Blog

banner-img

Common Questions about Divorce in Arizona Answered

April 24th, 2017

In Arizona, divorce refers to a legal “dissolution” of marriage. You will go through a procedure in court to formally end your marriage. If you are the one who goes to court for a divorce, you will be identified as the “petitioner.” The other spouse will be identified as the “respondent.” Divorce in Arizona is not the same as in other states. Here are some answers to common questions most people have about divorce in Arizona.

Can I File for Divorce Anytime?

Either you or your spouse must have resided in the state for a minimum of 90 days before filing for a divorce at a local Arizona court. That is a legal requirement.  If there are children, they must typically be in the state for 180 days to vest custody jurisdiction, depending on the facts of the case.

Do I Need a Divorce Attorney?

Technically, you can represent yourself in court. However, it is highly recommended to get your attorney from your local area, like a divorce attorney in Scottsdale. If you choose to self-represent, the court will assume that you know all the laws and rules pertaining to your case. You will have to follow court procedures on your own. A judge may disallow you to take certain actions if you do not properly follow court procedure. No one at court will be able to give you legal aid because they are barred by law from doing so.

You can seek legal aid if you cannot afford an attorney for your divorce. You can also petition the court to have the spouse pay for your attorney’s fees if your spouse makes substantially more income than you do.  Every case is unique.  

Do I Need to Give a Reason for Divorce?

Not in Arizona. The state has a so-called “no fault” clause, which means neither party needs to give a reason for the divorce. Moreover, the romantic escapades of Husband or Wife will have no relevance in the underlying dissolution action.  The mere desire to get a divorce is enough. In the court, only one spouse needs to claim that the marriage is “irretrievably broken “to finalize a divorce. The only exception is if the spouses have previously chosen a “covenant marriage”. Then, the petitioning spouse must provide ground or reasons for the divorce under state law.

What are A.R.S. and A.R.F.L.P.?

You will see these acronyms in the papers your divorce lawyer in Scottsdale or elsewhere files. The letters stand for particular legal statutes, or laws, in Arizona. A.R.S. refers to Arizona Revised Statutes, and A.R.F.L.P. refers to Arizona Rules of Family Law Procedure. You can go to the Arizona court or state websites to get access to these legal documents and rules if needed.  Ideally, you simply hire counsel and let them do their job to advocate for your rights in the underlying divorce.

What Do I Do if My Spouse Doesn’t Want a Divorce?

Too bad.  It’s going to happen anyway.  In cases where a spouse is morally against the divorce from advancing, there is little they can do to stop the case.  At best, the objecting spouse can request the court order a mandatory reconciliation counseling session which typically only pauses the case for 30 to 60 days. If at the end of reconciliation session, the spouses have not come to an agreement to postpone the divorce, the proceedings will go forward. Conciliation meetings are free of charge and rarely derail a case.  

If you have children, then your proceedings will be subject to a wide range of family laws in Arizona. The legal aspects you should consider will depend on the type of custody you seek. For more information, you should contact an attorney in your area.  Your children are your most treasured asset and case strategy and approach to maximize your custody is critical and experienced legal counsel even more important in such instances.  

Understanding Parenting Time under Arizona Law

April 17th, 2017

Parenting time is established via binding legal documents when spouses with children divorce. The goal of parenting time is to provide children quality time with both parents even when the parents no longer live together. Children are afforded the opportunity to spend time and build a healthy relationship with both parents. Read ahead to better understand parenting time under Arizona law:

Is Parenting Time Different from Custody?

Yes, the two are not the same. Custody largely establishes living arrangements for the child with one or both parents. Parenting time determines how much time a child can physically spend with a parent who no longer lives with him or her. The purpose of parenting time is to ensure that a child has contact with a parent even following a separation.

Parenting times are decided along with custody orders, so the two are related. Scheduling parenting time is an important part of a custody arrangement. The child will predominantly live with one parent even in cases of joint custody. So parenting time will ensure the other parent has enough time with the child to a reasonable extent. It’s important to note that it will be the child’s needs that the court will consider first when setting parenting time, not the parent’s desire to spend time with the child.

How is Parenting Time Granted?

A family court will determine or review parenting time set forth in a custody agreement. Under Arizona law, a parent has the right to have contact with a child in a reasonable manner following a divorce. However, parenting time is always subject to modification by the court. A judge can limit or outright deny parenting time if there’s any indication that the time spent together could harm the child in a physical, psychological, emotional or an immoral manner. To fully understand your right for parenting time, seek family law help in Scottsdale or your local area to have an attorney look at your case.

How Long Can Parenting Time be?

