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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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.
I’m not sure how to approach my ex-husband about parenting our kids. How do people manage to co-parent after a divorce in Phoenix?
Figuring out how to co-parent with your ex-spouse is one of the most challenging parts of life after the divorce. And what works for some parents may not work for you. One of the best ways to start thinking about co-parenting is to first consider the type of relationship you maintain with your ex-husband. Would you say that your relationship is:
- Something in between?
Once you’ve figured out what kind of parenting relationship you can reasonably expect to have with your ex-husband, speak with your ex and/or your Phoenix divorce lawyer to set down guidelines accordingly. For example, if you have a hostile relationship with your ex-husband, you may want to create a structured parenting plan that you both can agree on through your lawyer. If you have a fairly friendly relationship, you may be able to leave the details flexible and negotiate in person when concerns come up.
For more information about divorce, visitation, or child custody in Phoenix, speak with an experienced Phoenix divorce attorney today at 1-888-929-5292. We would be happy to meet with you in a free and confidential legal consultation to discuss your circumstances and how we can help.
We would also like to offer you a completely FREE resource to help you and your family during the transition. Request your complimentary copy of Arizona Family Law – How to Handle Tough Issues in Tough Times today!
I am getting divorced in Arizona, and Im concerned about my husbands nasty Facebook posts about me. Can I use those posts as evidence in my divorce case?
It depends. As Chandler divorce lawyers, we’ve seen a steep increase in Facebook and other social media being used as evidence in our family law cases, especially in cases related to Arizona child custody. In fact, we tell our clients to treat any social media or email communication as though it could wind up in court – and to act accordingly.
As far as whether your husband’s Facebook posts can be used in court, one of the most important factors is whether or not those posts are public. Let’s face it – divorce sometimes gets nasty, and it’s pretty normal to blow off steam privately with your friends. Most judges understand that, and it’s unlikely that a post of that nature would be permissible. However, public posts – especially any posts that are available for your children to read – could be treated very seriously. Nasty comments or posts that are publicly viewable could be seen as evidence of a poor parenting environment or harassment.
Social media posts are also sometimes used as evidence of dishonesty. You might be surprised how many people will publicly boast on Facebook about how they got away with a lie in court or post pictures that show them involved in illegal drug use – or worse. If you are concerned about the posts your husband is making during your divorce, we encourage you to print them out and show them to your Chandler divorce lawyer.
If you are getting divorced in Arizona, it is important that you at least speak with a qualified Mesa family law attorney who can help explain your options and rights. Call us today at 1-888-929-5292 to schedule a completely free consultation with one of our caring family law attorneys. For more information, you may also request a complimentary copy of our book Arizona Family Law – How to Handle Tough Issues in Tough Times.
Is it possible to modify my spousal support agreement after a divorce in Glendale?
Unless you both agreed during your divorce that the terms of your spousal support could not be modified, you should be able to ask the Court to modify spousal support and maintenance orders. You will need to file a petition with the Court to modify your agreement, and you will then need to present evidence supporting that request during a trial.
There are many reasons why you might seek to modify an existing spousal support agreement, but usually it is because there has been some kind of major change to your or your spouse’s financial situation. For example, many people seek a modification of spousal support in Glendale after a spouse gets a major promotion, loses a job, or becomes a caretaker for a child or parent. Speak with one of our qualified Glendale divorce lawyers today about your situation and find out if spousal support modification is appropriate in your situation.
If you are interested in modifying your spousal support orders in Glendale, speak with one of our skilled Scottsdale family law attorneys today at 1-888-929-5292, or use our quick online contact form. We are experienced Glendale divorce lawyers who can protect your rights and fight for the best outcome in your divorce or child custody case.
For more information about spousal maintenance and other Glendale family law issues, order your completely free copy of our helpful book Arizona Family Law – How to Handle Tough Issues in Tough Times.
Is it true that my Facebook posts could be used against me during my Phoenix divorce?
Yes. This is absolutely true, and it's been an increasing issue in many Phoenix child custody and divorce cases. Although it doesn't seem like a few "harmless" posts about what's happening in divorce court or how evil your soon-to-be ex is could be a problem, you might be surprised exactly how much of an effect it can have on your Arizona divorce case.
As Phoenix family law attorneys, we urge our clients to be extremely careful with the information posted on social media sites - even if you've carefully changed your privacy settings or blocked your ex. Because social media sites function by bringing people together to share information, there is always a risk that a friend might mention something publicly that you intended to keep private, you're tagged in a photograph that could be misconstrued, or your information otherwise gets out and ends up in court as evidence against you.
If you feel that you must continue to use social media sites like Facebook or Twitter during your divorce proceedings in Arizona, it is of utmost importance that your treat every single post, comment, Tweet, or otherwise as completely public knowledge, and censor yourself accordingly. Evidence from social media sites like Facebook can have a serious impact on how your divorce or child custody case turns out, and even a few stray posts could be built into a convincing case against you.
If you have questions about divorce in Phoenix or another family law issue, call our expert Phoenix family law attorneys today at 1-888-929-5292 for a completely free, no-pressure consultation with someone who can help. We also want to offer a free copy of our must-read book, Arizona Family law - How to Handle Tough issues in Tough Times, to you for absolutely no charge. We look forward to working with you.
What is the difference between joint custody and sole custody in Glendale?
When people refer to sole custody or joint custody, they are generally referring to legal custody as opposed to physical custody. While physical custody means that the child lives with the custodial parent, legal custody in Arizona means that custodial parents are responsible for making major decisions about the child's life. This decisions fall generally into 3 main categories: health decisions, education decisions, and religious decisions.
