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Posts Tagged ‘Divorce’

Divorce is for Adults

Posted on: June 6th, 2017 by Scott Law

Marriage……People meet, fall in love, get married, have children and often grow together from young adults into full-fledged grown-ups.  Whether the marriage is short or spans several decades, divorce is not something that anyone enters into a marriage anticipating.  When a marriage reaches a point where divorce is inevitable, emotions run high and mistakes are commonly made.  Divorce is for adults, and it is important to remember that adults make mistakes too and it is okay.  Some common mistakes attorneys see and hope parties can avoid are:

 

Bad Behavior on Social Media and Text

 

Your Facebook, Instagram, Twitter, and other social media posts can be seen by your friends, family and oftentimes by others you are not even aware of.  So, before you post pictures of you and your friends out partying, remember that that the pictures could easily be screenshotted and provided as evidence in your case.  Any statements made on social media about the other party, your children, or anything relevant to your case can also be used.  If you want the court to take you seriously, to view you as a mature parent with good judgment, don’t post it.  If you do not want the court to know about it, don’t post it.  

 

Charge it!

 

I remember an episode from the Flintstones cartoon where Betty and Wilma go on a shopping spree racking up a huge credit card bill.  “Charge it!”  The two women were yelling.  This is definitely behavior to avoid.  Sometimes people think that they can create a huge debt just before the divorce is filed and cause the other party to have to pay.  What they don’t know is that the court can look at this behavior and the other party can allege waste and spending in contemplation of divorce.  It is highly possible that you will be stuck with all of those bills.  What is worse is that you are likely going to need the credit cards for divorce-related expenses like legal fees, moving expenses, and rent.  Be smart about your finances and utilize your accounts in a mature, adult way.  

 

Oops!

 

Mistakes are inevitable.  Adults are human and sometimes we do things we later wish we had not.  The problem arises when a party makes a mistake more than once.  A party who bad-mouths the other party over text will likely be admonished by their attorney.  They apologize and the matter is dealt with.  A party that fails to follow the advice of the attorney and continues to bad-mouth the other party over text, should not expect the same level of acceptance from their attorney or the court.  As an adult, when making a mistake, one should follow three simple rules:

  1. Own your mistake.
  2. Learn from your mistake.
  3. Move past your mistake.  

As an attorney, there is no better evidence in court than a party who is constantly repeating the same bad behavior.  A person who refuses to learn from their mistake shows instability and immaturity to the Court.  Remember, going through a divorce does not give you a free pass for making dumb mistakes.  The fact that you are going through a divorce gives you even more reason to be careful and on your best behavior.  Be the bigger person and go through your divorce as an adult.  

Custody Lawyer For Hire Glendale Divorce Lawyer Glendale

Posted on: October 18th, 2016 by Scott Law

When facing divorce or a familial dispute, having trusted legal representation on your side can assist in determining the options most applicable to your needs. A separation is a stressful and difficult time for all parties, particularly where kids are involved. With a custody lawyer for hire Glendale divorce lawyer Glendale offers the following tips to make the right hiring decision.

Child support, custodial matters, and visitation rights are all predominant matters when dealing with divorce. To ensure fair and important legal advice during this time, an experienced and skilled divorce lawyer must be contacted to advise on the most applicable solutions. Knowledge of trusted services can determine the professional who can best manage your case.

The first step to searching for lawyers is to understand what you require and the services they can provide. Look for legal representatives who specialize in cases of divorce and custody to ensure that you can rely on an experienced individual in the industry. Do not simply hire any attorney as a lack of expertise in the management of such matters could compromise learning about the options that are applicable to your needs.

Make an appointment to meet with the practitioner of interest and ask as many questions as necessary to determine whether the person is best to manage the case. A divorce lawyer should be sensitive to the nature of the legal requirements, but also provide objective and valuable information that will best support individual interests. Never feel pressured into making a hiring decision.

Consultation with family law practitioners must provide a sense of comfort and trust in the services that will be delivered. An experienced and reputable professional will address personal and legal concerns offering sound advice and recommendations. Should you feel confused or unsettled after the interview, it is best to move on to search for a more compatible person.

Examine the expenses involved when utilizing the services of a particular legal representative to learn about the most valuable and affordable options. Many lawyers will charge for their services on the hour; however many clients fail to include additional costs for the completion of paperwork, document submission, and court appearances. Receive clarity on these financial requirements before making a final choice and ensure you are able to afford the professional.

