Bankruptcy and Immigration are both under the jurisdiction of the U.S. federal courts, but administered by separate divisions within the federal court system. Leaving your country for the start of the better is the most exciting and challenging thing one can ever think of doing. United States is known as the land of opportunities, freedom, and a start to live American dream. The cost of immigration can be high and sometimes many jobs do not pay as well as one would hope. Adding the stress of how immigration status can be affected by existing...
read moreFathers going through divorce frequently report to us that the process is much more stressful and complicated than they first anticipated. This is due the the court’s stritct requirements that a detailed parenting plan and child support worksheet and addendum be filed with the court, with a supporting domestic relations financial affidavit. Once you add this to mixture of emotions and trying to the best father possible, things can get really hard for when you are also working many hours to support your family. However, there are ways...
read moreWe frequently talk to clients about whether they should file for a legal separation (separate maintenance) or a divorce. The answer usually is in both the emotions and facts of the case. For example, emotionally the parties feel their may be a chance of reconciliation, a separation may be the best course of action. And from a practical standpoint, a separation is good if both of the parties are on one of the spouse’s employer sponsored health insurance plans and they want to continue the coverage. Below is a discussion of other...
read moreDivorce can be a hugely stressful time, and sometimes pets can be a large source of added tension. While Georgia courts usually view your pets as property subject to equitable distribution, we understand that to many people, pets are a valuable member of your family. Pets are often treated like children and your kids may have formed significant attachments to them. No matter the case, you will certainly want what’s best for your pets in the event of a divorce. Over 63 percent of American households own pets and over half of marriages end in...
read moreWhen the process of a divorce is started, the court will generally issue certain orders that are to be obeyed while the divorce is happening, they are known as automatic domestic standing orders. In Georgia, the standing order is put in place to protect both of the divorcing spouses from misconduct. A violation of any of the standing orders can result in some jail time due to being in contempt of the court. The standing orders vary from county to county, for example, in Fulton county the divorcing spouses are restricted from: Removing...
read moreIn today’s time, being in debt and having to file bankruptcy is not an uncommon thing. Some people have debts that they can live with and slowly pay off, however, some people are living with a debt that they cannot pay off and to make matters worse, the debt keeps getting bigger. Some of those people that are in huge amounts of debt do not know that they have bankruptcy as an option, and those that do know simply refuse to use bankruptcy because of the negative views it has gotten from the media. Some people just don’t the benefits that...
read moreValuation of the Business An important step in any divorce situation involving a practice or business that has significant value is to have it valuated by a business professional. In most cases the spouse with the practice / business will attempt to devaluate the businesses assets, clients, cash flow, goodwill, and potential for economic growth. It is important that you not settle for the estimated amounts provided by the other spouse and to insist an evaluation be performed on the business to determine an accurate reflection of the...
read moreWhat is a Motion to Dismiss? A motion to dismiss is a form of legal pleading in response to the filing of a court case in which the defendant request that the court throw the case out of court. A plaintiff may also file a motion to dismiss a case if a settlement is reached or if it is recommended by counsel that the case be closed. If the defendant files the motion to dismiss it is generally assumed that the defendant denies any claims brought forth by the plaintiff. A Motion to Dismiss can be filed in almost any type of litigation or case...
read moreSay that after a divorce, the judge has ordered one of the spouses to pay child support to the other. It may be possible for the paying spouse to miss payments and end up having a lot of back child support. It may also be possible that the paying spouse has may file for bankruptcy. The immediate question upon learning their ex-spouse has filed bankruptcy will they still be receiving their child support as ordered in the divorce. It is important to note, this discussion also applies to parents of children that were never married – but...
read moreIt is natural to worry about what kind of effect filing for bankruptcy will have on your life. The filer may worry about his employer finding out they filed for bankruptcy and what may happen if they did find out or what kind of impact bankruptcy can have on any potential jobs in the future. To clarify, it is possible that an employer could find out about an employee filing for bankruptcy, the good news is that typically a bankruptcy does not have any impact on their job. Does Filing for Bankruptcy Mean You Lose Your Job? Filing for...
read moreBankruptcy fraud is considered a “white-collar crime” one that requires premeditation, an intent to commit a crime and legal bankruptcy paperwork. There are four main different types of bankruptcy fraud which include: Concealment of Assets: The debtor conceals assets to prevent from the assets being liquidated or seized. The debtor may try to hide the items location, report the items stolen, or temporarily transfer the items to family and friends. False Information: The debtor files forms with incorrect information or forms that are...
read moreWhen going through a divorce there is the good, the bad, and the ugly; it is important to know ahead of time what you are in for. Sometimes the good greatly outweighs the bad instantly, but in most situations it may take some time to see these types of results — so be patient and keep an eye out. The following are the good, the bad, and the ugly about going through a divorce. The Good Parts of Divorce You will get a new start with a divorce and a chance to rediscover yourself at a new stage in your life. A fresh start will allow you to get...
read moreWhen the Kids are Older Generally, kids will handle a divorce better if they can maturely handle it. Younger children typically will not handle the changes or relationship dynamics and the splitting of parents as well as older children. In addition if the children are younger it is more likely that parenting conflicts between the parents will be more prevalent and co-parenting will be more difficult. Younger children are less likely to want to transition during visitation and are more reliant on a steady care taker. As children mature they...
read moreDividing a Business in a Georgia Divorce Equitable division does not mean an equal division. In the case of divorce in Georgia your business and practice can be considered for equitable division between the spouses. Any type of business that is referred to a “closely held” such as a partnership, LLC, professional practice, and or corporation that’s shares are not publicly traded can be considered a marital asset during a divorce proceeding. Even if the business was initiated prior to the marriage the business can still be viewed as marital...
read moreSecond Hand Information During your divorce case you are likely to receive a lot of second hand information as to what to expect. You will also probably hear second and even third hand information about the “supposed” legal processes and you may also hear your share of horror stories. Unfortunately for you it is likely that you will be flooded with a lot of information about divorce and the majority of the information you will receive will be for the most part irrelevant or incorrect. You should be very wary of taking friends and family...
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