Tips from Chandler family law attorney Archives - Page 10 of 16

A family divorce lawyer explains the separation, annulment and divorce

Divorce vs. Separation vs. Annulment, Chandler Arizona

At Shaffer Family Law, our goal is to help you understand the process and make decisions that will benefit you. We believe that mediation and negotiated settlements are almost always better alternatives to courtroom litigation. If legal action is necessary, we will fight to protect your rights. Here are a few things to keep in mind when it comes to the divorce process.

Divorce vs. Annulment of Marriage

An annulment of marriage is a legal ruling that marriage is not binding. Annulments can occur when a court finds a marriage invalid. While a divorce ends a legally valid marriage, an annulment acts as if it never happened. The result of an annulment is the same as a divorce. The parties are single to remarry or enter a domestic partnership. An annulment proceeding also determines child custody, child support, alimony, and division of assets.

Divorce vs. Legal Separation

A legal separation is when a court established a separation between spouses. The marriage has not ended, which means both spouses are prohibited from remarrying or entering a domestic partnership with another person. Divorce and a legal separation create a legal space between you and your spouse. You live and keep your finances separated. The court orders child custody and support, division of marital assets and debts, and spousal support (alimony if you divorce).

The main difference is that with separation, you remain legally married to each other, which means you must continue to mark “married” on forms, and you cannot remarry. You can also inherit from each other.

Is divorce, annulment, or separation the best choice for me?

Deciding if you want to obtain a divorce, annulment, or legal separation is a personal decision. However, not all procedures are equally available to all individuals. For example, getting an annulment is often limited. If a union does not qualify for an annulment, a couple needs to decide if separation or filing for a divorce is the best option.

Do I need a lawyer?

You do not need to hire a lawyer before obtaining a divorce, legal separation, or annulment. However, some couples consider legal representation to get guidance through the complexities of child custody, spousal support, and more. To learn about how Shaffer Family Law can help you, give us a call today at (480) 470-3030.

A unhappy boy with parents arguing about high conflict divorce case

High Conflict Family Court Cases in Chandler Arizona

Tips from Chandler family law attorney

Identifying whether your case is “high conflict” can be surprisingly difficult. In most cases, there is some level of conflict in a divorce or parenting dispute. The question is whether a case has an abnormally high amount of conflict.

Some examples of high conflict cases involve domestic violence, serious substance abuse, mental illness of a party, or a party that lives out of town or is seeking to relocate. On the opposite end of the spectrum are cases that are relatively amicable. Those can be resolved with little time, energy, and expense.

Perhaps the best way to determine whether your case is high conflict or has the potential to become high conflict, is to look at how disputes are handled between you and the other party. If minor disputes easily turn into major battles, it is a clear sign that you and the other party do not get along, for whatever reason, and the matter will likely involve a significant amount of conflict.

Conversely, if the minor disputes are handled in a civilized manner, even if neither party is completely satisfied with the solution, your case does not involve an abnormal amount of conflict. More important than simply identifying whether a case is high conflict is recognizing who is harmed by high conflict cases. That means the children involved. Most Judges are not concerned with the level of conflict in a case if it does not involve children. If children are involved, the parties will likely have many years in which they are forced to deal with one another in co-parenting.

High conflict cases can have serious consequences. For example, in most cases, joint legal decision-making (custody) is awarded. A high conflict case has a higher likelihood of a sole legal decision-making (custody) order. In addition, high conflict cases can the parties significantly more money in trying to prove or resolve the high conflict issues.

The court can order high conflict parenting classes. The Judge can also order parental evaluations for substance abuse, domestic violence, and mental illness along with child interviews. In many high conflict cases, a Parenting Conference or even full custody evaluations can be ordered. All these things will extend the time it takes to resolve your case and additional fees.

If you have a high conflict case, please contact our experienced Attorneys at Shaffer Family Law at (480) 470-3030 to schedule your consultation.

Unhappy child with spouse after family divorce

Is Your Child Refusing to Visit Their Other Parent? Chandler Arizona

Tips from Chandler family law attorney

Child custody is a difficult and emotional part of a divorce. And those issues do not necessarily end once you reach a child custody agreement. Problems may occasionally arise after a divorce, typically involving children. A common issue parents face is their child refusing to visit the other parent. If your child insists on not visiting your ex, your instinct will probably be to give them their way. A child custody arrangement is supposed to be about what is best for the child, right? But before you decide on what you should do, here are a few things to consider before moving forward.

Legally Required

Remember, a child custody agreement is not just a casual agreement between you and your ex. It is a legally binding contract that both of you are obligated to uphold. If you don’t follow the decided arrangements, meaning that you don’t drop off your child on the specified day and time, you could face legal charges.

Understanding Your Role in Visitation Arrangements

A child custody order requires parents to make a child reasonably available for visits, though making a child available doesn’t mean that one parent has to force them to visit or drag them kicking and screaming. For example, the arrangement might be that their father gets them on the weekend with pick up at mom’s house; their mom doesn’t have to physically deliver the child to dad. If mom can’t get a teenage child to leave her bedroom, it’s probably not mom’s fault that the visit didn’t happen.