Always investigate the credentials of lawyers that you wish to handle the case matter including expertise in the particular area of divorce law. Family matters require a specific legal approach and careful knowledge of the court system to ensure that a fair result is produced. Certified and experienced professionals provide peace of mind that competent and reputable practitioners can depend on.

The assistance provided by experienced and professional divorce lawyers can provide clarity and important information on related case matters. Handling instances of visitation or custody requirements can prove stressful for all involved and relies on knowledgeable professionals in the field who will examine the circumstances and provide sound recommendations. Encountering the difficulties involved in a legal separation requires the assistance of experts in the industry.

Things To Do Before You File For Divorce

Posted on: August 1st, 2016 by Scott Law

Legal separation is a life changing decision affecting all parties involved and requires sound advice to best protect families. The process proves complex and requires an investigative approach into financial, familial, asset, and custody disputes to determine the most suitable paths for specific client needs. Learning of things to do before you file for divorce will help make informative choices for present and future needs.

Resources offered by a divorce lawyer include sound legal advice, support, court representation and dispute resolution to address client concerns and provide clarity on personal matters. Professionals are aware of the stress and emotional difficulties that most clients experience during this stage and aim to deliver sound advice during the proceedings. Defense services focus on addressing client needs while delivering valuable assistance and skills to settle casework.

Family and defense attorneys are familiar with custody battles and aware of sensitivity of rising conflicts between the parties involved. A multitude of issues can arise in custodial battles requiring the assistance of experienced and knowledgeable lawyers. Communication between clients is maintained with the purpose of developing strong and trusting relationships in support of individual rights and determining effective legal steps through the divorce process.

Hiring an experienced and licensed divorce lawyer is the first step towards handling legalities and gaining a better understanding of individual rights. Where children are involved, careful attention is paid to custody matters to preserve the integrity of your family. Defense lawyers can advise on criminal and misdemeanor cases offering a high level of expert advise to guide clients through the procedure.

Clients are advised on learning about the proceedings involved and covers matters of dispute including financial and asset distribution. An assessment of individual estates and debts provides additional information and options for legal separation with minimal complications. Take the time to examine the assets that you own and outstanding credit to facilitate the process and reduce conflict.

Visiting the law offices of professional and licensed attorneys will provide comprehensive defense and family solutions to protect client rights and prevent additional complications. Legal representation offers an investigation of specific case needs, completion and submission of important documentation to the courts. Clients unable to reach dispute resolution are provided assistance should the case appear before a judge.

Experienced defense lawyers understand the stressful situation that many clients experience during a separation and offer the skills and resources needed to resolve matters for future needs. A lawyer will take the time to fully explain the processes involved and advise clients on effective legalities that produce the best turnaround. The needs and interests of families are protected with a professional approach and breakdown of individual rights.

Divorcing a spouse is a difficult and complex time for families requiring effective legal aid and support services provided by certified lawyers. Reliance on the assistance of expert divorce lawyers can provide options for clients based on important case navigation and an assessment of finances, custody matters, assets and shared debts. Supportive resources and proceeding with individual requirements can determine the most effective approach to produce valuable results.

Discover How Divorce And Family Can Change The Way You Move Forward

Posted on: June 29th, 2016 by Scott Law

It is never easy when a marriage ends, especially if there were children involved. Whatever the reason for the separation, the breakup of your relationship can change your life and create unsettling feelings. However, you can get through this difficult time by learning to grow into a stronger person. In this article, find out how divorce and family can change the way you move forward.

Breakups can be painful as they represent the loss of a relationship as well as shared dreams. The divorcing couple will often feel as if they are entering unfamiliar territory upon separation. Everything gets disrupted, including their home, family, and responsibilities. A breakup brings uncertainty about where you are heading in life.

Recovering from a divorce is difficult and heart breaking, however, it is important to remind yourself that you can move on from this gradually. In times of emotional crisis, it is worth taking the opportunity to grow. Just because you feel empty in your heart, it does not mean this feeling will always remain. Emerge from this experience by getting to know yourself better.

To fully accept the separation and move on with your new life, try to understand where you both went wrong and acknowledge the part you played in this separation. Remember that the choices you make will affect your future so learning from your mistakes is essential in not repeating them. It is best to be honest with yourself in order to help the healing process. An amicable divorce is easier to cope with than a bitter one, especially when your children’s future is in jeopardy.

