The post What To Do If Your Spouse Is Intentionally Delaying Divorce in Arizona appeared first on lwazlaw.
]]>What happens when you initiate divorce proceedings in Arizona? Without a difficult spouse, you’ll likely undergo the following process:
If you can learn your ex’s motivations for intentionally delaying divorce, you may be able to connect with them for one last conflict resolution in both of your best interests. If that proves impossible, knowing why they’re delaying the divorce can help your lawyer determine the best approach to moving forward.
Divorce is emotionally and mentally painful, even under the best circumstances. Even if you’ve fought for your marriage and still love each other, you’ll feel moments where you want to get even with each other. If your spouse wants to hurt you emotionally or cause your depression and anxiety to grow worse, delaying the divorce is a relatively easy way for them to accomplish their goal.
As with most things in your divorce, avoid retaliating or sinking to their level. Obvious attempts to hinder divorce proceedings ultimately backfire, so try to endure it, record everything they do, and wait for your spouse to hurt their cause.
If your spouse has a reputation to maintain or an influential position, they might delay the process to give them time to manage the community’s perception of them or even dig up dirt on you to shift focus away from them. If you initiated the divorce based on infidelity or some other scandalous misdeed by your ex, they might gather enough evidence to make people think you brought false allegations, even if they’re true. If you think your spouse has this motivation, inform your divorce attorney and ask what you can do to protect yourself and ensure your ex doesn’t accomplish their goal.
Divorce is one of the biggest changes in your life, and even if both parties consider it a good change, you’ll both still have periods where you’re scared of what’s to come. Maybe your spouse loves the house you own together and doesn’t want to move out, or perhaps they’ve become accustomed to a life of financial security and fear adjusting to a tighter budget.
Thankfully, this is one area where you can potentially connect with your ex on an emotional level. Even if you’re not on good terms, try to take the high road and assure them you can resolve the divorce so that it benefits both of you. If you can start repairing any bridges you’ve burned, you might convince them to proceed with the divorce.
Some people are just bad at making decisions, which may be one reason you’re divorcing them in the first place. The divorce process requires hundreds, sometimes thousands, of major and minor decisions to come to an agreement. The process feels difficult enough when you can both agree on terms, but it becomes exceedingly difficult if one of you can’t decide what you want or need.
This is another area where you have the potential to handle the issue yourself without intervention from attorneys or the court system. Talk with your ex, try to help them make a decision, and if you can make a show of good faith or extend an olive branch, you have a good chance of convincing them to wrap up the divorce proceedings in a timely manner.
What are the potential complications of intentionally delaying divorce? The fastest your divorce can proceed in Arizona is 60 days, and some people might feel that is too slow. If one spouse decides to delay the divorce, it can have serious consequences for both parties.
You’re probably well aware of the mental health effects of divorce, and the longer the divorce drags on, the more likely you’ll experience acute or chronic mental health issues. If you’re going through a divorce, consider seeing a therapist.
Divorce is expensive, and the longer it lasts, the more you’ll pay. Your costs go beyond attorney fees and include filing fees, accountant payments, refinancing loans, relocation expenses, and more. Reminding your ex-partner that delaying the divorce hurts them, too, may convince them to stop.
With a delayed divorce, you risk further damaging your relationship with your ex, though you might not mind that. The bigger risk is the toll it takes on your friends and family, as a decrease in your mental health can prevent you from fully cultivating important connections.
While waiting to finalize the divorce, you won’t receive closure or be able to move forward. For example, even if you’re dating, you can’t marry and might remain financially tied to your ex. Remind your spouse that they need closure and that neither of you can transition into your new life without finishing the divorce.
If your spouse is intentionally delaying divorce, you may have other options for resolving the issue without involving the courts or requiring extensive negotiations.
Collaboration forgoes lawyers and allows you and your spouse to establish terms yourself. It’s focused on non-combative resolution, and if you can get on good terms with your ex, it can allow you to complete your divorce more quickly. Sometimes, the presence of an attorney makes people defensive, but even if you go through the collaborative process, you can still consult your lawyer for advice.
Mediation is the midpoint between collaboration and court proceedings and involves a third-party mediator to help resolve issues. Many divorcing couples find this a good option if they’re not on good terms.
Arbitration is a type of private court case in which you and your spouse choose one or more arbitrators to act as judges. You’ll still present your case during a trial, but it won’t feel as formal or restrictive as traditional proceedings.
If you don’t want to approach your divorce through collaboration, mediation, or arbitration, you still have some legal tools to help bring your divorce proceedings to a close. If your spouse has repeatedly filed to cancel a deposition or requested extensions, you can have your attorney ask the judge for sanctions or penalties that will motivate your spouse to continue with the proceedings. For example, you may ask the judge to have your spouse repay some of your legal fees if you spent money on an appointment they never showed up for.
You can also ask the judge to set a date for your final trial. Your ex will be legally obligated to attend, and you’ll receive the final ruling from the judge.
When your spouse is intentionally delaying divorce proceedings, you need family law legal advocates who will work tirelessly to resolve the issues. Whether your spouse is dealing with not wanting a divorce or is trying to gain an advantage over you, the legal team at Lincoln & Wenk can help. To book a consultation, contact us today.
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]]>The post How Does a Family Trust Work in Arizona? appeared first on lwazlaw.
]]>A family trust is a type of living trust that protects your assets during your life and, upon your death, distributes those assets according to your terms rather than forcing your family to undergo a lengthy legal process called probate. Probate is the administration of a person’s will, and having a family trust helps avoid the cost and stress so often associated with this process. Whereas a living trust designates beneficiaries outside your family, you set up a family trust specifically for assets you want to give your family after you die.
You can create two types of family trusts, each of which has advantages and disadvantages to ask your lawyer about:
As opposed to a will, a family trust can dictate what happens to your assets if you’re alive but incapacitated.
To establish a trust, you require the following categories of people:
You can put almost any type of asset into a family trust. The following are the most common assets people add to a trust:
With a revocable trust, you can add or remove assets whenever you see fit. With an irrevocable trust, carefully consider what you’re adding because you cannot remove it.
