Posts Tagged ‘Arizona’

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ARIZONA DIVORCE ATTORNEY DISCUSSES TEMPORARY ORDERS

Tuesday, April 30th, 2013

May 1st, 2013

When Temporary Orders Are Necessary in Arizona Family Law Cases

Submitted by Attorney Douglas C. Gardner

Temporary Orders often needlessly increase the cost of a divorce or family law case in Arizona.   In many cases, the extra cost to get temporary orders that are only in place for a few months are not financially justifiable.  However, in certain cases, temporary orders are necessary to balance the power in a case and ensure that both sides have fair negotiating position and to ensure that the children are not improperly used in a tug-of-war.

Most typically, the issues sought in temporary orders are child support, spousal support, parenting time, and exclusive use of a house or vehicle.

Temporary exclusive use of a house or car is often sought when the parties are unable to reach an agreement as to how to temporarily get along.  Sometimes temporary use of a house is required because of domestic violence by one party.  Other times, one party has moved out of the house, but refuses to respect the privacy of the other party still in the house.  Often exclusive use of the house accompanies a battle over parenting time.

Hopefully the parties to any case can reach agreements as to parenting time so as not to involve the children in a tug-of war.  However, when both parents have different expectations about parenting time, it may be necessary to involve the court.

Courts may be asked to enter any orders on a temporary basis that the Court has jurisdiction to enter on a permanent basis.  Your attorney can help you understand the costs involved and the value of obtaining temporary orders in any given case to assist you in deciding whether it is worth pursuing.

The long term value of temporary orders needs to be discussed with an experienced attorney also.   On the one hand, the orders are temporary and in that line should have no long term effect.  The Court’s final orders should be retroactive and if the temporary orders were too low or too high, the difference should be resolved.

On the other hand, too often the temporary orders do have significant effect on the case, settlement, and even the trial. It is important to get appropriate orders in place when sought by either party.

When a Court has held a temporary orders hearing and ordered temporary spousal support (for example) of $1,000.00 per month, this has a significant persuasive effect on both parties.  Knowing that the Court has heard the evidence (even if it was the short version of the evidence) the court already determined this to be an appropriate amount.  Generally, this will carry significant weight in settlement discussions.  Additionally, there are many judges that will simply order that final orders begin from the date of the final trial forward and will leave the temporary orders as they were.

Temporary orders as to exclusive use of a house will also increase a party’s likelihood of getting the house when both parties are seeking to be awarded the house in the final orders. The Court will see that one party has already moved out and it will therefore be more simple to leave that party in the house.

Prior to pursuing temporary orders, speak with your attorney about what you hope to accomplish, the costs of seeking to obtain your desired result, and the potential long term consequences of seeking temporary orders.

If you are involved in a divorce, legal separation, or annulment case or other family law case, if you are involved in a case in which temporary orders may be necessary, and if you have determined that you need experienced legal representation, please call 800-899-2730 and ask to speak with Douglas C. Gardner, or visit our website at www.yourarizonadivorcelawyer.com.

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CHILD SUPPORT ISSUES AFTER DIVORCE FROM AN ARIZONA DIVORCE LAWYER

Friday, March 1st, 2013

Arizona Divorce Lawyer Discusses What You Need To Know About Child Support Even (Especially) After Your Divorce or Custody Case Has Ended

Submitted by Attorney Douglas C. Gardner

Even after a divorce (or a custody case in which the parties were never married) has concluded, both parties need to know certain basics about child support.  Failure to understand these can result in substantial financial harm to a person, and serious injustices can occur when the law is applied rigidly.

    1. Unpaid Child Support:  Pursuant to A.R.S. § 25-503(J), unpaid child support may not be collectable unless court  papers are filed within ten years after your youngest child is emancipated.  Once a final judgment for unpaid child support has been obtained, there is no further need to  renew the judgment.  However, failure to obtain a judgment for unpaid child support within ten years may result in forfeiture of claims for unpaid child support.

 

While this has been greatly expanded in recent years to assist the recipient in collecting child support, a person who sits on their rights may not be able to come in many years later and seek to collect monies that have never been pursued legally.

