James Kent Law - LTD

my husband refuses to sign our separation papers and i have already filed for child support and he is trying to tell my case worker that we are still together and that can get me in a lot of trouble. i want to be rid of him and he won’t let me be free what do i do? do i have to fly to vegas and get a quickie divorce or do i have other options? we live in Virginia, i live with my mother and he lives with his but i am trying to go into the military soon and i will not while i am married to him…i need help!!! my husband is also in the us army reserves.

I have heard that a couple can go to Las Vegas Nevada to get a quick divorce. How does this work if you are a resident of another state? Can we really just get the marriage over as fast as they say?
California is a 50/50 state. Will we still have to follow this law?
Points to ponder:
Husband and Wife agree to divorce instantly.

We’ve both been divorced for over 2 years, but we would like to get married in Vegas. Are we required to have our divorce decrees to show proof of the divorces when we apply for our marriage license??

Las Vegas Divorce, Personal Injury, and Criminal Law Firm available to clients 24/7 in emergencies. We want to be be there for our clients when they need us. Even most none clients can e-mail us to schedule a consultation at a time and place that suits their needs.

Considering the myriad challenges homeowners face – from paying for rising property taxes to making needed repairs – it’s surprising more of them don’t pull their hair out while engaging in profanity-laced tirades. But there’s one dirty little word that even the least superstitious homeowner is loathe to utter, let alone ponder: foreclosure.

A foreclosure is a legal proceeding by which a lender forces the sale of a property after a debtor has defaulted or failed to make payments. Legally, a foreclosure is a process for a lender to regain control of the property because the buyer has violated terms of a contract.

To initiate a foreclosure, the lender must serve a notice of default on the debtor after a certain time period when payments are past due. The notice will give the borrower a time frame and list an amount necessary to be paid in order to ‘cure’ the default and avoid foreclosure. If the delinquency and other costs are not paid within a determined time, then the lender – or the trustees in states that use deeds of trust – will set a foreclosure date for selling the property at a public sale.

State foreclosure laws vary. In some states, the mortgage holder must go through a court proceeding known as a “judicial foreclosure.” In others, a non-judicial foreclosure is allowed. Both types require giving notice to the borrower. Regardless of the type, the foreclosure process can be as short as six weeks and as long as two years, depending on the state.

The prevailing thought about foreclosure is “it can’t happen to me.” Yet the experts agree that any homeowner is one unexpected misfortune away from being at risk of losing their property.

Foreclosure are circumstances that any homeowner can be vulnerable to, including an expensive illness or death of a family member, the loss of a job or a significant income change, or a costly divorce. Any of these major, unexpected life events can lead to an inability to afford monthly mortgage payments.

Additionally, with the widespread availability and popularity of zero-interest, balloon-payment, adjustable-rate and other types of loans in the past few years, many borrowers have overextended their resources – purchasing more than they could afford over the term of the home loan, As a result, more borrowers are at risk of future foreclosure.

A foreclosure cannot only leave you without a roof over your head, it also can damage your credit, making it more difficult and costly to obtain financing thereafter.

“First, don’t buy more than you can afford. Don’t get caught up in easy purchase/finance marketing that causes you to act when you should not. And use acceptable debt-to-income ratio guidelines to determine what you can afford.

The easiest way to prevent foreclosure is to simply find a way to pay off the debt, says David Stone, president of Nevada Association Services, Inc., Las Vegas, a collections agency that specializes in non-judicial foreclosures.

“Other options include contacting the lender and arranging a payment arrangement more in line with what you can afford,” Stone says. “Communication with the lender is very important in these situations.”

Homeowners can always negotiate with the lender, but do not ignore letters from the lender, and don’t forget to pay your mortgage, even if you do not get a statement.

Lenders may be willing to give you extra time to pay or may suggest debt counseling to restructure or consolidate your debt. It also may be possible to create a trust account to protect your assets or to rework your loan for an extended time period for the purpose of lowering your monthly payments.

It’s never too late to avoid foreclosure so long as the foreclosure sale has not been completed. After that, a costly lawsuit could be brought in order to show why the foreclosure should be reversed. A court may reverse a foreclosure if it is determined that a substantial error occurred in the foreclosure process. After-the-fact reversals, however, are seldom and extremely expensive to pursue.

A debtor also can opt for a voluntary foreclosure, which involves selling the home to the lender.

This can minimize the damage to a debtor’s credit record. In a voluntary foreclosure, the debtor may not be held liable if the home sells below the debt amount.”

Because of the loss of financial control and the credit damage involved, filing for bankruptcy generally is considered a last resort to avoid foreclosure.

“Bankruptcy can stall a foreclosure. However, eventually the debt will need to be paid or the lender will foreclose on the property.

The reasons for needing an estate plan are as varied as the individuals involved and, it seems, the many myths surrounding the subject do quite a bit of harm.  For example, do you have to be “rich” in order to need an estate plan?  The answer is, “No”, one does not need to be rich to need an estate plan.  All you need is the desire to pass on to your heirs the greatest amount of the wealth possible that you have preserved during your lifetime.

Among the major benefits of a well-drafted estate plan are minimizing the expense of passing your estate to beneficiaries, decreasing the administrative complexities and ensuring to the extent possible that your distribution wishes are followed.

For example, if you own a home, have minor children or grandchildren, grown children in their own marriages, have been divorced, own a business, or expect to receive an inheritance of your own, you need to seriously consider the benefits of properly planning your estate.  Instead of passing problems on to your heirs, you can instead elect to pass on the greatest amount of wealth with the least amount of problems through estate planning.