How does a family trust work in Arizona? Compared to many other states, Arizona has a low threshold for probate. Every state has a limit concerning the minimum value of an estate to trigger the probate process after death. If a professional establishes that the value of your estate is lower than the threshold, your loved ones can distribute your assets without probate.
Probate thresholds range from $10,000 to $275,000. Arizona triggers probate proceedings when you die with at least $100,000 in real estate worth or $75,000 worth of personal property. Therefore, if you own a house in Arizona, you’d likely benefit from a family trust.
Arizona has the following additional stipulations for establishing and governing a trust:
When establishing a family trust in Arizona, you’re helping your family with several benefits.
Probate is often a long and costly process, and in some cases, it can seriously damage an otherwise amicable family relationship. Even with a clear will, many surviving family members find probate difficult, convoluted, and emotionally charged.
The biggest advantage of a family trust is that you avoid the probate process, which largely involves the actual transfer of the asset. Because you’ve already transferred ownership to the trustee, the belongings are no longer in your name, and the process is much more efficient, cost-effective, and pragmatic. You’ll find handling emotions in trust planning difficult enough, but since emotions usually run high after a loved one’s death, your family will appreciate dealing with the emotions sooner rather than later.
While Arizona doesn’t impose estate taxes after death, your assets are susceptible to federal policies. By placing your assets into a family trust, you can protect them from some or all of the taxes associated with passing them on. The more assets you designate as part of the trust, the more you’ll benefit from these protections.
An irrevocable family trust is also a good method of protecting your assets from creditors, as the trustee technically owns them in your place. If you’re worried about creditors seizing some of your property after your death, consider adding them to a family trust.
A family trust in Arizona increases your flexibility in managing your assets because it can dictate how the trustee manages your assets while you’re alive or medically incapacitated. While a will only takes effect upon your death, a family trust starts when you sign the documents. A family trust avoids putting your loved ones in the difficult position of managing your belongings when they’re feeling vulnerable and grieving your terminal illness or other serious medical condition.
Unlike a will, a family trust allows you to stipulate not only what assets a beneficiary receives but also when they receive them. For example, you could add a clause that prevents your child from receiving any money before they’re 25 or designate a lump sum to gift them when they marry. You can even allow the trust to disburse the assets while you’re alive, providing a wonderful opportunity to help them buy a house or start a family, provided they meet the requirements of the trust’s terms.
If you have complex family dynamics or don’t want the public to know the extent of your assets, you’ll love the privacy that comes with establishing a trust. Whereas a will becomes public knowledge when it enters probate, the contents and terms of trust only remain between the parties involved in the document.
How does a family trust work? It’s a good fit for many people, but it can have some disadvantages, especially depending on the type you establish.
In a revocable trust, you don’t lose ownership of your assets, which may seem beneficial, but it comes with a few major downsides. The biggest disadvantage of a revocable trust is that you don’t protect your assets from creditors. You also won’t have a better chance of qualifying for government benefits like Medicaid because these programs rely on determining your net worth and other assets to establish whether you qualify.
You also might pay federal estate taxes, even on a revocable trust. However, many people still think these disadvantages are worth the flexibility of adding and removing assets at will.
While an irrevocable family trust offers the most benefits for protecting your assets against the government and creditors, the biggest disadvantage is its rigid nature. You must carefully consider every aspect of this trust, as you won’t have recourse to change or revoke it. If you feel capable of relinquishing control once you decide on terms, you’ll appreciate all the benefits of an irrevocable trust.
While a family trust isn’t necessarily a good fit if you have a net worth under the probate threshold, if you want to protect your sizeable assets for your family, you should ask a lawyer about how it can benefit you. The legal team at Lincoln & Wenk can help you determine what type of trust is best for you. Your partner, children, and grandchildren will appreciate a trust, and you’ll appreciate your ability to outline specific terms under which you disperse your assets.
How does a family trust work? Lincoln & Wenk can help you understand everything you should know and advocate for the best interest of you and your beneficiaries. From protecting your loved ones with estate planning to helping you navigate the legal process of divorce, our knowledgeable and experienced team of legal professionals works tirelessly on your behalf. Contact us today to request a consultation and learn more about your options.
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]]>The post 4 Things You Should Know About Mental Illness and Divorce appeared first on lwazlaw.
]]>Remember, open communication with your divorce attorney is vital, especially regarding your mental health. Ensuring that your attorney is fully informed about your condition from the outset can prevent surprises during legal proceedings. Rest assured that discussions with your attorney are confidential, allowing you to address any concerns or questions without fear of judgment or disclosure.
By understanding the intersection of mental illness and divorce, you can better navigate the legal process and work toward a resolution that prioritizes your well-being and the best interests of all involved parties.
[Source: Adapted from PairedLife, “Can a Psychiatric Diagnosis Hurt You in a Divorce?,” accessed Nov. 17, 2017]
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]]>The post Can You Divorce Without Splitting Assets? appeared first on lwazlaw.
]]>As popular divorce lawyers in Phoenix, Lincoln & Wenk works hard to advocate for your interest during divorce proceedings and can help you navigate this difficult time. With decades of experience, we’re passionate about helping you with legal approaches to divorce without asset splitting.
What is considered an asset? An asset is anything that has real, measurable value. An asset includes tangible items, such as your home, furniture, and cars, and intangible yet measurable things, like stocks, investments, and your bank account balance. If you accumulated assets while married, they likely legally belong to both you and your ex.
Each state has different laws dictating the process of splitting your assets, and it often depends on the type of assets you own. Therefore, the answer to, “Can you divorce without splitting assets?” doesn’t have a clear-cut answer. However, in general, you can take steps to protect your assets and, in some circumstances, even avoid splitting them during the divorce.
Depending on the state, the court may exclude certain assets from the division. This includes:
While each state differs slightly concerning what affects your ability to split assets, in general, you can assume the following situations apply in every state.
