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John Hughes’s Answers

3 total

  • I have a family member that wants to get a divorce but he is incarcerated and carries a sentence of 9yrs wht can he do 2 kids?

    John’s Answer

    His best option would be to get his wife to agree to a divorce on the basis of irreconcilable differences. However, for this to work, both parties must be in agreement and willing to sign the petition and property settlement agreement.

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  • Do I have a case or not against my ex husband??

    John’s Answer

    The short answer in no. Until a joint petition for divorce and property settlement agreement has set at the courthouse for 60 days it can not be ruled upon. The 60 days actually apply to the petition, but without the petition the PSA is no good. Anything you agreed to before the PSA is actually filed is of no consequence. You need to look at filing for divorce on a fault based ground. He may not even show up to defend against the case...and you can still get your divorce granted.

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  • Is a debt repayment plan required to file Chapter 7 as an individual debtor?

    John’s Answer

    A chapter 7 bankruptcy, also know as a liquidation, requires no repayment plan for debt. Generally the only debt we advise our clients to keep are those that are secured by collateral that they deem to be necessary to they way of life. Contrast that to a chapter 13 bankruptcy, you will be required to file a repayment plan for your debts over a 3 to 5 year period. How this plan is structured depends on the type of debt you have and whether there is disposable income available to pay general unsecured debts.

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