Try not to blame yourself for the mistakes that were made in the past. Looking back on the relationship is only going to keep you from moving on. It is worth seeking counseling in these difficult times as you will find that talking about your breakup may make you feel better.

Maintaining self-support and keeping up with healthy routines is essential in recovering from a bitter divorce. This is a stressful time and many healthy habits may get overlooked. Keep a diary of your thoughts and emotions as you adjust to being divorced. Most importantly, writing about your feelings helps you cope with your situation easier. Even if you are thinking twice about seeing a psychologist, keeping a journal is another alternative.

During this situation, taking the time to grow and move on becomes essential. Keeping a diary of your everyday thoughts can be done anytime you feel like writing, making it a perfect self-help therapy. If there were children involved in your breakup, try to speak with them whenever your ex-partner is present.

Divorced people are often hurt and wounded so their judgement can be clouded. When one of the partners is hurting, the other is tempted to do anything to remove their pain. The problem with this situation is that it only works in the short term, but it will not be the answer in the long term. Use your judgement to decide how to cope with the emotional pain, without jeopardizing the outcome of the situation.

What Is A Legal Separation?

Posted on: June 27th, 2016 by Scott Law

Married couples facing difficult relationship circumstances may wish to pursue separate living conditions without the permanence of divorce. Taking action against a partner requires the professional guidance, knowledge and skill of qualified attorneys who understand regularities and due process. The following factors can help you find the answer to the question of what is a legal separation?

Many families may encounter significant challenges in daily life that often end in divorce, but often spouses do not wish to cover the costs and finality of ending their marriage and seek alternatives with legal support. The legalities, attorneys fees and court applications are exorbitant apart from having to split assets or determine custody matters where children are involved. Couples who no longer wish to live together, but do not want a divorce, are advised on a legal separation guided by a licensed attorney.

Family law and defense attorneys are familiar with the sensitive nature of separation cases and are able to advise clients on applicable and supportive solutions. Leaving a long term partner can be an incredibly stressful and emotional time requiring professional assistance to uphold your rights. Certified services offer sound recommendations when looking to pursue separations according to legalities.

When pursuing a legal separation, it is important to consult with licensed and reputable attorneys in family and divorce law. A professional can assess circumstances and advise on a petition to the courts to recognize and distinguish the changes on living conditions. Legal representation offers the skill and experience to advise clients on the steps involved in a respectful and supportive manner.

Each spouse is required to sign the documents to register separate living with careful attention paid to custodial matters, maintenance, shared assets, and financial measures. The role of an attorney is to provide a breakdown of individual rights, negotiate legalities and present the case before a judge to be signed off and implemented. Experienced attorneys are available to manage disputes and advise on regulations that will best support the interests of clients.

Whether facing custody, divorce or related family matters, calling on a professional can assists in best representing your case. Experts can examine the merits of cases and determine applicable routes that ease the burden of having to separate from a marriage. A detailed explanation of the procedure is provided for all clients to best protect individual rights and awareness.

Legal representation can determine affordable solutions when managing cases and filing to the courts. All procedures are handled with the assistance of a professional attorney including the creation and submission of the relevant documentation and the collection of evidence. Options are provided for specific client needs and interests to determine which legalities should be followed.

A licensed attorney specializing in family law can advise clients on the process that must be followed when filing for separation without divorce. Experienced and skilled professionals in the industry must be consulted to determine what your rights are and which measures will prove best for the needs of your family. Representatives are equipped with the knowledge and resources to uphold core values and assist individuals for present and future requirements.

Some Of The Important Reasons To Do Your Research When Selecting A Divorce Lawyer In Glendale Arizona

Posted on: April 11th, 2016 by Scott Law

Couples who decide to end their marriages face legal obligations that vary in description and order of importance depending on the state in which they live. When you are facing the end to a marital union, you may be counseled on the important reasons to do your research when selecting a divorce lawyer in Glendale Arizona. The attorney that you select could determine the outcome of the case. The legal advocate you choose also may help you secure arrangements that might be critical to the future happiness and success of any children and you.

Most states require that attorneys who practice in this area of law be admitted to the bar and show a proficiency to argue before the court for their clients. If you are on the lookout for such counsel, you may be advised to determine if the attorney has state bar admittance. You can find out this information online or you can ask the counsel in person for proof of his or her admittance to the bar.

You likewise may find it handy to ensure that the individual practices in family law. Unlike other aspects of the legal profession, family law centers on mandates that are designed to encourage family peace, unity, and safety. An attorney in this sector will know these laws as they are written.

