There are a number of different methods for pursuing an Arizona divorce. Which one you choose will depend on your goals and the dynamics of your marriage. Below is an overview of the four most common methods for pursuing a divorce.
]]> Do-it-Yourself DivorceA do-it-yourself divorce may seem like the cheapest option, but it can actually prove to be very expensive in the long term. The costs of correcting mistakes are often significantly more expensive than hiring a lawyer to do things correctly the first time.
The only time a do-it-yourself divorce should even be considered is in cases where the couple has been married for a short amount of time, shares few or no assets or debts and has not had children. Even then, it is not recommended, given the often unexpected complexities of the divorce process.
Mediation
Mediation is designed to help divorcing couples come to an amicable solution. Both parties work together with a neutral mediator whose job is to help the couple reach an agreement with regard to property division, alimony, child custody and child support.
Mediation can reduce the stress and expense of divorce for couples who can agree on shared goals. Both parties should still retain their own individual attorneys to ensure that the process is conducted fairly.
Collaborative Divorce
In a collaborative divorce, the couple agrees to try and reach a settlement without going to court. Both parties hire their own attorneys, who represent their clients in a process that is intended to be less adversarial than traditional divorce litigation.
Collaborative divorce is a good choice for couples who have different individual needs but are still able to work together effectively.
Litigation
Litigation involves filing a formal divorce lawsuit, although the case may be settled out of court. In divorce litigation, each party hires their own attorney, who is responsible for gathering and asserting evidence in favor of the client's position.
Litigation is the best choice for adversarial divorces and in cases of abuse or hidden assets.
These options can be overwhelming. If you are contemplating divorce, contact an experienced family law attorney to discuss the best options for your situation.
]]>The more complex the marriage, the more complex the divorce process. The more issues that a couple has to fight over, generally the more complex the divorce. This type of divorce can be resolved in mediation. However, many times it turns ugly and requires the use of a divorce team. This team may include psychologists or psychiatrists, business or real property appraisers, private investigators, real estate agents, CPAs, estate planning attorneys, corporate attorneys, tax attorneys, and of course the divorce lawyer. For more information about this or other divorce topics, call one of the divorce lawyers at LASITER & JACKSON, PLLC at (602) 234-5900 or click on the Firm's web site at www.lasiterlaw.com.
]]>Advice to women who want to establish some financial security before they leave: If you are facing physical abuse or domestic violence of any kind and are in danger, do not wait to take action. Contact a family law attorney for help with a restraining/protective order immediately. After you are physically safe, then steps can be taken to obtain financial support and divide marital assets. Other steps to take include:
Create a way that you can communicate with people privately
Open a bank account in your own name Keep copies of important paperwork in a safe place outside your house Get a credit card Get a pre-paid debit card: Remove your name from joint accounts Change your PIN numbers, on-line identification numbers and passwords.
If you are not in immediate danger, consider the timing of each of these actions. Some will be more noticeable than others. An advocate at a local domestic abuse shelter can advise you and help you with these and other steps to freedom.
If you need the assistance of an attorney, please contact Phoenix-area divorce attorneys Lasiter & Jackson, PLLC.
Source: Huffington Post, "Seven Steps to Protect Your Assets When Leaving an Abusive Marriage," by Jeffrey A. Landers, divorce financial strategist, October 31, 2011.
]]>While some amount of stress is a necessary part of everyday life, Clinton said its crucial that everyone involved understand the long-term affect of toxic stress associated with intense, frequent, unresolved fighting. "It's the conflict that's the issue," she said. "It's not divorce that's the issue, it's all the inter-parental stuff that happens before that."
In its simplest terms, high stress triggers the emotional reaction center of the brain and the "fight or flight" mode that boosts heart rate, adrenalin and releases cortisol. One of the brain areas most sensitive to high cortisol is the hippocampus, which plays a critical role in new learning and memory. So being in a perpetual state of high alert diverts energy and interferes with activity in that learning center. "When the cortisol is up and stays up, new learning cannot happen," said Clinton. She noted research has found that academic problems in children may precede their parents' divorce by four to 12 years.
In infants, stress may play out in other ways. They may be difficult to soothe and become more irritable with any change of environment, because their systems have not learned to make adjustments.
Adolescents under prolonged stress may act out with aggression, impulsiveness or risky behavior. The prefrontal cortex, which regulates judgment, impulse control, planning and decision-making, is the slowest part of the brain to develop and continues evolving until the mid-20s. So the key is keeping the "emotional brain" calm so that it doesn't dominate. In situations of high conflict, teens may be in perpetual state of stress that prompts triggers the emotional brain to take over, leading to bad decisions and volatile behavior.