    1. Modification of Child Support:  The amount of child support can be modified if there is a “substantial and continuing change in circumstances.”  The amount of child support is determined by the Arizona Child Support Guidelines, which is currently part of the Arizona Revised Statute Section 25-320.  Those guidelines are modified from time to time.

 

If incomes have changed, if insurance premiums have changed, if day care costs have changed, if additional children have been born or adopted, or if other financial issues related to the calculation of child support have occurred, you should speak with an attorney to see if this would result in a favorable change to your child support situation

    1. Termination of Child Support:  The obligation to pay child support for a child ends when the child reaches 18 (or when the  child is no longer attending high school, if the 18th birthday  comes before high school graduation).        Support for disabled children can go beyond those dates.

 

Keep in mind, however, that this references the “obligation.”  However, unless this is the last child, there is no automatic change.  A person wishing to reduce child support obligations for the emancipation of an older child will still need to request a modification for the remaining younger emancipated children. More on this below.

 

Also, if you believe your child is disabled to the point of not being able to provide for himself or herself, you should promptly contact an attorney to discuss obtaining an order that would continue child support beyond emancipation.

    1. Child Support Arrearages:  The law requires that if at a hearing to collect one month or more of child support arrearages, it  appears the payor is licensed or certified in an occupation or  profession or holds certain other State of Arizona business licenses or certificates, the matter will be referred to the licensing board, who may suspend the person’s license or put that license on probation.

 

If you are behind on your child support, contact an attorney to help you get this structured on a specific arrearage repayment plan.  If you are the recipient of a large unpaid child support, contact an attorney to assist you with getting the arrearage caught up and paid.

    1. Exchange of Information:  You are required to exchange certain information regarding child support every two years.

The law in Arizona requires the parties to exchange financial information every two years.  This allows each party to address whether they should request any update or revision of child support.

    1. Increase or decrease of child support:  There is no automatic increase in child support as a child reaches age 12, and no automatic decrease in child support as a child reaches 18 and is no longer attending high school, if support is still owed for another child.  But the amount can be modified at the time using procedures described in the Child Support Guidelines.

 

If you want to change child support, contact an attorney to assist you in getting the process started right away.

One of the greatest legal injustices that occurs often in family law cases occurs when parties have an “agreement” but not a court order to change child support.  You must understand that child support can only be changed by a court order.  When parties are in agreement, the Court will often sign the order without a trial or with a very abbreviated hearing to confirm the terms of the agreement.  However, without a court order, child support cannot really be changed.

Imagine the case in which in a divorce, Father receives the primary residential parent status, and Mother is ordered to pay $500.00 per month in child support.  One year later, the parties agree to have the child live instead with Mother, and “agree” to have no child support.  10 years later, the child is now turning 18, and Father goes back to Court and asks to have the 10 years of child support arrearages enforced.  The Court would have no choice but to enforce the only child support that was ever entered, which was the $500.00 child support order from the divorce.  As no child support was paid for 10 years, Mother now owes 120 months of $500.00 per month, or $60,000.00 plus a substantial amount of interest.  Do not let this happen to you.  If you have an “agreement” that is different than the actual court ordered child support amount, call an attorney immediately to try and get this resolved and corrected.

If you are involved in a divorce, legal separation, or annulment case or other case involving children, parenting time and legal decision making issues, and if you have determined that you need experienced legal representation, please call 800-899-2730 and ask to speak with Douglas C. Gardner, or visit our website at www.yourarizonadivorcelawyer.com.

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Last Month For Custody

Monday, December 10th, 2012

Arizona Divorce Lawyer Says Goodbye to Custody

Submitted by Attorney Douglas C. Gardner

I mentioned this in my blog last month, but this is so huge I wanted to address it once more.  Goodbye Custody.  In a recent seminar, where most of the top divorce and family law attorneys and many of the family law judges were gathered, the primary topic was the end of “custody.”

One attorney suggested a marketing campaign of “Last Chance to Get ‘Custody!’”  Most people have no idea that they will no longer be able to go to court to get custody beginning January 1, 2013.

