Category Archives: Divorce

Phoenix Family Law Matters & Best Interests Of The Child

Our AZ Family Attorneys Explain The Importance Of Determining The Best Interests Of The Child For Custody Matters

If you are an Arizona parent with upcoming parenting time, legal decision making, and child support issues, you have probably heard of the term “ the best interests of the child.” The court, in all family law matters that involve a child, will make decisions that are in the best interests of the child. But what exactly does that mean?

The Factors That Make Up the Child’s Best Interests

The factors the judge will look at when deciding what is in the child’s best interests are actually laid out by Arizona Revised Statutes Section 25-403. They include:

The past, present, and potential future relationship of the child with each parent.
The physical and mental health of both parents and the child: If one parent is struggling with alcohol dependency, it is likely in the best interests of the child to be placed with the other parent. It doesn’t just have to be about avoiding a negative. If a child has a medical condition and one parent has a medical background, time with that parent will probably be in the child’s best interest.
The child’s adjustment to home, school and community: Maybe one parent has to take a new job in a different school district. It may be better for that parent to visit the child on weekends so the child doesn’t have to switch schools, make new friends, etc…
The child’s wishes, if they are old enough: This age is typically around 12, but depends on personal factors.
If either parent will interfere with the parenting time of the other parent: The court prefers to place children with parents who don’t interfere with custody orders or disparage the other parent to the child. This factor isn’t considered in circumstances of domestic violence and abuse.
Whether either parent abused family law procedures: If a judge finds that one parent has been purposely delaying matters to harass the other parent and rack up legal costs, the judge will consider that when deciding what is in the best interest of the child. One parent will also be viewed disfavorably if they used fraud or duress while negotiating any of the custody and visitation agreements.

The child’s relationship with each parent’s new partner, other children, etc.: The child may be particularly close with one of their stepsiblings, or their relationship may be more volatile.

Whether each parent has otherwise followed the law: If one parent hasn’t followed past custody orders, has been convicted of abuse or falsely reporting abuse, or violated any applicable laws in some other way, placing the child with that parent may not be in the child’s best interest.

Custody issues won’t be resolved based on one of these issues alone (except for domestic violence or abuse). The judge may also order one or both parents to take parental education programs.

Knowing The Best Interest Factors

Knowing the factors that contribute to the best interests of the child in custody matters gives you a road map of how to properly navigate custody issues. Many parents make the mistake of discussing asset division arguments and marital transgressions of the other parent to their child.

Arizona Family law judges know this causes stress and guilt for the child. Because other people’s relationships are considered when analyzing the child’s best interests, this is a reminder that you should only date people who are a good example for your child and get along with them well. The factors may also encourage you to avoid moving and be more civil with the child’s other parent.

The Next Step After Learning Child’s Best Interest

The next step after learning what factors contribute to your child’s best interests is proving that time with you serves those interests. Resolving all of the issues in your divorce through mediation- a quicker and less painful process than a divorce trial for you and your children- is one way to do that. If you and the child’s other parent are unable to resolve the issues through mediation, they will be resolved at trial. You will need to present evidence and defend your position on any questions of your parenting ability. Once parenting time and legal decision making orders have been made, they are difficult and expensive to modify. That is why you need to get it done right the first time.

Contact Experienced Family Law Attorneys In Phoenix

The best way to ensure that is to have a skilled and knowledgeable family law attorney on your side. Our Phoenix Family Law Firm offers free consultations so you can see what we can do for you, risk-free. Call My Arizona Lawyers to schedule your free consultation today. The consultation is 100% confidential. Our Phoenix Family Lawyers look forward to assisting you.

My AZ Lawyers
Office: (480) 833-8000

Phoenix Family Law Office
668 N. 44th St., Ste 320
Phoenix, AZ 85008

Scottsdale Family Law Office
7135 E. Camelback Rd, Ste 230
Scottsdale, AZ 85251

Avondale Family Law Office
12725 W. Indian School Rd, Ste E-101
Avondale, AZ 85392

Mesa Family Law Office
1731 W. Baseline Rd., Ste 100
Mesa, AZ 85202

Glendale Family Law Office
20325 N. 51st Ave., Ste 134
Glendale, AZ 85308

Family Law Tips for Fathers and Husbands

Our AZ Family Attorneys Give Some Helpful Tips When Navigating Family Issues.

