Family Law Attorney: The Legal Aspects of Divorce and Family Law

Obtaining a legal divorce in Phoenix and throughout the U.S. requires that you go through the court system. You are not considered to be legally divorced until a judge issues a formal decree. Going to court, however, can be a complex and time consuming task for which you may be ill prepared. You can get through the legal process and know what to expect during your divorce when you retain an experienced family law attorney, particularly one who handles divorce cases. Divorce Legalities Divorces are delicate legal matters for a variety of reasons. The judge has the obligation of making sure both parties receive monetary and custodial rights to which they are entitled. If you represent yourself, you could short change your own argument and inadvertently give the advantage to your ex-spouse.
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Divorce Lawyer: Get Legal Representation during Divorce Proceedings

Divorces are legal matters that must go through the court system. People cannot simply end their marriage without filing the proper courtroom paperwork and getting a judge to sign off on their case. Because the actual process of getting a divorce can be complex, particularly if you have assets to divide and children who require custodial arrangements, you may find it easier and less stressful to allow one of the divorce lawyers in Phoenix to guide you in the legal proceedings. Divorce Cases While a relatively few divorcing couples decide to represent themselves in court, many others prefer to hire a lawyer who specializes in this area of law. Divorce lawyers are far more well versed in this area than other general practice lawyers in Phoenix.
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Lawyers in Phoenix Help in Drafting or Invalidating Prenup Agreements

Financial independence even amongst married couples is a practice that is slowly becoming more common. The ability to hold money or assets that is separate from your spouse’s is a sign that each of you are equally capable of supporting yourself, and that you each hold a certain amount of power when deciding how your assets will be handled. A prenuptial agreement reflects the confidence of each spouse in his or her financial independence. The provisions in such an agreement identify which assets will go to the sole ownership of one person, and which would be shared between the two in the event of a divorce. If a prenuptial agreement was drawn and signed by both parties, then the divorce can go much more smoothly since only shared assets and child support (if there are minor children involved) will have to be decided by the court. The rest will follow the signed contract.
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Protecting Your Assets in a Divorce

Divorce can be such an emotionally difficult time that people may neglect to protect their property. In some cases, lawyers in Phoenix may be able to help.

Organize finances

One of the first steps should be to get a clear picture of your financial situation. This should include income, assets, debts and typical outlays for you and your spouse. Be sure to include retirement accounts, life insurance policies and other assets. You can present these to your lawyer and begin developing a financial strategy.

Protecting Children During Divorce

The rubric courts use in making decisions regarding child support, custody and visitation is the best interests of the child. Parents are also concerned about the best interests of the child, but in the throes of an emotional divorce, it can sometimes be difficult to determine where those best interests lie. However, there are concrete steps parents can take to help protect their children during divorce.

Getting through Divorce Proceedings in One Piece

During divorce proceedings, you and your spouse may be harboring a lot of negative feelings over the potential loss of home, friends, extended family, financial security, and most especially child custody. These emotions may be further intensified once your spouse comes at you with a disagreeable offer. Here are the ways to overcome your feelings when you’re negotiating a divorce settlement.

How Phoenix Family Courts Grant Child Custody

In Phoenix, many child custody disputes between couples who divorce are settled through private agreement. If the parties refuse to compromise, on the other hand, child custody is left for the judge to decide. Now if it seems that your case is heading toward litigation, you may wonder what factors will affect the chances of you gaining custody of your child. Perhaps you’ve heard of courts awarding custody to the party it believes will act in accordance to child’s “best interest”, but what exactly does this mean?

Divorce Lawyers in Phoenix, AZ: What to Know About Divorce in Arizona

If one goes by celebrity divorces, he or she might think the process is easy enough. The reality for many American couples is very different, however, as divorce often involves too many details, like property division, child support, and alimony. Because of the often complex issues in divorce, the guidance of a divorce lawyer is very critical. Divorce laws may vary from state to state, so Phoenix locals will do well to hire an attorney who is vastly experienced and knowledgeable about the ins and outs of Arizona divorce proceedings. Arizona Divorce Law Basics In Arizona either one of the spouses may file for a no-fault divorce only if the marriage is considered beyond reconciliation. If the couple has entered into a covenant marriage, the court must recognize adequate grounds to dissolve the marriage, like adultery, abandonment or substance abuse. Only individuals who have been Arizona residents in the past 90 days may file for divorce in the state.
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Be Realistic When Working with Your Divorce Lawyer

Many people do not have prior experience with filing a divorce and consequently end up wasting time and money going through different lawyers until they find the right one.

It is good to be realistic when looking for a divorce attorney. Realize that the sole purpose of the divorce attorney is to help the two parties divide their assets and handle any custody issues that may arise. A good divorce attorney will represent their client vigorously throughout this process.

Do You Need to State Your Reason for Divorce?

While determining that you want a divorce is difficult enough, explaining why you want the divorce is so complicated it may keep you awake at night. In many cases, tremendous emotional pain is experienced due to a variety of events that have occurred over a period of years. Even without infidelity or another major issue to blame, many marriages crumble beyond repair. While telling your divorce attorney the details regarding your relationship will help them defend your interests in court and deliver sound legal advice, you aren't required to do so.

Getting to Know SB1127

Arizona stepped into uncharted territory with the passage of Senate Bill 1127 in May 2012 and formal enactment in January 2013. Designed to fix certain provisions of Arizona Revised Statutes Title 25, the bill was aimed at allowing children of divorced parents a better balance when it comes to their rights. If you have a child of your own but risk having visitation problems when a divorce pushes through, family lawyers in Phoenix can educate you on some important points.

The Challenges of a Contested Divorce

An uncontested divorce usually goes smoothly—both parties arrive at the decision and settle amicably, realizing that there’s no reason to prolong the process and endure the stress that court proceedings can bring. On the other hand, a contested divorce can be challenging in many aspects and be physically, financially, and emotionally taxing for both parties. 

A contested divorce arises when either one does not wish to get divorced at all or doesn’t agree with one or more of the petitions of the other. For instance, one of them is asking for full custody and a significant amount of spousal support, while the other wants to share custody and insists that the other party can support himself/herself. Another scenario is when each of them claims full rights to a property.

Legalized Gay Marriages? Expect Gay Divorces, Too

Following the decision by the Supreme Court to allow same sex marriages all over the country, there have been quite a number of colorful parades and celebrations. However, after all the fanfare, it’s probably time to assess the ripple effects of the ruling.

Divorcing a Covenant Marriage in Phoenix

Arizona maintains a “no-fault” divorce legal requirement provided that your marriage has been “irretrievably broken” and that both parties have agreed on parting ways. A covenant marriage in Arizona, however, has different grounds for divorce.