Questions and Answers

Bankruptcy

What is the difference between Chapter 13 and Chapter 7 bankruptcy?

Chapter 7 bankruptcy specifically aims to liquidate assets in order to pay off your debt. This can be a good option if you currently don’t have any disposable income and know you won’t be able to successfully pay your debts. Chapter 13 bankruptcy, however, allows you to keep your assets. Instead, it uses a payment plan to consolidate your existing debt and so make your payments more affordable.

How do I know what type of bankruptcy I should file for?

The type of bankruptcy that you file for will vary depending on your situation. Because bankruptcy law is somewhat complicated, it can be helpful to speak to a lawyer to determine what’s best for your situation.

What are the benefits of filing for bankruptcy?

The biggest benefit is that it prevents creditors from collecting your debt. Additionally, though, there are a couple of other benefits. For one, people who file for bankruptcy may be able to go through the process without losing too many of their possessions. For another, filing effectively wipes the slate clean and helps to free you from debt.

If I’m married, do both me and my spouse have to file for bankruptcy?

With Chapter 7 bankruptcy, you actually have the option of only one partner filing for bankruptcy. This allows either you or your spouse to keep assets you may otherwise lose. Additionally, it allows one of you to avoid negative changes to your credit score. This can be a good option to help avoid some of the side effects of filing for bankruptcy.

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Family Law

What is the process for getting an adoption certificate?

Anyone looking to adopt a child in Arizona needs to go through a legal process proving that they’re qualified adopters. To start, you’ll need to file a written application for an adoption certificate. Then, you’ll need to go through adoption orientation and training to make sure that you understand the process. Finally, you’ll have a certification investigation. This investigation specifically looks at things such as your current finances, your moral character, and your background. If everything checks out, then you’ll be able to receive your adoption certificate.

How does the court determine child support?

There are four primary criteria that the court will look at to determine child support. These are your income, your household expenses, the other partner’s income, and the other partner’s household expenses. Based on these, the court can help determine a child support payment that’s fair for both parties.

If I am a grandparent, do I have any rights to the child?

Yes, although the rights are limited. While you cannot interfere with a parent’s ‘right to parent,’ you can obtain visitation rights (and, sometimes, the right to make certain legal decisions) if it can be proven that the child will benefit from having a relationship with you.

What is the difference between legal and physical custody?

Legal custody is, specifically, the right of a parent to make major decisions on behalf of the child. These decisions include where they should go to school and what religion they should be raised as. Physical custody determines which parent the child physically lives with. While connected, these two types of custody are not the same.

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