The length of parenting time granted will vary depending on the age of the child and stage of development. For example, a father may not be granted lengthy parenting time visits with a newborn or a mother with an older teen son. The time is largely decided on a case by case basis.

The courts and parents are also expected to follow certain guidelines set forth by higher courts and counties. If you live in Coconino, Maricopa, Mohave, Pima, Pinal or Yavapai counties in the state, there will be established guidelines for parenting time to follow. The Model Parenting Time Plans published by the Arizona Supreme Court are also intended to assist parents in establishing workable schedules. If the parents don’t agree on a schedule, the court will provide one.

Is Parenting Time Limited to Parents?

No. There are some cases in Arizona where grandparents or similar family relatives can seek parenting time with a child in a case.  However, a non-parent can only seek parenting time with a child if the child’s parents have divorced or if at least one parent is deceased or missing for three months in the least. The non-parent seeking parenting time must be considered a parental figure by the child to be granted such rights.

As mentioned before, parenting time is largely granted on a case by case basis. Your attorney is the best source for information about parenting time for your situation. Every case is unique.

How to Protect Yourself against Creditor Harassment in Arizona

April 12th, 2017

If you are far behind on a loan payment, you can expect the collection calls to start. However, if the collection calls are very frequent and disrupt your life, or the calls are threatening in any manner, then it can be considered harassment. Many indebted Arizonians face harassing calls and other harmful collection efforts from creditors. Here are several steps you can take to stop the abuse.

Try to Negotiate with the Creditor

The easiest and cost-free solution you can take is to try to negotiate with the creditor to settle the debt. Instead of not picking up the phone, in which case the creditor will find other ways to reach you, or ignoring calls, talk to the creditor directly. If your finances are too tight to pay back your loans, discuss it with your creditor and you may be able to come to new terms. Depending on your negotiating skills, and the creditor’s willingness, you may be able to get a payment extension, a reduced interest rate or a waiver or both.

If the creditor is particularly abusive, it is probably best not to engage should the behavior gets worse on the part of the creditor.

Call a Lawyer Immediately

It’s highly recommended to call a bankruptcy lawyer in Scottsdale or your local area to put a legal stop to harmful third party collection efforts. There are attorneys who specialize in providing relief to those who suffer from abusive creditors. No matter how much you owe, creditors cannot harass you as a part of their collection efforts. There are both federal and Arizona state laws to protect debtors against harassing creditors.

Protection is granted to consumers under the Fair Debt Collection Practices Act (FDCPA). The law outlines personal rights when it comes to debt collection practices. You can consult with a lawyer to find out whether any of your rights under FDCPA has been violated. The lawyer will be able to tell you if the behavior you have endured from the creditor can be considered a legitimate collection effort and what remedies you may have under the FDCPA.

You Can Sue if You are a Victim of Abusive Practices

If you know that you have been subjected to illegitimate collection efforts or practices that can be considered harassment, you can sue the creditor in question with the help of an attorney. The collection practices in question may be considered a violation of either state or federal law.

Harassment, in general,  that involves constant phone calls, multiple phone calls on the same day, auto dialing calls and calling without leaving messages can be considered unfair practices. If the debtor calls your friends, family, employer or another third party regarding your finances, then it is a violation of the law.  Other common creditor harassment practices include the use of threats, such as a threat to call the police on you, charging even more in addition to the debt such as late fees, not validating the debt or continuing to contact you after you have clearly stated your intent to refute the debt. If you have been subjected to any of these, you can take your case to court.

Additionally, filing for personal bankruptcy can relieve you of harassing debt collection efforts literally overnight.  Speak with a seasoned bankruptcy attorney to evaluate your many options. www.clgaz.com  or 480-240-0040 for more help on these issues.

Answers to Frequently Asked Questions about Child Custody in Arizona

April 4th, 2017

Custody in legal terms refers to the person a court has appointed as the parent or guardian of a child. The person retaining child custody manages the well-being of that child. The legal custodial parent will have the right to make decisions about the child’s education, religious teachings, and healthcare. There are different types of custody, but courts in Arizona do not favor one over the other. The decisions will be based on what’s ultimately good for the child. If you are a parent currently seeking custody of the child, or if you are already a custodial parent, here are answers to some of the questions frequently asked on the subject:

What is the different between “sole,” “joint,” and “legal” decision making authority?

These are three ways in which a court can grant custody of a child. Sole Legal Decision Making means that one single parent has complete legal custody of the child’s legal decision moving forward. The court has granted this parent the express authority to make major decisions regarding the child’s life. Parents can discuss these issues together, but the sole Legal Decision Making parent will always have the final say.

In contrast, in Joint Legal Decision Making situations, both parents have legal decision making authority over a child. However, in order to reach a final decision, both parent must agree—or divert the case to mediation or back to the court if no agreement can be reached. 

