We know you have questions. We have your answers.
*These responses cover most but not every scenario. If you have additional questions or want to discuss your individual case, feel free to contact Curry, Pearson & Wooten P.L.C. We are here to help you.
- Page 6
What happens to my personal injury settlement in an Arizona divorce?
Although, in some ways, community property laws make some things a lot simpler, determining what is and is not community property can still be a complex and daunting process. And something like a personal injury settlement awarded during a marriage is an excellent example of how confusing this can become.
For the most part, how your personal injury settlement is classified in the divorce will depend on the types of damages you were awarded and how that money was handled afterwards. For example, damages for lost wages might be considered community property, but damages for pain and suffering might be considered separate property. Additionally, if you later used part of that settlement to pay off the mortgage or invest in an account you both own, that money may now be considered community or commingled property and divided in the divorce.
If you are concerned about commingled assets or need help separating assets in an Arizona divorce, seek the advice of a skilled professional. Call Curry, Pearson & Wooten today at 1-888-929-5292 to speak with a Phoenix divorce lawyer who can help. We’d be happy to meet with you in a completely free, no-pressure consultation to discuss your divorce concerns.
If you are interested in learning more about how a Phoenix family law attorney can help you and your loved ones, we invite you to take a look at our FREE book Arizona Family Law – How to Handle Tough Issues in Tough Times. Just give us a call or fill out our online contact form to request your copy today.
What’s the difference between community and separate property when you’re getting divorced in Arizona?
As a Phoenix divorce lawyer, I know how important it is to address dividing property during a divorce. If you’re getting divorced in Arizona, you’ve probably heard the terms “community” property or “separate” property thrown around. Arizona is what is known as a “community property” state, which essentially means that you and your spouse are each entitled to half of the income and assets accumulated during your marriage. Anything that was yours before the marriage generally remains yours if it was kept separate throughout the marriage.
- Community property includes income, real estate, vehicles, furnishings, etc. that you obtained during your marriage.
- Separate property includes any property that was inherited, you received as a gift, or that was yours before the marriage.
Although it should be straightforward, it can get complicated when money or items fall into a “gray area” between community and separate property. This is usually referred to as “commingling,” and a good example of this might be a bank account that was yours before the marriage, but now contains income earned during the marriage.
If you need help dividing property after a divorce in Phoenix, speak with an experienced Phoenix family law attorney with Curry, Pearson & Wooten today at 1-888-929-5292. We would be happy to meet with you in a complete FREE, no-pressure consultation to address your divorce concerns.
We are also offering a completely FREE copy of our helpful book Arizona Family Law – How to Handle Tough Issues in Tough Times, which you can request by giving us a call or using the online contact form on this page. Thanks for stopping by!
My son was arrested for selling morphine to an undercover cop in Mesa. What can we do?
If your son has been arrested for selling morphine to an undercover officer in Mesa, you should be aware that he is facing very serious charges. A conviction for narcotic sales is likely to mean a felony on his record, prison or jail time, large fines, drug counseling, and a potential 7 years of probation.
It’s hard to know what to do when a family member is arrested. One of the best steps you can take is to talk with a Mesa drug lawyer who is experienced with defending against narcotic sales charges. Every illegal drug case is different, and a lot will depend on the circumstances surrounding your son’s case, including his past criminal history, any charges in addition to the sales charge, if there were weapons involved, etc. An experienced attorney can talk you through each step of the process, review the evidence in the case, and work to build strong defense for your son.
Working with an attorney gives your son a chance for a better outcome, and it may be possible to have the penalties reduced or the charges dismissed. Don’t wait until it’s too late to get help. A Phoenix drug lawyer with Curry, Pearson & Wooten would be happy to speak with you in a completely free and confidential legal consultation to answer any questions. Just give us a call today at 1-888-929-5292, or use the online contact form on this page.
For more information about how a Maricopa County criminal defense lawyer can help after an arrest, request a free copy of our helpful book Arizona Criminal Law – What You Must Know.
What penalties will I face if I am convicted of transporting or importing marijuana in Arizona?
Without knowing the specifics of your case, this can be a very difficult question to answer. Arizona law has different mandatory sentencing guidelines depending on how much marijuana you were caught with, and there are many other factors that may also apply in your case. For specific information about what you might be facing with your marijuana conviction, it is crucial that you speak directly with a Phoenix marijuana lawyer.