The largest hurdle, oftentimes, is building a lasting relationship with an attorney who specializes in estate planning.  Going through the Yellow Pages, or asking friends for referrals or using the internet is often a haphazard process without much guarantee of success.

A nationwide group of attorneys who specialize in estate planning has been developed by the American Academy of Estate Planning Attorneys (AAEPA) that can be used as a resource by anyone thinking about creating an estate plan.  All of the attorneys who are members of AAEPA meet stringent estate planning education requirements on a yearly basis and must show continued proficiency in all phases of estate planning.  For example, a minimum of 36 hours of specialized estate planning training in a wide range of estate planning subject is required of each member.  The AAEPA is a self-policing organization dedicated to providing its members the highest possible level of training, sophisticated estate planning software and ongoing education.  For example, the AAEPA created a Fellows Program and the Estate Planning Education Advisory Board in 2008 to ensure that the Academy’s development of Educational support for the members remains on target. The Planning Education Board consists of 6 members and a Chairperson who assist the Academy with the planning of future projects and to provide essential feedback on projects in progress.

Compelling Reasons to Build an Estate Plan

Among the common motivations that compel creation of an estate plan are the following.  The more the following reasons apply to any situation, the greater is the need to complete estate planning  to not only build and protect your hard-earned wealth but, also, to transfer your wealth with as little depletion and expense as possible. With a proper estate plan in place, you can plan ahead to:

1.     Designating who will manage your affairs if you become disabled and when you pass away. If you fail to do so, a court will decide for you not only who receives your wealth but who will make the distributions.  You never know who the court will appoint.   Keep control of your own destiny!

2.     Planning for Medicaid and its impact on your estate if you must go into a nursing home. Nursing homes today can cost as much as $75,000 per year, or more, and a longterm stay can easily impoverish all but the wealthiest families. With proper planning, however, you can shelter assets and keep your family’s wealth intact. Because there is a 50-50 chance that the average adult will spend at least one year in a longterm care facility, it becomes painfully clear this type of planning is extremely important

3.     Avoiding probate, during your lifetime and when you pass away. Do you want the court controlling you or your assets?  Probate proceedings are public, expensive, and time-consuming and should be avoided whenever possible. Leave your money to your heirs quickly, privately and efficiently by establishing a proper estate plan.

4.     Protecting children from a prior marriage if you pass away first. Second marriage planning can be complex and tricky.  Expert legal guidance is needed to ensure your assets are preserved and your children of your first marriage will receive the proper share of their inheritance.

5.     Protecting assets inherited by your heirs from lawsuits, divorces and other claims. Make sure your assets are inherited by your loved ones, not the people you don’t want to receive them, such as their ex-spouses, in-laws, creditors or the IRS.

6.     Imposing discipline upon children or grandchildren who may not be capable or experienced in managing wealth. Make sure your children or grandchildren spend their inheritance wisely and protect their inheritance against inexperience and mismanagement by including specific conditions and rewards in your estate plan.

7.     Providing for special needs children and grandchildren. The loss of governmental benefits can wipe out your estate. Special considerations and planning is needed to avoid the loss of governmental benefits.

8.     Insuring that a specific portion of your estate actually gets to grandchildren, charities, etc. Without planning, a judge will decide who inherits your assets.  Pre-planning your estate ensures your intentions and directions are followed.

9.     Protecting a portion of your estate if you pass away first and your surviving spouse remarries. Special Trusts, commonly referred to as “A-B trusts”, can be crafted to protect your current surviving spouse and to insure that your assets don’t end up in the wrong hands. Take action now to protect your family.

10.    Addressing different needs of different children. No two children are alike. Customized estate planning can assure that each child’s personal needs are addressed in the manner you deem best.

11.    Preventing or discouraging challenges to your estate plan. Establishing a well-drafted and comprehensive Revocable Living Trust now makes it more difficult for objections when you are no longer around to speak for yourself.

12.    Encouraging and rewarding your heirs who make smart life decisions and preventing the depletion of your estate from those who do not. There can be a point at which giving a child more money can make them less productive and less happy.  A Family Incentive Trust can be tailored with financial incentives which encompass your family values and goals to encourage and motivate your children. Such a Trust can be a loving way to support your children while inspiring them to be productive members of society and fostering their sense of self-worth.

13.    Assuring an education for children, or grandchildren, despite what they (or their parents) dream of doing with the inheritance. Establishing an educational trust can assure that your children or grandchildren use their inheritance for education and not fund a vacation in Las Vegas.

14.    Plan for a “BradyBunch” family estate plan and assure that a stepparent doesn’t spend your children’s inheritance and/or provide for a spouse without sacrificing the intended legacy for children of a prior marriage.  A divorce and subsequent marriage can have devastating effects on the inheritance you intend for your children if your estate plan is not reviewed and updated. Often times, the original “traditional” estate plan will not meet the needs or provide the protection needed for your new blended family so proper planning is imperative.
15.    Pursuing charitable goals you may not otherwise feel you can afford. Considerably cutting probate expenses allows you to also leave a legacy to a charitable organization you admire.

If your wealth or disposition desires fall into any one of the above groups, you should contact a member attorney of the American Academy of Estate Planning Attorneys in your area.  Many times, waiting to make a decision about distributing your wealth or deciding who can make decisions for you in case of death or incapacity will result in your dreams for your children and grandchildren, or your favorite charity, never, ever, being realized.  Thus, tarrying in creating an estate plan can cause extreme confusion, turmoil and expense for your heirs that can easily be avoided by contacting an AAEPA highly qualified, trained and tested estate planning specialist in your locale.