While this may sound like a big change, it is primarily semantics.  Sole Legal Custody and Joint Legal Custody are being replaced with the terms “Sole Legal Decision Making” and “Joint Legal Decision Making.”

At least initially, not much changes except for the wording.  There are several other changes to the law that will over time alter the trajectory of the family law changes that have been happening for decades.

If you need to establish “custody” or “legal decision making” for the first time, or if you have a custody order and you are returning to Court, beginning in January the Courts will be required to put into effect orders for “legal decision making.”  Existing “custody” orders will remain valid, but as each case returns to court, the new replacement orders will no longer include the “custody” terminology.

Do not let this scare you.  While this is your last month to get Custody, very little has actually changed in the short term with this new law. Over time, we will continue to see important changes and you will want to ensure that you are represented by an attorney that is aware of these changes and in tune with the ever-changing law.

If you are involved in a divorce case or other parenting time case involving “legal decision making” (the new word for legal custody), or other simple or complex issues and want experienced legal representation, please call 800-899-2730 and ask to speak with Douglas C. Gardner, or visit our website at www.yourarizonadivorcelawyer.com.

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Divorce Preparation- Part 2

Monday, October 22nd, 2012

Preparing for a Divorce Trial Part 2; Presenting Relevant Evidence.

By Attorney Karl Scholes

Preparing for a Divorce Trial Part 2; Presenting Relevant Evidence. 

Preparing for a divorce trial can be a daunting task. The difficulty comes in having so many issues to cover, and having so little time to cover them. Parties to a divorce (usually those who have opted to not hire an attorney) will commonly make the mistake of using up what little court time – and judicial patience – allotted to them by presenting the Court with irrelevant testimony. 

In Arizona, there are certain findings that the court must make to enter a decree of dissolution of marriage. Those findings are found in A.R.S. § 25-312, and are as follows: 

  1. That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state while a member of the armed services, and that in either case the domicile or military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage. 
  2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met. 
  3. The marriage is irretrievably broken or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-903. 
  4. To the extent it has jurisdiction to do so, the court has considered, approved and made provision for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property. 

Noticeably absent from the above factors is anything to do with marital infidelity, imbecility of newly acquired significant others, or annoying habits of the other party. If it is not mentioned in the findings above, then the court does not want to hear about it. 

Now, the issues of 1.) child custody; 2.) the support of any natural or adopted child common to the parties of the marriage entitled to support, 3.) the maintenance of either spouse, and 4.) the disposition of property involve a lot of relevant testimony. The relevant factors for each of these issues are covered by statute, and are the topic for another time. 

However, none of the pertinent statutes include factors that have anything to do with marital infidelity, imbecility of newly acquired significant others, or annoying habits of the other party. These are never mentioned. 

Not even once.

If you are in need of legal counsel and would like to speak with an experienced family law attorney, please call 800 899-2730  or visit our website at www.yourarizonadivorcelawyer.com. or www.davismiles.com

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Documentary Evidence

Sunday, September 16th, 2012

Preparing for a Divorce Trial Part 1; Using Documentary Evidence

Submitted by Attorney Karl  Scholes

Preparing for a divorce trial can be a daunting task. The difficulty comes in having so many issues to cover, and having so little time to cover them. In their rush to tell the judge what they think is fair in their divorce, a party (usually one who has opted to not hire an attorney) will often overlook an essential step; presenting the court with documentation to back-up their testimony.

Documentary evidence will often break the tie of a “he-said/she-said” trial. A police report, psychological evaluation, or tax return used in the right place, can turn a potential difficult decision into a no-brainer. But, how do you get the document entered into evidence?

First, to use a document as evidence at trial, you have to disclose it prior to trial. Parties (again, usually those who have opted to not hire an attorney, but sometimes even some attorneys) will bring a document they wish to use on the day of trial. It is important to note that if you bring the document to trial, and it is the first time the other side has learned you intend to bring it, chances are you are not going to get the document admitted as evidence. In order to be able to be assured use of the document you want to get in, you need to follow the disclosure rules, as codified in the Arizona Rules of Family Law Procedure.