When a married couple divorces, potentially initiating a custody and child support battle, friends and family will often unite to support wives and mothers with little regard for whether their former partners also need support. The fact of the matter is that family law procedures are just as stressful for men as they are for women. One way that you can prepare yourself is by educating yourself about what rights and obligations are provided to you under Arizona family law.

Don’t Make Assumptions About How Your Arizona Family Law Case Will Turn Out.

Historically, it has been assumed that in family law matters, a wife will collect spousal maintenance from her husband after a divorce, get custody of any minor children, and receive child support. However, as times have changed, so have the outcomes of family law cases throughout the years. The court will look at factors like relative income, sacrifices the spouses made for each other, and how long it will take for a spouse to become financially self-sufficient when deciding who to award support and how much. You may not need to financially support your wife after a divorce, and may even be entitled to support from her. You should consult with an Phoenix family law attorney with a good idea of you and your spouse’s income to determine if you will likely be required to make support payments after a divorce.

Understand the Difference Between Community and Separate Property.

Arizona is a community property state, so debts and assets acquired by either spouse during a marriage are split evenly in a divorce. In general, property acquired before the marriage, or received during the marriage as a gift or inheritance will be considered that spouse’s separate property. Separate property can also become community property if it is commingled or transmuted. Many spouses don’t realize that if they get divorced, their 401(k)’s and other retirement accounts will be among the assets that are split during property division. You should brush up on which of your assets are community or separate property before beginning the divorce process.

Get Everything in Writing.

Far too often, clients come to us with complaints that their spouse verbally promised something in a divorce in exchange for a concession that never ends up occurring. For example, a wife may tell her husband she won’t pursue spousal support if the husband agrees to give her a car that belongs to both of them. Once the title and registration have been changed, the husband receives a summons for spousal support. Without some form of written agreement, the “gift” of the vehicle will be a he said, she said issue for the court.

This tip can also come in handy with custody matters. If you and your ex agree to a verbal modification of your parenting plan, issues may arise and you won’t have evidence that your ex agreed to the modification.

Stay Current on Your Payments, or Request a Modification ASAP.

If you do end up paying child and/or spousal support to your ex-wife, it is vital that you stay current on your monthly payments. Domestic obligations can’t be modified retroactively, which means that there is nothing you can do to clear a past-due balance besides making your payments.

Keep in mind, the methods used to enforce domestic obligation arrearages can be far more severe than for standard debts. If you fail to pay on debts like credit cards and student loans, you may eventually end up with a wage garnishment of 15-25%. In Arizona, domestic obligation arrearages can be garnished at a rate of up to 50% of your wages. If you have no dependents from a separate relationship, that increases to 60%. An additional 5% may be tacked on if you fall more than 12 weeks behind. Other collection methods include intercepting one-time payments like lottery winnings and tax returns, placing liens on your property, and suspension of your driver’s and professional licenses.

If you experience a change in income, like being laid off from your job, you should request a modification on your support payments as soon as possible to avoid accruing arrearages. As mentioned above, your arrearages can’t be modified once they are due. Therefore, if you know you are going to struggle to make your payments due to a change in income, you should consider petitioning the court to modify your payments. Keep in mind that some spousal support orders are nonmodifiable. Your current orders must have been in place for at least a year, and you can only modify your payments at most once per year. The court won’t reduce your payments if you quit your job with the intention of decreasing your support payments.

If You Have Children, They Should Be Your First Priority.

It will be tempting to badmouth your ex on the internet and to anyone who will listen, but it may be more beneficial for your children if you use a selective filter. Not only can speaking negatively about your children’s other parent in front of them negatively affect their development, but it may make you guilty of something known as “parental alienation.” Sowing seeds of doubt about your children’s other parent’s love for them and ability as a parent can be used as a factor against you in future custody proceedings. Doing this on social media makes it simple for your ex to prove in court.

It’s also important to keep this tip in mind during parenting time pick ups and drop offs. Explosive arguments, especially if witnessed by neighbors, school staff, etc., will reflect poorly on both parents. You should make an effort to be the bigger person and reduce your children’s stress whenever you have the opportunity.