You also might want to check prior clients’ references to determine if the counsel knows what he or she is doing and if this individual has helped others before you. You may read reviews online. You also may consider asking the person for references that you can check yourself. Most lawyers will be happy to present clients with references when asked.

If you have minor children, you could wish to discover what advice the counsel will have about determining custody arrangements. You may want full custody or you might agree to shared custody, depending the circumstances. The person who choose to represent you in court can make the recommendation based on the family atmosphere and wishes of both parents.

It also could prove vital that you get a fair share of assets in the union. Most married couples accrue assets and property throughout their marriages. These assets include bank accounts, life insurance, stocks, real estate, and cash on hand. Other items include antiques, cars, boats, and other physical property.

By law, you may be entitled to half of the assets if you did not sign a prenuptial agreement. The lawyers on the case can determine who gets what and whether or not some possessions should be liquidated in the name of financial security or family peace. The judge also will have the final say and act on these arguments and advice of the attorneys in court.

These facts go into why you might do well to consider certain things before hiring a lawyer to represent you in court during a divorce. You want to get your fair share. You also want the best outcome for the kids and also your future.

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.

Understanding Family Law and Choosing Your Lawyer

Posted on: March 15th, 2013 by Scott Law

In the past, attorneys in the field of family law were called matrimonial or divorce lawyers. The primary focus was on marital relationships and nothing more. Most of the domestic cases were basically limited to setting spousal maintenance, dividing marital property, and establishing child support and custody. But over the last few decades, the scope of family law has changed drastically.

Family Law Today

A family law practitioner today must be knowledgeable about adoption, prenuptial agreements, interests of the child, child support responsibilities, parenting time and visitation rights, tax consequences etc. There is also Arizona family law that governs payment of family support obligations and domestic violence committed by parents. It is therefore not surprising that the field is now known as family law as it pertains to various aspects affecting families.

 Choosing a Family Law Practitioner

Prior to hiring an attorney for family law in Phoenix, you need to take time to interview the person thoroughly to be sure that your goals and working styles for the case are in alignment. Ensuring that the attorney you hire understands your goals and provides you with realistic expectations can be the key to a positive experience.

Another aspect that should be discussed beforehand is whether your Arizona family lawyers work on a retainer or flat rate. If they work on a retainer, you must discuss the attorney’s hourly rate and what happens when the retainer runs out.  A flat rate can make it simpler to financially plan for your family law case. Finally, keep the expectations from the family lawyer clear and understand what is expected from you as a client.

If you have family law questions contact Scott Law Offices today for your free consultation.

Arizona Changes Custody to Legal Decision-Making

Posted on: January 30th, 2013 by Scott Law

Child custody is often a very confusing and misunderstood area of family law for people facing a Phoenix custody or divorce case.  With the new year brings new changes to the laws on child custody in Arizona.  The first and most apparent change is that the term “child custody” has been replaced with the term “legal decision-making.”  A.R.S. §25-403 includes several other changes that may affect your Phoenix divorce or custody case.  The following are some examples of the changes made:

  1. The law eliminates any consideration of the wishes of the child’s parent or parents as to custody.
  2. The fact that one, both, or neither parent has provided primary care for the child is no longer considered.
  3. The factor that permits the court to consider the wishes of the child has been modified to only require the court to consider the child’s wishes if that child is of suitable age and maturity.
  4. The law adds a requirement that the court must consider the past, present and potential future relationship between the parent and child.
  5. Where the law previously required the court to consider which parent would be more likely to provide frequent, meaningful continuing contact with the other parent, the new law seems to divide these into three separate factors, instead of two.  So, the court will consider which parent is more likely to provide 1) frequent, 2) meaningful, and 3) continuing contact with the other parent.

The law also includes the following new provisions:

  1. The court may consider whether one parent intentionally misled the court to cause unnecessary delay, increase the cost of litigation or to persuade the court to give them parenting time or custody or to deny the other parent parenting time or custody.
  2. The court shall not consider either the parent or child’s gender when approving a parenting plan.
  3. The court shall consider the past, present and future abilities of the parents to cooperate in decision-making about the child as set forth in the orders for joint legal decision-making.

The foregoing are just some of the changes made to the Arizona laws on custody and legal decision-making.  If you have questions regarding a Phoenix, Glendale or Anthem divorce or child custody case contact Scott Law Offices for your free consultation.

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.