Second, once you have disclosed the document, you need to get it to the judge’s judicial assistant to be marked prior to trial. Most judges in Maricopa County will require an exhibit to be marked at least five business days before trial. Again, if you don’t get it to the judicial assistant prior to trial, chances are you are not going to be able to use that exhibit at trial.

Third, once you have properly disclosed the document and had it marked, you still need to get it in to evidence. It is not enough to lay it on the judge’s desk and say, “Here is this document judge…” You need to tell the judge you are, “Moving to have the exhibit admitted as evidence.” Once you do this, the other side will have the chance to object. If there is no objection, or if the judge overrules the objection, your document is admitted into evidence.

Family court judges have a difficult job. They are faced with making important decisions based on sometimes contradictory testimony. Documentary evidence, used correctly, will often go far in resolving those contradictions in your favor.

 If you are in need of legal counsel and would like to speak with an experienced family law attorney, please call 800 899-2730 or visit our website at www.yourarizonadivorcelawyer.com. or www.davismiles.com

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TEMPE AND MESA ARIZONA DIVORCE AND FAMILY LAW LAWYER DISCUSSES BUSINESS VALUATIONS

Monday, July 30th, 2012

 

Arizona Divorces, Equitable Division of Assets and Debts, Including Complex Business Valuations:

Submitted by Attorney Douglas C. Gardner

Under Arizona law, the Court must equitably divide the assets and debts of the parties involved in a divorce case.  The general rule is that the equitable division will also be an equal division, though there are some exceptions where an un-equal division is considered equitable or fair by the Courts. 

Many assets and debts are simple enough to divide.  If there is $1,000.00 in a bank account, each party simply takes $500.00.  If one side already took $400.00, then of the remaining $600.00, one party will receive another $100.00, and the other party will get the $500.00. 

Similarly, with debts, each party is generally required to pay 50% of the debts.  Sometimes a house can be sold and the equity can be used first to pay down the debts.  Sometimes one party will do a balance transfer of 50% onto a different card, and each party will then be required to pay their 50% off at their own pace. 

Retirement accounts such as 401(K) accounts can be divided quite readily, though doing so may require a court order or complex paperwork.  The concept though is the same in that each party will get 50%. 

By settlement of the parties, and occasionally by court order, certain items are offset against other items.  The Court may give Husband the $500 pink sewing machine and give Wife the $500 orange chain saw, which would be an equitable division as each party has an item of equal value. 

Some care must be taken when using offsets or setoffs.  For example, $1000 in a savings account is not equal to $1000 in an IRA or 401(k).  The $1000.00 in the savings account has already had the taxes paid.  The $1000 in the IRA or 401(K) will require taxes of approximately 20% and a penalty in most cases of about 10%.  So the $1000 IRA or 401(K) nets only about $700.00 and the $1000.00 in the savings account nets the full $1000.  Similar issues result in property, real estate, stock, and businesses that have capital gains and other tax issues involved.  A qualified and experienced attorney should be able to help you understand the principles, and a CPA or accountant should be able to help you specifically quantify these valuation issues.

Having been involved in many complex divorces, an issue that often arises is the division of a business owned by one or both of the parties.  In cases where one party owned the business prior to the marriage, the other party may still have some claim to a part of the business.  In cases where the business was purchased or built during the marriage, the business must be equitably divided. 

Sometimes the easiest way is to sell the business and each party receives 50% of the net sales proceeds.  This makes things simpler for both parties, both attorneys, and the Judge.  However, in many cases the business is not one that is easily sold, or the business is the livelihood of one of the parties.  In these cases the business may be sold by the community to one of the individuals, or rather the purchasing party will pay the other party 50% of the value of the business. 

Figuring out the value of the business can be expensive and complex.  An appraisal for most houses costs $300-$400, and these can usually be obtained quite quickly.  The abundance of houses, all somewhat similar to one another (most have a kitchen, a family room, a few bedrooms and bathrooms) allow for comparable sales to be used to quickly identify the going rate for houses of a certain size and in a certain location.  With businesses, they are much less one size fits all.  Some businesses such as accounting or medical practices are service related.  Other businesses such as restaurants and grocery stores are retail, merchandise, or goods related.  Some businesses own the real estate used, while others rent or lease.  Some businesses are very risky and demand much higher returns.  Some businesses have intense competition, while other businesses have unique niches. 