If you have a high conflict child custody situation, contact Phoenix Attorneys, Lasiter & Jackson for assistance.
Originally published, in part, by Parentcentral.ca, April 19, 2012, by Andrea Gordon.
]]>Unfortunately, this swell of emotions can lead people to make bad decisions, especially when it comes to complex topics like property division and spousal support.
Most Phoenix divorce attorneys advise their clients to approach the financial aspects of a divorce from a logical, instead of an emotional, standpoint. This is often easier said than done. But, individuals can help themselves prepare for a successful divorce by getting properly organized early in the process.
]]> Experts recommend that individuals take the following steps at the outset of a divorce:These steps can help you gain control over your life following a divorce. In addition, they will help your divorce team to work more efficiently on your case.
Although the divorce process may only last a few months, the results will stick with you for the rest of your life. Getting organized can help you ensure that you experience the best possible outcome.
]]>Among the details that parents may want negotiate are what religion the children will practice and what denomination they will attend. Parents may also want to spell out who will pay for the bar and bat mitzvahs or first communions, and determine how many guests each parent will be allowed to invite.
Other topics that couples are building into custody and visitation agreements are private school and college goals, discipline and even healthcare provisions. Furthermore, agreements sometimes specify whether children will have pets, and what kind, and whether the pets will follow the children to the other parent's home on visits.
Finally, if disputes do arise, many agreements require the parents to meet and confer about how to resolve them and to use alternative dispute resolution services such as mediation and arbitration before going back to court for relief.
By specifying so many details in their parenting plans/agreements, parents hope to add certainty to their children's childhood and avoid conflict in the future.
If you are currently involved in a child custody dispute or would like more information on drafting a custody agreement, you should strongly consider speaking with an experienced legal professional.
]]>According to a Gottman Institute study, couples typically wait an average of 6 years in an unhappy marriage before seeking help or a divorce. Deciding whether to leave a committed relationship can be a sad and complex process.
In a study of divorcing couples published last year, the results showed that about 30% of individuals who were divorcing said they would seriously consider a reconciliation service if it was offered by the court. Additional research that matched spouses' responses found that in about 10% of couples, both partners were open to reconciliation. Estimates show that in 30% of couples who seek marriage counseling, one person is what counselors call "leaning out," or wanting to go, while the other is "leaning in," or wanting to stay.
There are many reasons why people stay in a miserable marriage. They hope things will get better or stay for the kids. They are scared of what comes next. They think there will be a specific moment when they will know that they should leave. Most therapists say there isn't. Very often, a spouse doesn't speak up for fear of hurting the other person. Men are particularly bad about this, psychologists say. They typically have a tougher time expressing emotions and don't like to feel they are letting their wives down. They may immerse themselves in work or other activity and become distant.
Many people looking to get out of a marriage behave badly. They check out emotionally. Have affairs. Wake up one day and just walk out. These behaviors hurt their spouses even more. A great source of pain for a person who is the leave-ee is that they didn't have an opportunity to respond and work on things with their spouse.
Time to End the Relationship? If so, how do you break the news in a way that does the least emotional damage? Marriage therapists offer advice:
Not spending enough time with the kids: Courts tend to award primary custody to the parent who plays the most significant role in their children's day-to-day lives. Parents who don't take an active role in their children's home lives, education and extracurricular activities will usually be at a disadvantage during a child custody dispute.
Glossing over "parental fitness" issues: Even casual use of alcohol or drugs can have a negative impact on a parent's custody battle. Parents with a history of substance abuse will likely face significant investigation, especially if they have not successfully completed treatment. The same goes for parents who have a history of domestic abuse, violence or other criminal acts.
]]> Leaving a paper trail: Parents should assume that every email, text, voicemail and social media message they send will be permanently available and eventually submitted to the court. Too many lose custody because of impulsive messages they have sent to a third party.Disparaging the ex: Courts want to see that both parents are able to cooperate in the child's best interest. If one parent is unreasonably negative toward the other, the court may worry that the parent will attempt to interfere with the custody arrangement or deny the other parent access to the children.
Not displaying self control: Divorce is stressful. Far too many parents, though, hurt their cases by making an angry outburst in front of a social worker, teacher, neighbor or their ex's attorney. Some even lose their temper in open court. Evidence of angry outbursts is almost sure to damage a parent's case.