If your state allows at-fault divorces, and you can prove your spouse is at fault for the divorce (such as due to infidelity), you’ll have more bargaining power in keeping your assets. Even in a no-fault state, the judge may take certain behaviors into account when determining the specifics of your asset division.
In addition to infidelity, marital misconduct can include:
Can you divorce without splitting assets? If your spouse engages in excessive spending or fraudulent economic practices, the judge may award them a significantly lower percentage of your assets. For example, if you can provide evidence of excessive gambling or a shopping addiction, the judge may consider those financial damages and reduce the amount of assets they’re owed by the amount of money your spouse lost during the marriage.
The court may also consider any hidden or undisclosed assets your ex didn’t reveal to you before or during the marriage.
The court considers how much each spouse contributed financially during the marriage. For example, if one spouse produced 70% of the income during the relationship without any other mitigating factors, the court might award them the same percentage of assets.
If you’re a stay-at-home parent, don’t worry. Many states consider that a valuable profession and factor that into your total financial contribution during the marriage.
A status-only divorce legally ends a marriage without requiring you to sort out issues like asset division or custody battles. In normal court proceedings, you gain your legal status of single only at the end of the process, after you’ve dealt with other legal issues. However, this prevents both parties from remarrying or filing taxes as a single person.
While this won’t necessarily prevent the splitting of assets, it’s the first step in moving forward with your life without spending a lengthy time period in the legal system. However, you must wait at least six months after the original divorce petition before you can request a status-only divorce.
You can use several methods to proceed through divorce without asset division.
The easiest way you can manage separation without splitting property is through signing a prenuptial agreement. A prenuptial agreement is a contract signed by both partners that outlines what happens to assets during a divorce.
For example, both parties might agree that each partner regains the assets they had before the marriage and agree to split accrued debt evenly, regardless of which partner acquired it. To ensure the agreement is legally enforceable, use a lawyer to construct the contract and oversee its signing.
A postnuptial agreement functions the same way, but the partners sign it after the marriage, rather than before.
Mediation uses a third party, rather than each partner’s lawyers, to improve communication between the parties and help decide how to split the assets. You can still ask for advice from your lawyer, and many mediators suggest you still hire one, but the mediator doesn’t advocate for one spouse over the other.
The benefits of mediation include the following:
Can you divorce without splitting assets? One way of making the process easier is through collaboration.
Collaboration functions as a midway point between traditional court proceedings and mediation. While each former spouse hires their own lawyer to represent their own interests, they approach the proceedings with the expectation of compromise and mutual benefit. By contrast, in the traditional process of splitting assets, the lawyers often take a combative approach to better advocate for the exclusive benefit of their client.
Compared to mediation, collaboration provides many of the same benefits, particularly a faster time for completion. However, because it involves legal counsel, it’ll cost more than mediation, but not as much as traditional proceedings. If all the involved parties aren’t fully committed to keeping the process collaborative, it can turn combative, at which point you might require a judge.
Another way of avoiding the process of asset division is using options for uncontested divorce. The first form of uncontested divorce requires both partners to agree to all the terms, such as custody, dividing assets, alimony, and shared debt. They outline the agreement, sign it, and submit it to the court for ratification.
The second form of uncontested divorce is when one partner files for the divorce asking for specific stipulations and the second partner never responds or shows up in court. When this happens, the proceedings continue without the unresponsive party and the court decides whether the filing partner receives what they asked for.
If none of these solutions work for you, consider these asset separation alternatives in divorce:
Must you split assets during a divorce? Technically yes, because you must decide what happens to all the property and belongings you acquired during your marriage. However, with no asset division divorce arrangements like an uncontested divorce or mediation, you can forgo the traditional process of using a judge to divide the assets.
If you decide to forgo traditional asset division, stay aware of the potential risks involved. The biggest danger is that one spouse can later file an undivided marital asset claim. Under this legal filing, the court rules on any asset you either didn’t disclose or excluded from the original asset agreement.
While in many states you cannot contest the division of assets after the ruling, the restriction doesn’t apply to undivided assets.
Keeping co-ownership of a home, car, or business can also become problematic if the controlling partner has a change in finances or the ability to care for the asset. For example, if you’ve agreed to let your spouse live in the marital home while still raising children, it might not cause problems. However, if they lose their job or can no longer care for the home, you may end up bearing some financial burden you’d otherwise be free of.
Carefully consider whether avoiding dividing assets is in your interest.
Can you divorce without splitting assets? Yes, but it’s not always a good idea. Furthermore, you can use non-combative and creative solutions to split the assets to everyone’s benefit.
Whether you need help proving separate properties or completing the collaboration process, Lincoln & Wenk can help. Our team of experienced lawyers in Arizona knows the law and relentlessly advocates for your interest. To request a consultation, contact us today.
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]]>The post Is Dating During Divorce Adultery? appeared first on lwazlaw.
]]>Learn more about what constitutes adultery and how dating during a divorce may impact the proceedings. The legal team at Lincoln & Wenk, PLLC, focuses on family law and can help you understand the legal implications of dating during divorce. Contact our office if you need experienced divorce lawyers in Phoenix to advocate for you.
Every state allows no-fault divorce cases, meaning you don’t have to cite any specific wrongdoing in the breakdown of the marriage. Individuals who file for divorce often do so on this basis, which paves the way for the couple’s marital assets to be split equally. However, there are three fault-based scenarios a person can raise when they petition the court:
Say you file for divorce because your partner has been unfaithful in your marriage. If you can prove your spouse’s adultery, it could favor you in some ways. You may be able to have your partner pay your court fees or seek alimony payments due to their infidelity.
Every state and situation differs, so it’s wise to consult with a divorce attorney who can explain the impact adultery might have on your case.
Is dating during divorce adultery? It depends on the situation. Family lawyers define adultery as a married individual making sexual contact with a person who isn’t their spouse.
You may decide to go to dinner or the movies with someone new as a way of coping with divorce. Innocent dates like this would not be considered adultery, especially if the relationship doesn’t progress into anything sexual. By this definition, the court can’t punish you for going on dates with new people before your divorce becomes final.