Having been involved in many divorces including businesses, and having an accounting, finance and business background myself, I have seen how important it is to have businesses professionally evaluated.  Sometimes this can cost a few thousand dollars, but think for a moment what the cost to just guessing would be.  Hypothetically, the parties “guess” the business to be worth $300,000.00.  A business valuation would have cost $3,000.00.  Each party would have paid half of the business valuation.  If the “guess” is off by more than $3,000.00, one party will get burned.  What if the business was really worth $320,000.00 instead of $300,000.00?  The receiving party would receive $160,000 instead of $150,000.00 for half of the business.   This small difference in value would have easily justified the cost of the business valuation. 

There are some cases where the business is a very small business, or a new business with lots of debt, that is simply not worth much.  In these cases the business may not merit a full blown appraisal or valuation.  There are some options that can be considered to help both parties make appropriate decisions in such cases. 

Once the value of the business is determined, the parties need to ensure that certain adjustments are considered.  A business worth $500,000.00 may not automatically require a buyout of $250,000.00.  What if the business has debts of $400,000.00?  The net value of the business may then be only $100,000.00.  

A more complex adjustment is for anticipated capital gains tax.  If a business has been largely depreciated, upon the sale (other than a sale to a spouse as part of a divorce) the sale will trigger capital gains tax on the business.  This can be up to 20% of the purchase price (and subject to change as tax laws seem to do from time to time).  A business worth $500,000.00 could have a built in $100,000.00 of capital gains tax that would need to be considered and adjusted as appropriate.  This is more complex as there is uncertainty as to when the business would actually sell, and what the future capital gains tax would be. 

If you are involved in a divorce case involving simple or complex asset and debt issues and want experienced legal representation, please call 800-899-2730 and ask to speak with Douglas C. Gardner, or visit our website at www.yourarizonadivorcelawyer.com.

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Calculating A “Ball-park” Child Support Amount.

Monday, July 9th, 2012

 

Submitted by Attorney Karl Scholes

 

I will often have my divorce, or post-decree, clients ask me, “How much child support will I be receiving/paying?” My normal answer to them is a resoundingly, lawyerly, “It depends.”

 

When they press me for a more specific response, I tell them, “Well, we just need to apply the Arizona Child Support Guidelines.” I then proceed to instruct them as to what the Guidelines specify.

 

However, when they push back even more, I tell them, “Oh, you are looking for a “ball-park” calculation. That I can get for you.”

 

The remainder of this article is an explanation on how to come to a “ball-park[1] ” child support calculation.

 

First, one should understand at least a little of the background about child support in Arizona. It is important to understand that Arizona law requires custodial and non-custodial parents to provide “reasonable support” for their minor children. A.R.S. §25-501(A). A parent’s child support obligation has priority over all other financial obligations of the parent. A.R.S. §25-501(C).

 

In addition, the court receives the authority to award child support under A.R.S. §25-320. This statute also makes it mandatory for the court to issue an order of child support as per the Arizona Child Support Guidelines, (unless the court finds that a deviation is necessary… which is a subject matter for another day.)

 

The Arizona Guidelines follow the Income Shares Model, which means that the total child support amount approximates the amount that would have been spent on the children if the parents and children were living together.  The guidelines involve numerous intricacies, and for a full application, one should consult an attorney – who is experienced in using the Arizona Child Support Guidelines – as to how the guidelines apply to each individual case.

 

Second, to get a “ball-park” child support calculation, one must be able to answer the following questions:

 

1.      What is the gross income of both parties? (Note, this issue sometimes becomes complicated, especially if one party is self-employed, has an income that is not easily ascertainable, or if one party is unemployed. Consult an attorney if there are any complications in your case.)

2.      What is the number and ages of minor children involved? (Note, if this factor is complicated, please consult a mental health professional before seeking the advise of an attorney.)

3.      What is the cost of medical/dental/vision insurance for the minor child(ren): The key to this factor is to find the cost for medical insurance for just the minor children. (Note, at times, this factor can be complicated as well. Please consult an attorney if there are any complications in your case.)

