes all payments under the plan.

Answer:

Lawyers usually set their fees based on hourly rates. The amount of time needed to prepare a will depends on the complexity of each case.

Answer:

Yes. The Court will have to either determine the issues, or, if all issues are agreed upon, the Court will need to approve the final result. More importantly, only the Court (not the legislature or the mayor or governor) has the authority to grant you a divorce and thereby free each party to marry again.

Answer:

A governmental unit or private employer may not discriminate against a person solely because the person was a debtor, was insolvent before or during the case, or has not paid a debt that was discharged in the case.  The law provides express prohibitions against discriminatory treatment of debtors by both governmental units and private employers.  A governmental unit or private employer may not discriminate against a person solely because the person was a debtor, was insolvent before or during the case, or has not paid a debt that was discharged in the case.  The law prohibits the following forms of governmental discrimination: terminating an employee; discriminating with respect to hiring; or denying, revoking, suspending, or declining to renew a license, franchise, or similar privilege.  A private employer may not discriminate with respect to employment if the discrimination is based solely upon the bankruptcy filing.

Answer:

A Last Will and Testament which is executed in accordance with all the requirements set forth in the laws of the state in which it was executed is a valid will for an indefinite duration of time.  One's will does not actually become effective, however, until death.  Depending on state law, certain events may revoke the entire will or portions of the will, such as divorce.  In Georgia, however, in most cases an event will not revoke the entire will, but will just revoke the portions that are directly affected by the event.  A will be changed or amended by signing a new will or "codicil," which is simply an amendment executed with the same formalities as a will.

A will's terms cannot be changed by writing something in or crossing something out after it has been executed.

Answer:

In Georgia there are thirteen (13) grounds for divorce. One ground is "irretrievably broken" (also known as the "no-fault" ground) which has become the most common (and least contentious) ground for divorce. The remaining 12 grounds for divorce are considered the "fault" grounds.

Answer:

Automatic stay is a bankruptcy court order that prohibits any creditor from collecting debt from a person who has declared bankruptcy.  The filing of a petition under Chapter 7 or Chapter 13 "automatically stays" most actions against the debtor or the debtor's property.  This stay arises by operation of law and requires no judicial action.  As long as the stay is in effect, creditors generally cannot initiate or continue any lawsuits, wage garnishments, or even telephone calls demanding payments.  Creditors normally receive notice of the filing of the petition from the clerk.

Answer:

Under Georgia law, a will is not revoked entirely if a child is born or adopted or if the testator marries after the will has been executed.  However, the will is revoked to the extent necessary to provide for the child or spouse under intestacy laws.  If you divorce after you execute your will, your former spouse will not be allowed to take under your will. Changes in the circumstances of a testator require a careful reconsideration of all provisions of the will and may make a change advisable.

Answer:

No. You may seek and obtain a "no-fault" divorce in Georgia.

Answer:

The automatic stay stops and prevents foreclosure, repossession, garnishments, collection calls, etc.  Upon notice of the Chapter 7 or Chapter 13 case, creditors must cease attempting to collect from the debtor or the debtor's property until further order from the bankruptcy court.

Answer:

In Georgia, you are legally separated if you are no longer engaging in marital relations and you consider yourself to be in an actual state of separation. You can be separated even if you are living in the same household as your spouse. To file a case for divorce, you must be in such a state of separation. The court will not grant you a "legal separation". Rather, you must swear that you are in an actual state of separation and then the court can grant a divorce or an Order for "Separate Maintenance". "Separate Maintenance" is a lawsuit which may be filed in Georgia to address all issues which could be addressed in a divorce case except for the granting of a divorce. Oftentimes people file a case for Separate Maintenance instead of a Divorce for differing reasons. Some of those reasons include religious or moral opposition to divorce or a desire to remain married for a legal benefit (to maintain insurance, social security, etc.) or other various reasons which a lawyer can discuss with you in detail.

Answer:

The 341 meeting of creditors is a required administrative hearing which allows the Chapter 13 or Chapter 7 trustee to ask you questions regarding your debts, assets, and finances.

Answer:

No. While joint ownership in some cases is a useful legal device, it is not a substitute for a will. Besides causing adverse tax consequences, a joint tenancy does not provide for the distribution of the joint property in the event of a common disaster.

Answer:

To obtain a "no-fault" divorce (irretrievably broken), one party must simply prove that, to them, the marriage is over. This can be proven through sworn testimony of one party, even if none of the "fault" grounds exist.