Before embarking on a child custody battle, parents would be wise to consult with an experienced family law attorney and, more importantly, to follow that attorney's advice. Most lawyers have navigated enough custody cases that they are able to quickly spot trouble areas and help clients minimize negative impacts.
]]>Arizona Senate Bill 1492 addressing the Father's rights issue passed the Arizona Senate on March 8, 2012 and is now being considered by the House of Representatives. It could take months for this law to pass - if it manages to do so at all. Until then, please contact Lasiter & Jackson at (602) 234-5900 to determine how to establish your parental right and custody rights.
]]>Financial planners note that this is significant problem, driven by the number of forms that now contain beneficiary designations and the difficulty most people have in remembering who has been designated on what documents.
The designations do serve useful purposes, as they can insure a particular asset passes directly to an intended person. When properly implemented, they help avoid probate for certain assets and have positive tax planning consequences. Unfortunately, what may have been an ideal plan in 1982 may make little sense in 2012, and could result in an outcome that is unexpected.
]]> Grandchildren-Related IssuesIf your children pre-decease you, some of your grandchildren may be excluded from distributions.
Because the distribution upon your death is made only to your living children at that time, any grandchildren of a pre-deceased child would be excluded from the distribution. This can lead to unplanned and unpleasant family situations, and can be avoided by carefully designing the gifts to ensure that distributions account for all of the potential, intended heirs.
Arizona's Revocation Statute
Also of concern to Arizona residents is the "Revocation by Divorce" statute which will automatically remove a divorced spouse from some financial documents, like life insurance policies upon divorce. During your divorce, you should discuss this with your attorney and review all potential financial documents that may be affected by the operation of this statute.
The statute won't add new beneficiaries, so even if it prevents your ex-spouse from receiving the proceeds of an insurance policy, your future planning may still be severely disrupted by unplanned assets dropping into your estate.
Whether your estate plan is minimal or comprehensive, chances are that changes must be made to it following a divorce.
]]>•· Bank account information
•· Mortgage statements
•· Credit card bills
•· Wills and trusts
•· Other estate planning documents, like powers of attorney and advanced healthcare directives
•· Credit reports
While you're thinking about finances, consider the upcoming tax season. April may seem far away but it's never too early to start thinking about the interplay of divorce and tax issues. You may not want to file a joint 2011 return with your spouse if you plan to separate during 2012.
Take special care if you suspect any financial wrongdoing by your spouse; there are IRS rules to protect innocent spouses, but your best bet is usually to file separately. A divorce lawyer and tax accountant can both help you determine the best way to handle taxes related to an upcoming divorce.
It's hard to save money during the holiday season with extra expenses like gifts, travel and social obligations, but try to secure some money that your spouse can't access. In the aftermath of the financial crisis, it's harder than it used to be establish credit, especially if your spouse has been the primary breadwinner during your marriage. Give yourself plenty of time to ensure that you are on steady footing for a financially sound life after divorce.
With a little advanced planning, you can spend less time this New Year worrying about your divorce and more time enjoying family traditions and looking forward to building new ones.
]]>Nearly 50 percent of American marriages end in divorce. Statistics show that half of all American children will witness the break-up of their parents' relationship. Divorce means change for a child. Uncertainties arise as parents divvy up the house, the car and even their legal rights to their children. Changes in lifestyle and witnessing parental squabbles can place undue stress on a youngster, because the family unit, which defined him or her, is now disappearing
]]> Parents must first understand that their actions - conscious and unconscious - can harm their child. Attending co-parenting classes or exploring different divorce methods, such as mediation and collaborative divorce, may help estranged spouses agree to co-parent more responsibly. Any future contacts should be consistent, conciliatory and child-focused.Some of the first steps that parents should take include sitting down and talking to their child about the divorce process. Eliminate discussions about fault, worries about finances, and parental insecurities. Anxieties can be reduced when children understand the process and things are explained clearly and honestly.
Helping your child does not have to be a lonely process. In many cases, counselors, divorce support groups and even clergy can help you address some of your child's fears and concerns about the impact of divorce on their lives.
Children are resilient when it comes to physical injuries, but divorce can create lasting psychological issues. Often, children feel they are at fault or have failed to keep their family intact. Parents should be vigilant in monitoring any changes in their child's moods, grades and habits, and reassure their child or children that divorce is about adult relationships and that the child is not in any way the cause.
