HAMPTON ROADS LEGAL SERVICESPutting you in charge of your Financial Life

Monthly Newsletter September 2014

Inside…

Page 2Fresh Faces

Page 3Fresh Start through Bankruptcy

Page 3Fresh Start through Divorce

Fresh StartIn honor of our new office, this month is all about fresh starts.

We have moved into our new office and we are really happy with our Fresh Start at our new location. It was a hectic couple of days during the moving process but we made it. Of course with any move, there are always issues that have to be resolved. Hopefully by the time that you get this, we will have all the hitches worked out.

I thought you might want to see some pictures of the move.

Annette and Colleen load up supply cabinet Annette’s new desk area

Chelsea puts the client files away

Chelsea’s new desk areaColleen’s new desk area

Mrs. Pfeiffer’s new office

Patty in the new front office Patty setting up the front desk

2 • Hampton Roads Legal Services (757) 340-3100 • HamptonRoadsLegal.com

Fresh Faces

We have some fresh faces here in our office. We welcome Patty Tauzon as our new front office Administrative Assistant. She will be answering the phones, checking you in for appointments and assisting you as you move through the process of having your case filed. Patty had to hit the ground running but she got to set up the new front office the way she wanted it. She has shown that she will be a real asset to the firm but remember she can’t know all the answers right away. If she is unable to answer a question when you call, she will get with someone and give you a call back with the answer or schedule you a time to talk to the appropriate person. Patty is a native of Colorado Springs, CO. She moved to Virginia Beach earlier this year with her new husband who is in the Navy. Before moving to Virginia Beach, she worked at a non-profit organization as an employment specialist. She loves helping people and will be the smiling fact you see when you walk into the office. When she is not working, she loves to take care of her dog Kobe, go to the beach and cook for her husband.

We also welcome Ben Mitchell to our office. Ben is a 2nd year law student at Regent University and he is completing a bankruptcy internship with us this semester. He is a native of Southern California. While at Regent, he has been involved in competitions in negotiations, trial advocacy, and moot court. He has also worked with The Center for Global Justice whose mission is to support justice, personal and religious library, and oppose human trafficking internationally. He is now doing Bankruptcy Practicum which has brought him here, where he is assisting us in all aspects of bankruptcy cases. When not in school, Benjamin and his wife Kim enjoy traveling abroad, which is how they met. After law school, Benjamin plans on taking the Bar either in Virginia or at home in California.

HamptonRoadsLegal.com • (757) 340-3100 Hampton Roads Legal Services • 3

Fresh Start through DivorceEdrie A. Pfeiffer

Sometimes a married couple reaches a point where they determine that the marriage is not working and cannot be saved. They come

to a mutual agreement that it is time to move on and get a fresh start in their life by divorcing. Many times this is referred to as a no fault divorce, neither spouse has done something that would be the basis for a divorce action, like cruelty or adultery, but the couple want to end the marriage. In Virginia, we call this a divorce based on a legal separation. To file a divorce based on a legal separation, you must be separated for the required period of time and one of the spouses must intend to end the marriage. While it does not require a mutual decision to end the marriage, the majority of the time, the spouses are in agreement that they want to end the marriage.

There are two different lengths of time that you must be separated. If you have minor children of the marriage, you must be separated for one full year before you can file a divorce action. If there are no minor children, you can file a divorce after a six month separation, if you have a written separation agreement that has been signed by both spouses. If you do not

have a written separation agreement, you have to wait until you have been separated for one full year before you can file for a divorce.

A separation agreement will assist you in getting the fresh start after the divorce. The separation agreement should cover all the things that need to be resolved as part of the divorce process to include the division of all assets. I frequently have people call and say they don’t have any property so they don’t need to do a division of property. However, property includes more than just real estate. A separation agreement should cover everything from the household goods to the debts that are owed. While you can do a separation agreement without the assistance of an experienced attorney, an attorney will make sure that you have covered all the different issues that need to be addressed.

For couples who have minor children, a separation agreement is a good way to decide the issues concerning the children between the two of you. This includes custody, visitation and support. If you are unable to work out these issues yourself, the court will make a determination. However, you can be sure that neither party will be completely happy with any decision that the court makes. It is far better to work together to reach an agreement on custody, visitation and support than to ask the court to make these decisions for you.

If you have reached the point where you are ready to end a marriage and start fresh, I would be happy to talk to you about your situation. Give us a call today at 757-320-2010 to schedule a free phone consultation. However, if I have represented both you and your spouse in a bankruptcy, I cannot represent either of you in a divorce action.

