Category Archives: Divorce

Reverting To Your Maiden Name In An Arizona Divorce

Reverting To Your Maiden Name In An Arizona Divorce

Most of us enter a marriage with the intention for that to be relationship to last until parted by death. But life doesn’t always work out that way, and about half of marriages end in divorce. Many wives in Arizona choose to take their husband’s last name when they get married, or hyphenate to combine their husband’s last name with their own maiden name. After divorce, having that constant reminder of your former partner may be stressful and emotionally burdensome. But it can also be complicated to go back to using your maiden name, especially if your legal last name has been your husband’s for several years. Read on to learn more about the factors you should consider when deciding if you should revert to your maiden name after getting divorced. If you’re seeking legal guidance from an experienced Arizona family law attorney, call 602-509-0955 to schedule your free consultation with My AZ Lawyers. 

Arizona divorce consultation with legal documents and rings

The Inconveniences Of Switching Back

If you have been married for a long time, you’ve probably become quite accustomed to your married last name. Some wives choose not to revert back to their maiden names for a variety of reasons. There is value in having one’s last name match the last names of their children and other family members. It may be a matter of pride for some- why should they have to change their name and change all of their legal documents when they have just as much of a claim to the name at this point as their husband? And simple inconvenience is a major reason that wives who have changed their last names sometimes opt not to change back when they get divorced. Reverting back to their maiden name could mean having to change their name on their driver’s license, passport, bank accounts, etc. This is stressful and could take months to complete- in fact, a wife who changed her name for marriage may never stop receiving communication and mailpieces with her husband’s last name. So Some choose to simply continue using that last name. 

One of the first government agencies a wife reverting to her maiden name should notify of her name change is the Social Security Administration. This is done by completing Form SS-5 and including a copy of the divorce decree or court order finalizing the name change. This step is necessary to ensure that federal and state tax returns match the legal name change. She should also inform the MVD so her driver’s license or state ID can be changed to reflect the name change. 

A wife who plans to revert to her maiden name can begin using her maiden name at any time she likes, but can’t officially change it on her legal documents until she has a divorce decree finalizing the divorce and the name change. An ex-husband doesn’t need to give his wife permission to revert to her maiden name, nor does she need his permission to continue using his last name after divorce. Things can become more complex for a woman who divorces, reverts to her maiden name, and remarries and takes her new husband’s last name shortly after. Here, if her last name doesn’t match her documents yet, she should use the divorce decree to indicate the legal last name to be used for her remarriage documents. 

Having Your Last Name Match Your Birth Certificate

If you changed your name when you got married, your legal last name no longer matches the one listed on your birth certificate. This may have not been a factor you dreamed would become relevant when you made this choice. But thanks to the Trump Administration, it is now extremely important for your last name to match the one on your birth certificate, or it could limit your civil rights. The SAVE Act creates roadblocks to voting for citizens whose IDs don’t match their birth certificates- e.g., married women. Trump’s latest Executive Order, entitled Restoring Equality Of Opportunity And Meritocracy, eliminates protections for women in banking and financial applications, and raises concerns that married women may soon need permission from their husbands to open a bank account, apply for a loan, etc. This factor shouldn’t be ignored in the decision of whether to revert to your maiden name in divorce. 

The Two Methods To Change Your Last Name After Divorce

There are two ways you can change your last name after divorce: through a divorce decree or a court order. Generally, changing your name through the divorce decree is a simpler process than doing so by court order. No matter which state you live in, there should be an option on your divorce decree to revert back to your maiden name if you changed your last name upon getting married. This will cause your name to automatically be legally changed back to your previous name or birth name when the divorce is finalized. If you failed to select this option with your initial filing, you may be able to file a motion requesting the court to modify your decree and allow you to revert to your previous last name. Otherwise, your remaining option will be to change your last name through a court order. 

Reverting To Your Maiden Name While Still Married/Through A Court Order

Whether it’s family ties, the current political climate, or any other reason, you may find yourself wanting to revert to your maiden name while still married to your husband. This is generally allowed, although the court may deny a name change if it appears to be to commit fraud or engage in criminal activity. If it is for cultural reasons, professional reasons, etc., the court will typically allow the name change to proceed. The process starts when the wife files a petition for name change with the court and pays the filing fee. A spouse seeking to revert to their maiden name while still married should have available their marriage certificate, government-issued photo ID, birth certificate, and any business licenses, published works, etc. showing professional cause for the name change. Some states require that the other spouse be notified of the name change request. Here, the spouse can object to the name change, although an objection doesn’t guarantee that the court will deny the name change. If the court denies the request based on an error in the petition or missing evidence, the spouse can amend their request and re-file it with the court. If a spouse seeks to appeal the court’s decision on their name change request, it can be beneficial for them to seek legal counsel from an experienced attorney. 

