admin, Author at Affordable Family Lawyers

An Overview of Key Issues and Resolutions in Family Law

Family law encompasses a wide range of legal matters that relate to familial relationships and domestic issues. This branch of law deals with the rights and responsibilities of individuals within a family unit and aims to provide resolutions to issues that may arise. Understanding the intricacies of family law is crucial for anyone involved in a family-related legal matter, whether it be divorce, child custody, adoption, or domestic violence. In this article, we will explore the various key issues in family law and the potential resolutions available. Understanding Family Law: A Brief Introduction To comprehend what is family law, it is important to first understand its fundamental role and significance in society. Family law serves as a framework to protect the interests and rights of individuals within a family unit while also promoting harmony and stability. It deals with legal matters such as marriage, divorce, child custody, and property division. The primary objective of family law is to find fair and equitable solutions to complex family disputes, prioritizing the wellbeing of all parties involved. Family law encompasses a wide range of legal issues that arise within the context of familial relationships. It addresses not only the dissolution of marriages but also the establishment of legal relationships through adoption and the determination of parental rights and responsibilities. By providing a legal structure for resolving familial issues, family law plays a crucial role in maintaining social order and promoting the welfare of individuals and families. The Role and Importance of Family Law Family law plays a crucial role in society by providing a legal structure for resolving familial issues and maintaining social order. It ensures that disputes affecting families are resolved in a fair and just manner, taking into account the best interests of all parties involved. Additionally, family law promotes stability within families and helps protect the rights and welfare of vulnerable individuals, such as children and victims of domestic violence. Without family law, navigating the complexities of family-related legal matters would become even more challenging and may lead to unfair outcomes. Family law not only addresses the legal aspects of family relationships but also recognizes the emotional and psychological dynamics that often accompany these issues. It recognizes that the breakdown of a marriage or the separation of parents can have a profound impact on the individuals involved, especially children. Therefore, family law seeks to provide support and guidance to help families navigate these challenging times and reach resolutions that are in the best interests of all parties. Key Terms and Concepts in Family Law Before delving into specific issues and resolutions in family law, it is essential to familiarize oneself with key terms and concepts commonly encountered in this field. Understanding these terms and concepts will enable individuals involved in family law matters to navigate the legal process more effectively and make informed decisions. It is important to consult with a knowledgeable family law attorney who can provide guidance and advocate for your rights and interests throughout the legal proceedings. Common Issues in Family Law Within the realm of family law, several issues commonly arise, often leading individuals to seek legal guidance and intervention. Let us examine some of these key issues and the potential resolutions they entail. Divorce and Separation Divorce, or the legal termination of a marriage, is a significant issue in family law. The process involves dividing assets, determining child custody and visitation, and addressing financial matters such as alimony and child support. Resolutions in divorce cases can be achieved through negotiation, mediation, or litigation, depending on the complexity of the situation and the willingness of the parties to cooperate. When it comes to dividing assets, the court considers factors such as the length of the marriage, the contributions of each spouse to the marriage, and the financial needs and circumstances of each party. This can include the division of real estate, investments, retirement accounts, and personal property. Child custody and visitation arrangements are crucial aspects of divorce cases, as the well-being and best interests of the child are prioritized. Courts may consider factors such as the child’s age, current living arrangement, educational needs, and the ability of each parent to provide a stable environment. Mediation and negotiation are commonly used in custody disputes to reach mutually agreeable solutions. Financial matters, including alimony and child support, are carefully evaluated to ensure fairness and the financial stability of both parties involved. Alimony, also known as spousal support, is often awarded to one spouse to provide financial assistance during and after the divorce process. Child support, on the other hand, is calculated based on the income and financial circumstances of each parent, ensuring that the child’s needs are met. Child Custody and Visitation Rights Child custody disputes often arise during divorce or separation, where both parents are seeking custody or visitation rights. Resolutions in such cases primarily focus on determining the best interests of the child. Courts may consider factors such as the child’s age, current living arrangement, educational needs, and the ability of each parent to provide a stable environment. Mediation and negotiation are commonly used in custody disputes to reach mutually agreeable solutions. In cases where joint custody is not feasible or in the best interests of the child, sole custody may be awarded to one parent. This means that one parent has the legal and physical custody of the child, while the other parent may be granted visitation rights. The court may also establish a visitation schedule to ensure that the child has regular contact with both parents. When determining custody and visitation rights, the court may also consider the child’s preferences, especially if they are of a certain age where their opinion can be taken into account. The court’s primary concern is always the well-being and safety of the child. Alimony and Child Support Alimony and child support are financial obligations that one party may have to fulfill for the benefit of the other spouse or child. These obligations are typically determined based on

An Overview of Key Issues and Resolutions in Family Law Read More »

What Is Open Adoption in Arizona?