Answer:

You should list anybody and everybody that you might owe money or who might assert a claim of any kind against you.  This includes, but is not limited to: lawsuits, personal guarantees, taxes, child support, student loans, credit cards, medical bills, utilities, mortgages, car loans, finance companies, credit unions, and anyone who may want to sue you.  They might not all be treated the same in your case, and some might not be discharged, but every one of your creditors should be listed.

Answer:

Drafting a will involves making decisions that require professional judgment which can only be obtained from years of training, experience and study. Only the practicing lawyer can avoid the innumerable pitfalls and advise the course best suited for each situation. You should avoid using do-it-yourself wills as they may create problems.  Fill-in-the-blank form Wills typically take longer to probate because judges frequently question the process used in their execution, requiring the witnesses who saw you sign the Will to appear in court. That creates expense, delay, and added legal bills. Another consideration is the possibility of a "Will Contest."  If an individual brings a "Will Contest" because they were not named in the will or because they feel they are entitled to more than what was left to them, the Will not be admitted to probate if the Will were not properly signed and witnessed. In other words, you may think you prepared a valid Will, but it would not be worth the paper it is written on, and that would not be known until after your death.

Answer:

For couples who do not already agree on all issues, divorce mediation is one way couples can work out their differences so an uncontested divorce may be filed.  Mediation works so well, with over 80 percent of couples reaching agreement, that most courts require couples try mediation before a Judge will listen to the case.  The Law Office of Danny Coleman, P.C. assists husband and wife in reaching an agreement that works for their individual situation.

Answer:

Answer:

The state of Georgia recognizes the right of a competent adult person to make a written directive known as a Living Will, instructing his physician to withhold or withdraw life-sustaining procedures in the event of a terminal condition. There are certain specific limitations on the contents, execution and witnessing of a Living Will and you should consult an attorney if you wish to have one prepared.

Answer:

Yes, generally, at least one spouse must be living in Georgia and have lived in Georgia for at least six months.

Answer:

No.  You do not need to use a lawyer to file Chapter 7 yourself or Chapter 13.  However, we advise that you use the services of an experienced bankruptcy attorney because bankruptcy is a highly complex area of the law.  Several clients have come to us after the Court has rejected their petition for bankruptcy and they have been advised to seek legal assistance.Retaining a competent and experienced bankruptcy lawyer is well worth the cost; mistakes in a bankruptcy petition can be costly in time and money.  You will save the cost of an attorney's legal fees many times over through peace of mind, release of stress and probably actual money saved in following your bankruptcy attorney's advice.

Answer:

A will signed and witnessed in another state will usually be valid in Georgia. However, if you have moved here from another state, it is wise to have your will reviewed by a Georgia lawyer in order to ensure that it is properly executed according to Georgia laws, and that your executor is qualified to serve in this state.

An improperly executed will may be void. Thus, be sure you sign your will in the presence of your attorney who knows exactly how the will should be signed.

The Tax Reform Act of 1981 and subsequent tax laws made sweeping changes in the federal estate and gift tax laws. If your present will has not been reviewed by your attorney since 1981, it should be reviewed as soon as possible to determine what, if any, action should be taken in light of the new laws.

Answer:

The person seeking the divorce (the "plaintiff" or "petitioner") must file a document in the appropriate Superior Court. This document is called the "complaint" or "petition." The complaint contains information concerning the marriage such as current living arrangements, children of the marriage, description of marital assets and debts, and the specific reason(s) for seeking divorce. A copy of the complaint will be served on the other spouse (the "defendant" or "respondent") by a sheriff of the appropriate county, or that spouse may acknowledge service by signing a specific document in the presence of a notary public.

Answer:

A trust is an arrangement in which one person (the Trustee) holds and manages property for the benefit of another person (the Beneficiary).

Answer:

When Congress amended the Bankruptcy Code in 2005, it added a "means test" as a way to objectively measure which individuals are abusing the privilege of filing for relief in Chapter 7 bankruptcy.  If an individual cannot pass a means text, a Chapter 13 case will usually have to be filed rather than a Chapter 7 case.  The means test applies to individuals with primarily consumer debts.  The test is administered with a review of the debtor's average income over the preceding six (6) months in order to determine the approximate average monthly income.  If your business or non-consumer debt is greater than your personal debts, a means test may not be required in your personal case.  This can be a great help to individuals that otherwise not qualify for a Chapter 7 case using the means test.  Non-consumer debt can also include some types of judgments, investments and tax related debt.