On the other hand, there are instances when dating and adultery in divorce proceedings become more prevalent. If you commit adultery before you or your spouse files for divorce and then continue to have a relationship with the person outside your marriage, the case becomes more complicated. The implications of your actions depend on whether your spouse chooses to file a no-fault or at-fault divorce and how your attorney oversees the case.
Navigating relationships during the divorce process looks different for everyone. Some people go on dates not with the intention of starting anything serious but to distract them from the stresses of divorce. Others believe their marriage ended a while ago and feel ready to find a partner for this new chapter in their life.
The question “Is dating during divorce adultery?” will play a key role in individual divorce cases. Below is a breakdown of some potential consequences of dating someone new before your divorce gets finalized.
All divorce proceedings are unique, but even judges in no-fault states can take into account marital misconduct like infidelity, abandonment, and cruelty. If one spouse enters a new relationship before the legal dissolution of the marriage, the judge may question their morals and form a bias against them.
The judicial system aims to be as unbiased as possible, but forming thoughts and judgments about a situation is natural. With this in mind, lawyers advise against forming new relationships before the divorce becomes final.
When is dating during divorce adultery, and what kind of impact can it have on the proceedings? In the eyes of the legal system, starting a new relationship while married can have major financial consequences during the splitting of assets.
Say you enter a relationship with someone new and begin living with them before the divorce becomes final. Cohabitating with a partner other than your spouse brings into question your financial situation since you can presumably share finances with your new partner. A judge may be more inclined to give you less in marital assets than your spouse because of your change in financial situation.
Like with the division of assets, living with a new partner can impact any spousal support rulings. Having a new partner share the responsibility for your housing, food, and utility costs could make the court less likely to grant you a set amount in monthly alimony payments. It could even mean you’d have to pay your former spouse alimony.
When it comes to divorce and the question of adulterous relationships, people have a lot to process, and emotions can run high. Lawyers advise divorcing couples to stay cordial and amicable throughout the process. However, seeing a partner move into a new relationship can escalate emotions.
For example, if your spouse did not commit adultery during the marriage but then begins dating during the divorce, it might drum up feelings of anger and hurt. As your way of coping with these emotions, you might be less likely to compromise on certain marital assets. This ultimately prolongs the process and adds to the stress of divorce.
If you ask a family law professional, “Is dating during divorce adultery?” they will tell you that, generally, the answer is “no.” However, dating during a separation period can be a bit murkier from a legal standpoint. When is dating considered adultery in this circumstance?
It largely depends on the state’s stance on legal separation. Certain states define separation as having a marital settlement and one of the partners relocating their home and belongings. Other states consider divorce the only legal basis for separating from a spouse.
Dating during a time of separation may be considered adultery since you and your spouse are still legally married. Consult with a family law attorney to review your case and present the facts for your state’s laws.
Ending a marriage is a major turning point in your life. You may feel ready to re-enter the dating world right after petitioning the court, but keep in mind that starting new relationships during divorce proceedings could impact your case. Lawyers recommend the following tips for navigating relationships during this transitional period.
If you have to ask, “Is dating during divorce adultery?” and have concerns about how it will impact your proceedings, the smart thing to do is put dating on the back burner until the divorce is finalized. You and your spouse may both agree the marriage was broken long before filing for divorce. However, jumping into a new relationship that involves living with a new partner can influence what you receive in marital assets, as well as any type of spousal support you receive.
It may be hard to wait several months until the divorce decree is final. In the end, dating someone in the middle of your proceedings could make your spouse less willing to cooperate and prolong the process.
Dating doesn’t have to end in serious, long-term relationships. You can choose to meet new people and go on dates with the intention of forming a platonic relationship. Going on dates with this mindset can help you build a support system during your divorce.
If you establish a friendship with a person and want to develop it into a romantic relationship, try to wait until the divorce is final to avoid potential consequences during the proceedings.
For divorcing couples with children, the relationship worth prioritizing is that with your children and co-parent. The separation of parents can be emotionally difficult for children of all ages. During this time, they will need support, love, and guidance from you and your spouse.
Divorce is extremely stressful for children who now experience sudden changes in their parental relationships. They may only see one parent every so often and need to go between two different houses. Seeing a parent date someone new can add to their emotional turmoil.
For this reason, put a pause on dating and instead focus on helping your kids heal.
Navigating the divorce process is stressful and confusing. You’ll likely have several questions running through your mind, including “Is dating during divorce adultery?” and “How does moving out during divorce impact the proceedings?” An experienced family law attorney can answer these questions and more as you endure this major event.
Lincoln & Wenk, PLLC, is Arizona’s trustworthy law firm dealing with divorce and family law cases. Turn to our legal team if you’re going through a divorce and need an attorney to fight for you. Call (623) 294-2464 to request a consultation with our knowledgeable attorneys.
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]]>The post What Can Be Used Against You in a Divorce? appeared first on lwazlaw.
]]>As an experienced divorce lawyer in Phoenix, Lincoln & Wenk can help you prepare for the divorce and pursue a favorable outcome. Keep reading to learn what happens during a divorce proceeding, the things your ex can use against you, and how to protect yourself.
While the divorce process differs slightly in each state, it usually follows the same general process. When you file a divorce petition, it asks the court to terminate the marriage based on specific grounds. You can pursue a no-fault divorce (one based on irreconcilable differences) without the consent of your spouse.
Once you pay the filing fee, you may undergo temporary hearings to establish a policy for custody, financial support, necessary restraining orders, and appropriate division of expenses. During this time, the lawyers for both parties gather evidence to help the judge determine the eventual distribution of assets and custody agreement. As such, you must protect yourself from doing or saying anything that could bias the judge against ruling in your favor.
During bitter or hostile divorce proceedings, your ex’s lawyers will look for things that prove you should receive fewer assets or less time with your children. They can use the following factors against you during the divorce.