4.      What are the monthly childcare costs for the minor children?

5.      Are there any extra education expenses paid for the minor children?

6.      Are there any extraordinary (gifted or handicapped) expenses for the minor children?

7.      How many days, out of a year, will the non-custodial parent have with the minor children?

 

Third, the next step is to plug the numbers from the answers above into their corresponding areas in the Arizona child support calculator, which can be found here:

 

Fourth, once you have plugged in the numbers above into the calculator, it will dispense a number under the heading “Child Support Obligation to be paid by____________”. This is where you will have your “ball-park” child support number.

 

If there are complications in your child support case, or to get an exact child support calculation, contact a family law attorney who is experienced in using the Arizona Child Support Guidelines.

 

If you are in need of legal counsel and would like to speak with an experienced attorney, please call 800 899-2730  or visit our website at www.yourarizonadivorcelawyer.com. or www.davismiles.com

[1] While a “ball-park” calculation of child support may be important for purposes of settlement, or setting expectations, one should note that a full child support calculation should be done by an attorney who is experienced in using the Arizona Child Support Guidelines.  

 

 

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ARIZONA DIVORCE LAWYER: COMMUNICATION ISSUES DURING AND AFTER DIVORCES (FOR THE CHILDREN’S SAKE)

Monday, June 18th, 2012

Submitted by Attorney Douglas Gardner

Tempe Arizona Divorce Attorney Speaks About Communicating With Spouse or Ex-Spouse About The Children

 

1339285Most expensive Arizona divorces become expensive because of poor communication about the children.  Other factors can occasionally cause cases to get expensive, but generally custody issues have a large impact upon the cost of a case.

   

Except in extreme cases, the Court will generally order that the parties share joint legal custody.  Joint legal custody requires that both parents work together to make major medical, educational, and religious decisions.  In both sole custody and joint custody cases, the parties will still be required to have some level of communications regarding the logistics, including exchange times, exchange locations, and holiday scheduling.

 

In many cases, the parties will quickly (or at least eventually) learn to get along in a business-like relationship.  While the emotion and romance are long since gone, the parties should learn to work together at the business of raising their children.  Even in a business-like relationship, in which both parties are seeking to receive a personal advantage, parties can learn that it is mutually advantageous to compromise and to acquiesce to the other parent’s requests, so that at other times the other parent will compromise and acquiesce to future requests needed. 

 

It is important in developing a business-like relationship that the compromise work both ways, and the acquiescence work both ways.  If one parent is constantly a taker, and the other parent constantly acquiescing, this will cause resentment and will eventually result in a breakdown of communications and an unwillingness of one or both parents to compromise. 

 

A good divorce attorney should be able to discuss with you and share with you ways to work on communications, ways to set appropriate boundaries so that you are not taken advantage of, and other methods for “training” your ex-spouse or your soon-to-be-ex-spouse to understand that compromise works both ways. 

 

It is also of vital importance to have a detailed and strongly worded parenting plan in place.  While it is beneficial to both parents to work together and cooperate, and while it would be wonderful if both parents got along so well that the parenting plan was never needed, the fact is the parents are divorced or divorcing, and this indicates that there is a good chance that at least occasionally communications break down.  A solidly written parenting plan or custody order provides a fall back position for times when compromise is not occurring.  The parenting plan should detail the rights and responsibilities as well as the parenting times.  The parenting plan serves as the tie-breaking vote for occasions when no agreement can be reached.  The parent wishing to follow the written parenting plan prevails at that time. 

 

If you are experiencing legal issues involving custody or other difficult issues, whether as part of a divorce, after the divorce has already been entered, or a custody battle in which the parents were never married, you should have experienced legal counsel on your side. Please call 800 899-2730 and ask to speak with attorney Douglas C. Gardner, or visit our website at www.yourarizonadivorcelawyer.com.

