Tips from Chandler family law attorney

Most of us know lawyers from criminal shows and movies. They go in front of a judge, present heartfelt arguments for their clients, and somehow win the case with little effort. While the work of a family lawyer may not seem as impressive as a lawyer working with criminals, it is just as important. Most of us will need the services of a family attorney at some point – but how can they help you?  

Common Family Lawyer Cases

At Shaffer Family Law, we have worked with families to help them restore conflict and have the experience to help them through some of the most challenging and emotional moments a person can face. Some common cases we work on include:

·       Divorce: In modern times, most marriages will end in divorce, and a family lawyer is specialized in handling these types of cases.

·       Child and spousal support: Unsurprisingly, divorce often comes with the battle of child and spousal support or alimony—our goal is to help families build a working or even friendly relationship after a divorce.

·       Child custody: Figuring out child custody is a pervasive part of a divorce. We work with our clients to secure fair custody of their children and create a plan that benefits everyone.

·       Domestic Violence: Domestic violence cases involve accusations of abuse or threats between two people in a relationship. We work with clients to get restraining orders, protection orders and help clients fight against any false accusations of abuse.

While these are the most common cases we work with, we also work with clients in paternity, division of assets, domestic partnerships, and guardianship. If you need a family law lawyer to help you get through a case, give Shaffer Family Law a call at (480) 470-3030.

Alimony (spousal support or maintenance) refers to one spouse’s financial support payments to the other, either during or after a divorce. When couples split, different types of alimony can be awarded, including:

• temporary alimony, which is paid while the divorce is pending
• short-term maintenance, for short marriages
• rehabilitative support, paid until a person can take care of themselves

These spousal support types have an end date and summarize the couple’s settlement agreement or the final judgment. Courts can also grant long-term alimony, but it is typically reserved for long-term marriages. It occurs when the supported is unable to support themselves, and permanent support can continue until either person passes away.

In Arizona, any future alimony is terminated when the spouse receiving support remarries. The spouse paying the support needs to file a motion to modify support, either by showing continuing change in circumstances or by providing evidence that the ex-spouse’s support needs have changed.

Are you going through a divorce and need some advice? Or are you struggling to understand your rights when it comes to alimony? Give Shaffer Family Law in Chandler a call today at (480) 470-3030.

In Arizona, child support is required to be paid until a child turns 18 years old. However, that does not mean that a parent paying child support should stop paying as soon as the child’s 18th birthday. There are circumstances in which child support is still required to be paid after a child turns 18. For example, if your child is 18 and is still in high school, you are still obligated to pay until the child graduates or turns 19 – whichever one comes first. For those that have children with disabilities, you may be required to continue child support past 19.

While the end of a child support order may seem like the light at the end of the tunnel, obligated child support payers should always make sure they end child support payments legally. A qualified family law attorney who knows child support laws in Arizona can help you if you are nearing your child support agreement or have another reason to terminate child support payments.

Need advice on your child support case? Contact the attorneys at Shaffer Family Law in Chandler today. We can help you understand your rights and responsibilities and ensure that ending your support case works out in your best interests.

When you first met your spouse, their life-of-the-party attitude might have been attractive. You may have had a lot of fun together early in your relationship. However, you got married and had children. Life looks a lot different now, and the wild nights are not so fun anymore. Maybe your ex has not gotten over their partying stage.

Or perhaps their occasional substance use has turned into a full-fledged addiction. Even if your spouse’s substance abuse is not the main reason for the divorce, it typically becomes an issue for many couples. When it comes to their drinking problem or drug use, does this mean that you have a chance to ask for sole custody?

Shared Custody is Preferred

You probably heard that shared custody or co-parenting arrangements are the standards in Arizona family courts. Research has made it clear that both parents are crucial to the happiness and development of children. The courts want to make custody decisions that are in the best interests of the children.

For most families going through a divorce, the court’s order shared custody. If one parent cannot fulfill their parental responsibilities, the other parent can legally ask for full custody. Substance abuse or chemical dependence is a common reason cited by one spouse seeking sole custody in a divorce. Before you head to court, you will need proof. You cannot just get up on the stand and insist that your ex is a violent drunk. The courts are suspicious of any claims intended to influence the custody terms that they set. The more evidence you have of your spouse’s problem, the better.

Maybe they got pulled over for drunk driving, which means there is a police report. Or they have been getting into fights at bars or get arrested because they had drugs in their possession. Criminal records can help validate and prove your concerns. It is also true for medical records if there is any hospitalization or treatment for their habits.

The house often becomes the focal point of divorces, especially when both spouses know that they have committed years of income to the equity in the home and upgrades. Some people worry about losing a house that they have an emotional attachment to, while others focus more on the financial consequences of an unfavorable court ruling. If you are considering divorce, here are a few things to consider regarding your home in your divorce as an Arizona resident.

Arizona is a community property state

The judge overseeing your divorce will apply state law to your circumstances in the decisions made for your family. Community property laws require that the judge treat all assets and debts acquired during your marriage as both spouses own them. Usually, houses are in the community property category. Even if one spouse owned the home before getting married, they likely used marital assets to pay for taxes, utilities, and home maintenance. This could give the non-owner spouse a claim to at least some of the house’s value.

