CONTACT US:
623-748-3338

Posts Tagged ‘Glendale Divorce Attorney’

Understanding Contempt of Court After Divorce

Posted on: August 28th, 2013 by Scott Law

When the court grants a divorce in Arizona, it has the power to enforce all orders that are entered for the couple of the divorce. If one of the parties violates any part of the agreement without the court’s permission, then that party is said to be in contempt of the court and can have sanctions issued against them.  These sanctions can range from monetary orders to incarceration.

 

If your former spouse has violated the court’s decree, your Glendale Divorce Attorney can petition the Court to enforce the Court’s orders and hold the other party in contempt. The copy of the Petition is then served to your ex-spouse. Your attorney will work to clearly specify the violation committed by your former spouse. Your attorney will collect evidence to prove the allegation in court. The most common violations seen are in the areas of visitation, child support, child custody, and property distribution.

 

If your ex-partner is found responsible by the court, then he or she is usually ordered to comply with the orders of the Decree and may be required to pay for your attorneys fees and costs or have other sanctions assessed against them.  The violating spouse can avoid a jail term if he or she immediately complies or asks for a reasonable amount of time in order to do so.

 

Proving contempt of court after divorce is not easy.  If you are interested in more information on contempt and enforcement proceedings contact the Glendale Arizona Law Office of Scott Law Offices for your free consultation. 

Factors Considered By The Court While Granting Joint Custody In Arizona

Posted on: July 17th, 2013 by Scott Law

Like any other state, Arizona gives highest priority to the best interests of the child when granting custody to the parents. Before the parents file for joint custody in Arizona, there are certain aspects they must be familiar with so that the entire process is smooth. When granting joint custody, or joint legal decision making authority, the court takes into consideration several factors which are discussed below.

 

The court will first check if there is an agreement between the parents to  joint legal custody of the child. If the court finds that there is a disagreement, it then analyzes the basis for it. It checks whether the lack of agreement is reasonable or not. Further, it examines whether the reason for disagreement is in anyway related to the best interests of the child. The feasibility of the joint custody arrangement is also checked. The court will also examine whether the parents can communicate in an effective and cooperative manner when it comes to custody sharing.

 

Apart from this, the court also looks into factors that might endanger the child in any way. It is examines whether any of the parents has a history of drug and alcohol abuse,  violence or any criminal convictions. The court will consider a person’s history before granting or denying custody to a parent.  The court can look to the parent’s behavior as a whole and consider any counseling, classes, community service and therapy that the parent has participated in.  The court is entrusted with the very sensitive job of deciding whether a parent is fit to make legal decisions regarding their minor children and whether the parents are able to make these decisions together. 

 

When going through a Divorce or Custody case in the North Valley, it is important to have an experienced Glendale Divorce Attorney or Custody Attorney in Desert Ridge to assist you in working towards a custody arrangement in the best interests of your children.