Answer:

Generally, a complaint for divorce should be filed in the Superior Court of the defendant's county of residence or, if the defendant no longer resides in the state of Georgia, in the county of the plaintiff's residence. With the defendant's consent, or if defendant had previously lived with plaintiff and has been gone for less than 6 months, the complaint may be filed in the plaintiff's county of residence.

Answer:

You are allowed to keep certain assets, depending on the Georgia and Federal exemption law.  In general, a debtor may claim exemption of his homestead and nonexempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding.Most cases filed in bankruptcy are no-asset cases, meaning that there are no assets that are available for the creditors.

A debtor generally is entitled to exemption from levy and sale by virtue of any legal process any real or personal property, or both, in the amount of Five Thousand Dollars ($5,000). (O.C.G.A. Section 44-13-1) If a debtor refuses to apply for exemption under this provision, his spouse, qualified representatives of his minor children or dependents, may make such application and the exemption is binding upon the debtor. (O.C.G.A. Section 44-13-2)

For the purposes of bankruptcy, a debtor may elect, in lieu of the exemption provided under O.C.G.A. Section 44-13-1, the exemption provided under Section 44-13-100 of the Official Code of Georgia. Some of the property which may be exempt include:

• The personal and real property used by a debtor or his dependents as a residence or a burial plot, in the aggregate value of Ten Thousand Dollars ($10,000). A married couple filing can double this exemption.  This exemption refers to and is used to protect the actual equity of a residence and not it's actual value.  For example, if you owe more money on a home than it is actually worth, then there is no equity in the home that would need to be exempted;
• Social security benefits;
• Unemployment compensation;
• Local public assistance;
• Veteran's benefits;
• Disability benefits;
• Alimony;
• Support or separate maintenance to the extent reasonably necessary for the support of the debtor and his or her dependents;
• Pension payments;
• Undistributed interest in a retirement plans(s) or pension plan(s); including a IRA, 401k or other qualified retirement plan;
• Automobiles in the aggregate value of Three Thousand Five Hundred Dollars ($3,500).  This exemption refers to and is used to protect the actual equity of an automobile and not it's actual value.  For example, if you owe more money on an automobile than it is actually worth, then there is no equity in the automobile that would need to be exempted;
• Household furnishings and goods, wearing apparel, appliances, books, animals, crops, or musical instruments that are primarily for personal family or household use not to exceed Three Hundred Dollars ($300) in value in each item and not to exceed Five Thousand Dollars ($5,000) in a total aggregate value.  A married couple filing can double this exemption;
• Jewelry in the aggregate value of Five Hundred Dollars ($500);
• The debtor's aggregate interest, not to exceed Six Hundred Dollars ($600) in value plus any unused amount of the homestead exemption in any property, to a maximum of Five Thousand Six Hundred Dollars ($5,600). A married couple filing can double this exemption;
• Professional books or tools of the trade in the aggregate value of One Thousand Five Hundred Dollars ($1,500);
• Unmatured life insurance contract;
• The debtor's aggregate interest in the loan value on any unmatured insurance contract not to exceed Two Thousand Dollars ($2,000);
• Professional health aids;
• An award under a crime victim's reparation law;
• Payment of not more than Ten Thousand Dollars ($10,000) from the recovery for personal injuries excluding pain and suffering or compensation for actual pecuniary loss; and
• Payment for compensation for loss of future earnings to the extent reasonably necessary for the support of the debtor and his dependents.
  

Answer:

Quickly contact and consult a family lawyer. You have thirty (30) days to "answer" the complaint in writing. The answer allows you to give "your side of the story" and to admit or deny each claim in the complaint. You may also file a "counterclaim" and seek a divorce in response to your spouse seeking a divorce.

Answer:

In a bankruptcy, assets in excess of your allowed personal exemption, or non-exempt assets such as real estate, automobiles and boats may be liquidated by the trustee.  However, most cases filed in bankruptcy are no-asset cases, meaning that there are no assets that are available for the creditors.You will want to discuss this with an attorney before filing.

Answer:

Either spouse may request a temporary hearing where issues of child custody, visitation, child support, alimony, debts and possession of property may be resolved on a temporary basis until final resolution. The judge will issue a temporary order that applies only until the time of the final trial. The temporary order may also prohibit the transfer or selling of assets, or prevent one party from interfering with the other party, or from interfering with the party's children.