The house is not a win or lose the asset in your divorce

Like the limited-edition copy of your favorite movie, some property cannot get split by the courts in the divorce. While the actual house itself will not likely wind up divided, your equity in it most probably will. The courts can order that one spouse retains the property, but they will likely have to refinance it and pay some of the accrued equity to their ex. If the courts do not order someone to split the equity, they will use the value of the home to justify designating other assets to the person who does not get the house.

Keeping the house isn’t always the way that you win in a divorce

Many people focus on the house to win the divorce and punish their ex. However, keeping the house is not always the best solution. You will be living in a space where you have memories with your ex and dealing with the same community that you did when you were married, which can be a lot of baggage.

Staying in the family home can be helpful if you have primary custody of your kids, but many other people may find that asking for their share of equity rather than the house is a good step toward emotional closure. Regardless of what approach you plan to take to the home, you will want to plan to advocate for yourself during what can be a complicated process.

Alimony (spousal support or maintenance) refers to financial support payments one spouse makes to the other, either during or after a divorce. When married couples split, there are several types of alimony courts can award, including:

• temporary alimony – paid only while the divorce is pending
• short-term maintenance – for short-term marriages (a few years)
• rehabilitative support – which is paid until the supported spouse can find a way to become self-sufficient

All these types of spousal support have an end date, summarized in the couple’s marital settlement agreement or the finalized divorce judgment. Courts can also grant long-term alimony, something that is reserved for long-term marriages. This occurs when the supported spouse does not have time to support themselves. Permanent support can continue until someone dies.

In Arizona, the obligation to pay future alimony is terminated when the supported spouse remarries, but the paying spouse must file a petition or motion to end support. It does not apply to cohabitation. The paying spouse must file a motion to modify support, show a substantial and continuing change in circumstances, provide evidence relating to cohabitation’s economic nature, and prove that ex-spouse’s support needs have changed.

Receiving divorce papers unexpectedly is definitely a shock. Since women have been file for divorce 70 percent of the time, men aare usually the ones to be caught off guard being served papers at their home or work. Here are a few tips on what to you do after being served and how a divorce attorney can help you.

Remain calm

If you have children, do not keep them from your spouse since it may be held against you when finalizing custody arrangements. If there is has been abuse in the home, please consult with your lawyer. If you do not have a court order, you cannot legally keep your children from their other parent.

Do not involve the children

It does not look good for you if you try to involve your children in your disputes. Additionally, it is just not healthy for your children to feel as though they must decide between their parents. Any discussions about the divorce should be between you and your spouse. Furthermore, you should avoid making any negative about your spouse in the presence of the children.

Do not do anything to hurt your case

• Avoid domestic disputes or putting yourself in a position where the police are called – walk away before it escalates.
• Stay out of trouble since being charged with a crime, whether you are guilty of the crime or not, may hurt your case.
• Refrain from drugs and alcohol since this behavior is not viewed positively, especially when kids are involved. Also, when you are intoxicated, it tends to fuel emotions and impair judgment, causing severe mistakes.
• Stay off the internet, posting on social media or personal blogs. It could negatively impact your case, including comments with inappropriate language or pictures of you drinking or drunk.
• Try not to get into a new relationship while still married, even though your divorce is pending. It may potentially cause problems in getting custody of the children, especially if you live with a new partner.

Your children’s needs come first

Divorce and custody proceedings can be expensive, so anything you can agree on will save you time, money, and frustration. If you agitate your spouse, they may become unreasonable to spite you, ing you more money. Unfortunately, parents often have selfish motivations when it comes to their decisions and does not take the time to think about the best interests of their children. These selfish decisions can be exposed in court, so do what is in the children’s best interests.

See a divorce attorney

If your spouse has hired an attorney and served you with divorce papers, they are serious. You must recognize your rights and obligations under the law. If you fail to or decline to file an answer on time, you are in default. Default means you may lose your rights. Retaining an attorney who will protect you, your family, and your assets is the best option.

While representing yourself may seem like a way to save money, it can be a risky choice, especially for those with complicated cases. In addition to deadlines and  paperwork, representing yourself means understanding the laws around child custody in their state. Unfortunately, learning what you need to know about a case can take a lot of time. Here are some scenarios to look for when considering if you should hire a lawyer or not.

Your Ex Hired a Lawyer

If you know your ex has hired an attorney, then it may be time for you to consider hiring one for yourself. While having an attorney does not always mean things will get controversial, it is understandable to be nervous about other parent’s access to legal counsel. A custody lawyer has specific education and experience of family law to help you research and prepare for your case.