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Strategic Reasons for Being Nice-Custody Determination

Friday, June 8th, 2012

 

Submitted by Attorney Kirk Smith

Conflict in a family 3

 

In many cases, parents divorcing, or parents who were not married but are now separating, will fight a merciless custody battle for their children. The extreme acrimony attendant with such battles, in my experience, can have a very real impact on the children of these divorces. Increased cooperation between the parents lessens this emotional impact, and by itself, should be sufficient incentive for most parents to “play nice” during the subsequent legal process.  

 

None the less is there a strategic reason for one parent to be gracious to the other, outside altruism, that benefits them in the court’s final custody determination?  

 

In most cases one parent will become the primary physical custodian of the children, meaning that that parent will have the children at their residence the majority of the time each week. There are specific statutory factors the family law court examines when determining who becomes the primary physical custodian of the children. See Generally A.R.S. §25-403. 

 

One of the factors the court looks at in determining who should receive primary physical custodianship is;

 

Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.A.R.S. § 25-403 (6)

Of course in some cases the other parent is a real danger to the children therefore it is necessary to diminish that other parent’s time with the children or ask that it be supervised. More often then not, however, both parents are usually suitable to care for the children, and an attempt to completely eliminate the other parent’s time with the children will be seen by the court negatively. The parent trying to “thwart” the other parent’s visitation with the children then could seriously and detrimentally effect that parent’s  chance of becoming the primary physical custodian because that parent did not “allow the child frequent and meaningful continuing contact with the other parent.”

If you are in need of legal counsel and would like to speak with an experienced attorney, please call 800 899-2730  or visit our website at www.yourarizonadivorcelawyer.com. or www.davismiles.com

A rule of thumb, assuming that the other parent is not a danger to the children, is to allow and encourage the other parent’s time with the children. This does not mean that you must have a half time schedule with the other parent, nor does it mean that anytime the other parent asks for time it must be provided. What it does mean is that going to extremes by trying to eliminate the other parent’s access to the children without good cause, strategically speaking, can backfire and decrease your chances of gaining the final custody determination from the court you wish.

 
 
 
 
 
 

 

 

 

 

 

 

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ARIZONA DIVORCE: WHAT YOU SHOULD DO IF A DIVORCE IS COMING

Friday, May 18th, 2012

Tempe Arizona Divorce Lawyer Discusses Steps That Should Be Taken To Protect Yourself If A Divorce or Legal Separation Is Coming

 

 

Under Arizona law, as soon as the divorce case is filed and served upon the other person, and both parties are aware of the existence of the case, the Preliminary Injunction provides each party with certain protections such as preventing the other party from absconding with the children or assets. 

 

However, even before a case is filed, there are certain steps that should be taken to protect one’s self and to ensure that information remains available and obtainable.

 

Change PasswordsAs soon as you believe you will be going through a divorce, make sure you change your passwords to your computer, email accounts, blogs, cell phones, etc.  While some of the information on your electronic devices may need to be disclosed and provided, you will need to ensure that you have sole access to these lines of communication.  You want to ensure that if your attorney sends you attorney/client privileged communications by e-mail that only you will have access to these communications.

 

You should also ensure that you have safely written down the account numbers, account balances, and the name and address of any financial institution or retirement company with which you or your spouse have accounts.  This information can occasionally disappear once the divorce is filed, and while your attorney may be able to subpoena or otherwise obtain this information, this comes at a cost. 

 

You should also make a list of any valuable property that you brought into the marriage, or that you have received as a gift or as an inheritance.  Under Arizona law, these are likely to be determined to be your sole and separate property. 

 

You should make a separate list or inventory of every item of personal property that you and your spouse own.  This can be done with a video camera walking room to room and panning across each room to show the furniture and appliances in each room, or can be done by a spreadsheet or otherwise.  If for some reason you are unable to return to the marital home, you will want to have already completed this list ahead of time.

 

Finally, you will want to find a trusted friend or family member, with whom you can store this information and copies of any important documents that you do not want to disappear or become lost. 

 

If you are considering a divorce or legal separation, and would like to speak with an experienced family law attorney about your rights, responsibilities, and ways to protect yourself in your upcoming divorce, please call 800 899-2730 and ask to speak with attorney Douglas C. Gardner, or visit our website at www.yourarizonadivorcelawyer.com.

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