The process of changing one’s last name through a court order is risky and more complicated than doing so through a divorce decree. If you are at the beginning of the divorce process, you may still be unsure about whether you want to revert to your maiden name. If you need help weighing the pros and cons of this decision with an experienced Arizona divorce lawyer, call 602-509-0955 to schedule your free consultation with our firm. 

Get Your Arizona Divorce Questions Answered By An Experienced Family Law Lawyer

Whether you’re getting divorced or simply want to revert to your maiden name, making decisions in family law matters is never easy. But you shouldn’t be intimidated from pursuing your goals due to legal complexity and worries about up-front costs. At My AZ Lawyers, our dedicated family law team can review your case and identify the most effective legal strategies that have worked for countless clients like you. Your initial consultation by phone is 100% risk-free. Schedule your free consultation with an experienced member of our Arizona divorce law firm today by calling 602-509-0955.

Shannen Doherty’s Ex-Husband Kurt Iswarienko Waited To Sign Divorce Papers Until The Day Of Her Death

Breast cancer is a terrible disease that claims the lives of thousands of women every year. Sadly, as part of the preparation process, medical professionals have to inform women diagnosed with this disease of the high rate of divorce by men unwilling to honor their vows to stay with their spouses “in sickness and in health.” So instead of focusing on their battle with cancer, these women also have to deal with the turmoil of divorce. On July 13, actress Shannen Doherty tragically passed away at 53 years old after years of fighting cancer. Doherty, known for her roles on Beverly Hills, married Kurt Iswarienko in 2011. Unfortunately, Doherty was diagnosed with breast cancer in 2015. Amid rumors of an affair, Doherty filed for divorce from Iswarienko in April 2023. However, their separation agreement wasn’t finalized until July 13, 2024, the day of Doherty’s death. She signed the agreement the day before, on July 12, 2024. 

Doherty and Iswarienko’s divorce battle was drawn out as he declined her requests for spousal support and to pay for her health insurance coverage. Doherty admitted to the court that she no longer receives residual checks from her shows, and lost her SAG health insurance due to not being able to work as an actor for more than one year. She also asserted that as he spent lavishly on restaurants, vacations, etc., he had the means to support her during her battle with cancer. Doherty’s incentive to sign a divorce agreement the day before her death may have been to simplify the distribution of her estate to her loved ones rather than her ex-husband. His was to avoid financially supporting her as she fought for her life. 

Attorney consulting a client about Divorce proceedings in Phoenix.Divorce vs. Legal Separation During Serious Health Issues

It’s hard to imagine being married to someone for more than a decade and refusing to continue paying for their health insurance while they fight for their life, but that’s what Iswarienko did here. Sometimes a romantic relationship has run its course before a medical diagnosis, and a breakup is inevitable regardless of health conditions. If you don’t think you have it in you to divorce your spouse during a serious health issue but also no longer want to be married, you may want to consider a legal separation instead. 

When two spouses legally separate, they are no longer married, but they are not quite divorced, either. Spouses that are legally separated retain a few benefits of marriage, such as filing joint tax returns and remaining on the same health insurance policy. However, property (assets and debts) acquired after the legal separation are no longer community property, but separate property instead. Here, the legal separation could be important so that the surviving spouse is not considered responsible for the sick spouse’s medical bills. If you are on amicable terms with your ex and don’t want them to lose health insurance coverage during their health battle, you may want to learn more about a legal separation as opposed to a divorce. Schedule your free consultation with our Arizona family law firm by calling 480-680-9126

Tips For Speeding Up Divorce Negotiation

Divorce can take months, or even years, to complete when the spouses don’t agree on how matters like property division and spousal support should be resolved. Some spouses delay divorce proceedings with ulterior motives, such as wanting to run up attorney’s fees to price out their spouse or to wait for them to pass away from a terminal illness. This can be a harmful tactic, not just to the parties but to the already-burdened court system, and especially if the spouses have children in common. Every divorce has a mandatory 60-day waiting period, but there are certain strategies you can employ to help your divorce reach a resolution as close to that date as possible. 