However, if you are convicted of transporting marijuana in Arizona, you may be sentenced to some or all of the following:
- Prison or jail time
- Probation time
- Fines up to $150,000
- Drug rehabilitation programs (which you must pay for)
- Regular drug testing
- Community service hours
How you are sentenced will depend on your previous conviction history, how much marijuana you transported or attempted to transport, if there were weapons charges involved, and other potential complications. Drug offenses are treated very seriously in Arizona, and it is worth it to at least speak with a skilled Phoenix criminal defense attorney if you have been arrested for marijuana crimes.
Speak with an experienced Phoenix drug lawyer with Curry, Pearson & Wooten today at 1-888-929-5292 for help after a marijuana arrest in Phoenix or the surrounding areas. We would also like for you to have a copy of our FREE book Arizona Criminal Law – What You Must Know, which is an informative guide to what to expect after an arrest in Arizona.
Is alimony the same thing as child support in Phoenix?
These two terms are often confused, and many people believe that these payments are the same thing or are combined. However, alimony (called “spousal support” in Arizona) is different from child support, and the payments are decided separately during your Phoenix divorce.
What is Child Support?
Child support is a court-ordered, periodic payment from the non-custodial parent to the custodial parent for the purpose of supporting and raising the child or children. In some cases, child support may be ordered in shared custody.
What is Alimony?
Alimony, referred to as “spousal support” or “spousal maintenance” in Arizona, is a court-ordered, periodic payment from one spouse to another during and/or after a divorce. These payments are designed to help divorced spouses support themselves, especially if that spouse lacks job skills or has been out of the workforce during the marriage.
Many factors figure into who pays spousal support to whom, how much is paid, and for how long. If you need more specific information about spousal support, child support, or divorce in Arizona, speak with an experienced Phoenix divorce lawyer today at 1-888-929-5292. We’d be happy to schedule a completely free, no-obligation legal consultation to discuss your concerns.
For more information about divorce and other family legal issues, please request your FREE copy of our helpful book Arizona Family Law – How to Handle Tough Issues in Tough Times. Just give us a call or fill out the online contact form on this page. Thanks for stopping by!
My boyfriend has been arrested on drug charges in Phoenix. How am I supposed to pay for bail?
If your boyfriend has been arrested on drug charges in Phoenix, the first step is to determine if posting bail is an option or not. In some cases, bail cannot be posted or comes with some restrictions on how it can be paid.
If you are able to post bail for your loved one, you generally have the option of a cash deposit or a bail bond. The bail bond, handled through a bail bondsman, allows you to pay a percentage of the total bail. The company the bail bondsman works with will then work with the court to provide what is needed. When your boyfriend shows up to his court appearance, the company will be off the hook for the amount of the bail.
However, realize that the company is stuck paying the full amount of the bail if he fails to attend his court appearance. The bail bondsman or a bounty hunter/bail recovery agent can and will come after your boyfriend in this case and bring him in.
You should also be aware that there are a lot of shady or downright illegal bail agents out there. Be very careful when selecting a bail bondsman, and realize that it is illegal for a bail bondsman to solicit business in or around a jail or courthouse. If you need help finding a reputable and reliable bail agent, a Phoenix criminal attorney with Curry, Pearson & Wooten would be happy to refer you to someone.
Speak with our Phoenix criminal lawyers today at 1-888-929-5292 for more information, and consider also scheduling a free, no-pressure consultation to talk about the next steps after a drug arrest in Phoenix and how we can help.
My boyfriend was arrested for marijuana trafficking in Phoenix and is being held in jail. How do I handle bail?
As Phoenix drug offense lawyers, we receive many initial questions about bail and how to pay bail in Arizona. Essentially, within 24 hours your boyfriend will see a judge who will decide on the conditions for release or for bail. There may be certain conditions that restrict how bail can be posted or if it can be posted at all. You should be aware that this can often be a confusing and emotionally stressful process, and there are some shady people out there who might try to take advantage of your need for financial help.
The first thing you should know is that your Phoenix criminal lawyer is here and ready to help from the moment of a loved one’s arrest. We can be present for the initial appearance and work toward getting the bail amount reduced. And, in some cases, we can help you avoid paying bail altogether by getting your loved one released on his or her own recognizance or promise to appear.
Once bail has been set, we can also help you find a reputable, reliable bail bondsman, if needed.
