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.
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I've heard that Arizona is a "no-fault" state. What does that mean, and how does it apply to my own divorce in Scottsdale?
In Arizona, a "no-fault" divorce simply means that you don't have to prove that a spouse did something wrong in order to pursue a divorce. Instead, your divorce will probably be based on "irreconcilable differences" or the general breakdown of the marriage. An Arizona no-fault divorce may also apply if you have been separated from your spouse for 18 months or more.
In a no-fault divorce, decisions are made as though the reason for the divorce is irrelevant. It is important to note, however, that fault or wrongdoing may still be taken into consideration when decisions are made regarding spousal support or property division, especially if one spouse engaged in financial misconduct leading to the divorce. Fault could potentially impact other elements of the divorce, as well. For example, if you divorced your spouse because he or she was abusive, it could impact the court's decisions about parenting time and custody.
If you have any questions about no-fault divorce in Scottsdale, contact a friendly and experienced Scottsdale divorce attorney with Curry, Pearson & Wooten at 1-888-929-5292. You may also find it helpful to look over our FREE book, Arizona Family Law - How to Handle Tough Issues in Tough Times. We look forward to speaking with you.
I am getting divorced in Scottsdale. How can I prepare financially?
It can be tough to sort out your finances during and after a Scottsdale divorce. Here are a few tips from your experienced Scottsdale divorce lawyers:
- If you use a joint bank account, set up an individual account instead. You may also want to cancel or freeze any credit cards held jointly.
- Start building an emergency fund now. Divorce finances can be unpredictable; make sure you have a little stashed back in case something unexpected pops up.
- Avoid making a lot of large purchases or accruing additional debt. Although some expenses are unavoidable, try to hold off on purchasing high-cost items that could add to community debt.
- Consider your job. Will you need to change your hours or change your employment entirely? Start thinking about your employment needs now, dust off your resume, and put out a few feelers.
Although divorce may seem overwhelming, taking a few small steps to prepare can help you feel more in control and save you trouble later on. If you are planning to pursue a divorce in Phoenix, contact a skilled Phoenix family law attorney today at 1-888-929-5292 to schedule a completely free, no-pressure consultation. We would also be happy to send you a FREE copy of our helpful book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
I've heard that truck drivers can be charged with a DUI in Arizona even if they are under the "legal limit." Is that true?
It is true. Truck drivers and other commercial drivers are treated differently than a non-commercial driver when it comes to Tempe DUI charges. Although the legal limit is .08 for drivers in Arizona, anyone who has a commercial driver's license (CDL) is held to a legal limit of .04. This applies whether they are on the job or not.
Additionally, CDL holders who are convicted of a DUI offense face much stiffer penalties and risk losing their commercial license and job. Unfortunately, the lower limit means that some tests, such as the breathalyzer, can be even more inaccurate-even though the consequences are much greater.
If you are a truck driver or other commercial driver who has been pulled over for an on-the-job DUI in Tempe, speak with a skilled Tempe DUI lawyer today at 1-888-929-5292. We can discuss your commercial DUI case during a completely free, no-pressure legal consultation and talk about what to do next. For more information, you can also request a FREE copy of our helpful book, DUI's in Arizona - What You Must Know.
What happens if my spouse refuses to attend the required parent education classes during our divorce in Scottsdale?
If your spouse has refused to attend the required parent education classes for your Scottsdale divorce, the court cannot grant his or her requests. The only exception is if the court has already waived the need for the parent education classes, and that is very rare.
For example, if you are the spouse who is seeking divorce, you must attend the class before you can obtain the divorce decree. Since you requested the divorce, if the other parent does not attend, the divorce may still be granted. If the other parent later wants to modify orders or make other changes, though, he or she will first have to attend an Arizona parent education class.
Additionally, your spouse could be held in contempt of court or experience other consequences for refusing to attend the parent education class during your Arizona divorce.
If you have any questions about Scottsdale child custody, divorce, or other issues, talk to a friendly and experienced Phoenix family law attorney today at 1-888-929-5292. We also encourage you to take a look at our FREE book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
What is criminal discovery in Arizona and how does it relate to my Tempe DUI case?
In legal terms, "discovery" is the process by which your Tempe DUI lawyer will obtain information about your case. During discovery, information from the prosecution, the police, and your own lawyer is obtained and disclosed. This includes information such as, but not limited to:
- Police reports
- Recordings of 911 calls
- Laboratory tests, including your blood alcohol level or breathalyzer results
- Video tapes from the scene
- Witness statements
- Photographs of the scene
- Physical evidence
Additionally, your Tempe DUI attorney may ask certain experts to review the evidence in your case. Keep in mind that not all information is disclosed to you or to the prosecution. For example, statements between you and your Tempe DUI lawyer will not be shared with the prosecution.
The criminal discovery process in Arizona can be confusing and may take a long time. If you have any questions or concerns about the discovery procedure in a Tempe DUI case, contact an experienced Tempe criminal lawyer today at 1-888-929-5292.
My ex won't let me see my kids. Do I have to keep making child support payments in Scottsdale?