  • Figure Out & Focus On Your Priorities: Some spouses feel contempt for each other during a divorce and want to use the proceedings as a form of payback. But these spouses can end up spending more on legal fees than the assets they fought so hard to win. Remember that all battles during a divorce come with a cost, so you should pick them wisely. Save that time, energy, and money to fight for the assets that you care about the most. 
  • Consider a Pre-Divorce Chapter 7 If Debt Is An Issue: A divorce can’t proceed until a bankruptcy case is complete, so it may seem counterintuitive to use bankruptcy to speed up the divorce process. However, all debts incurred during a marriage are community property in Arizona and must be split between the spouses in property division. Instead of fighting over who should pay these debts, it may be beneficial to file a joint bankruptcy first and clear those debts so that no time or attorney’s fees from a divorce are devoted to fighting over them. 
  • Learn More About Your Options: Family law is a vast area of law, and there may be more options than you realize when it comes to your divorce or legal separation. For example, attending one or more mediation sessions could help you and your spouse come to an agreement on how to divide assets. Even if you have other issues to resolve, like child support and child custody, the process will be sped up due to coming to an agreement on the other issues relevant to your case. 
  • Hire a Lawyer If Negotiations Have Come To a Standstill: If you haven’t already retained a lawyer and have reached an impasse in your divorce negotiations, it may be time to do so. Also, if your spouse has an attorney to represent them in divorce, hiring your own attorney is the only way to level the playing field. Your attorney will need to be informed of everything that has transpired in your divorce case up until your initial consultation to provide you with the most accurate information. 
  • Start Your Search For Legal Representation With a Free Consultation: Depending on your financial situation, there could be significant expenses on the horizon if you are soon to be divorced. Moving and separating into two households can come in addition to being ordered to pay child support and spousal maintenance. One way to cut costs is by starting your search for a family law attorney with firms that offer free consultations. While some firms charge just for the chance to speak with one of their lawyers, we offer initial consultations for Arizona family law cases free of charge. Get started with your free phone consultation today by calling 480-680-9126

Experienced Arizona Family Law Attorneys For Difficult Situations

Divorce can be a painful and stressful situation, and is no guarantee that either or both spouses won’t experience something like a battle with a terminal disease in the meantime. Our Arizona divorce team is skilled in navigating these types of circumstances to yield the most positive result possible. We can assist in every step of the divorce process, from filing and serving papers, to negotiations, and trial, if necessary. To get started today with your free consultation, call 480-680-9126. Don’t hesitate to contact us today!

Navigating Gray Divorce with Phoenix Divorce Lawyers: Understanding the Pros & Cons

Navigating Gray Divorce with Phoenix Divorce Lawyers: Understanding the Pros & Cons

Our Phoenix Divorce Attorneys take a look at “Gray Marriages” in Phoenix, Arizona

In recent years, the phenomenon of “gray divorce” has become increasingly prevalent, particularly among older adults in the Phoenix metro area. As couples aged 50 and older choose to end their marriages later in life, they face unique challenges and considerations that require careful navigation. In this comprehensive guide, we’ll explore the concept of gray divorce, discuss its benefits and drawbacks, and highlight the valuable services provided by Phoenix Divorce Lawyers from My AZ Lawyers. Additionally, we’ll delve into Phoenix Bankruptcy Lawyers’ role in assisting individuals seeking a gray divorce. If you need expert legal guidance for a divorce in or around the Phoenix metro area, call our Phoenix Divorce Attorneys at 602-609-7000 for a free consultation today.

Navigating Gray Divorce with Phoenix Divorce Lawyers

Understanding Gray Divorce in Phoenix, Arizona

Gray divorce, also known as late-life divorce, refers to the dissolution of marriages among couples aged 50 and older. Unlike divorces among younger couples, gray divorce presents unique challenges and considerations due to the stage of life at which it occurs. Many factors contribute to the increasing prevalence of gray divorce, including changing societal norms, increased life expectancy, financial independence, and a desire for personal fulfillment in later years.