Contact our Arizona Family Attorneys for Assistance.

When you’re ready to take the next step in your divorce, custody, or other family law matter, our attorneys are here to help. Ask questions and formulate your plan with the help of an expert Arizona family law attorney with years of experience representing clients just like you. The initial consultation is free, and our attorneys offer budget-friendly rates and payment plans. Call to get started today. My Arizona Lawyers, (480) 833-8000 for a free consultation with one of our experienced family attorneys.

My AZ Lawyers
Office: (480) 833-8000

Phoenix Family Law Office
668 N. 44th St., Ste 320
Phoenix, AZ 85008

Scottsdale Family Law Office
7135 E. Camelback Rd, Ste 230
Scottsdale, AZ 85251

Avondale Family Law Office
12725 W. Indian School Rd, Ste E-101
Avondale, AZ 85392

Mesa Family Law Office
1731 W. Baseline Rd., Ste 100
Mesa, AZ 85202

Glendale Family Law Office
20325 N. 51st Ave., Ste 134
Glendale, AZ 85308

All Because Two People Fell in Love

Most people have heard that about half of marriages in the United States end in divorce. The Arizona divorce and family attorneys at My AZ Lawyers dig further to learn if this is in fact true, the reasons behind it, and if there are alternatives to divorce for spouses in Arizona. Get your questions answered and find out the truth about divorce in Arizona.

The Divorce Rate in Arizona

In a 2011 census study, researchers found that Arizona had the tenth highest divorce rate in the United States. The researchers also found that 10.8 men per 1000 Arizona men get divorced each year, compared to the national rate of 9.2 per 1000. For Arizona women, the rate is 11.9 per 1000 compared to a national rate of 9.7 per 1000. Later research studies have ranked Arizona even higher in divorce rates nationwide. Slightly more than half of Arizona marriages end in divorce. It is unclear why Arizona has such a consistently high divorce rate, despite having a relatively low marriage rate compared to the rest of the country.

Reasons People May Divorce

The list of reasons that people may choose to divorce is nearly infinite. One common reason marriages end is infidelity. The pain of being cheated on is often too much for the faithful spouse to recover from, ending the marriage either immediately or after attempts to repair the relationship. Sometimes, the cheating spouse may not even want to be forgiven, and might even file divorce to remarry their affair partner.

An unfortunate truth is that some people are forced to divorce because of one or both spouses’ health issues. Some spouses may be overwhelmed by a serious health issue in their partner and jump ship. The affected spouse may develop insecurities from their condition that can eventually hurt the couple’s relationship. Mental health issues, whether or not they are diagnosed, can create obstacles that a marriage might not survive. Plus, addiction issues and abusive behavior are also often a fatal blow to a romantic relationship.

While children should never be blamed for their parents’ divorce, the stress of being parents can create additional strain in a marriage with a weak foundation. Spouses can have vastly different opinions on aspects of child rearing, like religion, education, day care, discipline, household rules and chores, and more. Having a special needs child can strengthen some couples’ relationships, but can cause an irreparable fracture in others.

The reasons behind a couple’s divorce don’t have to always be so dark. Financial stress is a common cause of arguments between couples. The culprit behind many divorces is simply time. It isn’t uncommon for one spouse to have a mid-life crisis and get divorced in the process. People change over time, so much so that two spouses may barely recognize the person they married. We only get so much time on Earth, and each day spent in a loveless marriage could be one day less with the true love of their life.

Arizona’s most Popular Reason of Divorce

Most people in Arizona list “irreconcilable differences” as the grounds for divorce on their petition. This is because Arizona is a no fault divorce state. These spouses don’t need to prove any marital misconduct to be granted a divorce. However, Arizona is one of three states that allows covenant marriages. This is a special type of marriage in which the spouses must complete premarital counseling and include a special declaration in their marriage license application. A divorce will only be granted in a covenant marriage if specific factors are present, like domestic abuse, addiction, incarceration, or infidelity.

The Divorce Process in Arizona

The divorce process in Phoenix starts when one spouse files a divorce petition with the court and serves it on the other spouse. The spouse who files the petition is referred to as the petitioner, and the other spouse is the respondent. If the respondent lives in Arizona, they will have 20 days after receiving the petition to file a response with the court. If they live in another state, they will have 30 days.