Despite the child support and custody agreements made during a Scottsdale divorce, some ex-spouses either refuse to follow the rules or let it "slip" over time. In Arizona, you must still make child support payments if your visitation is restricted or refused, even if this restriction violates the visitation agreement.
In a Scottsdale divorce, visitation issues are handled separately from child support payments. In fact, if you stop making child support payments in Arizona, you could end up in a lot of trouble. Don't make things worse. Contact an experienced Scottsdale divorce lawyer to pursue enforcement of the visitation agreement, instead.
As Phoenix family law attorneys, we see these kinds of cases almost every day. We want to help you make the best choices, avoid pitfalls, and figure out a visitation agreement that really works in practice. Give us a call today at 1-888-929-5292 to schedule a completely free, no-obligation consultation with a skilled Scottsdale divorce lawyer. We look forward to speaking with you!
If you'd like to know more about your rights and how a Phoenix divorce lawyer can help, request a FREE copy of our helpful book, Arizona Family Law: What You Must Know.
What is an ignition interlock device and how could it affect me after a Tempe DUI?
Arizona DUI laws are tough, and it's possible that an ignition interlock device (IID) will be ordered in your Tempe drunk driving case. About the size of a cell phone, the IID is a small device that connects to the ignition of your vehicle. You will need to blow into the device each time you want to start your car and possibly also randomly as you drive. You will need to pull over before you can safely perform a random breath test on the road. A first-time DUI offender can expect to be required to have an IID for one year.
These devices are expensive, costing around $1,000 over the course of the year.
If you fail a breath test with an IID, that failure is logged and could mean you'll end up with a license suspension and/or probation violation. If you're caught driving a vehicle without an IID during the required period, then you will be charged.
If you have any questions about your Arizona DUI offense, contact an experienced Tempe DUI lawyer today at 1-888-929-5292. Also, request a FREE copy of DUI's in Arizona - What You Must Know.
After a Scottsdale divorce, will I be able to go back to using my maiden name?
After an Arizona divorce, many women choose to change their names back to the ones they used before they got married. This is a common thing to do, and you generally won't encounter any problems when doing it.
In fact, the Arizona Revised Statutes, section 25-325, specifically explains that:
On request by a party at any time before the signing of the decree of dissolution or annulment by the court, the court shall order that the party's requested former name be restored.
So, if you'd like to go back to legally using your maiden name, you will need to submit a request to the court. You can do this at any time before the divorce is final. Most people choose to do this early on in the Scottsdale divorce process, usually along with the very first papers submitted to the court.
If you have any questions, big or small, about divorce in Arizona, contact one of our friendly and experienced Scottsdale divorce lawyers today at 1-888-929-5292. To learn more about us and what we do, you can request a completely FREE copy of our book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
Who needs to give consent in a Phoenix adoption?
Whether you are pursuing a Phoenix relative adoption or an Arizona adoption through an agency, certain parties must give consent before the adoption can proceed. While you should consult a Phoenix family law attorney for specific answers before pursuing an adoption, you should expect that you will need consent from the following individuals:
- The birth mother: Unless the court has otherwise terminated parental rights, the birth mother must consent to the adoption.
- The birth father: If the birth father was married to the birth mother, adopted the child, or otherwise established paternity, then he must give consent to the adoption.
- The child: If the child is over 12 years of age, then he or she also must consent to the adoption.
- A legal guardian: If the court has terminated parental rights, then consent must be given by the child's legal guardian.
Deciding to pursue an Arizona adoption is sometimes difficult, but many adoptive parents will agree that a successful adoption is worth the struggle. Let us help you when you decide to add to your family.
We are successful and experienced Phoenix adoption attorneys who can help answer your questions, prepare your documentation, and fight for your rights during Phoenix adoption proceedings. You can schedule a completely FREE consultation with us at 1-888-929-5292, and we also would like to offer you a FREE copy of our book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
What happens if I am picked up for a Tempe DUI, but I am under the age of 21?
An underage DUI in Tempe can have serious consequences. If you are convicted, you could face jail time, license suspension, fines, and even consequences on campus if you are a student.
If Your Blood Alcohol Content Is Under .08:
If your blood alcohol content is under .08 (the legal limit), you can still be charged with a DUI in Tempe if you are under the age of 21 at the time of arrest. There is a separate set of rules specifically for underage DUI offenses in Arizona, which means you could face a 2-year license suspension and misdemeanor charges. This can apply if there is any trace of alcohol in your body.
If Your Blood Alcohol Content Is Over .08:
If your blood alcohol content is over .08, you will be subject to all of the same penalties for a DUI in Tempe as a person who is over the age of 21. In fact, because it was an underage DUI offense, the judge may choose to punish you more harshly than a person with a similar offense who is over the age of 21.
If you have been arrested for driving drunk underage in Tempe, contact a friendly Tempe DUI lawyer right away at 1-888-929-5292. We will never charge you for your first consultation, and we also offer a free book to students: DUI's in Arizona - What You Must Know.