Benefits of Gray Divorce in Phoenix, Arizona

  • Renewed Independence: For many individuals, gray divorce offers a newfound sense of independence and autonomy after years of being in a marriage that may have felt stifling or unfulfilling. It provides an opportunity to rediscover oneself and pursue personal goals and interests.
  • Improved Mental Health: Ending a marriage that has become unhappy or unhealthy can lead to improved mental health and overall well-being. Gray divorce allows individuals to break free from toxic relationships and embrace a fresh start, which can contribute to greater happiness and fulfillment in the long run.
  • Financial Freedom: While a gray divorce may initially involve financial adjustments, it can ultimately lead to greater financial freedom and control. Divorcing later in life allows individuals to reassess their financial goals, assets, and retirement plans, potentially leading to a more secure financial future.
  • Enhanced Social Connections: Gray divorce provides an opportunity to expand social circles and cultivate new relationships. Many individuals find solace and support in connecting with peers navigating life after divorce, leading to a sense of community and belonging.

Drawbacks of Gray Divorce in Arizona

  • Financial Challenges: Divorcing later in life can have significant financial implications, particularly regarding the division of assets, retirement savings, and spousal support. Couples may need to adjust their lifestyles and financial plans to accommodate the changes brought about by divorce.
  • Social Isolation: Gray divorce can lead to feelings of social isolation, especially if individuals lose the support network they relied on during their marriage. Building new social connections and finding support outside the marital relationship may take time and effort.
  • Health Concerns: Research has shown that divorce later in life can be associated with increased health risks, including higher rates of chronic conditions and mortality. The stress and emotional toll of divorce can take a toll on physical and mental health, highlighting the importance of self-care and seeking support during this transitional period.

How Phoenix Bankruptcy Lawyers Can Assist with Gray Divorce

Navigating a gray divorce can be complex, especially when financial challenges arise. Phoenix Bankruptcy Lawyers from My AZ Lawyers are equipped with the knowledge and expertise to help individuals facing financial difficulties during the divorce process. Here are some ways our Arizona Bankruptcy Lawyers can assist:

  • Debt Relief: If one or both spouses are burdened by significant debt, our bankruptcy lawyers can explore options for debt relief through Chapter 7 or Chapter 13 bankruptcy. Filing for bankruptcy can provide a fresh start and alleviate financial stress, allowing individuals to focus on rebuilding their lives post-divorce.
  • Asset Protection: During a gray divorce, it’s essential to protect assets and property from creditors and ensure a fair division of marital property. Our bankruptcy lawyers can help individuals navigate asset protection strategies and safeguard their financial interests throughout the divorce process.
  • Retirement Planning: Divorcing later in life can disrupt retirement plans and raise concerns about financial security. Our bankruptcy lawyers can assist with retirement planning and explore options for preserving retirement savings, such as exempting retirement accounts from bankruptcy proceedings.
  • Legal Advocacy: Whether facing creditor harassment or navigating complex bankruptcy laws, our bankruptcy lawyers provide skilled legal advocacy and representation to protect clients’ rights and interests. We work tirelessly to achieve the best possible outcome for our clients, providing personalized guidance and support every step of the way.

Contact Our Phoenix Divorce Attorneys

If you’re considering a divorce in or around the Phoenix metro area, don’t navigate this challenging process alone. Our experienced Phoenix Divorce Attorneys are here to provide compassionate guidance and expert legal representation tailored to your unique needs and circumstances. Call us today at 602-609-7000 for a free consultation and take the first step toward a brighter future.

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

Narcissistic Manipulation Tactics in Divorce

Narcissistic Manipulation Tactics in Divorce

Even the most amicable dissolution of marriage is still a stressful experience. But if there is anyone in your life who you suspect is a narcissist (or has been diagnosed with narcissistic personality disorder), you can imagine just how much more difficult that person could make the divorce process. Narcissists thrive on manipulating the people around them, and divorce can present itself as a World Series of manipulation. If you’re getting divorced from a narcissist, you can expect they will attempt at least some manipulation throughout the process. Read on to learn more about the strategies that narcissistic people employ the most. If you’re looking for experienced and knowledgeable divorce representation in the greater Phoenix area, call 602-609-7000 to set up your free consultation with our firm.

Narcissistic Manipulation Tactics in Divorce

What is Narcissism?