Circumstances of Your Case Have Significantly Changed

Sometimes you start with a simple case that gets more and more. If the circumstances have changed, may be time to consult with a lawyer. Some things can make you case more complicated, including: 

• A parent has remarrying or moving in with a new partner
• A parent turning confrontational
• A parent not following the custody agreement
• A parent relocating to another city, state, or country
• Evidence of domestic violence, child abuse, or neglect

You are Not Familiar with Family Law

Navigating a child custody case on your own requires a lot of research and planning. Attorneys, who must thoroughly understand the laws that apply to their case, are singularly responsible for keeping track of paperwork, deadlines, and court dates. They understand the court process and can help you understand each step of your case. Your attorney is not just a legal expert – they advocate for you. When you hire an experienced attorney, you can rest a little easier knowing someone who manages your case is looking out for your best interests.

Your Partner Changed Their Mind

If your ex has changed their mind about sharing custody or you believe that they will try to convince the court that you are are not able to take care of the kids on yoru own, you should talk to a lawyer. All courts use the best interests of the child when it comes to determining custody arrangements and the other parent generally must provide a substantial proof that you are unfit. And because the risk is so high in situations like these, it will benefit you to have representation.

Your Ex Prevents You from Seeing the Kids

If your ex is trying to get between your relationship with your kids, you should consider hiring an attorney. Whether your ex is blocking you from contacting your children, denying time you spent with them, or canceling at the last minute – these behaviors justify support from a lawyer who can help you solve this issue.

Enroll in Treatment or Take Classes

If the court is requiring you to take parenting classes, anger management classes, or to enroll in drug or alcohol treatment, then you are probably already at a disadvantage in the eyes of the court. In these situations, it is best to hire a lawyer to represent you. The only exception would be if all parents in your county or state must participate in parenting or anger management classes as a standard part of any child custody proceeding. Some jurisdictions require some parental education for all child custody cases, in which case, you will be on equal footing with your child’s other parent.

However, If the court has ordered treatment or classes outside of practice, that means the court has already deemed certain behaviors of yours a potential risk. It is unlikely that you will be able to get out of classes or treatment, they will be able to skillfully advocate for you and present your compliance, willingness to improve, and merits to the judge.

Surviving your divorce may seem impossible, but you can and will overcome it. Here are a few tips to follow to help you get through your divorce in one piece.

• Keep the hostility and conflict with your ex-spouse to a minimum, and do not look for reasons to get mad. The best thing to do is to be firm but reasonable when it comes to decisions.
• Do not put your child or children in the middle of drama with your ex-spouse. Communicate directly with your ex and try not to relay messages through your child. It is best to keep your child away from listening to any verbal aggressions or know about lawyers and court.
• Ask for recommendations for an attorney you can hire. It is a great way to find experts instead of selecting random names online. You should also talk to different attorneys to see if they can help you with your needs.
• Do not sign an agreement that causes you to second guess yourself. Please do not agree to something you think you will be able to change later because once a contract is in place, it is difficult to make adjustments.
• Find a good therapist for yourself who will help you as you struggle with feelings like guilt, fear, and anger. Going to therapy takes a lot of strength.
• Avoid starting a new romantic relationship during your divorce. It is a bad idea for many reasons and could complicate things.
• Co-parenting is a great arrangement, but both parents need to be fair and commit to making it work. It is the best parenting for kids if everyone is on the same page. It does require both parents to talk to each other regularly.
• Your child wants to love the both of you, so you will need to encourage that to happen. Do not undermine their relationship with their other parent. Hurting your ex will only lead to hurting your child too.
• The divorce process will conclude at some point, so you mustn’t say and do anything you will regret. Make the process as easy and rational as possible for your child, your ex, and your sanity.

Of course, not all tips apply to each person and situation. But it does help for you to think about your case. Divorce is a stressful and lonely time, but following a few practical steps can help you navigate the struggles of divorce. At Shafer Family Law in Chandler, we are here to help you get through your divorce as smoothly and quickly as possible. If you are interested in scheduling a consultation to discuss your case, give us a call today at (480) 470-3030.

No matter how old your children are, your divorce is going to be hard for them. Younger kids often struggle to understand and accept changes, while older kids and teens may understand but still end up resentful. Unless things are different, you and your ex may find yourselves sharing custody in the future. Here some tips to help bring stability to you and your children’s lives. Here are some things to keep in mind for your children:

Do not Put Your Kids in the Middle

One important thing to do is to not complain about each other or get into fights in front of the children. Instead of showing them you are divided, focus on staying positive and encourage them to want to spend time with their other parent. Please do not make them feel like they must choose between you.

Make Communication a Priority

You and your ex need to keep one another fully informed about what you do while you have the children and share any critical information involving the children, like school conflicts. You can share most of this written form, either email or text message. If you cannot keep cordial, you may consider using a facilitated custody communication program.

Make Consistent Rules for Both Households

Consistency and structure are vital to the success and development of children. While a routine at one home may be stable, it could be undermined if the other parent is not following the same rules. You need to standardize your approach to parenting, from discipline to screen time.

Move Past Your Marriage

Because you share children, you are going to have to see one another frequently. Even when your children become adults, you will have to interact throughout the rest of your lives. You both will want to be at birthday parties, spend time with grandkids, attend graduations, and so much more. It is essential to take the time to process your feelings. Consider getting help from therapy or even support groups to cope and move forward as co-parents.