Answer:

The following debts are not erased in both Chapter 7 and Chapter 13. If you file for Chapter 7, these will remain when your case is over. If you file for Chapter 13, these debts will have to be paid in full during your plan. If they are not, the balance will remain at the end of your case:

• Debts you forget to list in your bankruptcy papers, unless the creditor learns of your bankruptcy case;
• Child support and alimony;
• Debts for personal injury or death caused by your intoxicated driving;
• Student loans, unless it would be an undue hardship for you to repay; and
• Fines and penalties imposed for violating the law, such as traffic tickets and criminal restitution, and recent income tax debts and all other tax debts.

• The IRS has not recorded a tax lien against your property. If all other conditions are met, the taxes may be discharged, but even after your bankruptcy, the lien remains against all property you own, effectively giving the IRS a way to collect.  However, if you do not own much property at the time the case is filed, this may not be a real issue after the case is discharged;
• You didn't file a fraudulent return or try to evade paying taxes;
• The liability is for a tax return (not a Substitute or Return) actually filed at least two (2) years before you file for bankruptcy;
• The tax return was due at least three (3) years ago;
• The taxes were assessed (you received a notice of assessment of federal taxes from the IRS) at least Two Hundred Forty (240) days before you file for bankruptcy.
  

• Debts you incurred on the basis of fraud, such as lying on a credit application;
• Credit purchases owed to a single creditor in the amount of Five Hundred ($500) or more for luxury goods or services made within sixty (60) days of filing;
• Loans or cash advances (per line of credit) in the amount of Seven Hundred Fifty Dollars ($750) or more taken within seventy (70) days of filing;
• Debts from willful or malicious injury to another person or another person's property;
• Debts from embezzlement, larceny or breach of trust, and
• Debts you owe under a divorce decree or settlement unless after bankruptcy you would still not be able to afford to pay them or the benefit you'd receive by the discharge outweighs any detriment to your ex-spouse (who would have to pay them if you discharge them in bankruptcy).
  

Answer:

Call the police. Additionally, either a lawyer, or a social agency can assist a party in filing a lawsuit to prevent family violence. The court can immediately address issues such as temporary use of a home and restraining orders even if the parties are not married.

Answer:

Chapter 7 bankruptcy cases contemplate an orderly, court-supervised procedure by which a trustee collects the non-exempt assets of the debtor's estate, reduces them to cash, and makes distributions to creditors, subject to the debtor's right to retain certain exempt property and the rights of secured creditors. However, because there is usually little or no nonexempt property in most Chapter 7 cases, usually there is no actual liquidation of the debtor's assets.  These cases are called no-asset cases, meaning that there are no assets that are available for the creditors. A creditor holding an unsecured claim will get a distribution from the bankruptcy estate only if the case is an asset case and the creditor files a proof of claim with the bankruptcy court.  In most Chapter 7 cases, the debtor receives a discharge that releases the debtor from personal liability for certain dischargeable debts.  The debtor normally receives a discharge just a few months after the petition is filed.

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Typically, until a court ruling or agreement, married persons share custody. The judge will try to fashion a custody plan which is in the "best interests of the child." The judge will consider many factors including the age and sex of the child, and the ability of each parent to care for and nurture the child. A child who has reached 14 years of age may generally choose which parent will have custody. A child who is age 11, 12, or 13 may speak to the judge, but the judge is not required to follow the child's wishes.

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In order to qualify for relief under Chapter 7 of the Bankruptcy Code, the debtor must be an individual, a partnership, or a corporation. An individual cannot file under Chapter 7 or any other chapter, however, if during the preceding One Hundred Eighty (180) days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens.

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A "living trust" is a trust that you set up and fund while you are alive. The common legal term for such a trust is "inter vivos."  A trust that becomes effective only upon your death is commonly called a "testamentary trust."

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Yes. The court can award joint custody instead of sole custody. There are two types of joint custody: (i) Joint legal custody, where both parents have equal rights and responsibilities for major decisions concerning the child; and (ii) joint physical custody, where physical custody is shared by the parents in such a way to assure the child substantially equal time and contact with both parents. In awarding joint custody, the court may order joint legal custody, joint physical custody or both. Regardless of the label, the parties should attempt to agree upon (or the court will decide) who has the right to make a decision affecting a child if the parties cannot agree.

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Upon the filing of the Chapter 7 petition, an impartial case trustee is appointed by the United States trustee to administer the case and liquidate the debtor's nonexempt assets. The Chapter 7 trustee will preside over the 341 meeting of creditors and determine whether there are any nonexempt assets available to liquidate for the benefit of creditors.

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Fortunately, in Georgia, usually it is not necessary to try to avoid probate. This is because in Georgia, the court cost are relatively low. 

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Many courts now require that parties to a case involving minor children attend a seminar to help them cope with the ramifications of the case for children. You should check with the court system in your county to see if this applies to you.