Be careful what messages and emails you send your ex, as they can use them to prove what kind of moral character you have. For example, if, in a moment of frustration, you send them a profanity-laden text about how awful they are, the judge might view that as lacking the emotional maturity you need to effectively raise children. The difference becomes more stark if your ex keeps a level head during the process.
Another thing you should avoid is mentions of your fault. Whether you feel bad for your conduct during your marriage or not, don’t apologize, as the courts can see that as admitting guilt.
It’s beneficial to keep your communications in-person or over the phone. If you do use text-based communication, stay very careful about what you say and how you say it.
Much like your texts and emails, the court can use your Facebook posts and comments against you. For example, if you post a picture of your new romantic interest, the lawyer could use that as evidence of adultery. If you mention buying a new car, the court might think you have more assets than you disclosed and divide more of your belongings.
You’ll want to use social media as a venting platform during your divorce, but it’s beneficial to keep those conversations private and only in the presence of a few people you trust.
What can be used against you in a divorce? Your criminal record, if you have one, can play a significant role in determining the outcome of your divorce. The criminal record can help the judge determine your character, whether you’re a fit parent, or how responsibly you use your finances.
Having a criminal record doesn’t automatically hurt your chances, as the court cares about context. They’ll look at the charge, when you committed it, how you’ve acted since then, and any rehabilitation efforts you’ve made. If you’ve shown considerable growth and exemplary citizenship since that time, the record may not carry any weight.
The criminal record tends to affect you more when it meets any of the following criteria:
A history of affairs or being unfaithful in your marriage can greatly affect whether you end up paying alimony. First, consider that in many states, having an affair constitutes a criminal offense. In Arizona, infidelity is a Class 3 misdemeanor and may lead to up to 30 days in jail and $500 in penalties.
Even in states where affairs aren’t a criminal offense, consider the significant emotional duress it places on the offended spouse. If your ex’s lawyers can prove you had an affair, they can convince the courts you’re at fault for the divorce, which means you’ll end up paying alimony if you make enough money.
Demonstrating a history of substance abuse can affect your divorce in several ways, including:
Alcohol and illegal substances aren’t the only forms of addictions that can impact your divorce proceedings. An addiction to gambling, adult entertainment, and even video games can not only end your marriage but provide legal grounds showing you’re either at fault for the divorce or should have less custody of your children.
Many studies have documented the effects of divorce on children, but they often fare better when their parents share custody. A history of bad parental habits can significantly affect the kind of custody arrangement you end up with. Parenting behaviors that can negatively affect your custody agreement include:
What can be used against you in a divorce? You have two kinds of assets the courts can use to decide how much you should pay (or receive) in alimony and child support.
Marital assets are those you share with your ex, such as your house, a car with both your names on the title, and a shared checking account. In general, a court seeks to divide these assets equitably.
Hidden assets are anything a person purposely hides in an attempt to pay less or receive more. Not only does this constitute fraud in many states, but it can also bias your divorce case against you, and you’ll lose much of your bargaining power.
You can take several steps to protect yourself, your assets, and your custody of your children through the divorce process.
If you share a phone plan with your ex, switch to your own account immediately. Sharing can give your former partner access to your communications, which they can then use against you.
Even an amicable divorce is stressful and requires processing a complex network of emotions. Without dealing with your feelings, you’re more at risk of lashing out publically against your ex. Seek professional help and support groups to better manage your anger, depression, stress, and more.
Many partners enable location sharing on their phones in case an emergency comes up and they need help. If you did this during your marriage, make sure you disable it during the divorce so your ex can’t use it against you.
During your divorce, you should avoid social media as much as possible. If you must use it, consider running every post by your lawyer to determine whether your ex could use it against you.
You probably share a lot of accounts with your spouse, including email, bank accounts, and more. In general, you should separate your accounts and establish your own. For example, you don’t want financial information sent to your joint email accounts, but you may still share the email for co-parenting purposes.
One exception to this rule is your joint bank account. Don’t separate or restrict access until a judge has divided your assets, as the account legally belongs to both of you.
You probably gave your former partner access to certain accounts and your passwords. Change these as soon as you know you’re divorcing to protect your accounts and prevent your spouse from using the information against you.
Now that you know what can be used against you in a divorce, you can take appropriate steps to protect yourself. From using social media during a divorce to advocating for a fair custody agreement, Lincoln & Wenk can help.
We’re a team of experienced divorce lawyers who know the process and passionately advocate for you. To learn more about how we can help you through your divorce, call 623-294-2464 or fill out the contact form on this page.
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]]>The post Understanding the Legal Landscape of Moving Out During Divorce appeared first on lwazlaw.
]]>The legal team at Lincoln & Wenk, PLLC, explains everything you need to know in this in-depth guide. Contact our office if you need an experienced divorce lawyer in Phoenix to guide you through this complicated legal process.
Arizona is a no-fault divorce state, meaning that you can divorce without any grounds that your partner did something specific that led to the breakdown of the marriage. Divorcing spouses can separate before the marriage officially ends in no-fault states. In other words, you or your soon-to-be ex can move out of the home you once shared without it causing any significant legal problems.
You can move out of your shared residence and you won’t face punishment for it in family court. People tend to assume that moving out before finalizing a divorce is seen as abandoning their family. However, a judge won’t punish you for moving into another home during this process.
You’ll retain all of your legal rights regarding any property you own or children you share with your spouse. Along with your lawyers, you and your partner will need to figure out a co-parenting plan and split your marital assets, such as property. This is a normal part of the process, and you won’t face any negative consequences because you decide to move before the marriage legally ends.
Many married couples have joint assets, including property. If both your names feature on your house’s deed or lease agreement, you remain responsible for that part of that asset. Moving out during divorce proceedings doesn’t mean you no longer have to maintain the property and cover its expenses.
As long as you’re a shared owner or renter, you have a legal obligation to pay for expenses like:
Be mindful of your financial responsibilities in the lead-up to finalizing your divorce. The right time to move out of your shared home and into another is when you can afford the expenses surrounding both properties.