If a parent has sole legal custody (sometimes referred to as "full legal custody"), then that parent will be responsible for making any decisions about the child's healthcare, schooling, and religious practices, and the non-custodial parent's wishes are generally excluded in these decisions. However, the Arizona court system tends to favor joint legal custody after a Glendale divorce, believing that children benefit the most from having the input of both parents. In joint legal custody, both parents will have the power to make major life decisions on behalf of the child.
Of course, there are always times when parents disagree about what is best for the child. In joint custody cases where there is a disagreement, both parents will go to mediation with the court to find a solution.
If you have any questions about joint custody rights in Glendale, don't hesitate to contact an experienced Glendale family law attorney today at 1-888-929-5292. We serve all of Maricopa County, including Phoenix, Tempe, Mesa, and surrounding areas. Additionally, we'd like to offer our web visitors a FREE copy of our informative book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
It's the first Christmas after my Scottsdale divorce. How am I supposed get through this?
Divorce comes with a lot of change, and it can be very difficult to get your bearings when nothing seems to make sense. One of the hardest things to do after an Arizona divorce is survive the holidays. As Phoenix divorce lawyers, we know how it is. The smell of turkey or the jingle of bells probably makes your stomach turn, and you want so badly to just skip the holidays this year. We can't make it easier for you, but we can suggest a few ways to cope:
- Do something nice for yourself. Grab your favorite novel, go for a hike, or just take a hot bath, and relax. Spending a little time being good to yourself helps reduce stress, and it will ultimately help you cope.
- Do something nice for someone else. Plan to volunteer at a soup kitchen, visit nursing home residents, or do something nice for a friend. The warm feeling you get from making the world a better place will stick with you - and isn't that what the holidays are all about?
- Create new traditions. Divorce is ultimately about change and transition. Try to look at it as an opportunity to get creative and create new traditions. Plant a tree, make your own ornaments, try a new recipe, etc.
- Figure out visitation ahead of time. If there are children involved in your Scottsdale divorce, make sure you keep organized and figure out the parenting plan well ahead of time. Knowing exactly what to expect can make it easier for everyone involved and save a lot of hurt feelings.
- Don't be afraid to invite yourself. Most people are happy to have an extra person join holiday celebrations, but they aren't sure how to ask you to come. Mention that you don't have plans, and ask if it would be okay to join your friend or family member to celebrate.
If you have any questions about divorce, custody, or parenting time in Scottsdale, speak with one of our experienced Arizona family law attorneys today at 1-888-929-5292.
I live in Scottsdale and would like to adopt my wife's daughter from a previous marriage. How do I go about doing that?
Choosing to adopt your spouse's child is an exciting time for your family, and it's often much easier - from a legal standpoint - to do so, as opposed to a typical non-relative adoption. Generally, the process requires the appropriate documents to be obtained and filed, and it can be done comparatively quickly.
However, if the non-custodial parent is living and still has visitation rights, you could run into some snags along the way. Before you can proceed with a step-parent adoption in Arizona, the other parent must consent to the adoption or have previously terminated parental rights. Giving consent to the adoption means that the parent will no longer have parental rights, such as visitation, although you may be able to provide for such as the adoptive parent. Speak with your Scottsdale adoption attorney if you are concerned about the other parent consenting to the adoption, and see what your next steps should be.
If you would like to adopt a stepchild in Maricopa County, we'd be happy to handle all paperwork, court filings, and other concerns for you. Meet with one of our experienced Scottsdale family law attorneys in a completely free consultation by calling 1-888-929-5292. If you'd like more information, you can also request your free copy of our book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
What happens if I'm accused of child neglect in Arizona?
If you have been accused of child neglect in Arizona, whether you are the custodial or non-custodial parent, the court will look at the situation and decide if emergency orders need to be put into place. You will likely be investigated by Child Protective Services (CPS), and it will be determined if the child is at risk.
CPS often has a more difficult time assessing neglect. Although there are clear-cut cases, such as a child living in a meth lab full of guns, most cases are not as clear. CPS will attempt to determine if there are other avenues to address any concerns of neglect before making the decision to remove the child from your home. For example, if your child is unsupervised while you are at work, CPS may work with you to get reliable child care in place so that the child is supervised and can remain in the home.
Any Arizona child custody modification involving neglect can become very complicated and very emotional. If you need answers and direction, speak with one of our compassionate and skilled Scottsdale child custody lawyers today at 1-888-929-5292. We also recommend you take a look at our book, Arizona Family Law - How to Handle Tough Issues in Tough Times. Our Phoenix family law attorneys look forward to speaking with you.
What is the discovery procedure in relation to an Arizona divorce?
The discovery procedure, used in many types of legal cases, both within and outside of Arizona family law, is how both sides share and obtain information about the case. In criminal cases, this is often a very long - although crucial - step, and how it is handled can "make or break" your case. When it comes to divorce discovery, even though the basic concept is the same, things are a little bit different. Although you will still both share and receive information with your spouse's side, discovery may be more casual than in a criminal case and may not take as long. It all depends on how complex the issues surrounding the divorce are, so there can be quite a bit of variance in how long it takes and what you will be asked to do.
If you have questions about divorce litigation or the discovery procedure in Arizona, speak with one of our qualified and friendly Phoenix divorce lawyers today at 1-888-929-5292. We'd be happy to discuss your specific situation in a completely free, no-obligation legal consultation. If you'd like more information about who we are and what we do, we'd also be happy to send you a FREE copy of our helpful book, Arizona Family Law - How to Handle Tough Issues in Tough Times.