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Day Number 1:
The bankruptcy petition is filed with the Bankruptcy Court.  There is an immediate stay so that most actions by creditor are prevented, wages cannot be garnisheed, and legal actions cannot be continued.

Around Day Number 14:
Creditors have usually been advised by the clerk that a bankruptcy petition has been filed. Specifically, the Court will mail your creditors notice of your bankruptcy filing.

Around Day Number 30:
The 341 meeting of creditors hearing is held at the Court.  The debtor must attend this meeting.  Creditors can attend but usually do not attend the meeting.  If they do attend, they usually only have a few minutes to ask questions.  Note: The typical 341 meeting lasts about 4 to 5 minutes, but you should plan on arriving at court at least thirty (30) minutes to an hour early to find your attorney and discuss your case.

The trustee assigned to the case presides. The meeting is either tape recorded or recorded by a court reporter.  The trustee asks you questions under oath such as:
•    Did you read the schedules before signing?
•    Did you list all of your assets?
•    Did you list all of your debts?
•    Are the schedules accurate?
•    Do you want to make any corrections to the schedules?
•    Are your cars insured?
•    Have you destroyed your credit cards?

The trustee either orally, or by giving the debtor written information, will ensure that the debtor is aware of the effect on credit history; the effect of receiving a discharge; the effect of reaffirming a debt; and the ability to file a petition under a different chapter.

Around Day Number 30 and afterwards:  The trustee will sell any nonexempt assets available for the benefit of the creditors. However, because there is usually little or no nonexempt property in most Chapter 7 cases, usually there is no actual liquidation of the debtor's assets. These cases are called no-asset cases, meaning that there are no assets that are available for the creditors.

The trustee has the authority to:
•    pursue causes of action (lawsuits belonging to the debtor);
•    set aside preferential transfers made to creditors within ninety (90) days before the petition;
•    undo security interests and other pre-petition transfers of property that were not properly perfected.
Approximately Day Number 90 (after the 341 meeting):  Usually, and if all goes well, the debtor is discharged and all debts (with some exceptions) are written off.  Depending on the complexity of a case, a discharge may take longer than ninety (90) days.

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Trust can be used for many purposes.  For persons who are elderly or incapacitated, setting up a trust with an institutional trustee (such as a bank or trust company) provides professional asset management and practical assistance, such as payment of monthly bills.  Trusts can also be an important estate planning tool for those seeking to avoid federal estate taxes, make charitable gifts, or protect assets for future generations.  

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In Georgia, both parents can be required to provide assistance to their children until a child reaches the age of 18 years if not in high school, graduates from high school if eighteen (18) years or older, reaches the age of 20 years and is still in high school, dies, marries, is emancipated or joins the military, whichever event occurs first. The non-custodial parent will generally be required to provide a reasonable amount of child support to the custodial parent to assist with living expenses. Child support may also include health insurance, payment of medical and dental expenses, and life insurance.
 
Child Support Guidelines are in effect in Georgia. The guidelines are located in the Official Code of Georgia in section 19-6-15. A calculation will need to be made to determine the appropriate amount of child support. The amount can vary based on various factors including time the non-custodial parent spends with the child(ren), the ages of the child(ren), day care costs, medical costs, education costs, significant income or debt of either party, and obligations to another household. Each year the legislature considers revising these guidelines, so check with a lawyer to be sure these guidelines are still in effect at the time your case is filed. There is a good chance these laws will change by the time your case begins.
 
Additionally, the court will look at the budget of each party. Each party is required to prepare a Domestic Relations Financial Affidavit. The court can then balance the income and expenses of each party when determining the appropriate level of child support (and/or alimony).

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Chapter 13 bankruptcy cases are designed for an individual debtor who has a regular source of income.  Chapter 13 may be preferable to Chapter 7 because it enables the debtor to keep a valuable asset, such as a house with substantial equity, while still receiving bankruptcy protection. It is also favored because it allows the debtor to propose a "plan" to repay creditors over time - usually three to five years.  At a confirmation hearing, the court either approves or disapproves the plan, depending on whether the plan meets the Bankruptcy Code's requirements for confirmation.

Chapter 13 is very different from Chapter 7, since the Chapter 13 debtor usually remains in possession of the property of the estate and makes payments to creditors, through the trustee, based on the debtor's anticipated income over the life of the plan. Unlike Chapter 7, the debtor does not receive an immediate discharge of debts.  The debtor must complete the payments required under the plan before the discharge is received. The debtor is protected from lawsuits, garnishments, and other creditor action while the plan is in effect. The discharge is also considerably broader (i.e., more debts are eliminated) under Chapter 13 than the discharge under Chapter 7.