If you have children living in the home you once shared with your former spouse, moving out amid the divorce could have some family law formalities you need to work through. This primarily involves your custody arrangement and child support. An experienced family law and divorce attorney can work with you as the court orders certain arrangements between you and your former partner.
Say you move out of your shared home before your divorce is final. How often will you be able to see your children? Judges typically give a custody advantage to the parent remaining in the family home since kids of a certain age are used to their home and surroundings.
This doesn’t mean that moving out during divorce keeps you from seeing your kids at all. You and your former partner must agree to a schedule that allows you both to spend time with the children as long as it’s good for their well-being.
It’s possible that you’ll have to pay child or spousal support to your ex, depending on your custody arrangement and financial standing. For example, if you move out and the children spend the majority of their time living with your ex-spouse, a judge could rule you need to pay for their care. Spousal support may also become an issue if divorce and division of assets greatly impact your ex’s finances.
Moving out during divorce proceedings becomes a bit more complicated if you have young children. Say you move out of your family home and want to buy property in your name only. With children under the age of 18, you have to consider several factors, including:
If you have children who are too young to remember sharing a home, you moving out should not cause any issues.
You and your former partner must decide if you want to relocate the children to a new area or keep them in their current residence. This decision may boil down to the children’s education, friends, and well-being.
A judge could rule that the parent who is the primary caretaker should stay in the current home with the children for a certain period of time. Both parents could continue to own the property and have the absent parent continue to pay their half of property-related expenses. Another option is for the parent remaining in the house to buy out their ex’s share.
What happens if you feel unsafe sharing a space with your spouse amid your divorce? Arizona law allows you to file for an Order of Protection. Individuals may apply for a protection order if they’re victims of domestic violence and a partner threatens their physical safety and well-being.
Once a judge grants the order, your former spouse has no choice but to move out since you will have exclusive use and possession of the property. Police officers will serve an individual with the order and remain on the property while that person gathers their personal items.
Having an Order of Protection in place not only forces a dangerous partner to move out, but it also prohibits them from having contact with you. Violating this order can lead to arrest and misdemeanor charges.
Moving out during divorce proceedings is typically voluntary. If you have no grounds to prove that your partner is a threat to your safety, the only other way to have them move out is by filing a motion for a temporary order.
If a court grants you this order, you will receive exclusive use and possession of the home. In many cases, the spouse being served will need to vacate the house by a certain date. You can file for a temporary order if you or your spouse refuse to leave the home, although it can take several months to schedule a hearing, which may delay your divorce.
The issue of changing the locks after moving out during divorce proceedings has some caveats. If one spouse voluntarily leaves, but their name remains on the home loan or lease agreement, they still have a legal right to property ownership. The remaining spouse should wait to change the locks until they notify their former partner and receive written consent.
Should a judge grant an Order of Protection, you can temporarily change the locks for your safety. If you are the sole owner of the property, you have the legal right to change the locks as you please.
When either party resorts to moving out during divorce proceedings, splitting their assets, including their shared property, becomes a major topic of interest. Arizona is a community property state, meaning that the following acquired assets legally belong to both partners during their marriage:
If you and your partner decide to sell the home you previously shared, you will split the earnings from the sale. If you move out and your ex keeps the house in the divorce, you can acquire fair compensation in the form of other marital assets. This could be in the form of stocks and investments, bank account values, cars, or other properties you own.
The total assets you share must be able to cover your portion of the property for a fair division. Otherwise, you will need to sell the house if you can’t come to an agreement on which assets each spouse receives.
Much of the property and valuables split in a divorce are subject to community property laws. You do receive separate property if you acquire it through inheritance or a gift.
As a no-fault divorce state, Arizona law is fairly lenient when it comes to moving out during divorce proceedings. Know your rights and navigate this process with the help of a trusted divorce lawyer. Whether you want to move out or sell your house during a divorce, the team at Lincoln & Wenk, PLLC, can advise you and help you understand the legalities.
We have offices in Phoenix, Peoria, and Goodyear, and our staff is happy to schedule a consultation with you. Contact us at (623) 294-2464 to learn more.
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]]>The post Tips to handle Shared Custody During the Holiday Season appeared first on lwazlaw.
]]>The approaching holidays bring joy and anticipation. Yet, for divorced parents, this time often carries the added burden of navigating child custody arrangements. Rather than a season of rest and celebration, it can become a stressful period filled with disputes and challenges.
Gifts Disagreement:
Parents sometimes engage in a competitive spirit, attempting to outdo each other or deliberately choosing gifts the other disapproves of. This mismatch can cause friction, especially if it contradicts household rules. For instance, buying a phone for a child when one parent has a no-cell phone policy becomes a source of contention.
Time Allocation:
The most common source of disagreement between parents is the division of time with their children. Deciding how to split holidays, or who gets the kids on specific days at certain times, often leads to discontentment, as both parents may feel dissatisfied, particularly as holidays hold significant family value.
Holiday Travel:
The question of holiday travel, mainly when extended family lives out of state, adds another layer of complexity. Balancing the importance of extended family in the children’s lives while adhering to custody agreements can be challenging. One parent’s travel plans might mean less time for the other during the holidays, sparking conflicts.
Open Communication:
Effective co-parenting during the holidays relies on clear and open communication between co-parents. Discussing schedules, travel plans, and special activities in advance can prevent misunderstandings and conflicts. Reading your own written communications from your co-parent’s perspective prior to sending may help limit any possible animosity or negative inflection that might be read in to it. This proactive approach fosters a harmonious and successful co-parenting experience.
Meticulous Planning:
Creating a well-thought-out custody schedule involves careful consideration of family traditions and ensuring quality time with each parent. It’s important to emphasize flexibility and compromise, as they are crucial in accommodating everyone’s wishes and fostering a balanced arrangement.
Prioritize Children’s Best Interests:
To ensure an enriching and delightful holiday experience, center the plans around the well-being and happiness of the children. Consider their preferences, school breaks, and beloved family traditions. By doing so, we can create a fulfilling and enjoyable holiday they will cherish.