Divorce does not change everything in a person's life. Divorcing parents can spare their child's mental and physical health from being the casualty of the parents' failing relationship. Honesty, clarity and consistency are just some of the ways parents can help their children grow into well-adjusted adults.
]]>When parents divorce, their Divorce Decrees usually contain specific visitation provisions which spell out when each parent has the children during the holidays. Some parents insist on strict adherence to this schedule, while others are flexible and "go with the flow." The following suggestions may help divorced parents with regard to holiday planning:
]]> A difficult concept for people soon to be divorced or people who do not have physical custody of their child or children is when special occasions and holidays come around. When working with Lasiter & Jackson, we can help you work through this by creating a holiday parenting time agreement with the opposing party that benefits the child and allows you to spend quality time with your child or children.When a parenting time or visitation plan is developed, it usually contain specific visitation provisions related to holidays. Some parents insist on strict adherence to this schedule, while others are flexible and "go with the flow." The following suggestions may help parents with regard to holiday planning:
Plan your holiday times well ahead. If you haven't made plans yet, do it now!
Be flexible if it really doesn't harm your own holiday plans and if the kids voice a desire to visit with both sides of the family. If the parents can co-parent cooperatively, they may be able to give their children the best gift of all -- spending time with each parent.
Consider your hopes for this holiday season -- the times with the children, the times without the children. Have several versions, all acceptable to you. Be very specific when making plans. Which parent will have the children, which day? For how long? Who will do the transporting?
Present these alternatives to the other parent. (If you don't communicate well in person or on the telephone, use the mail or email.) Give the other parent time to think about your proposals and to respond.
If you talk in person or by phone, follow up your understanding of the conversation with a brief and informal note of confirmation. When emotions tangle with practical matters such as dates, plans, expenses and responsibilities, written confirmation is essential.
Be careful and cautious if considering having Mom, Dad and the kids all under one roof just like old times for Christmas, as this often sends the wrong message to the kids. Pretending that you are reunited again for the children often becomes too painful for the adults and inappropriate for children, who harbor hopes for a reconciliation (which most children do).
If your children are old enough to participate in the planning stages, make them part of your discussions and give them a voice in the decision about holiday visitation. However, the final responsibility for holiday decisions should remain with the adults, as expecting children to make heavy decisions does not produce happy holidays.
Communication is Key
Being able to communicate effectively with a soon-to-be ex-spouse is critical to settling a divorce outside of the courtroom. When issues come up that block progress in negotiation, it is important for each spouse to be able to try to keep the conversation going by agreeing to table the contentious matter until a later date, when both parties have had some time to think things over. Communication skills are important in such a situation, as each person needs to be willing to reach out to the other in a civil manner and set aside potentially heated issues.
]]> Negotiate Face-to-FaceOne of the best ways to make sure that each person is communicating effectively is to do so in person. Electronic communications such as e-mails and text messages can convey tone or emotions that the sender did not mean to project. Discussions on the phone can also be problematic, as people cannot see one another's facial expressions and body language. It is best to agree to hold all discussions regarding the divorce in person to prevent misunderstandings.
Ultimatums
At times, one person may get frustrated with the course of the discussion and issue an ultimatum. A good way to deal with that is to behave is if it did not happen and continue to negotiate as before. Doing so allows the other party to save face and continue on with the negotiations.
Pressure Tactics
If one spouse is pressuring another on an issue, such as deciding a matter by a certain date or giving an estimate of how much the party wants in the property settlement, the best way for the spouse to deal with that is to simply reply that he or she needs more time to think about it.
An Attorney Can Help
Even if spouses are settling divorce out of court, it remains important to consult an attorney. An attorney can help evaluate property settlement offers, draft custody agreements and file the appropriate paperwork for the court to approve any agreements at which the couple arrives.
If you are considering going through a divorce and do not want a protracted court battle, consult a lawyer who can discuss your situation with you and advise you of your options.
]]>Though an experienced family law attorney can best aid you in collecting child support, it is valuable to keep these few tips in mind:
]]>Try to be cordial with the other parent. This will make resolving future disputes easier.
The expensive nature of child-rearing necessitates that child support orders are followed. Remedies are available to facilitate collection of the support your children deserve. In Arizona, the suspension of professional, occupation, recreational and driver's licenses may be ordered for any person who has not paid child support for at least two months and willfully fails to pay after notice and hearing. Parents who fail to pay child support in Arizona may also be held in contempt and ordered to serve jail time until they pay a cash bond that covers past due child support.
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