There is a minimum waiting period of 60 days after the petition is served before the divorce can be finalized. During that period, the couple should attempt to negotiate a divorce settlement agreement. They will need to agree on all of the pertinent divorce issues- property division, spousal maintenance, child support, and child custody. If the couple is unable to reach agreement on these issues, they will be litigated in court.

Is Falling Out of Love a Reason to Divorce?

Sometimes, it doesn’t take a spouse cheating or becoming abusive for the couple to fall out of love. Hectic schedules, changing interests, waning attraction, and simply time can cause love to fade, until one or both spouses realize they simply aren’t in love anymore.

If the spouses can’t pinpoint their marital troubles to a clear source, they may want to try couples’ counseling before running to a divorce lawyer. Divorce is a stressful, expensive, process that takes at least 2 months but could take years. It is a decision that shouldn’t be taken lightly, and counseling may help the couple avoid the divorce process altogether.

While it may be more convenient from a legal and financial perspective to remain married, the idea of a loveless marriage doesn’t appeal to most romantics. Remaining married can make finding a new love interest more difficult, and you won’t be able to remarry until your divorce is finalized.

The Other Side: Why Stay Married If You Fall Out of Love?

Just because two spouses don’t feel romantic love anymore doesn’t mean they don’t have a different, platonic love for each other. There are plenty of advantages to remaining married if you and your spouse are otherwise on good terms. You may find it easier to raise your children while still married, or can’t afford your current lifestyle after a divorce. You may want to maintain insurance coverage for each other, or avoid inheritance taxes on a shared home after one spouse’s death.

A famous example of a married couple that fell out of love but didn’t divorce is Danny DeVito and Rhea Perlman. The comedic duo married in 1982 and have three children together. The couple first separated in 2012, but attempted reconciliation at least once. While they still live separately, they have both publicly stated that they don’t intend to divorce each other. They remain close and speak frequently.

Reasons Falling Out of Love Doesn’t Automatically Mean Divorce

Some spouses remain married for years despite falling out of love. Divorce is heavily frowned upon in some religions and cultures, so spouses may remain a family to avoid judgment. You may be of the belief that falling in love is a choice, and therefore remain in the marriage to put the effort into falling back in love. Remaining together for the sake of the children may be the best choice for some spouses, or obtaining a legal separation as opposed to a divorce.

Therefore, if you are contemplating whether divorce is worth it for you, our Phoenix family law attorneys can help. Understanding the divorce process, the likely outcomes, and how much it will cost can be vital deciding factors. Our Arizona divorce and family law attorneys offer free phone consultations to fit with your schedule and budget, as well as affordable fees and monthly payment plans.

My AZ Lawyers
Office: (602) 509-0955

Phoenix Family Law Office
668 N. 44th St., Ste 320
Phoenix, AZ 85008

Scottsdale Family Law Office
7135 E. Camelback Rd, Ste 230
Scottsdale, AZ 85251

Avondale Family Law Office
12725 W. Indian School Rd, Ste E-101
Avondale, AZ 85392

Mesa Family Law Office
1731 W. Baseline Rd., Ste 100
Mesa, AZ 85202

Glendale Family Law Office
20325 N. 51st Ave., Ste 134
Glendale, AZ 85308

Inheritance and Divorce in Phoenix, AZ

Find out how an inheritance is influenced by divorce in Arizona. Our Phoenix Family Lawyers will explain the different options and nuances that may happen if getting divorced regarding an inheritance by one of the parties.

How Can I Shelter an Inheritance from a Marriage?

Arizona is a community property state, meaning that in a divorce, marital assets and debts will be split evenly between the spouses, but the spouses will keep their own separate property. Gifts and inheritance are typically classified as separate property, but must be properly separated from marital assets to avoid the asset being assigned any community property share.

Inheritance and Marriage

Even if inheritance is received during a marriage, it will be treated as that spouse’s separate property. It is vital to understand the separate nature of inheritance, as it isn’t uncommon for divorcing spouses to agree to cede their share in an asset or pay higher alimony because they believe they have a right to their spouse’s inheritance. Unlike a pension and other community assets, one spouse doesn’t earn a share of their spouse’s inheritance by virtue of being married.

