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 » 2012 » June

Separation May Lead to a More Amicable Divorce

Relationships are generally plagued with many challenges before the spouses start considering a divorce. Sometimes, separation makes the divorce process a little easier on both parties.

Marching out of a series of arguments and marital battles into a divorce may lead to more trouble down the road. If the couple goes into a divorce with a battle mindset, the two are more likely to complicate the matter than if they have a cool down period.

Brandon divorce lawyer, Reginald Osenton said, “A marriage dissolution can be stressful enough without getting involved in unnecessary conflicts. I have seen how a separation can help make the process easier on both parties. During the separation, each person has a chance to adapt to single life and get a little more comfortable with their future living arrangements. It also gives them time to think clearly about their assets, custody, and other important issues that come up in a divorce.”

Taking the separation route is only an option if the couple is willing to work towards a mutual agreement. If both parties are contentious and looking for revenge, the very suggestion of separating could lead to an argument over which person is leaving the family home and living somewhere else.

The period during a divorce is an emotionally conflicting time in everyone’s life. People have to deal with uncertainty, friends are unsure about which spouse to talk to, and a person’s life goes through a very dramatic transition. Some of these changes are easier to work through when separated.

“Conflicts always lead to a longer divorce process. Anytime a married couple can sit down together to work out the details of their divorce, both parties are better off,” said Brandon divorce attorney Osenton. “If some time apart can help a couple get to that point, they will take a lot of stress out of the process.”

According to the American Bar Association, 95% of divorces do not end up in a contested trial. That means most couples find a way to work out their differences. However, a lawyer should always be involved in the process even if the dissolution is a mutual decision.

To learn more visit, http://www.brandonlawoffice.com.

Posted on Wednesday, June 20th, 2012 at 5:46 pm under News and Press.
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Custody Disputes are not Always about Children

Custody issues in divorce court are generally about parents fighting over control of a minor. However, children aren’t always the object of a dispute.

A married couple that has one or more child may choose to end their relationship, but both parties generally want to continue their role as a parent to their child or children. As each party tries to have more involvement with the child’s life, custody battles are born.

In recent years, the divorce courts have seen an increase in another custody dispute, custody of the family pet. As the two spouses go their separate ways, they may not agree on who gets the dog, or where the cat sleeps. The spouse that always fed the dog may argue against the one that always walked it, in an effort to prove who is the better “pet parent”.

In situations where all parties want to maintain a relationship with the family pet, they should consider what is best for the animal. A large, hyper, dog may not be a good fit for the new small apartment where one of the spouses has moved. Additionally, the spouse that works long hours may be subjecting the cat to long hours of solitude, perhaps too much even for a cat.

The couple has a variety of options that are very similar to the solutions presented to parents in child custody disputes. It’s all about what’s best for the pet, and how to give more pet owners as much involvement as possible.

Joint custody of a pet is a popular choice, as it gives both parties the ability to have the pet in their home for agreed upon amounts of time. This allows the pet to be an active part of both lives. Sole custody with visitation, would allow one person to have the animal reside with them permanently, while the former spouse retains the option of visiting. This agreement is not always limited to visiting the animal within the home, usually the animal can be taken to a park, beach, or walk on a regular basis.

While no pet is safe from a custody battle, the American Academy of Matrimonial Lawyers reported that 90% of pet custody disputes involved dogs. They also have reported a 25% increase in pet custody disputes in recent years.

Couple should consider the age and health of a pet, before establishing any sort of custody arrangement. An older dog may not be able to easily travel from one home to another, or go out to parks, or long walks, for visitation.

During a divorce and custody battle, have an experienced divorce attorney to walk you through the process and help avoid costly mistakes. The future of your family is being negotiated, and the results can affect every member of the family.

Shiobhan Olivero is the Owner and President of Olivero Law If you need a Brandon bankruptcy lawyer, Tampa bankruptcy lawyer, or Tampa bankruptcy attorney, call 813.654.5777 or visit Brandonlawoffice.com

Posted on Tuesday, June 12th, 2012 at 5:42 pm under News and Press.
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Brandon Bankruptcy Lawyer Explains How Long Bankruptcy Usually Takes

Personal bankruptcy usually comes one of two ways: liquidation or restructuring. Each has a typical amount of time associated with it.

Chapter 7 Bankruptcy usually will take six months or so, depending on whether the creditors put up any objections. This type of bankruptcy requires a liquidation of some assets to pay off debts.

In these cases, people seeking bankruptcy will provide a comprehensive list of their debts and their assets and a representative of the court called the bankruptcy trustee will review the information.

“The trustee meets with creditors to come up with an amicable solution to the financial problems,” said Brandon bankruptcy attorney Reggie Osenton. “When all goes smoothly, that process will take between four and six months.”

Filing for Chapter 13 Bankruptcy protection is sometimes called the worker’s bankruptcy because it is structured for people who are still capable of making an income to pay off debts. In this case, the debts and assets are noted and the bankruptcy trustee works with creditors to create a payment plan.