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Alimony is a support payment by one spouse to another which, based upon various factors may be appropriate in a particular case. Alimony is generally not available to a spouse who caused the dissolution of the marriage by their adultery or desertion. Alimony may be for a limited time period or until the spouse receiving alimony dies or remarries, or may be paid in one lump sum. Again, the court will review the Domestic Relations Financial Affidavit when determining the issue of alimony. Factors the court will consider in determining alimony include the length of the marriage; health of each party; assets of each party; and the contributions of each party to homemaking, child raising, and career building of the other party.

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Any individual, even if self-employed or operating an unincorporated business, is eligible for Chapter 13 relief as long as the individual's unsecured debts are less than $336,900 and secured debts are less than $1,010,650. A corporation, limited liability company or partnership may not file a Chapter 13 bankruptcy case.

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Marital property is generally all property acquired during the marriage, except for that property received by gift from a third party or by inheritance. Each spouse is entitled to an "equitable" (which does not mean equal) share of all marital property acquired during the marriage. There is no set formula or percentage amount used to divide marital property; however, credit may be given to a party who has contributed "separate" or "premarital" property to the marriage. Georgia case law sets forth a complicated formula to determine how the contribution of "separate" property to the marriage is to be handled. Contact a lawyer to discuss this matter if it is an issue in your situation.

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Upon the filing of the Chapter 13 petition, an impartial case trustee is appointed by the United States trustee to monitor the case and administer the payments under the plan.  An attorney from the Chapter 13 trustee's office will preside over your meeting of creditors to insure that you are making the payments under your plan and that it meets the requirements of the law.

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Court orders for money can generally be enforced by garnishment, attachments of property or by a contempt action. Custody and visitation orders may be enforced in a variety of ways from contempt applications to warrants for wrongfully taking or withholding a child.

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The confirmation hearing in a Chapter 13 case is when the judge approves the proposed repayment plan.  After the plan is confirmed, the trustee will begin making payments to the creditors who have filed claims in the case.  The confirmation hearing usually takes place about a month after the meeting of creditors. Chapter 7 cases do not have confirmation hearings.

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It depends. If you reach an agreement on all issues, the divorce is considered "uncontested," and may be granted 31 days after everything is filed (barring a change in Georgia law; check with an attorney as laws change and this time period is constantly subject to change). If disagreement exists regarding any matter involved in the divorce, the divorce will be obtained when the case reaches the court, which can take many months or even years depending on the court's schedule. Of course, if you reach an agreement while the case is pending, you can submit that to the court almost immediately and the case will be over and the divorce will be granted.

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Individuals may file Chapter 13 bankruptcy petitions if they:  Reside, have a domicile, a place of business, or property in the United States, or a municipality; have a source of regular income; and on the date the petition is filed owe less than $336,900 in unsecured debts and less than $1,010,650 in secured debts. The dollar values given here are the published 2010 amounts.  They are regularly adjusted to keep up with the cost of living. Corporations, Limited Liability Companies and partnerships may not file a Chapter 13 bankruptcy petition.

If you filed a prior bankruptcy petition and the prior proceeding was dismissed within the last 180 days, you may not be able to file a second petition and should consult with an attorney and see 11 U.S.C. sec. 109(g).

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Hiring a lawyer, even when parties are in agreement on all terms, will ensure that all matters which should be covered in a divorce are addressed. Acting without a lawyer could end up being a costly error, both to the parties and to their children. Also, a lawyer may only represent one party, so each party should consult with a lawyer of their own choosing. Even if you agree on all issues, you may not recognize or realize potential, even unintended pitfalls which a lawyer may help you avoid. However, Georgia law does not require that you have a lawyer and if you can navigate the legal system and file the appropriate documents while following the applicable rules, it is possible to file and complete a divorce without lawyers involved. This is known as proceeding "pro se."

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Before hiring a divorce attorney, there are some questions you should ask him or her to help you decide if this is the best lawyer for you and your case.

1. How much experience do you have with my type of case?
2. What kinds of resolutions can my case have?
3. How long do you think it will take before my case is resolved?
4. What is your fee, how much do I pay up front, and how often will I be billed?
5. How much do you think this entire process will cost me?
6. How often will I be in contact with you? Your staff?
7. Will anyone else be working on this case with you?
8. Are you going to try to settle my case, or are you going to take my case to trial?
9. Which approach will be better for my case (mediation or arbitration)?
10. Will any unexpected cost be involved?

