- DivorceThe marital settlement agreement embodies any agreement between the parties concerning property division, payments of maintenance, child support and child placement, payments of debts and selling of assets. If the court approves such agreement the divorce will be concluded at a Stipulated Divorce Hearing before a Court Commissioner or a Circuit Court Judge. The divorce will only be finalized at this time if both parties are in agreement to all issues. If the parties are not in agreement as to all issues necessary to dissolve the marriage a Contested Divorce Hearing or trial must be held to conclude the divorce. At trial a Circuit Court Judge will decide whatever issues the parties could not decide amongst themselves. Upon the filing of a legal document titled the Findings of Fact, Conclusions of Law and Judgment your divorce is official. This Findings of Fact document takes into consideration the final terms of the divorce.
- Child SupportCustody involves the authority to make decisions concerning a child's life, such as schooling, religion and medical care. Joint custody includes both parents cooperating in the involvement of these decisions. Sole custody means only one parent is making these decisions. Joint custody is favored in the court system. Custody does not necessarily determine all aspects of payment of child support.
- Child Custody and VisitationPlacement involves where a child physically lives. The parent with whom the children live with the majority of the time has primary physical placement. The parent who does not have primary placement may have visitation rights which is commonly referred to as periods of placement or secondary placement. Additional placement arrangements include shared placement where both parents have at least 92 days of court ordered periods of placement a year. Child placement is a important determining factor in payment of child support.
- PaternityIn most paternity cases courts favor joint legal custody between the Mother and Father. But Mother will have primary placement rights with Father having placement "upon reasonable time and notice". These are generalities and not always the standard in paternity cases.
- Spousal SupportMaintenance is also known as alimony. Maintenance is payment of money by a higher-paid spouse, to help support the lower paid spouse with the level of lifestyle accustomed to while married.
- Legal SeparationIn terms of legal process and procedure, both divorce and legal separation are the same. The legal outcome of both divorce and legal separation results in a final judgment entered by the court. The final judgment finalizes the divorce or legal separation with the division of assets/ property and debts, determination of custody and placement rights if children are involved, and each party's financial responsibilities towards one another and the children. The difference between the two is that a person who is legally separated is still legally married to their spouse.
- Child AbuseFor minor children a restraining order based on child abuse may be in effect for 2 years. Then one must petition the court before termination of the existing restraining order to get the child abuse restraining order extended beyond 4 years.
- DUI/DWIGenerally, owing the government money (ie: recent or untimely filed tax returns, tickets, fines), criminal restitution, damages caused by drunk driving or drugs, most student loans, alimony and child support, repeated bounced checks and creditors not listed in your bankruptcy at all.
- Restraining OrderYou can ask the court for a restraining order. There are 2 types of restraining orders that can be obtained for an adult. One is based on domestic abuse the other based on harassment. A restraining order based on abuse can be effective for up to 4 years, based on harassment for not more than 4 years. If a person wishes their domestic abuse restraining order to extend past the 4 years this request must be made by petition to the court before termination of the existing restraining order.
- Social Security DisabilityThe average monthly income you have received in the past 6 months prior to your bankruptcy filing, not including Social Security Disability or death benefits and payments to victims of war crimes. Gross annual income is important to determine whether you should even file a Chapter 7 at all. Your net monthly income is important to determine whether your regular monthly expenses even outweigh your net monthly income.
- BankruptcyGetting rid of, eliminating or DISCHARGING your debts amounts to a Chapter 7 bankruptcy filing. Most or all of your assets are protected.
- ForeclosureA person may file a Chapter 13 to save a home from foreclosure or sheriff sale or maybe because he or she has fallen behind on their monthly mortgage payments or vehicle payments.