Narcissism is also known as narcissistic personality disorder. It is a mental health condition that is marked by a large ego, a need for admiration from others, and a lack of understanding of others. Narcissism is more common in men than in women and usually begins presenting in a person’s late teenage years or early adulthood. People with narcissistic personality disorder have an intense need for attention and will go to great lengths to get it. They often feel superior to the people around them, even if they don’t have achievements that support that feeling of superiority. They may even harbor negative feelings toward people they view as less important. This can also result in narcissists seeking to surround themselves with people who they believe can get them ahead in life. Failure to get what they want can send narcissists into rage and cause aggressive behavior that might not be displayed by someone who doesn’t have a personality disorder. They may have insecurity, shame, and fear about being a failure or being perceived as a failure.

Treating narcissistic personality disorder can be a bit of a Catch-22. The nature of the disorder makes it so that the affected person would not want to admit weakness and seek mental health help. It is also easy for a narcissist to misinterpret a mental health professional’s efforts as insults. However, talk therapy can be effective in helping someone with narcissistic personality disorder deal with their issues. Someone who has been the victim of manipulation and narcissistic abuse should also consider seeking guidance from a mental health professional.

Narcissistic Manipulation That Can Appear in Divorce

Narcissistic personality disorder and manipulating others go hand in hand. It can be expected that a spouse who has this condition may exhibit certain types of behaviors should they ever get divorced. Divorce is already difficult enough without factoring in a personality disorder in at least one party. If you need legal assistance to deal with toxic behavior from an ex during divorce, it will be your responsibility to seek out counsel and retain it yourself rather than the court appointing you an attorney. To schedule your free consultation with our experienced Arizona family law firm, call 602-609-7000.

Making Threats

Threats of violence should be reported and taken seriously, but a narcissist might make other types of threats during a divorce. For example, if the spouses share minor children, a narcissistic spouse might threaten to obtain full custody and never let the other parent see them again. A narcissist might threaten to spread lies or private information to ruin their future ex-spouse’s reputation. There will often be a sense of urgency behind these threats- if you don’t respond within their timeframe, they will act. The problem with responding to these threats consistently is that it will create a precedent and encourage similar behavior in the future. A divorce attorney can help with threats because they can field all communications regarding the divorce and filter out which items require action on your part.

Playing the Victim

There are different subtypes of narcissistic personality disorder, so some narcissists always want to be seen as the winner while others always want to be seen as the victim. For example, covert narcissism is also known as vulnerable narcissism and can have less obvious symptoms than other subtypes of narcissistic personality disorder. There are countless ways that a spouse can play the victim during a divorce. If they weren’t the spouse to file the petition, they would probably repeat that fact over and over again. Arizona is a no-fault divorce state that doesn’t penalize a divorcing spouse for being the petitioner rather than the respondent.

Creating Unnecessary Drama

Drama undeniably draws attention, and narcissists love attention. Getting divorced from a narcissist may feel like unending drama. It might be impossible to get through a divorce with absolutely zero drama, but aiming to keep drama at a minimum reduces stress for both parties. There are a few factors that make divorce drama harder to ignore.

Not every married couple has the option to separate households while a divorce is pending. Some spouses continue to live together during divorce proceedings, whether it’s finances, scheduling, or some other reason. This creates more opportunities for both parties to feel hurt and possibly even take it out on each other.

When a divorcing couple has minor children together, they create both an opportunity to cause drama and an incentive to avoid it. It can be emotionally damaging for children to watch their parents fight and argue. If you do feel the need to fight and argue with your ex, keep it away from places like your children’s school and custody exchanges.

Drawing Out Proceedings

Stalling a divorce to make it take longer is a move in the narcissist’s playbook. There could be several motivations behind this. If one spouse has an easier time paying legal fees, delaying a divorce may be their way of trying to “starve out” their spouse. That spouse might simply want to maintain an obligation and control over their spouse. If a spouse is intentionally delaying a divorce, the affected spouse may need to work harder to make sure the divorce is finalized efficiently. Hiring a family law attorney can help keep negotiations on track to reduce how long the divorce takes. However, every divorce in Arizona is bound by a mandatory 60-day waiting period. Divorce can take much longer- several months or even years. Ideally, a divorce attorney will keep the matter from taking that long through careful and persistent legal work.

