Archive for 2011

The Emotional Stages of Divorce in AZ

It’s expected for people to handle trauma in stages. Immediately after a devastating event, people are often shocked and unsure of how to move forward. By understanding the typical emotional stages of divorce, you will know what you might expect following such a life-changing event, and you and your spouse can make the best decisions for your and your family.

For some divorcing spouses, it can be helpful for each person to retain an attorney before or during mediation. For others, it might not be necessary to retain an attorney at all. The decision to hire an outsider to assist with mediation depends on the types of decisions that you and your spouse need to make, as well as the conflicts that arise along the way.

There’s really nothing to lose when it comes to mediation, so why not give it a try? Even if you and your spouse end up going
to court, the two of you will already have shared and discussed all of the issues within your divorce.

Anyone can experience financial difficulties when their monthly income takes a dive, even sports stars. Just ask former Cincinnati Bengals Wide Receiver Terrell Owens about his child support payment issues. Recently, CBSsports.com reported that Owens has asked a judge to consider lowering the amount of his child support payments since he’s jobless and isn’t bringing in as much money as he once was.

You may think that you and your spouse could never be candidates for alternative methods of dispute resolution, such as mediation or collaboration, to help resolve issues during your divorce. Maybe the two of you feel like you can’t even stand to be in a room together, let alone sit down and try to hold a calm and rational discussion. If this is the case, I want to encourage you both to give these alternative methods of dispute resolution a try. If either one of you have your sights set on going to court and seeking revenge, there’s no harm in learning about alternative methods of dispute resolution.

The hypothetical Arizona divorce case scenario: A couple living in Mesa has decided to file for divorce in Arizona. When various family members and friends hear the news, they immediately emphasize the need to look out for their individual interests by retaining a Mesa AZ divorce attorney for additional protection. Once the couple tells their children about the divorce, each child wants to know what will happen to their current living situation and the amount of time they get to spend with each parent. Just to add to the stress and mental anguish, whenever the couple tries to talk about the [...]

While litigation is one of the most commonly recognized methods of divorce, it isn’t always the best approach to a dissolution case. In fact, most divorcing spouses in Arizona find collaborative divorce and mediation to be a more effective and less stressful way to reach a mutually beneficial settlement.

The application of community property laws in an Arizona divorce case isn’t always as straight forward as one might think. Funds that start as separate property of one spouse can become “commingled” or mixed in with community property over the course of a marriage. Commingling often occurs when: The separate property of one spouse is combined into a joint checking or savings account belonging to both spouses. Money is transferred from a separate account belonging to only one of the spouses into an account that belongs to both spouses. Funds are reinvested or borrowed from an outside 3rd party during the couple’s [...]

Depending on the circumstances of your Arizona divorce case, any inheritance that you acquired before marriage can be considered as your separate property – especially if the funds remained in an account that belonged to you and you alone during the course of your marriage. On the other hand, if the funds from your inheritance were deposited into any type of “joint account,” there is a greater chance that the funds will be considered as community property in the terms of your divorce. Should you and your spouse disagree on the designation of separate and community property in your divorce, [...]

Determinations of joint or sole child custody in Arizona is based on the following factors which help determine the best interests of the child: The agreement or lack of agreement by the parents regarding the custody of the child. Whether a parent’s lack of agreement is unreasonable or is unrelated to the best interests of the child; meaning the validity of one parent’s belief that the other parent is not fit for custody of the child. The past, present, and future abilities of the parents to cooperate in decision making about the child to the extent required by the order [...]

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