Inheritance before Marriage

An inheritance received during marriage is separate property, so clearly an inheritance received before marriage is separate property as well. That doesn’t mean your spouse won’t try to go after it in a divorce. There are steps you can take when you receive your inheritance and before your divorce to prevent your spouse from having an entitlement to a share of it.

Basics on Commingling Inheritance

Assets can become commingled if they are stored in the same account, are used to prove each other, and more. Assets that are commingled are essentially mixed together, and the spouses will likely need attorneys to untangle the mess and prove who is entitled to what. Your separate property may become partially or fully community property.

Is an Inheritance Received During a Marriage Subject to Division?

This will depend on how good of a job the spouse who receives an inheritance does of keeping it distinct from community property. Your spouse may also receive a portion of an inherited property if they make improvements and assist in maintenance of the property. Your spouse may also become entitled to a share of your inheritance if commingling or transmutation is present.

What is considered Inheritance?

Inheritance is a property or asset you receive after a loved one passes away. You may either be named as an heir in that person’s will, or you may be the next of kin if that person is intestate, or does not have a will.

Is my spouse entitled to my inheritance if I divorce?

Your spouse may make contributions, monetary or nonmonetary, to your inherited property. For example, you inherit your family’s mountain cabin. Your spouse helps you clear out old belongings, clean and refurbish the cabin, and redecorate. Your spouse even refinishes a shower and paints a few walls. Your spouse also cleans the cabin each time you visit, preventing infestation and other damage to your property. While inherited property is typically separate property, your spouse may be awarded a partial share for the “sweat equity” they put into maintaining the property over the years.

Exceptions to the Inheritance is Separate Property Rule.

** Transmutation **

Transmutation is when through some legal procedure, separate property is “transmuted” into community property. A common example of this is when one spouse receives an inherited asset, such as a spouse, and lists their spouse on the title of that property. That spouse would need to prove in court during a divorce that the intention was never to turn that inherited asset into a community property asset.

** Commingling **

When your assets become commingled, the burden of proof in a divorce shifts to you to prove which amount is your separate property. Assets that become commingled will need to be “traced,” which can be complicated if there are significant withdrawals or interest in the commingled account. You should consult an attorney as soon as possible after receiving an inheritance to learn how to avoid commingling your inheritance with your marital assets, especially if you are considering divorce.

The Risks of Commingling Inherited Funds

Many people may mistakenly commingle community and separate property without even realizing it. If you deposit an inheritance into an account with community funds, it could become untraceably commingled.

Another issue with commingling inherited funds is that tracing back the source of funds for property division purposes can be extremely difficult. A common example is when spouses already have a stock portfolio, and one spouse expands that portfolio with inheritance funds. Later down the line, some stocks are sold and reinvested, while the proceeds from the rest are deposited into a savings account. If the spouses are to divorce, their attorneys will need to trace back the separate property deposit and determine how much of the total portfolio, including interest, it accounts for. You will need a family law attorney with plenty of skill and experience if you want to accurately trace back commingled inheritance funds.

How Can You Protect Your Inheritance?

The first step you should take when you receive an inheritance is depositing it into an account that has no community property funds. Keep clear and precise records of when and where you deposit inheritance funds. You may also want to consider placing your inheritance in a trust with someone besides your spouse named as the beneficiary.

Another way to protect your inheritance, if you expect one, is to specify how it will be treated in a pre- or post-nuptial agreement. Each of these can outline the intentions for certain assets. Any pre or post nuptial agreement must be free of fraud and coercion, and the spouses must have an opportunity to have the agreement reviewed by independent legal counsel. A solid agreement will be drafted and signed with the assistance of an experienced family law attorney, as the spouse may bring an action to challenge the agreement in a divorce.

If you are fighting to protect your inheritance in a divorce, you need an expert attorney to represent you. Call the Phoenix Divorce Attorneys at My AZ Lawyers today for your free consultation with one of our family law attorneys. Receive guidance on your next steps, and a fair quote for assertive representation all at no obligation for you, call today!

Who Keeps the Home in a Divorce?

Who Keeps the Home in a Divorce?

Who Gets the House?