Fresh Start through Bankruptcy

There are many circumstances that can cause an individual or a couple to reach a point where they need

a fresh start from their debts. They may have had lost income from medical issues or a period of unemployment. Perhaps they have gone from a two income household to a single income due to a spouse no longer working or due to a separation. Sometimes, they just realize that they have gotten in over their heads in debt and can’t see a way out. In circumstances like this, a bankruptcy can provide a much needed fresh start.

I frequently have individuals ask me how much debt they should have before filing a bankruptcy. My answer is always the same, it doesn’t matter what the number is for the amount of debt, what matters is your ability to repay the debt. If you have the ability to pay off all your debt except a mortgage and/or student loans in a three to five year period without using the money that you need to support yourself and your family, then you should pay off your debt. If the only way that you can pay off your debt is to cut your living expenses to a point where you are merely surviving or if there is no way that you can pay off the debt in a three to five year period, then bankruptcy may be the solution for you. If your income is $70,000 a year, you have the ability to pay back a far larger amount of debt than someone who only makes $25,000 a year. The dollar number on the debt should not be the deciding factor in filing a bankruptcy. You should focus on whether you need a fresh start.

Many individuals believe that filing bankruptcy is a terrible thing and something to be ashamed about. However, bankruptcy is actually provided for in our Constitution and was viewed as a better solution for everyone than the debtor’s prisons. Over the past two hundred plus years, there are many prominent individuals who have filed a bankruptcy at one point in their life. If you are interested in seeing who has filed bankruptcy from different walks of life, google famous people who have filed bankruptcy sometime. You will get many different lists that show you individuals who have filed. In addition, a form of bankruptcy is actually found in the Old Testament in the Bible. The Jewish people were commanded to forgive all debts and release all slaves after a set period of time. So even as far back as biblical times, it was recognized that sometimes individuals need a fresh start free from debts.

If you are struggling with debts that you cannot afford to pay back, give me a call at 757-320-2010 to schedule a free consultation. I will look at your situation and show you how a bankruptcy can give you a fresh start.

One of the nicest parts of our practice is when someone sends a friend or relative to us. Be sure that to tell people you refer to us to give us your name so we can recognize and reward you. We would like to recognize the following individuals who have recently referred new clients to us.

Hampton Roads Legal Services located in Virginia Beach assists clients with Debt Relief, Bankruptcy, Family Law, and Estate Planning matters. We serve clients throughout Hampton Roads including Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, and surrounding areas. This firm is not a public legal aid agency.

PRSRT STDU.S. POSTAGE

PAIDNORFOLK, VA

PERMIT NO. 281

Hampton Roads Legal Services372 S. Independence Blvd., Suite 109Virginia Beach, VA 23452(757) 340-3100

This Firm is Not a Public Legal Aid Agency

This firm is a debt relief agency. We assist people through bankruptcy.

In This Issue…• Fresh Starts

• Fresh Faces• Fresh Start through Bankruptcy• Fresh Start through Divorce

If you no longer wish to receive this newsletter you can call Patty at 340-3100 to remove your name from the mailing list or you can e-mail her at info@HamptonRoadsLegal.com.

Please remember that we are closed every Monday from 12:00 to 2:00 for staff lunch and staff meeting. In addition, please remember that Mrs. Pfeiffer, Colleen or Annette do not take walk in appointments or unscheduled phone calls. If you need to speak with Colleen, Annette or Mrs. Pfeiffer about your case, Patty will be happy to schedule you a time to call one of us. Normally she will be able to schedule you an appointment with Colleen or Annette within 24 hours. You can always send us an email at info@hamptonroadslegal.com and we will respond within one day. This allows us to concentrate on your case without interruptions.

A CHANCE TO GIVE YOUNG ADULTS A FRESH START:Stand Up For Kids, a charity that assists at risk and homeless youth and young adults and that Mrs. Pfeiffer volunteers with, will be holding a yard sale at the Virginia Beach Elks Lodge #2268, 113 South First Colonial Road, Virginia Beach, located at the TRADE CENTER, on October 2nd from 9 am to 2 pm. They will have lots of things for sale so stop by, pick up a bargain and help out young adults in our area.

Latasha C., Norfolk, VA

Connie P., Suffolk, VA

Robyn R., Chesapeake, VA

Diane R.