“The advantage of Chapter 13 Bankruptcy filings is that clients usually to not have to liquidate any assets,” Osenton said. All payment plans will require that the petitioner have a job or a steady source of income to make the payments. “Chapter 13 is a better deal for a lot of people.”

A payment plan will have to be approved by the court because it is in everyone’s best interest that the payments get made. This means the new debt will be a number that is affordable for the borrower.

Once on a payment plan is designed by the bankruptcy trustee and approved by the creditors, it will take between three and five years to pay off. Once it gets paid off and assuming everything went smoothly, then the borrower exits bankruptcy with debts paid off.

To learn more visit, http://www.brandonlawoffice.com.

Posted on Friday, June 8th, 2012 at 5:46 pm under News and Press.
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Credit Can Be Rebuilt After Bankruptcy

Among the greatest fears for people considering filing for personal bankruptcy protection is that their credit will be ruined. Bankruptcy filing do affect credit ratings and it will be more difficult to be approved for things like car loans and home loans for a time, but there are steps that can be taken to mitigate the impact that bankruptcy has on a personal credit score.

A personal credit score is the way that creditors figure out whether they want to loan money to an individual. A credit score will affect whether a person gets a car loan or a student loan and it can affect rental agreements and even job applications. A bankruptcy can remain on a credit score for 10 years.

A variety of agencies will want to see the credit score before making a decision about a person – especially with regards to a financial transaction.

Since bankruptcy is inevitably going to have an effect on the credit score, there are a few things that can be done to improve it and move the number back up quickly.

• Review the score. Individuals can review their credit score for free once a year. It is important to look over all of the things that may have popped up on a credit score annually. Mistakes can happen and it those mistakes could hurt the score even if they are not true. It also is important to keep an eye out for fraud. IF someone sues a social security number illegally, it can emerge on a credit score and damage the rating.

• Be diligent about bills. Paying bills on time every time is the simplest and most efficient way to build better credit.

• Apply for new credit. Most people get rid of all of their credit cards when they file for bankruptcy. After the bankruptcy has been discharged, it is smart to apply for another credit card to be used sparingly and always paid off. This will help begin to build positive credit again.

• Avoid scams. Since there are hundreds of thousands of people filing bankruptcy and beginning to try and repair their credit, there are agencies preying on the vulnerable. It is important to investigate thoroughly any agency that offers to help repair credit. Many are expensive and there is nothing they can offer that cannot be accomplished with diligent, mindful attention to personal finances.

Filing for bankruptcy will have a negative effect on a person’s credit rating, but the credit score can be rebuilt with patience and hard work.

Shiobhan Olivero is the Owner and President of Olivero Law If you need a Brandon bankruptcy lawyer, Tampa bankruptcy lawyer, or Tampa bankruptcy attorney, call 813.654.5777 or visit Brandonlawoffice.com.

Posted on Tuesday, June 5th, 2012 at 10:48 pm under News and Press.
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How Bankruptcy Leads to Savings

People are often afraid of the negative consequences of bankruptcy. But the positive side is being debt free, with the ability to rebuild your savings.

A significant number of U.S. bankruptcies are related to medical expenses, and most are due to unforeseen circumstances. A tragedy in the family, loss of work, and unforeseen home repairs that weren’t covered by a family’s insurance provider, are a few examples.

When an honest debtor is looking at their bills and seeing a negative difference between what they have and what they owe, they may feel embarrassed about filing bankruptcy. It is true, credit will have to be rebuilt after a discharge, but the cost of blemished credit is often far less than servicing debt.

Median credit card debt is $3,000 in the U.S. (We will cover average credit card debt in a moment.) If that debt is carried on a card that already has a high interest rate of 18%, that credit card will have a minimum monthly payment of $75/month. If a card holder pays $75/month consistently they will have that balance paid off in 62 months. The bank will take in $1,615.87 making the effective interest rate 53% of the loan’s value.

However, many people are not able to continue with a fixed payment and adjust their paid amount with the minimum payment. The minimum payment of course gets lower as the balance is paid down.

Under the same scenario where a card has a $3,000.00 balance and 18% interest rate, a borrower paying only the variable minimum payment will pay off that balance in 18.5 years. They will make 222 payments and pay $3,923.08 in interest. That is an effective interest rate of 130% of the loan’s value.

When things get tight, that is when families need access to as much of their income as possible. Filing bankruptcy could eliminate all unsecured debt and free up monthly income. Once the bankruptcy is complete and the family is back on their feet, they can begin servicing their own savings account rather than credit card debt.

While credit card debt is on the raise, personal savings is not.

The average family has $3,800.00 in savings whereas the average U.S. family has $15,956.00 in credit card debt. Eliminating credit card balances now can help shift the balance back to a family’s safety net and away from servicing debt.

Shiobhan Olivero is the Owner and President of Olivero Law If you need a Brandon bankruptcy lawyer, Tampa bankruptcy lawyer, or Tampa bankruptcy attorney, call 813.654.5777 or visit Brandonlawoffice.com.

Posted on Saturday, June 2nd, 2012 at 5:40 pm under News and Press.
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