Recruit Representation That Will Help Protect Your Interests

A divorce with at least one narcissist involved is bound to be more complicated and stressful than the average divorce case. Proceeding through a divorce without legal representation can be overwhelming, and doing so when your ex does have an attorney will put you at a disadvantage. It can take more than one consultation to find the attorney who best suits your needs- that’s why Phoenix Divorce Attorneys offers our initial phone consultations free of charge, unlike some of our competitors. Learn more about your options under Arizona law with no risk or obligation. Our patient and knowledgeable divorce lawyers will get your case started on the right foot. Schedule your free consultation today, call 602-609-7000.

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

Arizona Pet Disputes In Family Law

Arizona Pet Disputes In Family Law

Families come in all different forms, and some people choose to adopt fur babies rather than have their own. Even if you love your pets like children, that isn’t necessarily how they will be treated under the law if you get divorced from your spouse. Having pets won’t trigger a custody battle that may apply if you share minor children with your soon-to-be ex-spouse. But your pets could still be a point of contention that drags out your divorce and, in turn, increases legal costs. You can prepare yourself for your legal matter with knowledge of Arizona divorce laws and guidance from a skilled family law attorney. No matter the legal issues relevant to your case, our legal team is here to provide counsel and representation. To learn more with your free consultation, call 602-609-7000

A lawyer reviews documents with a statue of Lady Justice in the foreground, representing the services of Phoenix Divorce Attorneys.

Pets As Property In Arizona Family Law

As much as we love our pets, they are viewed as property, akin to furniture, vehicles, clothing, etc. rather than children. This means that their fate will be decided in property division rather than a custody matter. Two spouses can make an agreement to divide their property in any way they choose. This might be placing one pet with one spouse and another pet with the other spouse. It might be better in your situation to avoid splitting up the pets and keep them in one household. The spouses can also agree to a custody-like situation where the pet(s) spend a certain amount of time with each spouse and switch off. However, a judge is unlikely to bind two divorcing spouses together in this type of legal arrangement at trial. The spouses will need to divide property division through a consent decree if they wish to split custody of their pets after dissolving the marriage. 

Per A.R.S. § 25-211, Arizona uses community property law to divide marital property. In a community property state, almost all property acquired by either spouse during a marriage belongs to each spouse equally. There are exceptions for property acquired by gift, devise, or descent, or acquired after a petition for dissolution of marriage, legal separation, or annulment is filed and that petition results in a dissolution of marriage, legal separation, or annulment. Therefore, any pets acquired while the spouses are married are technically part of the community estate, even if the pet is considered to be one spouse’s pet specifically. A pet acquired before the marriage or after a petition has been filed will belong to the spouse who adopted it. 

Some states, like California and Illinois, have laws regarding the distribution of shared pets in a divorce. Arizona has not joined the states that have statutes for community property division of pets yet. In these states, the judge can analyze a number of factors when determining pet custody in a dissolution of marriage. Even though a pet would technically be community property, the judge can look to which spouse actually paid for and adopted the pet. Feeding the pet and buying its food and toys can be relevant to which spouse should continue caring for the pet. If one spouse walks the pet and takes it to veterinary appointments, this could also be relevant to the judge’s decision. If one spouse has been accused or convicted of animal abuse, the judge is more likely to grant the pet(s) to the other spouse. These factors can help point a judge in the right direction, but are far different from the factors affecting a child’s best interest as described by A.R.S. § 25-403

Pet Support

As pet custody laws don’t exist in Arizona yet, neither do laws regarding the financial support of shared pets after a divorce. Spouses can make their own agreement for pet support just like they might with pet visitation or shared pet custody. However, pet support isn’t an issue that family law judges are equipped to determine at trial. Spouses that adopt a pet together during marriage may want to have a conversation, although uncomfortable, about these types of issues in case of a breakup. 

Pets In Property Division

If you picked up your pet from the local animal rescue, its emotional value is probably much higher than its financial value. But many pets are expensive and can be considered a substantial asset that should be split in property division. This might apply if a pet is from a specialized breeder, competes in shows, or even has a social media career. Here, the spouse who doesn’t get to keep the pet might need to be compensated during property division, whether that’s keeping an extra item of furniture, a vehicle acquired during the marriage, etc. This asset should be similar in value to the market value of the pet. That spouse can also be compensated with cash. 