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Most divorce attorneys tend to charge by the hour. Some attorneys get an "up front" deposit for fees to be drawn from, or for expenses. Some other types of fees that lawyers commonly charge include flat fees, contingent fees, or fees based upon "performance." Usually, these other types of fees will not be present with a divorce case. The hourly rate will usually depend on the attorney's experience, but some other factors include operating expenses and where the practice is located. Also, a good, experienced attorney will probably be able to give you an estimate of how much your case will cost. If you are charged a flat fee, be sure to ask what this fee covers.

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One attorney cannot ethically represent both individuals involved in a divorce case. This is usually because a divorce or legal separation action involves two people with complete conflicts of interest. An attorney can represent one spouse and the other can go unrepresented; however, this usually gives an advantage to the spouse who is being represented.

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Basically, the procedures for a divorce and a legal separation are the same. The same actions are taken for both, and the cases are filed in the same way and go through the court system in the same way. In the end, for both divorce and legal separation, judgments will be entered that divide assets and debts. The judgment determines the financial obligations for each party, and will establish the placement and custody rights for children involved. A legal separation is different from a divorce in a few ways. First, if you get a legal separation then you cannot remarry anyone until you actually get a divorce. Furthermore, in some state, after the divorce, you must wait 6 months or longer to remarry. Also, if you want to get back together with your spouse, then you just dismiss the legal separation. If you are divorced and want reconciliation, then you would have to get remarried. Getting remarried cancels the divorce agreement and settlement.

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In some states, there is a presumption in divorce cases that all assets are divided equally. In others, no such presumption exists. In most cases property accumulated during the marriage is also divided equally, but there are some exceptions to this rule. If the property was inherited or was a gift to a particular party, then the piece usually will not be split as long as the property is not mixed with marital assets. Or, if one of the individuals owned a piece of property before the marriage, then the court would not have the discretion to divide the property.

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No, a divorce attorney is not needed when simply filing for a divorce. However, if your divorce is complicated (such as involving children or the division of substantial assets or property) then it is in your best interest to hire the best divorce attorney you can find (for your local jurisdiction) in order to have your case carried out in the most beneficial way. A divorce will involve a number of complex issues, and since a divorce is final, it is good to have an attorney's advice before you enter into any agreement that may be a problem to your long-term interests.

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The first step when trying to attempt a divorce or a legal separation is filing a Summons and Petition. A Summons is a legal document that will notify the other individual involved, and it will tell them about their responsibility to respond back to the document. Then, the Petition is designed to asserting your claims against the other party in the divorce, and outlines what you will be requesting from the court. Other documents will then be issued, and these include an "Order to Show Cause" and an Affidavit if Support.
 
The Order to Show Cause (sometimes called a "Rule Nisi") provides notice of a hearing to determine the issues involved. Then, the Affidavit is signed by the spouse who has filed for the action, and it may ask the court to grant various types of temporary relief. These documents are then given to the other party involved, and served as divorce or legal separation papers. Then, the rest of the procedure (such as waiting periods, percentage of salary for child support, etc.) will depend on the state or county in which the documents are being filed.

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Both are procedures that dissolve a marriage. An annulment treats the marriage contract as if it never happened, and sometimes people desire an annulment to avoid the stigma attached to the word "divorce." Others prefer to have an annulment because it is easier to remarry in their church. Grounds for an annulment will vary some from state to state. Annulments usually take place only after a few weeks or months following the marriage ceremony, and typically there are no assets or debts to split and no children are involved. Long-term marriage annulments do sometimes occur, and the courts often split up assets, as they would in a divorce. Certain religions may be more tolerant of annulments then divorces. Children from an annulled marriage are not considered to be illegitimate.

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In most states, two reasons a couple could get an annulment are "misrepresentation" and "fraud." An example of this would be if one party failed to tell the other of his or her inability to conceive children, or one failed to tell the other that he or she was actually married to someone else. "Concealment" is another ground for seeking an annulment. This would be if a partner hid the fact that he or she had an addiction to drugs, alcohol, or if the person concealed the fact that he or she was a convicted felon. Also, refusal or the inability to "consummate the marriage" (have sex) is a reason a couple could want to get an annulment. A misunderstanding is also grounds for an annulment. For instance, like one partner wanting to have children and the other one not wanting children.