Can the court declare one parent’s rights superior to another’s in a Joint Legal Decision Making case?

No. Generally, when a court grants joint Legal Decision Making authority, both parents have equal rights to make decisions regarding the child’s well-being. No one parent is deemed superior to another. However, in special cases, one parent may get the sole right to make decisions regarding a certain aspect of the child’s life if the court decides it’s the best for the child. You should refer to an attorney to seek more family law and child custody information with regards to your situation.

Is there a difference between legal decision making powers and physical custody?

Absolutely yes.  Legal Decision Making authority relates to granting a parent the authority to make decisions about the child’s wellbeing, e.g. where the child goes to school. Physical custody, also called Parenting Time, determines where the child lives from day to day. A parent can have legal custody, but not physical Parenting Time, although this is rare. If a child is to live with both parents for equal amounts of time, then the court will have to grant both parents joint physical Parenting Time. Some parents may prefer for the child to live in one place without moving around, and have one parent with physical virtually all Parenting Time. But both parents, in this case, can have legal custody as well. Refer to Family Law help in Scottsdale, or your local area, for specific information.  Legal assistance is recommended to navigate these complex legal channels. 

Are court custody orders final?

The court decides custody when the parents cannot agree upon themselves, how to share custody of a child. A court may grant early custody orders when divorce or separation filings are in process. Once the divorce or a legal separation becomes final, the court may make modify prior orders which are dramatically changed at the time of trial. This custody decision by the court will stand, subject to certain exceptions, for at least one year, or upon a showing of a substantial and continuing change of circumstances thereafter.

If you want a custody ruling to be modified after trial, you can petition the court to make changes to the order. You will have to present strong evidence that the changes requested are in the best interest of the child. You are very likely going to need the able assistance of legal counsel at that time. 

Divorce Tips from Attorneys

March 28th, 2017

Getting a divorce can be a messy affair, financially and emotionally speaking. Contested divorces can be particularly hard on both parties, as experienced divorce attorneys will quickly point out. Divorce has a way of bringing out the worst in even the nicest people. While emotions can play a role, it’s critical to maintain clear emotions when dividing assets in a divorce and reaching a custody agreement if there are any children. Here are several tips for Arizona divorcing couples from divorce lawyers who have seen it all:

Keep Your Feelings out of the dispute

Divorce can be a very emotional affair, no matter how hardened one tries to be during the process. It’s very important to keep personal feelings out of it when dividing assets and negotiating during divorce proceedings. Emotions can unnecessarily complicate the process. You must aim to get the best out of divorce proceedings to ensure your long-term well-being. Getting caught up in petty fights in the moment will not go well for either party.  Let your lawyer do their job, stand back and watch, and ideally everything will be handled.

Pick Your Battles Wisely

According to a divorce lawyers in Scottsdale, some people pay attorneys a lot of money to recover assets that do not matter. For example, it makes no financial sense to get your divorce attorney to send a letter to retrieve a $100 piece of furniture from the ex, especially when attorney letters can cost as much as $500. Divorce can be costly. So wise petitioners pick battles that are worth spending money to win.

Assets in One Spouse’s Name Can be Divided

In divorces, basically everything can be divided between the spouses. This includes assets that are specifically under either spouse’s name. Debt, extra income, royalties, a lottery win—all of these and much more can be divided in divorce proceedings. Divorce attorneys warn clients not to assume that assets under one’s own name are not up for grabs. The only protection against dividing assets is a prenup or a postnup agreement. But these agreements should be handled early on in the marriage.   Even if you signed a prenuptial or postnuptial agreement, it could be deemed void by the court depending on the circumstances during which you signed such paperwork. Consult an experienced lawyer to determine your rights. 

Be Careful of Generous Income Reporting Before Divorce

It’s common for people to overstate incomes in credit card or loan applications. A spouse that discovers such generous disclosures of income can present these documents in court in a divorce case. Under those circumstances, the court could assume that you make as much money as you boasted in your loan application under penalty of perjury in a prior loan application, warns a divorce attorney in Scottsdale. On the other hand, if you find similar overstatements by your spouse, you can be the one to use them in court against them.

Take Time to Gather Evidence for the Divorce

Divorce lawyers advise clients not to walk out the door before proceedings begin, unless an abusive situation is present. It’s highly advantageous to stay behind and gather evidence for the divorce, such as photographing assets, property and gathering documents. Make copies of account statements of the spouse as well to present your case with solid evidence once the proceedings begin.

Divorcing is not easy on anyone. But following the above suggestions will help you present the best case in court.  Hiring a seasoned legal professional to guide you through this complex process is self-evident.