Flexibility and Adaptability:
During the busy holiday season, it’s crucial to maintain flexibility and adaptability. Unforeseen circumstances may arise, and demonstrating accommodation can help alleviate stress and foster a cooperative co-parenting relationship beyond the holidays.
Innovating New Traditions:
Take advantage of this period post-divorce to create new traditions. Involve your children in designing these unique customs, cultivating anticipation and a feeling of belonging.
Utilize Technology for Connection:
Utilize technology to bridge gaps in custody arrangements. Enable video calls or virtual celebrations to ensure both parents feel connected and involved, even when physically separated.
Legal Guidance:
Seek legal advice if conflicts persist or if modifications to existing agreements are necessary. An Arizona family law attorney can offer invaluable guidance in protecting the children’s best interests.
The holiday season signifies family joy and unity, regardless of the family structure. By prioritizing open communication, flexibility, and focusing on the children’s well-being, co-parents can create a positive and memorable holiday experience.
Remember, seeking legal counsel can be instrumental in resolving disputes or modifying custody agreements to align better with your family’s needs. Contact Lincoln & Wenk for guidance in prioritizing your children’s best interests and fostering a healthy co-parenting relationship.
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]]>The post Six Tips for Navigating Divorce Due to Infidelity appeared first on lwazlaw.
]]>An experienced divorce lawyer in Phoenix, AZ, can provide you with tips for dissolving your marriage under this circumstance. Learn more about this topic, including six tips for navigating divorce due to adultery, in this helpful guide.
Did you know that Arizona law lists adultery as a crime? Any married person who has sexual relations with anyone other than their spouse can face jail time for breaking this law. While crimes of infidelity rarely face prosecution, the person who committed adultery can face other legal implications, particularly surrounding divorce.
The state allows you to file for divorce either as a no-fault case or a fault-based one. A no-fault divorce means that neither spouse is responsible for the breakdown of the marriage. Filings that cite “irreconcilable differences” as the reason for divorce are considered no-fault cases.
A fault-based divorce places responsibility on one partner and cites their individual actions as the reason for the marriage’s breakdown. Common grounds for a fault-based divorce include the following situations:
In general, Arizona serves as a no-fault state. Many couples who divorce can dissolve their marriage by citing irreconcilable differences and saying no one is to blame. However, couples who enter a covenant marriage can act differently and file a fault-based case if a partner commits adultery.
A covenant marriage serves the same purpose as any other legal union. Couples will still need to acquire a marriage license before they wed and submit it to the state. These marriages put more emphasis on the union being sacred and often see couples go through premarital counseling with a member of the clergy to prepare them for better or for worse.
Covenant marriages need a strong reason for dissolving, such as one partner being unfaithful to their spouse.
Unlike a no-fault divorce, a case that stems from infidelity can have serious implications on each spouse, along with any children they may have. Keep the following outcomes in mind if you’re facing a divorce due to infidelity.
Many divorce proceedings find one party seeking spousal support, also known as alimony. A court can rule that the person who earns the higher income must pay spousal support to their former partner each month. However, no party is ever entitled to receive payment, especially if they divorce on the grounds of infidelity.
Say your partner breaks up your marriage by having an affair. If you can prove their infidelity to the court, they can be barred from receiving alimony from you. Many Arizona residents don’t realize that committing adulterous acts can impact their finances following divorce because of this scenario.
Arizona courts practice the equitable distribution of marital assets. In other words, couples going through a divorce usually split their assets equally or in a way that is fair. Adultery within the marriage may cause a court to grant one spouse a great share of their marital assets.
This pertains to any asset that both partners acquired together during their marriage, including:
All of these assets make up your marital estate. Committing adultery can impact how much of the estate you receive once the court finalizes your divorce.
If you’re filing for a divorce due to infidelity from your partner, you should consider the implications it has on child custody rulings. Any children that you have with your spouse could become a key part of the proceedings. The court may rule against the cheating spouse if it finds that their infidelity negatively impacts the children.
One could argue that the cheating spouse no longer spends as much time with their children because of their affair. Another example is claiming that a child’s behavior is different because of their exposure to a parent’s affair.
Because of this, you could receive sole custody of your children if your spouse is deemed unfit to parent. Another possible scenario could be that an adulterous parent may need to pay for their co-parent’s legal fees if they have an affair while the child custody case is happening.
If you find yourself in this unfortunate situation, you’re probably wondering how you can recover. It’s important to navigate a divorce for the benefit of your family, no matter what actions led to the marriage’s failure. The following tips can help you move forward.
Coming to the realization that your marriage is over is devastating. If the cause of that breakdown is adultery, it becomes even more difficult to process. Give yourself time and space to process the situation.
With a bit of time, you can make a plan for yourself and how you can move past this circumstance. You’ll receive a new perspective that makes recovering from the divorce easier.
No one wants to see their marriage fail, especially because of a spouse being unfaithful. The truth is difficult to accept, and you may try to deny the situation as long as possible. Denial hinders the grieving process, which, although difficult, is necessary for anyone going through a divorce.
Don’t be afraid to let any of your emotions out as you grieve. For many, this situation brings up a range of feelings, such as shock, anger, and sadness. Internalizing these feelings means carrying around the burden of your partner’s betrayal. Express them when you need to or speak with a trusted friend, relative, or counselor.
After you’ve had time to digest the situation and start grieving the loss of your marriage, you must remember to take care of yourself. Failing to do so can cause a serious deterioration in both mental and physical health as you grapple with the harsh realities of divorce due to infidelity.
You still have important responsibilities to take care of, including childcare or your employment. Balance these responsibilities with a greater focus on your own well-being. Keep yourself active, eat a healthy diet, and receive plenty of sleep to give yourself the energy and mindset necessary for dealing with a divorce.
Oftentimes, people who divorce because of a cheating partner feel that their partner’s actions are their own fault. You must remember that you are not responsible for their behavior and therefore shouldn’t treat yourself as the perpetrator. A much healthier viewpoint involves seeing yourself as the source of your own happiness.