Family Law / admin

The decision to adopt a child is just the first one in a series of important steps. Next, you will have to figure out whether you’d like to get an open or a closed adoption. The Difference between Open and Closed Adoption Open and closed adoptions differ from each other in the amount of information made available to the child and to the adoptive parents. In the case of a closed Arizona adoption, no identifying information about the birth family will be provided to the adoptive parents. For many years, this was the most popular type of adoption in Arizona and across the US. It was considered that the absence of additional information simplified the situation for everyone involved. Open adoptions are the exact opposite. The amount of information made available to the adoptive family varies from one case to another. The least amount of information provided in an open adoption includes the first names of the birth parents, their medical history and a chance for basic communication between birth and adoptive families via a third party. A more open adoption could involve the exchange of even more information between the birth and the adoptive parents. Some of the key characteristics of a fully open adoption include: Click here for information on stepparent adoption. Common Misunderstandings about Arizona Open Adoptions A few misunderstandings about open adoptions are still quite popular today. An open adoption is not the same as co-parenting a child alongside the birth parents. The adoptive family is the one that has all of the parental rights. Birth parents only have the opportunity to keep in touch with the adoptive family and the child. Open adoptions do not alienate children from their adoptive families. On the contrary. Research so far indicates that an open adoption gives children peace of mind and a greater sense of belonging. They can establish a bond with birth parents while being an important part of their adoptive family’s life. An open adoption is also beneficial to birth parents. It provides an opportunity to heal and know that a good decision has been made for the future of the child. While all of this is great, you will still need to assess both the pros and the cons before opting for an open adoption. The disadvantages of an open arrangement aren’t numerous but they could be important. Some of the most prominent shortcomings include an inability to agree on the amount of communication that is healthy or necessary and creating some confusion for a child. As they grow older, some children decide that they do not want contact with their birth parents. In such instances, an open adoption could make things more confusing and challenging for a growing person. Legal Issues and Considerations If you are considering an open adoption in Arizona, you will have to focus on a few key legal essentials. Arizona is a state that enables the signing of a post-adoption contract agreement or PACA. This agreement between the birth and the adoptive parents is legally enforceable and it establishes the manner in which contact is going to be maintained between the two families. Usually, signing a PACA is a last resort option. In most cases, birth and adoptive families come to an agreement that is based on the best interest of the child. Conflict between the two parties are very rare. Still, talking to an experienced family attorney before opting for the Arizona open adoption process is going to be important. A lawyer will give you a better idea about the specifics of this adoption, the steps you will have to go through and whether it is the best option for you. More to read: Understanding the Impact of Family Law on Domestic Relations

What Is Open Adoption in Arizona? Read More »

Does a Second Job Affect Child Support in Arizona?

