The Law Offices ofW. Robert Montgomery
Schedule a Free Consultation
720-496-1338
Main Menu

Lakewood Law Blog

Choosing bankruptcy: Not the easy way out

Many people struggle with the idea of filing for bankruptcy because they believe it's the easy way out. They think that it is lazy or that it cheats the system.

The reality is that bankruptcy is designed to help people who are struggling financially. Whether that's due to personal mistakes in handling finances, losing a job or medical expenses makes no difference. A bankruptcy helps people get back on their feet and eliminates unsecured debts to help them do so.

4 tips for telling people about bankruptcy

Filing for bankruptcy is a monumental decision. You may feel guilt because of the societal stigma around this choice. Because of this, you may not know how to approach friends or family members about the topic. 

Bankruptcy is not a scary or bad thing. But because it can be stressful to discuss with other people, here are some guidelines.

Same-sex divorces are complex, but you can get through it

One of the major issues those going through a same-sex divorce have is the reality that marriage was not always legal for same-sex couples. As a result, people who have been together for decades may have a very short marriage but have many assets they need to divide if they divorce.

It can be extremely difficult to break up a marriage regardless of its length, but there are special legal challenges that come with same-sex divorces. Both sides have to agree on how long they've lived together as if they were married, even if they only legally married recently. Only by knowing the true length of the relationship is it possible to know what should actually be considered as marital property.

Talking to your toddler about divorce: 3 tips

When you're going to have a divorce, it can be hard to imagine how you're going to explain it to your child. This is particularly true when your child is young. A child who is only 3 or 4 years old may not fully understand what a divorce is.

They may think that it's like a vacation or a break and that their parents will live together again in the future. Your life as it has been is all they know, so they don't always grasp that there are other possibilities.

When bankruptcy is not your fault

Most people have a stereotype in mind when they think of someone who files for bankruptcy. They assume the person was a big spender with no self-control or perhaps had a gambling addiction. While credit card and gambling debt are real and common, they are not the biggest sources of bankruptcy.

The top causes are actually things you are likely not to have control over. Therefore, you need not feel shame over having to file. And even if credit card debt is your issue, taking control of your finances through bankruptcy is a brave and responsible action to take.

Is a post-divorce modification easy to get approved?

After a divorce, one of the things you may have to deal with is a post-divorce modification. This modification might be used to help change custody or to ask for a different portion of assets. Each modification is unique, so your attorney will need to review a requested modification or help you produce the documents you need for a modification of your own.

Appeals and motions to modify the divorce decree are most common immediately after the divorce, but they can happen many years later in some instances. There are some aspects of the divorce that are less likely to be overturned or changed, and there are some that are more likely to be modified upon request. For example, if a judge rules on how you should divide your property, the likelihood of having that ruling overturned or modified is relatively low. However, if the judge ordered a certain parenting plan and you have legitimate reasons to ask for a modification of your divorce orders, then your child custody order is more likely to be changed to address your future needs.

Bankruptcy from health care is a common reality

Bankruptcy might seem like it's uncommon, but the truth is that it happens more than you may believe. One of the most common issues leading to bankruptcy in America is health care. Despite the Affordable Care Act's intentions, costs have risen and driven more people into debt. This has led to a continuation of people filing for bankruptcy because of health care.

The ACA was designed to reduce the cost of health care in America, but high premiums and other factors have resulted in little changing in terms of finances. Medical bills can be so high that they cause families to limit their necessities, like clothing or food, while they try to pay their medical bills. In many cases, tight budgets and high medical costs lead to bankruptcy.

Same-sex divorce poses unique challenges in court

Same-sex divorces are similar to any traditional divorces, but some couples may face complications. Since the legal date of marriage may not actually reflect how long a same-sex couple has been together, there may be unusual circumstances that the judge has to consider.

As one example, a couple who has been married for 10 years might have actually been together for 20. The relationship is so long that only taking the last 10 into consideration really would not be fair for those involved.

Important bankruptcy terms you should know

Declaring bankruptcy can be intimidating. While it is a decision that may be in your best interests overall, it can still be confusing and stressful. The bankruptcy process involves a lot of procedures and legalities that can be difficult to grasp.

The bankruptcy experience is easier when you understand some of the basic terms about the process. Take a look at the following glossary of bankruptcy definitions.

Don't let high-conflict relationships hurt your children

You and your ex-spouse never got along well, but it's come to a point where you both know that you have to change or risk harming your relationship with your child. You are involved in a high-conflict relationship when it comes to your child, but there is help.

It can be hard to co-parent when there are many things you disagree on. One thing you can do to combat this issue is to agree to go to mediation. Talk to the mediator, learn what other couples do and air out the issues you have. Allow a third party to keep things calm while you talk them through.

Map

The Law Offices of W. Robert Montgomery
13701 West Jewell Avenue, Suite 290
Lakewood, CO 80228

Toll Free: 888-559-9805
Phone: 720-496-1338
Fax: 303-985-5303
Lakewood Law Office Map

Back to Top