When you keep this perspective in check, you’ll find it easier to step out of your comfort zone and adapt to your new situation. Find ways to make yourself happy without being tied to a partner.
Try to find it in you to forgive your partner for their cheating. This doesn’t mean you approve of their actions, but rather, you no longer resent them for it. You’ll feel much freer to move on with your life when the anger and betrayal of adultery are not bogging you down.
You can’t force this process. At some point, you may finally feel ready to move beyond the hurt and anger that your partner caused you. An excellent way to set up a brighter, happier future for yourself is to forgive them for their behavior.
The final tip for anyone navigating a divorce due to infidelity is to consult with a legal professional. Find local attorneys who focus on divorce cases to learn how they can help you. Ask them specifically about cases where one spouse committed adultery and the impact it had on the divorce proceedings.
Having a trustworthy and knowledgeable lawyer on your side can make the process much simpler. You’ll have someone advocating for you and see you through this challenging time.
Enduring a divorce due to infidelity comes with its own unique set of challenges. If your spouse was unfaithful and unwilling to change, it’s time to discover how divorce may benefit you. Let the legal team at Lincoln & Wenk, PLLC fight for you and guide you through divorce proceedings.
Call our office in Phoenix at (623) 294-2464 to request a consultation with an attorney.
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]]>The post How to Prove Separate Property in a Divorce in Arizona appeared first on lwazlaw.
]]>Married couples collect various assets during their nuptial years, and many will struggle to find common ground about these possessions if they decide to part ways. Divorce proceedings become especially tricky in Arizona because the state legislation follows a protocol that involves the equal distribution of all property and debts.
Below, Lincoln & Wenk’s divorce lawyer in Phoenix, AZ, looks at how separate assets differ from those placed in community of property. The information may help you protect yourself now or in the future. Alternatively, consider scheduling a consultation with the team in Arizona for legal counseling tailored to your situation.
How does separate property differ from community property according to Arizona law? Since this state adheres to community property laws, your judge may default to equal distribution of property that you and your partner shared during your marriage.
Since the court often splits all marital debts and assets equally between both parties, is it possible to retain some personal property acquired during your marriage? Yes, it’s possible. However, doing so requires understanding how the law defines separate and community property.
Separate property typically has documentation verifying that a single party within the marriage owns it or has purchased it. Examples of separate assets may include the following:
The official documentation specifying your ownership of separate property assets matters in your bid to retain it following the divorce proceedings.
Community property, also known as marital assets in Arizona, includes any other assets the couple acquires while married to each other. A judge will divide property in equal shares to each divorcee, so you and your spouse might be looking at the following types of assets:
In Arizona, these items usually fall under the community property category unless proven otherwise.
While the differences seem simple, gray areas aren’t uncommon. A marriage may thrive for years while you both confidently and unassumingly contribute to shared asset growth. Understandably, then, property division may not occur as smoothly as you hope unless your legal representative knows how to prove separate property in a divorce despite complications.
For example, sometimes, the court rules that otherwise separate property is now marital property, and commingling blurs the lines of ownership and identity.
Commingled assets are blended property, with a prime example involving a property inheritance you receive from a deceased parent. That piece of real estate initially belongs to you and is separate property. However, if you sell the property and deposit the funds into a shared bank account earmarked for retirement, your spouse enters the picture.
Since you and your spouse share the account, the Arizona court will likely label the funds as marital or community property. That means if you didn’t thoroughly document your contribution from the inheritance, you could lose access to that full amount.
As you can see, commingled assets significantly complicate the property division proceedings, especially if the party claiming ownership doesn’t have proof. Here are a few other examples:
When you use your personal resources to acquire or increase community-held assets, you share your property and ownership of assets with your spouse. Many couples commingle their belongings in this way. However, doing so prevents the party with initial ownership from reclaiming something in full in the event of a divorce proceeding.
Under most circumstances, an Arizona judge will divvy the resources down the middle if you don’t present the proper documentation for the court’s consideration.
Documentation or asset tracing allows you to prove your original ownership of most separate assets. However, you must also do the following to enable the process:
If not, the court could deem the property a marital asset.
Understanding how to prove separate property in a divorce also requires learning the differences between community liens and claims. For example, one spouse might request a community lien when the court assigns them a shared debt during the divorce proceedings. If granted the lien, the spouse has an added layer of security to ensure the other spouse’s continued contribution toward paying off the debt.
A claim occurs when shared resources or efforts increase a separate property’s value. For example, your partner may have purchased a beach house before your wedding, which you fixed up together to become usable for personal and rental purposes. The house might qualify for a claim on your behalf since your community efforts increased the overall property value.
Removing yourself from long-term entanglements, including marriage, can be daunting. Unusual circumstances that justify liens or claims will also occur due to various circumstances. That’s why it pays to ask an experienced divorce lawyer to assist you in identifying eligible processes and everything else.
Additionally, keep the following points in mind when managing divorce proceedings:
What assets do Arizona property laws apply to? How does a divorce court view certain types of property? Document, track, and verify the examples listed below:
Can you protect yourself from marital debts while retaining ownership over your separate property during marriage or divorce proceedings? Yes, and you won’t need to know how to prove separate property in a divorce if you implement these practices into the financial aspects of your relationship:
A prenuptial agreement outlines your asset ownership before marriage, allowing you and your partner to identify and agree upon your personal property in the event of a split. You can draft and update a postnuptial agreement throughout your marriage to serve a similar purpose. These contracts provide evidence of ownership and documented agreement to those ownership terms.
Keep records of the following:
Documentation often sets the standard for proving ownership.
A reputable divorce attorney can advise you about how to word documents to ensure their legality and legitimacy in Arizona’s court system. A team like Lincoln & Wenk can assist you in seeking a fair divorce settlement.
Arizona’s divorce attorneys at Lincoln & Wenk understand that your property may be vital during a divorce, as well as how to prove separate property in a divorce proceeding. Exercise your rights and contact us for a consultation today so that you can move forward.
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