Factors To Consider When Deciding Who Gets The Pets

Your instinct may be to fight to keep your pet, but the pet’s needs should be considered in this type of situation as well. Transitioning between households can be stressful for a pet and ultimately detrimental to their health. Showing your pet love might come in the form of recognizing that your post-divorce household is an unfavorable living situation for your pet. Some of the factors that could influence a pet’s well-being after a divorce include:

  • If the pet will receive sufficient care and attention in each individual household
  • If each spouse’s new housing situation/landlord allows pets
  • If the pet is bonded to a child or children and one spouse will have primary physical custody
  • Other pets in new households, e.g., if one spouse rents a room in an apartment with a roommate who has multiple cats
  • Each spouse’s work schedule and conflicts with the pet’s care schedule
  • If the spouses share multiple pets who are bonded with each other
  • Whether the pet is in good enough health to live in each spouse’s new household, e.g., a spouse’s new hardwood floors aggravate a dog’s hip dysplasia or it can’t get up a new entry staircase
  • If one spouse plans to move out of state, whether that pet breed is legal there (as well as potential allergens and environmental issues)
  • Whether each spouse can afford to take care of the pet after the divorce on a single income

Determine Your Rights As a Spouse & Address Specialized Issues With Our Phoenix Divorce Legal Team

As you can see, splitting pets between spouses in an Arizona divorce isn’t as simple as standing a certain length apart and letting the pet choose who will take care of it. Your pet could be viewed as a way to get back at you by a vindictive ex, or your ex may simply want to keep your pet(s) as much as you do. If you are concerned about the distribution of your pets in an upcoming divorce in Maricopa County, you should consider retaining an established law firm to represent you in the matter. Our experienced divorce attorneys are passionate about delivering our clients positive results from negative situations. Hiring Phoenix Divorce Attorneys can help ease the burden of a stressful divorce and any other family law matter you may be facing. For your free consultation with a skilled divorce lawyer, call 602-609-7000

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

Why You Should Be Wary Of Limited Scope Family Law Firms

Why You Should Be Wary Of Limited Scope Family Law Firms

Most lawyers are good at presenting themselves as confident and competent legal counsel, even if that isn’t really the truth. Additionally, some law firms hire smooth talkers to retain clients during consultations just to fall short when the client’s case becomes particularly rough. The family law industry is full of several types of firms, but here we will discuss the differences between limited-scope and full-service law firms. If you are seeking family law representation, it’s crucial that you understand what you would be signing up for with each. When you’re ready to schedule your free consultation with one of our experienced Arizona family lawyers, click here or call 602-509-0955.

Phoenix Divorce Attorneys In Arizona

What Is Limited Scope? What Is Full Service?

Most people assume that if someone retains a family law firm, that firm will assign a lawyer to represent them in all of their family law legal matters. However, this isn’t necessarily the case with all family law firms. Some firms can only handle certain matters within and related to divorce and family law. For example, a divorce lawyer should be familiar with the ins and outs of property division negotiation, setting up a parenting plan, and calculating child and spousal support. But there are several special issues that can exist within what may seem like a “standard divorce’ on its face. A limited-scope firm may or may not have the resources and capabilities to deal with these specialized issues. For example, a wife may discover that her husband was hemorrhaging community property funds on an affair partner, gambling, vacations, etc., shortly before the divorce. This is known as marital waste, and theoretically, the other spouse should be compensated for the other spouse’s marital waste during property division. A limited-scope attorney may not be seasoned in this particular area, not know the type of evidence to track down, and ultimately let funds slip through the cracks that otherwise could’ve gone to their client. Some matters may force an unprepared attorney to withdraw altogether.

You may think you need a relatively simple and standard divorce only to find out there are several issues underlying your situation. Some of the services that a full-service Arizona family law firm should offer include:

  • Dissolution of marriage
  • Annulment
  • Legal separation
  • Child custody
  • Child support
  • Spousal support
  • Property division
  • Grandparents’ rights
  • Child support modification
  • Child custody modification
  • Court order enforcement
  • Protective orders

To avoid the issues that limited scope family law representation can bring, start your search for legal counsel with an experienced full-service Arizona family law firm. To schedule your free consultation with one of our dedicated Arizona divorce lawyers, call 602-509-0955 or click here.