Family Law / admin

Child support calculations are complex and many factors will be taken in consideration. Many people going through the divorce process have questions about income from a second job and how it would affect the child support. The same applies to people who have been hired to do a second job after the court child support proceedings have been finalized. Child Support Modification The first instance in which a second job could affect child support in Arizona is when either parent requests a modification. Both the custodial and the non-custodial parent can turn towards the court to request child support recalculation in the case of a major change in circumstances. An increase or a decrease in income will rank among the most popular reasons for child support modification requests. A second job will contribute to a higher income, which is why it may result in a parent having to provide higher child support. Calculations are made on the basis of the Arizona Child Support Guidelines. This is a useful document to acquaint yourself with, regardless of the current situation. Child Support Wage Garnishment and a Second Job A second situation in which the second job could affect child support occurs whenever you’re behind on payments. If you have been failing to provide sufficient funds, the court can garnish wages from both your first and your second job. This is also possible whenever you can’t meet the monthly child support from the income you generate via your first job. Child support payments are often directly deducted from the non-custodial parent’s paycheck. In the absence of sufficient funds, such a deduction can occur from your second income. The same rule applies to situations in which you’re significantly behind on payments. In most cases, child support orders feature income withholding orders. As a result, the state can automatically deduct child support from your paycheck, whether you have one or two jobs. The only exemption occurs in cases when both parents sign a waiver. When Arizona state sends an employer an income withholding order, they will have to comply. Keep in mind, however, that there’s a limit to the amount that can be withheld from your income. Child custody wage garnishment limitations are calculated on the basis of several factors. If you have another family to take care of, the amount that will be withheld from your first and second wage will be smaller than in the case of being single. The wage garnishment limitations are based on your disposable income – the amount that remains after your essential needs have been covered. A Few Additional Considerations A second job in itself is not going to have a distinctive impact on child support proceedings. The court will view the overall income. It doesn’t really matter how the sum is derived and whether a person works multiple jobs. As already mentioned, child support modifications have to be initiated by one of the parents. If you eventually get a second job and your ex does not request a child support modification based on your new circumstances, the amount will remain unchanged. If your ex moves forward with the procedure, however, you will need to disclose information about a second job and the income it contributes to. Keep in mind that if you get a second job and your disposable income remains unchanged (because your monthly spending on necessities has gone up), this second job is not going to have a profound effect on your child custody. More information about changes in child support orders can be found in A.R.S. 25-503. If you have gotten a second job or you’re the custodial parent and you believe that your ex has a new source of income, you’ll need to consult an attorney. Your lawyer will outline the legal framework and give you a better idea about how the change in circumstances could affect your finances.

Does a Second Job Affect Child Support in Arizona? Read More »

What are the Signs Your Spouse is Cheating on You?

Family Law / admin

A lot of people think they know how to detect when their spouse is cheating. Maybe they’ve watched one too many talk shows. Or they spend a lot of time snooping on their spouse. One thing Arizona divorce lawyers understand is that most people who cheat leave a lot of clues. It’s almost as if they want to get caught. If you have a suspicion that your wife or husband is being unfaithful, you have a right to know what’s going on. You can hire a private investigator. You can even come right out and ask your spouse if they’re cheating. If neither of these are an option for you, then you need to keep your eyes and ears open. Here, we’ll talk about some of the telltale signs that somebody is cheating. If you feel divorce is the next step for you, call and talk to one of our Arizona divorce lawyers. You Don’t Need to Prove Adultery to Get Divorced in Arizona Arizona is a no-fault state. This means that you don’t have to cite any specific grounds for divorce. However, if you can show your spouse was unfaithful, it may help propel you forward through the legal process. If your Arizona divorce lawyer can prove that you soon to be ex cheated, they’ll present this evidence to your spouse’s attorney and the court. Your Arizona Divorce Lawyer Will Use this Evidence in Their Negotiations The reason your Arizona divorce lawyer wants physical proof of adultery is so that they can use it in your case. You aren’t going to get more alimony just because your spouse cheated on you. However, you can use this evidence to your advantage. For example, if your spouse is living with another man or woman, you may not want your kids staying there overnight. It can’t be healthy for them to be exposed to this so early on. It’ll leave them confused and scared. The court will do whatever they feel is in the child’s best interests. Signs that Your Spouse May Be Cheating on You Before you jump to conclusions about whether your spouse is cheating, you need to know the signs. There are certain things that people do when they’re trying to hide an extramarital affair. If you notice any of the following, let your Arizona divorce lawyer know right away: If you see any of these things, you should call us right away. You want to be the first one to file when it comes to divorce court. Call an Experienced Arizona Divorce Lawyer Right Away If you think your spouse is cheating on you, then you’re dealing with a lot of heavy emotions. This may not be the best time to make important life decisions. However, if you’re already contemplating divorce, proof that they’ve been unfaithful may be the push you need. If you’ve decided to move forward with the divorce, you should call and talk to one of our Arizona divorce lawyers. You want to make sure you’re in the driver’s seat when it comes to your divorce filing. Call and set up a time to sit down with one of our esteemed attorneys so you can the process started.

