Alongi Law Firm, PLLC

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Maricopa County Family Law Blog

What you need for a protective order in Arizona?

No one should feel uncomfortable or unsafe in their home. Protective orders or restraining orders, as they’re most commonly known, are there to protect you and your family from harm. These orders are no guarantee of safety but can serve as a legal deterrent to someone who wishes you harm.

If you think you need an order of protection, one of the most important things you can do is write down every instance of harassment or domestic violence. Times like these are traumatic, but you owe to yourself and family to write down everything you can as soon as possible. Leave nothing out. Verbal threats and property damage are also relevant. Someone doesn’t have to physically touch you or your child to count as harassment or domestic violence.

The credit perils of a quick divorce property settlement

Divorcing couples in Arizona and around the country often make difficult choices, and some of these decisions can influence their lives for years to come. It is not uncommon for divorcing spouses to make concessions during property division negotiations to reach a settlement quickly and put the whole process behind them, but making important decisions without considering all of the financial ramifications can leave spouses open to harassment from bill collectors and with credit damage that can take years to rectify.

The most valuable assets covered during property division talks, such as cars or homes, are often financed with loans that both of the spouses signed. The problem is that lenders are not bound by the provisions of court-ordered divorce settlements and will pursue all signers for payment when loans fall into arrears. This means that when jointly held loans are not paid off, spouses may be hounded for payment even when they have ceded their ownership interest in the asset.

Study highlights the dangers abusive relationships pose to teens

Nearly half of the women killed by homicide in Arizona and around the country die at the hands of an individual with whom they had an intimate relationship. Yet, the dangers violent men pose to adolescent girls have largely been ignored by researchers. A team of epidemiologists from Harvard University and the University of Washington recently sought to address this imbalance by reviewing the cases of 150 teens killed by their intimate partners between 2003 and 2016.

Out of the cases that were studied, 90% involved an adolescent girl who died at the hands of a boyfriend, and the perpetrator was over the age of 18 almost 80 percent of the time. In some of these cases, an older man killed a teenage girlfriend because he was worried about being prosecuted for statutory rape or wished to terminate a pregnancy. The researchers gathered their data from coroner's records, police reports and medical examiner's files.

Options for dividing a home in a divorce

Arizona residents and others who are going through the divorce process may need to figure out how to divide the marital home. A home can be divided in a variety of different ways, and one option may be to sell it and split the proceeds. If this happens, it may be necessary to account for capital gains taxes and other associated fees. It is also a good idea to line up a new home or apartment before the sale is final.

Those who don't have a problem cooperating after a marriage ends may retain joint ownership of the home. Retaining ownership can also be helpful for parents who have young children. If a former couple is going to retain ownership of a home, they need to make sure that there is an agreement in place to split household expenses and maintenance duties.

Divorcing couples can plan ahead for co-parenting

When Maricopa County parents decide to divorce, they may be concerned about how their changed relationship will affect their children. In addition, going through the divorce itself is only the first step towards a new, important relationship with the children at the center: co-parenting. While people may have difficulty adjusting to a new situation after a divorce, parents can come together to put the children first even after their romantic relationship has come to an end.

In the first place, children benefit from stability. When they go back and forth between both of their parents' houses for parenting time, it can be important for them to find similar rules and expectations in both households. Of course, sometimes this is a challenge, because differences in approaches to parenting can be a major contributor to a divorce. Even when parents disagree about discipline, they can come together on common expectations for the children.

Why financial support is vital for military spouses after divorce

Our active-duty military members make tremendous sacrifices in the course of their service. While most of us support the work of the armed forces, there is another group that also suffers considerable hardship behind the scenes: military spouses.

Maintaining healthy relationships with the kids after divorce

As many Arizona residents may already know, divorce can take a heavy toll on a family. Not only does it emotionally stress both spouses, but it can also be very strenuous for the children who have to watch their family being torn apart. This effect might be amplified if one parent wins sole custody of the children, meaning that the other parent won't get to see their kids as often as they used to.

Researchers have aimed to figure out how the stress that comes with divorce can be mitigated, especially for the children. According to a new study, stress is largely determined by the relationship that children have with their parents. Surprisingly, researchers found that the level of acrimony between the former partners has a much lower effect.

Deciding what happens to a business in a divorce

Married entrepreneurs in Maricopa County should take steps to keep their business finances separate from their marital and personal expenses. Otherwise, business assets may not be considered separate property in a divorce. A prenuptial agreement offers one of the best ways to determine what is and isn't marital property for a couple.

If the company has been funded in any way using marital assets, however, it may be difficult to claim it as separate property. This could also be the case if a spouse worked for the company at any point but was paid less than market rates. In these cases, the spouse might be able to claim a contribution to the company's value.

Do older divorcees have a better chance of getting alimony?

Several factors go into an Arizona court’s decision on spousal maintenance. This is one of the most important parts of the proceedings from the long-term financial effects it will have on both parties. One of these factors is how old the spouse seeking maintenance is.

Since Arizona is a community property state, many would believe that older divorcees would have less of a chance of receiving alimony since any property or income they acquired during the marriage would be evenly split. However, there are many issues that older spouses have later in their lives that could have a drastic impact on the court’s decision.

Tips for completing a financial affidavit in an Arizona divorce

The legal documents you must complete and sign during a divorce can be overwhelming to many people who are unfamiliar with the legal process and language. Mistakes or oversights when filling out financial documents can have negative repercussions down the road.

For instance, if you are divorcing in Maricopa County, you are required to complete an Affidavit of Financial Information. This document plays a critical role in decisions regarding child support, alimony and property division. You should keep in mind the following tips to help you avoid confusion and legal missteps.

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