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Posts Tagged ‘divorce settlement’

Collaborative Divorce – When Out of Court Settlement is Right

Posted on: September 9th, 2013 by Scott Law

Any divorce can end bitterly when the people involved build resentment and hatred towards each other. This only leads to stress, anxiety and numerous visits to the family court, where ultimately, the judge decides how you should share your property and even your kids. If this is something you want to avoid, a divorce settlement out of court is the best option.

When you are not sure what path you would like your divorce to take, ask yourself some questions. Do you want to go to court? Do you and your partner agree on how the property and debts should be divided and want to end the marriage amicably? Does the love that each of you have for your children motivate you and your ex-spouse to sit together in an attempt to decide how the children should be raised after the divorce, rather than let a judge decide?

A settlement of divorce out of court does not necessarily mean that you will not get a fair deal. In fact, out of court settlements give you the flexibility to compromise and make decisions that fit your children and the parents needs. Knowing that you have control over the final outcome of your case due to the settlement should greatly reduce any stress or anxiety you have experienced from the divorce. However, while divorce settlement is a very desirable option, it is important to understand the Arizona family law and your rights fully before making any decisions. An Anthem divorce lawyer, Phoenix divorce lawyer, Peoria divorce lawyer or lawyer in your area can assist you in reviewing the agreement you have reached, negotiating any outstanding items and drafting the necessary legal documents to finalize your divorce and protect your rights.

Divorce is not simple. It can be a frightening transition in your life, and a very stressful experience. Going to family court to fight against your partner is necessary in many cases, and can be the difference between having a future friendship with your ex-spouse or not. When parents have children together, those children will have many milestones in their lives that they would love to share with both parents without tension or worry. It places a great deal of stress on the child when they are forced to worry about how their parents will behave around eachother. An out of court settlement could be the difference between having a resentful relationship with your ex-spouse or one that is built on respect and healthy communication.

If you are interested in more information regarding divorce settlement, contact your Glendale divorce lawyers at Scott Law Offices to ensure you understand the law and are protecting your rights.

Divorce Mediation and Its Advantages

Posted on: May 30th, 2013 by Scott Law

Divorce mediation is a way of finding solutions to issues like spousal support and child support payments. The mediation occurs out of the courtroom where both parties and their divorce attorneys in Arizona meet the court-appointed third-party who acts as the mediator. The mediator is a neutral person who assists the parties involved in reaching a settlement. The divorcing couple gets an opportunity to sort out issues and come to an agreement on various issues. The mediator can only offer an opinion during the process and cannot force an agreement on the parties.

Advantages of  Divorce Mediation

A successful divorce mediation saves both time and money. Through mediation, a couple can sidestep the long divorce court process saving their time as well as the family court’s time and resources. The fees paid to the lawyer would also be relatively less. Since the mediator is a third-party who has absolutely nothing to gain from the outcome of mediation, it is fair to all. Also, the objectivity with which the mediator views the issues enables him/her to come up with solutions that the divorcing couple often cannot.

The entire mediation process is confidential. There would be no court reporter recording everything that is said during the process. Essentially there would be no “airing dirty laundry” in public as this is a settlement of divorce out of court. If the entire process goes smoothly, you would hopefully be able to maintain a cordial relationship with your former spouse after divorce. Mediation also helps reduce the tension often involved in court proceedings.

Scott Law Offices is committed to working with clients to negotiate the best possible resolution in every case and is prepared to litigate to protect the rights of our clients.  Contact our office for a free consultation.

Negotiating Divorce Settlement Agreements – Factors to Consider

Posted on: May 2nd, 2013 by Scott Law

Maintaining financial security is the top consideration for any person who is faced with a divorce. So, the aim must be negotiating a divorce settlement that will keep you financially viable throughout your life. Before you separate, you, your spouse, and your attorneys must get together and decide how to divide the marital assets.

Retirement plans

If retirement has been accumulated during the marriage by either spouse, the amount accumulated would need to be divided equitably.  This can often be done by agreement of the parties and in working with the plan administrator.  Sometimes, however, a specialist is required to accomplish the division of retirement and to draft the appropriate orders.   If retirement is going to be a major source of income for you, it must be taken into consideration during the divorce settlement.

Health insurance

If you have children and also have health insurance, the court would ask you to extend the coverage to them. If neither parent currently has access to health insurance, the parents need to determine what the cost of insurance would be in order to factor it into the child support payments.

Marital home

The court takes into account the kind of life the child is accustomed to and ensures that the lifestyle is maintained. So, the parent who gets the parenting time with the child most often may also be awarded the marital home as it plays a huge part in maintaining the pre-divorce lifestyle of the child.  In negotiating a divorce settlement, marital home must be addressed as well as any equity, negative equity and debts.

Child Care and Extracurriculars

The parents should consider how to divide child care costs and extracurricular activities for the child. These expenses may be factored into the child support payments.   They may also be agreed upon as expenses divided outside of child support.  The parents will determine what works best for them and utilize the resources of a Phoenix family law attorney to assist

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.