What are the Signs Your Spouse is Cheating on You? Read More »

Domestic Partnership in Arizona

Property Law / admin

On October 17, 2014, same-sex marriage was legalized in the state of Arizona. Not all couples, same-sex or opposite-sex, want to become married. For these couples, a domestic partnership could be an option. Unlike marriage, a domestic partnership can be absolved easily. The couple is awarded the same rights as if they were legally married. The state of Arizona recognizes a domestic partnership; however, only on a limited basis in terms of rights. Applying for Domestic Partnership The cities of Phoenix and Tucson are the epicenter for domestic partnership paperwork and applications. In Tucson, it is referred to as a Civil Union Partnership. The terminology means the same as a domestic partnership and shares the same requirements. Learn more about domestic partnership. Phoenix and Tucson’s Processes The city of Phoenix Clerk’s Office is in charge of the application and paperwork process for domestic partnerships. The domestic partnership is considered gender-neutral, and any couple can apply. For a civil union, applicants would go to the clerk’s office in their area. Steps to applying for the domestic partnership in Phoenix or Tucson: Domestic Partner and Civil Union Entitlements The benefit of implementing a domestic partnership or civil union is to allow partners to visit one another in a hospital setting. They do not share the same legal rights and privileges, though. Insurance companies are not required to extend coverages to partners by law. The decision is up to the independent insurance carrier. After the paperwork has been submitted, the couple will receive a signed affidavit for the domestic partnership or civil union. The state of Arizona does not give certificates. Unlike marriage, the domestic partnership does not award a partner any privileges upon death. It may be reasonable for partners or couples to consider the marriage option. Hiring a Family Law Attorney If you are trying to decide if a domestic partnership, civil union, or a legal marriage is the right choice for you, it might be worth consulting with an Arizona family attorney to consider your options and rights. For some, a domestic partnership may be all that is required, but for others, a marriage may be what they need. Seek out an experienced family law attorney in Arizona who can consult on your case and give you advice concerning your legal concerns. More to read: An Overview of Key Issues and Resolutions in Family Law

Domestic Partnership in Arizona Read More »

Arizona Parenting Information Program

Family Law / admin

Each county in the state of Arizona has adopted its own Parent Information Program (PIP), also known as a Parent Education Program. The program was designed to provide parents with education on the impact caused by divorce, restructuring of families, and the judicial system has on children. Although each county’s course may differ, the Arizona Supreme Court is in charge of setting the minimum standards that must be covered within these classes and the qualifications of those presenting it. Minimum Requirements of the Parent Information Program As of January 1, 2013, the standards that were set forth for the Parent Information Program could be found pursuant A.R.S. § 25-351 Domestic relations education; plan; administration. These standards are the minimum standards in which Arizona counties must comply with in their PIP programs. These standards are: Each program is required to share the information regarding the notification requirements under section 25-403.05, subsection B. This section states that the child’s parent or custodian must immediately notify the other parent or custodian if they become aware that a convicted or registered sex offender, or someone convicted of a violent crime toward a child, has access to the child. This notification must be done via first class mail with a return receipt requested. Electronic means are also acceptable if the parent provided the email address for notification purposes. Compliance With A PIP Court Order To remain in compliance with the court’s PIP order, you must do the following: Failure to attend the class within the allotted time can result in the judge not signing your papers and your requests being denied. You may also be denied the ability to seek modifications until it is completed. Tips For Attending PIP Classes To accommodate you better, providers ask that you arrive early to the class. You will be required to check-in and check-out for the participation to count. For identification verification purposes, you will need to bring your photo ID and your case number. If you do not know your case number, it should be on your petition requiring you to take the class. You should not bring your child with you to the class. Please note that parents are not permitted to attend the same class sessions. Seeking Legal Advice During This Time Divorce is hard, and it is even harder for children who are stuck in the middle. When you are considering divorce, hire an experienced family law attorney to handle the details of your case. Your legal counsel can help advise you on all matters pertaining to your custody, parenting time, and divorce decree. Don’t wait and try to navigate proceedings on your own, call an experienced Arizona family law attorney today. More to readA Deep Dive into Property Law: Understanding Rights and Obligations

Arizona Parenting Information Program Read More »