Our Phoenix drug offense lawyers are here to protect your loved one’s rights after an arrest. We will skillfully handle every aspect of your case while keeping you informed. Speak with us today in a FREE legal consultation by calling 1-888-929-5292. For more information about who we are and how we can help, request a completely FREE copy of our helpful book Arizona Criminal Law – What You Must Know.
Who gets the house in an Arizona divorce?
In Arizona, marital property is supposed to be divided as equally as possible between the two spouses. When it comes to “real property,” like a house, there are several options available depending on your specific situation. If you have any questions about how Arizona property division might work in your case, speak with an experienced Scottsdale divorce lawyer about your circumstances.
Here are some examples of how “real property” like the family home may be divided:
- One spouse receives the house, and the other spouse receives other property of an approximately equal value.
- The spouse with custody of the children keeps the house until the youngest child reaches college age.
- The house is sold, and both spouses split the money it brings in.
Dividing property after an Arizona divorce – especially property like the family home – can be an extremely trying time. Speak with a caring Scottsdale divorce attorney for help navigating divorce proceedings, and make sure your interests are protected. Speak with us today at 1-888-929-5292 to schedule a free and confidential case evaluation.
For more information about how a Scottsdale family law attorney may be able to help you, request your free copy of our book Arizona Family Law – How to Handle Tough Issues in Tough Times. We hope this informative book will help you through this difficult time and help you prepare for the legal steps ahead of you. You can request your copy by filling the quick online contact form on this page, or simply giving us a call at our toll-free number.
Can I represent myself in court for a Glendale DUI?
As Glendale DUI lawyers, we understand the temptation to represent yourself in court after you have been pulled over for a DUI in Arizona. However, we've also seen many cases become complicated in those circumstances, and we know there is a very good chance that the penalties and punishments that are suffered for so many DUI convictions could have been avoided with the help of an expert.
You certainly have the right to represent yourself in court after a DUI arrest. And, in some fairly straightforward DUI cases, you might even do just fine without a Glendale DUI lawyer at your side. However, Glendale DUI cases can become very complicated at times. Some of the complications you could run into during a drunk driving trial include:
- Wreck related to the DUI
- Injuries resulting from the DUI
- Existing medical conditions
- Severe weather
- Previous convictions
- Drug charges
- Driving on a suspended license
- Weapons charges
In situations like these, it is very important that you have an expert on your side who understands the DUI laws in Arizona, is familiar with the courts in your area, and can obtain the evidence needed to help you get the best possible outcome in your case.
A DUI conviction – especially a felony DUI conviction – can haunt you for the rest of your life. Speak with a skilled Glendale DUI lawyer today at 1-888-929-5292. We’d be happy to meet with you in a completely free, no-obligation consultation to talk about the circumstances that affect your DUI case and how we can help. For more information about who we are and what we do, request your complimentary copy of our book DUIs in Arizona – What You Must Know, which we offer FREE to Arizona residents.
I was arrested for a DUI in Tempe last weekend after I’d had just one drink. How is that possible?
As Tempe DUI lawyers, we can tell you that it comes as a surprise to many people that you can be arrested for a DUI in Tempe after just a drink or two. Even if you do not feel drunk or impaired, your blood alcohol content could be over the legal limit of .08 (or .04 for commercial drivers). And, even if you’re not over the legal limit, your ability to drive could be impaired.
How Can I Be “Drunk” After One Drink?
How alcohol affects you depends on many different factors. If you do not drink very often, have a low body weight, haven’t eaten recently, suffer from certain medical conditions, or take any over-the-counter or prescription medications, then one drink may be enough to impair your vision, hearing, coordination, and judgment on the road. Sometimes, too, drinks have been mixed very strong or the alcohol content is higher than you expect, which can mean that your blood alcohol content is higher than you might assume.
What Can I Do if I’ve Been Arrested for a Tempe DUI After One Drink?
If you were arrested for drunk driving in Tempe and don’t believe you were over the legal limit, speak with an experienced Tempe DUI lawyer as soon as possible about your case. Field sobriety tests and breathalyzers can be notoriously inaccurate or misread, and you will need the help of an expert to find out what went wrong in your situation. Give us a call today at 1-888-929-5292 for a free case evaluation. We would also like to send you a copy of our complimentary book DUIs in Arizona – What You Must Know.