Limited Scope Representation Can Damage a Family Law Case

Limited scope representation can have a negative effect on a family law case in several ways. As mentioned above, a limited-scope family lawyer may not have the knowledge to look out for specific issues in divorce and custody matters of which a full-service family lawyer may be more aware. When this type of knowledge is missing from the start, your entire case may be strategized in a way that doesn’t turn out well for specialty issues. In the example above, the limited-scope lawyer may not be familiar with marital waste, which could decrease the number of assets the lawyer could win for their client during the property division. A limited-scope attorney might not be able to handle orders of protection and other issues surrounding domestic violence. You may desire or be required to participate in mediation in an attempt to settle your negotiation, which can always be assisted by the guidance of an experienced divorce lawyer. The ways in which a family lawyer’s scope could be limited are almost endless. 

Limited scope representation doesn’t just damage a family law case at the beginning. The biggest potential issue is if an unexpected issue arises out of the family law matter that the attorney is unequipped to handle. For example, let’s say a divorce attorney helped a father reach a 50/50 custody agreement for his children with his ex-wife. The Tucson family lawyer knew that the husband was leaving the wife due to an alcohol addiction but failed to include any provisions reflecting this in the custody orders or fight for primary custody. A few months later, things are bad and the father wishes to gain full custody of his children for their own good. Unfortunately, his divorce lawyer doesn’t handle emergency child custody modifications. Here, the lawyer might withdraw, leaving the father on his own to either retain a new lawyer at the last minute or figure out how to petition for emergency custody on his own. A full-service attorney would be able to jump in and petition the court for custody quickly, and possibly more convincingly than a non-lawyer parent could do on their own. Essentially, hiring a limited-scope family law firm leaves the client at risk of being abandoned. 

What to Look Out For During Your Consultation

The best salespeople can sell anything, whether or not they’re truly qualified and knowledgeable on the topic, including legal services. Unfortunately, what this translates into in a legal context is false expectations during the legal process and possible loss of legal representation in the midst of a legal issue. Unless you or someone close to you has a great deal of experience working for law firms, it can be tricky to discern a full-service law firm from one that is actually limited in scope. During your initial consultation- keeping in mind that this begins with the legal professional, not with the receptionist who schedules your appointment- some of the questions you may want to ask include:

  • Which specific types of family law matters does your firm handle and not handle?
  • What is the name of the attorney or attorneys who may be assigned to my case?
  • Where is your office(s) located? 
  • Do the people who answer your phones work in the office with you or in a call center?
  • What types of unexpected issues have you seen arise in cases similar to mine?
  • Why do you typically withdraw from your family law cases?
  • How long have you and your staff been working in Arizona family law?
  • How long do you expect my case will take from start to finalization?

Just as there are things to look for during your consultation, there are also things to avoid. Before conducting a consultation, a family law firm should always run a conflict check. This is to avoid ethical issues of consulting with both parties in a legal matter, especially if one of the parties retains as a client. A money-hungry firm less concerned with proper family law practices may forget this step. Another thing to look out for is sure-fire guarantees in your family law matter’s outcomes. Yes, there are laws that should make it clear how family law matters will turn out in Arizona. However, in practice, family law matters are rarely black and white like the letter of the law. Sometimes the evidence doesn’t fully portray what is going on behind the scenes, sometimes the judge may seem to have it out for one of the parties, and sometimes things just don’t work out as expected. Lawyers have an ethical obligation to avoid 100% guarantees- if you hear them during your family law consultation, you just might be talking to a salesperson. To schedule a free consultation with a real family law professional rather than a salesperson, click here or call our Phoenix divorce team at 602-509-0955

Trust The Professionals With Your Case- Call Our Firm For Your Free Consultation

Many family law attorneys get into the industry because they are passionate about helping families, oftentimes because they’ve gone through stressful family law situations themselves. And some law firms form because they want to turn a quick profit with little regard for their clients’ welfare. Family law matters are vitally important- your life savings, rights to your children, and more could all be at stake. Don’t trust all of this with someone who could abandon your case in your hour of need. At Phoenix Divorce Attorneys, we will thoroughly handle your case from start to finish. Our lawyers offer honest and reliable full-service family representation for Arizona families. Get started today with your free consultation by calling 602-509-0955

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

Phoenix Family Law Matters & Best Interests Of The Child Featured Image

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?

Family Law Attorneys Explain The Factors That Make Up The Child’s Best Interests In Phoenix

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