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The four types of separations include trial separation, living apart, permanent separation, and legal separation. Many of these actually sound very similar. A trial separation is when the couple decides to live in different places for a test period. Couples who do this are trying to decide whether or not to become separated permanently. Living apart is when the parties reside in different dwellings. These parties might not have any desire to get back together. Permanent separation is when a couple decides to split up, and this often follows a trial separation. Legal separation is when the court rules on the division of property, child support, child custody, visitation, and alimony, but does not grant a divorce. Again, some religions sanction (discipline or punish) parties "of the faith" who divorce. Hence, a separation may be more acceptable.

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To obtain a "fault" divorce witch is neither required, nor necessarily advantageous, one must establish that there was some misconduct by one of the parties witch actually caused the divorce. An example of such misconduct is adultery. Adultery in Georgia includes heterosexual and homosexual relations between one spouse and another individual. Other "fault" grounds include desertion; mental incapacity at the time of marriage; impotency at the time of marriage; force or fraud in obtaining the marriage; conviction and imprisonment for certain crimes; mental or physical cruel treatment; habitual intoxication or drug addiction; and mental illness.

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It basically depends on what type of divorce the other spouse is asking for. A no fault divorce cannot be stopped by the other individual. If the spouse not seeking the divorce objects to the other spouse's request for a divorce, then that in itself is grounds for an irreconcilable difference. A "fault" divorce, on the other hand, can be challenged by the spouse not seeking the divorce. The individual will have to go to court to prove that he or she is actually not at fault. If proven, then the "fault" divorce could be defeated.

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Every state requires the individual seeking the divorce to be a resident of the state. Usually, the spouse has to have lived in the state for a certain period of time. Every state is different and the time frame will vary. It could be thirty days to one year. You must be able to prove that you have lived in the state for the specified length of time. South Dakota and Washington are exceptions; they do not specify a period of time that one has to live in the state before seeking a divorce.

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Yes, this is possible if that individual lives in the state for the required length of time. The divorce will be valid even if the other spouse lives in another state or country. The decisions the court makes about the case may not be valid unless the spouse who does not live in the state either consented to the jurisdiction of the court, or is legally "subject to" the divorce court's "power" over the divorce.

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A temporary order is an order from a judge regarding divorce-like matters, even though a formal divorce may not yet have been filed (or service on the other party). An example of this would be when a husband leaves his wife, and she has no money for food, or to take care or her children. If the spouse in need files for a temporary order, the request will be put on a faster track, and the hearing will be "expedited," maybe within a few days. There are many types of temporary orders, and all of them may take place before the divorce action has been filed. Spouses can ask for a temporary order to restrain a spouse from coming near or having contact with the other party.
 
Temporary orders can establish child custody, child visitation arrangements, child support payments, attorney's fees, and alimony payments. A temporary order can also be set up so one spouse does not sell valuable assets before the divorce, or one can be set up to give possession of the family home or car to one of the parties. The temporary orders are valid until the spouses arrive at their own long-term settlement through the divorce process. 

Answer:

First, be "civil" with each other around the children. They can be greatly damaged by improper actions and behavior in their presence. At the beginning of a divorce process, or when one spouse moves out of the house, it is best to visit court on that day or the soonest day possible. The reason for this would be to resolve any very important issues such as children and child custody. If the children are in your care, then you should immediately file for child custody and child support. This is actually a precaution so that you will be awarded the proper amount of child support, and the court will recognize that the children are in your care. By doing this, you will most likely be awarded child custody at the very beginning of your case. Also, by taking this action, your spouse cannot successfully claim that the children had been kidnapped. The court would dismiss this claim if you provide the proof that you did file for custody and child support.

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It is possible that a divorce could cause one party to behave very badly or very violently. Every case is different, but if you fear your spouse might harm you, your children, or your property, then it is best to take the appropriate actions. These actions include moving to a safer location and getting a temporary restraining order to keep the individual away from you and your children, except as permitted by the court. It will also be best to close joint bank accounts and credit card accounts. Remember that you should only take these actions if it is very necessary. Otherwise, these actions, if not called for, will probably cause bad feelings and, you might lose the chance to resolve issues "amicably."

Answer:

There are many reasons why a lawyer might be hired in a divorce case. You would need a lawyer if there is any child abuse, spousal abuse, or sexual abuse involved in the relationship. Having a lawyer would help you get the best arrangements in order to protect yourself and your children. It is also best to hire a lawyer when the other spouse involved has already hired an attorney. This is especially true when the case was many financial issues involved. Also, it is good to hire a lawyer, when the other spouse already has one, so that you will not be put at a disadvantage. You can ask the judge for an adjournment (postponement) so that you will have some time to hire a good divorce attorney.