Phoenix, AZ Family Law Blog

If you are divorcing and minor children are in the picture, it is critical to be prepared for all the legal decisions you will soon need to make concerning them. Divorce is not generally straightforward when minor children are involved, simply because a multitude of considerations must be contemplated.

First, there is the issue of child custody. If both parents are going to remain in the child’s life, you may opt for joint physical and legal custody. However, there may be compelling reasons to seek primary or sole custody in either of these categories. In addition, if both parents will be active in the child’s life, you will likely be required to draft a parenting plan and determine what visitation or parenting time arrangements work best for you and your newly reorganized family.

In child custody litigation in Arizona Child Custody and Visitation Alcohol and Drug Abuse, many believe that if they possess a card permitting them to use marijuana for medicinal purposes, this will not compromise their child custody case. After all, it is legal and medically necessary right? Not so fast.

Although the legislature made medical marijuana legal here in Arizona, some judges still regard it as before - not acceptable to use when raising children or while the children are in a parents care. How will you know how your judge feels about medical marijuana use? How will you know what possible repercussions you could experience if it is discovered you use medical marijuana and you are engaged in a custody dispute? Contact an attorney at Lasiter & Jackson, PLLC to discuss your case. Our attorneys are experienced in litigating cases regarding this issue. At risk could be a loss of physical custody of your children, supervised parenting time and ongoing random drug tests beginning at 5:00 p.m. the after your first hearing - without prior notice. Sometimes one test positive for marijuana will drastically change your custody and parenting time. It is not worth the risk.

Co-parenting can be a challenging process. However, if you and your child's other parent have shared custody or substantial visitation arrangements, you will both be required to work together frequently in the child's best interest. This task can become even more complicated when the additional family players otherwise known as step parents comprise part of the parenting picture.

Your child's step parent may be kind or nasty, cooperative or destructive, condescending or bashful. However, unless that individual is abusive or otherwise behaves in a way that you must shield your child from interacting with him or her, communicating effectively with your child's step parent will be critical to investing in your child's best interests.

Couples choose to end their relationships for a variety of reasons. One common reason that American romantic relationships end is that high-conflict individuals tend to either break off relationships or inspire their partners to do so. After all, it can be truly difficult to enjoy life when your partner is consistently itching for a fight. Fortunately, an individual who does not crave conflict can choose to leave a partner who does. Unfortunately, splitting up does not always mean that you can leave your high-conflict partner behind.

In partnerships involving children, breaking up does not always ensure that the conflicts will end. When your complex custody situation involves a high-conflict co-parent, the stresses of your former partnership can begin to define your life as a single individual as well. Fortunately, you do have options to consider if you find yourself in this kind of situation.

When you are navigating a divorce or grappling with a child custody, child support or domestic violence issue, it is normal to struggle with feelings of worry. However, it is advisable to deal with your urge to worry in a constructive way. Failure to do so can lead you to act in ways that may negatively impact the outcome of your divorce, custody or other family law matter. While worry is an understandable reaction to family-related stress, it will likely do you very little good to indulge it.

Famed author Lucy Maud Montgomery once said that "It only seems as if you're doing something when you worry." Worry takes a great deal of energy and focus. Unfortunately, it is only one's active response to worry that is constructive. Worry alone is almost never an answer to concern or problems in and of itself.

Unexpected and largely unwelcome life events can be costly. Certainly, individuals can learn valuable lessons that eventually enhance their lives when they become ill, suffer injury, lose a job or choose to divorce. However, these events are almost always stressful and financially costly in their immediate aftermath. There are not always clear ways to remain financially stable during illness, injury or job loss. However, individuals can take steps to remain financially stable during and in the wake of divorce.

First and most importantly, it is critical to think past the moment and into the future when making divorce-related financial decisions. For example, it may be more cost effective in the immediate to avoid retaining experienced legal counsel and largely completing divorce paperwork by yourself.

As a general rule, property division in an Arizona divorce or legal separation, awards each party their 1/2 share of the community property, subject to certain exceptions, and each party is awarded their respective separate property.

Property acquired during marriage is presumed to be community property. Property Division  Separate property is typically defined as property obtained prior to marriage or obtained during marriage via gift or inheritance. While separate property remains the sole and separate property of a spouse, there is Arizona case law which permits the community to gain an equitable lien in the separate property of the other spouse. In some cases, a payout for the community value of the equity in the separate asset will be paid.

A typical instance in which the community may gain an equitable lien in the separate property of a spouse is when one spouse mixes community time and labor with their separate funds. For example, you may have one spouse whose primary business during marriage is to take his sole and separate funds and engage in hard money lending. He spends all of his working day engaged in this activity. Under this scenario, the community has an equitable lien in the profits and business because of the community labor that was involved. "Arizona courts have long agreed that the results of a spouse's labor are community property." Rueschenberg v. Rueschenberg, 219 Ariz. 249, 252, 196 P.2d 852, 855 (2008). The Court in Rueschenberg went on to say, "[W]here either spouse is engaged in a business whose capital is the separate property of such spouse, the profits of the business are either community or separate in accordance with whether they are the result of the individual toil and application of the spouse, or the inherent qualities of the business itself." Id. at 257, 860. Other examples include when a husband may own a house at the time of the marriage, but the couple may share responsibility for mortgage payments and home upkeep, using a joint checking account or other co-owned funds. Or a wife may own investments which the couple adds to during the marriage using "community funds," or in other words, jointly-owned financial assets.

Why is mediation a good idea? 

Being faced with divorce, legal separation and child custody disputes can be overwhelming. There are numerous issues to consider including finances, homes, retirement, debts, family support, parenting time and child support. These issues can cause good people to become nasty adversaries.

A popular saying amongst lawyers and judges is that in criminal law we see the worst people on their best behavior and in family law we see the best people on their worst behavior.

Because of this, mediation can be a good alternative. When a marriage or family is breaking apart, it is rarely helpful to add the adversarial nature of the Court into the mix. This is especially true when dealing with children.

Mediation gives people the opportunity to take charge of their own situation and make their own decisions. With the guidance of a qualified mediator, agreements can be reached that leave both parties satisfied and can accomplish an on-going working relationship that will allow them to both continue to be great parents.

Couples can work together with a professional mediator to resolve all of the issues involved in their family court case. Our mediators make sure that both parties make fully informed decisions about their children, assets (such as real estate, investment accounts, and retirement benefits), their debts, family support, etc. By mediating, couples do not surrender control to attorneys or a judge. Our mediators provide the legal, financial, parenting, and other information needed to make fully informed decisions - and divorcing couples decide what is best for them based on their particular relationship, needs, and standards. Mediation takes place in a safe, collaborative environment, and is significantly less stressful than adversarial, win-lose court-based proceedings.

At Lasiter & Jackson, PLLC, our mediators' expertise comes more than 30years of combined legal experience along with being trained mediators. We ensure that you understand all of the legal, financial, parenting, and other issues involved in your situation. We can also help you to effectively communicate and negotiate, explore alternative ways of resolving disagreements, and deal with the anger, sadness and other emotions common to separation and divorce. After a couple has decided everything, our mediators are able to prepare a comprehensive and legally binding settlement agreement.

Mediation is very inexpensive alternative when compared with using two separate lawyers, who require retainers of no less than $3,500.00 from each spouse. Many divorces can wind up costing divorcing couples $27,000 or more in combined fees. By mediating, couples can save money, time and energy. If you are interested in mediation a family law dispute, please contact Phoenix-area attorneys Lasiter & Jackson, PLLC.