In Arizona, there are two types of property when it comes to marriage and divorce: community property and separate property. Community property, typically all property acquired during the marriage, is split evenly upon divorce. Separate property, typically property acquired before the marriage, will remain with the spouse who originally purchased it. There are exceptions to these, and separate property can potentially become commingled with community property.

Should You Keep the House in a Divorce?

If the house is your separate property, you can keep it in the divorce. There are many reasons you may want to keep the house in a divorce, even if it is community property. The most common of these is because your children lived in that home during the marriage, and you want to keep things as close to normal as possible. While your children will have to adjust to new routines with the other parent, keeping the home will allow you to provide a place of familiar comfort. You may also have other ideas for the home after the divorce, like moving in your parents or other relatives. You may simply not want to move. No matter your reason, keeping the house will likely be a hotly-contested issue in your divorce.

What if you can’t afford the House without the Spouse’s income?

You should talk to a family law attorney, who should be able to project if you will be receiving any support from your spouse after the divorce. Depending on a variety of factors, like length of the marriage, the difference in earnings between the spouses, and the standard of living during the marriage, the judge may order one spouse to pay spousal support, or alimony, to the other spouse. IF the couple shares children, the parent with less parenting time may be ordered to pay child support. Both of these payments can be used towards the mortgage and other expenses related to keeping the house.

What are some options of what to do with the marital home?

Contact Phoenix Divorce Attorneys to consult with an attorney to discuss divorce or property split.
Free consultation with an experienced lawyer (602) 509-0955

Sometimes, the easiest thing to do is to just sell the home and split the proceeds between the couple. The judge may order this if there is no other fair way to split the community property and the spouses can’t come to their own agreement. If one spouse is entitled to more equity in the house, the judge may award that spouse the house and give the other spouse other marital assets, or order the spouse keeping the house to “buy out” the other spouse’s share.

Dividing Equity in the Marital Home

When one spouse wants to keep a community property marital home, the judge can order the equity to be divided to find a solution besides selling the home and splitting the proceeds. To make up for the equity in the home one spouse would be surrendering, the spouse keeping the home may be required to pay more or all of the marital debt the couple previously shared. If the couple shared assets like vehicles, investment properties, and more listed below, more of those could be awarded to the spouse who isn’t keeping the house. The spouse keeping the home can also give the other spouse the cash value of their share of equity, or “buy them out.” That way, the rest of the assets can be divided evenly without regard for the value of the marital home.

What Factors will the Court Use in Order to Determine Who Gets the house?

The court will look at multiple factors when deciding who should be awarded the house. These include the financial circumstances of each spouse, their education and employability, their age and general health, contributions to the marital home, who is going to have custody of any shared children, marital misconduct, how the house was purchased, and the value of the house.

Marital Assets will commonly be split between the 2 divorcing spouses in Arizona. It is important to know what makes up “Marital Assets”. Thus, there are no surprises

Common examples of Marital Assets

The marital home
Vehicles purchased during the marriage
Businesses
Pensions and other retirement benefits earned during the marriage
Vacation and investment properties
Jewelry, instruments, and other personal assets purchased during the marriage
Stocks and other investments
Pets
Furniture

Common examples of Marital Debts

Credit Cards
Vehicle loans
Student loans
Personal debt
Medical bills
Business debt

Let Our Phoenix Divorce Attorneys Help

Our Arizona family law attorneys have helped numerous clients in Phoenix, Tucson, Mesa, and throughout Arizona with messy and hotly contested divorces. Our divorce attorneys are aggressive and fight for you. We ensure that you are not bullied by the other side. If you are going through a divorce in Arizona, it is extremely important that you have an experienced Arizona Divorce Attorney on your side. Our Arizona family law firm and its lawyers will give you the peace of mind you are looking for in such a difficult situation.

My AZ Lawyers
Office: (480) 833-8000

Phoenix Family Law Office

Scottsdale Family Law Office

Avondale Family Law Office
12725 W. Indian School Rd, Ste E-101
Avondale, AZ 85392

Mesa Family Law Office
1731 W. Baseline Rd., Ste 100
Mesa, AZ 85202

Glendale Family Law Office
20325 N. 51st Ave., Ste 134
Glendale, AZ 85308

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