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Posts Tagged ‘Divorce Decree’

A Judge’s Authority and Having the Advantage of An Experienced Family Law Attorney

Posted on: March 15th, 2013 by Scott Law

Limits of a Judge’s Authority

Divorce, in general, is referred to as dissolution of marriage in many states. The Superior Court judge is the only authority that can grant permission to dissolve a couple’s marital status. In addition to this, the judge is also authorized to do the following:

  1. Issue orders that pertain to the custody / legal decision-making, control and care of the couple’s children.
  2. Divide assets and debts.
  3. Issue orders relating to monetary support of the couple’s children.
  4. Issue orders to one of the parties to pay the legal fees incurred in the case by the other party.
  5. Issue orders for spousal support.

The Advantage of Having an Experience Family Law Attorney

Under Arizona divorce and child custody laws, the couple is encouraged and permitted to reach an agreement relating to all issues of divorce such as legal decision-making for the children, physical custody of children, alimony, division of debts and assets, etc. When using a divorce attorney Phoenix family law cases can often result in a partial or full settlement.  It is advisable to have a settlement agreement drafted after negotiation by an experienced attorney. The parting spouses are most often unable to customize all terms of settlement to suit their circumstances and needs, but an experienced divorce attorney can help to ensure that their agreement is as inclusive as possible.

There are also certain issues that court is not authorized to otherwise order but can be included as a provision that is enforceable in the divorce settlement agreement. In other words, you stand to gain rights through a well-drafted divorce settlement agreement, which a court may not otherwise provide you.

If you are in need of an experienced divorce attorney contact Scott Law Offices and make an appointment for your free consultation today.

Helpful Websites for Co-Parenting.

Posted on: January 10th, 2013 by Scott Law

We commonly rely on the internet for work, school, entertainment, and to keep in touch with friends and family.  When going through a divorce in Arizona or a child custody case, why not look to the internet to assist in co-parenting with your Ex?  There are many sites that provide tools for parents to assist with the sometimes difficult task of co-parenting.  Many of these sites also provide tools for divorce attorneys and custody attorneys to review communication and interact with the family.  Some of the tools available to parents on websites for co-parenting are:

  1. A shared calendar to coordinate any parenting time schedule or child visitation schedule.
  2. The ability to request changes to a parenting time or visitation schedule or to request a day swap.
  3. An expense log to keep accurate records and to allow for prompt payment of shared expenses.
  4. Stored information banks to keep up to date contact information on the child’s doctors, teachers, extracurricular activity providers, emergency contacts and to ensure that both parties have easy access to accurate immunization and health records for the child.
  5. Message boards for effective communication between parents and other family members.

At Scott Law Offices, we believe that communication is key.  These internet resources may provide many parents of divorce with a more simple, effective and low-conflict way of co-parenting.  Here are a few of the sites:

  1. Familywizard.com
  2. Jointparents.com
  3. Sharekids.com
  4. Parentingtime.net

For more information on Divorce, Custody or Visitation in Arizona, contact Scott Law Offices for your free consultation with a Phoenix Divorce Attorney.

Parenting Time and the Holiday Season

Posted on: December 6th, 2012 by Scott Law

Scott Law Offices is focused on family.  The holiday season is all about family.  Holidays can bring a certain amount of stress for many people.  When two people share child custody in Arizona, that holiday stress is often magnified.  Avoiding child custody and parenting time issues during the holidays can reduce stress for all involved.  By doing so, the children can enjoy a great holiday experience with both parents.  Here are some things to consider:

Check Your Paperwork

Your court orders for child custody and parenting time are binding.  Oftentimes there are specific orders regarding holiday parenting time set forth in your parenting time orders.  Stick to this schedule unless and until the orders are formally changed.  Most parenting time arrangements can be modified so long as the parties have a mutual agreement in writing.  Before making any modification to the parenting time schedule, be sure to follow the procedures for modifications set forth in your court orders.

Travel

Be sure to check your custody orders for limitations on travel.  It is often the case that advanced notice must be given to the other parent prior to traveling out of State with the children.  Sometimes permission must be obtained from the other parent to allow the children to travel out of State.  Plan ahead and give sufficient time for any necessary discussions related to travel.  Also, you may want to consider allowing some form of video chatting between the children and the other parent while you are travelling.  This may ease any stress that the children and the other parent may feel from being away from each other during the holidays.

Trade Time

If you find that you need to keep the children for extra time over the holidays or hope to have the children on a day that is not designated to you in your custody orders, consider trading time.  You could offer the other parent extra days at any time during the year or possibly offer them a holiday that would normally fall during your parenting time.  Flexibility is important in any co-parenting situation.

Be Nice

Though it may be difficult, try to be nice.  A little bit of compassion and tolerance can go a long way.  This can alleviate stress not only for you and the other parent, but for your children.  Communication is often the key to avoiding difficult holiday disputes.  Having effective communication and playing nicely with the other parent will set a good example for your children and may help them to have a happy holiday.

If you have questions about your parenting time schedule or child custody orders do not wait until last-minute.  Avoid the stress of last-minute holiday disputes by addressing potential holiday parenting time issues well in advance of the holidays and court closures.  Contact a Scott Law Offices custody attorney for your free consultation.

Why Do I Need A Divorce Attorney?

Posted on: October 12th, 2012 by Scott Law

One of the most common questions posed to divorce attorneys is:  Why do I need an attorney?  Husband and Wife may agree to  the divorce and may even agree to the terms of the divorce.   Regardless of the agreements reached by the parties, a final Decree of Dissolution of Marriage is required in every case.  This Decree, commonly known as a Divorce Decree, is a legally binding document and is an enforceable order of the court.  Both parties will be required to follow the orders set forth in the Divorce Decree and can be sanctioned for failing to adhere to it’s requirements.  A Phoenix family law attorney is able to draft a Divorce Decree that is tailored to the specific case and the parties individual needs.

A divorce attorney understands what is required to be included in the Decree and what special terms can be added to fit the parties circumstances.  The attorney, in drafting the Divorce Decree, is able to account for certain situations that the parties may have never considered and use specificity in an effort to avoid disagreements as to the interpretation of the Decree’s terms.  This can help to preserve an amicable relationship between the parties and avoid future litigation and expense.

For more information on Phoenix Consent Decree or uncontested divorce, contact Scott Law Offices.