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Recent blog posts

Rockland County family law attorney legal separation

Most couples who find themselves on the road to divorce briefly think about the idea of separation before actually going through with the filing process. The motivators for exploring this option can stem from a multitude of factors; money, for example, is usually a big factor. Research shows that divorced couples typically experience greater financial hardship after divorcing than the money struggles they experience during their marriage. Some people simply stay married and first attempt separation because it is financially detrimental to both parties to legally dissolve the marriage.

Candidates for Separation

Psychology experts indicate that a majority of couples who choose to try separation do so because deep down they do not wish to divorce. While money and other circumstances may be contributing factors to a couple’s decision to take time apart, a number of people separate to see what space can do for their marriage and to see if the break can potentially salvage the relationship.

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Hudson Valley Area bankruptcy fraud lawyer

Bankruptcy can help debtors turn their lives around, but it is a highly complex process with a lot of potential pitfalls. Landing in one of them can have consequences that range in severity, from difficulty in getting the bankruptcy discharged to a full-on bankruptcy fraud investigation with additional consequences if found guilty. If you are planning on filing for bankruptcy, know your risks and how you can best avoid these possible consequences.

What Is Bankruptcy Fraud?

Bankruptcy is intended for those who cannot afford to pay back their creditors. If, however, one files simply to avoid paying debts that are owed, he or she can be found guilty of bankruptcy fraud—a broad term used to describe any and all intentional abuse of the system. This can include:

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Rockland County bankruptcy attorney

Sometimes, life attacks from multiple sides at once. Unfortunately, it is not terribly uncommon for those going through a divorce to find themselves facing the possibility of filing for bankruptcy protection at or around the same time. In some cases, the couple’s debt may have contributed to the decision to divorce. In others, the breakdown of the marriage and the subsequent separation may have pushed one or both spouses into a troublesome financial situation.  However, depending on your unique situation, it can be difficult to determine which proceeding should happen first and how to handle both. A skilled attorney can assist you in exploring your legal options to achieve a secure financial future. 

Divorce First

Depending on the situation, getting a divorce before filing for bankruptcy can be the best path for many couples. There are two different types of bankruptcy filings that are primarily used by private individuals and families, and they are referred to by the chapter in the U.S. Bankruptcy Code under which the petition is filed. Generally, Chapter 7 is used to discharge debts for individuals or couples with very few assets, while Chapter 13, also called reorganization bankruptcy, is for those with steady income and debt that it is possible to restructure. 

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