However, each parent needs to communicate with the other parent when the child is sick or unable to make a scheduled visit. A parent who quickly and frequently talks to the other parent when a child is refusing visits will have a better outcome in court.

Although you need to follow the terms of your custody order as carefully as you can, there are situations where a visit may be impossible. For teenagers, especially older teens, they may refuse visits, and there is not a lot you can do as a parent. Though, with younger children, you may need to do more to make sure they don’t miss their time with their other parent.

Dealing with a Child Who Refuses Visits

If you have a stubborn child, the last thing you want to do is give in to them. It would help if you instead tried to find out why your child is refusing the visits in the first place.

· Did something negative happen at their other parent’s home?

· Have any significant changes in one parent’s household occurred that may be affecting the child’s attitude toward visitation?

· Are visitations between the parent and child new, and your child is having a hard time adjusting?

There are so many different circumstances that could be causing your child to act up, and each one will require a different solution.

To protect yourself in court, make sure to document each incident when your child refuses a visit and the reasons for your child’s refusal. You may have to testify in court, and having these documents can help you. The best thing you can do is to contact your ex as soon as possible. Give them a chance to talk with your child or develop other strategies together to help make the visit happen.

When a child refuses to visit their parent, it puts both parents in a tough situation. At the same time, your child’s safety is important, but so is protecting yourself. If you still have questions about visitation, contact a Chandler family law attorney at Shaffer Family Law for advice.

Child looking out the window thoughtfully

Emotional Toll of Divorce on Your Child, Chandler Arizona

Tips from Chandler family law attorney

Divorcing parents have a lot to consider and they must handle legal matters along with dealing with child custody and support. On top of everything, they want to preserve the well-being, health, and happiness of their child. You need to understand how divorce can affect children.

Shaffer Family Law examines how divorce impacts children on a psychological level. Note that no matter how well parents tackle the topic of divorce, there will always be some sort of negative reaction. After all, divorce is the first time many children experience an ending to something. They are going through the loss of something they depend on, especially since children look at their parents as a permanent fixture in their lives. Losing this structure will be a big hit.

Some children cope better than others, though some are less equipped to handle such big changes in life. They may turn to poor coping mechanics and become agitated, anxious, and depressed. It is common for children to lash out at peers or authority figures and those in school may start getting into trouble at school. Acting out is usually a way for an unhappy child to express their feelings.

Some children do the opposite and may internalize their grief. It is not uncommon for children to blame themselves for divorce and it could later create emotional problems including perfectionist tendencies, which can lead to self-sabotaging behaviors and mindsets. To help your child get through the divorce, you need to pay attention to how you react to certain situations. You should also keep track of how your child reacts to certain events, like when the divorce is finalized.

You need to guide your child so that they can take steps to correct any harmful behavior they may have developed. Supporting children through this period of instability is essential to ensuring they adapt well in the aftermath.

At Shaffer Family Law, we are here to help you through the hardships up divorce and we know all too well the effects that divorce can have on children. For any questions or if you would like to schedule an appointment with one of our attorneys, give us a call today at (480) 470-3030.

A special needs child in wheelchair and parent going at the beach

Divorcing with a Special Needs Child, Chandler Arizona

Tips from Chandler family law attorney

Divorce is hard enough when you have children, but if you are someone who is going through a divorce and has a child with special needs. When it comes to this, you may have additional matters to work through as you separate your life from your ex’s and plan for your child’s future.

Even if you and your former partner had come up with plans regarding care for your child down the line, you may need to revisit those plans once you decide to part ways. What types of matters might you need to address during divorce as the parent of a child with special needs?

Long-Term Care Costs

Depending on the type of disability your son or daughter has, caring for them over a lifetime could potentially hundreds of thousands. Have you and your former spouse planned the finances surrounding the finances that come with care? Is the responsibility going to be equal when it comes to paying for that care? Are you going to create a special needs trust? These are the things you should work through now, while your divorce is ongoing, to avoid unnecessary strife down the line.

Parenting Plan Considerations

Many divorcing parents find that creating parenting plans helps them avoid conflicts and stay on the same track regarding parenting. A parenting plan may prove even more critical, however, if you are co-parenting a special needs child.

In addition to talking over custody and visitation arrangements, you may also have to consider factors like transportation home after school. You must also think about each of your responsibilities regarding special dietary considerations, time spent on communicative devices, and more.

When you share a child with someone and make the decision to co-parent, you will need to continue to work with them until your child becomes an adult. When it comes to being the parent of a child with a disability, you may even need to work together well into your child’s adulthood. Setting a plan can help you do so with minimal drama and hardship.

At Shaffer Family Law, we know how hard it can get when it comes to navigating the difficulties that surround child custody issues. You can schedule a meeting with our team by calling (480) 470-3030 today!

stacks of money lost in divorce mistakes

Common Financial Mistakes to Avoid During Your Divorce, Chandler Arizona

Tips from Chandler family law attorney

During your marriage, you and your ex more than likely have funds and budgets together. These are sound marital practices, but divorce puts you in a position that requires an in-depth review of the income, expenses, and assets that you and your ex brought to the marriage and forces you to make essential decisions with lasting implications.

Too often, people underestimate just how complicated these issues can be and how important it is to make the right choices. Your best plan of action is to be informed, don’t rush the process, be practical, not emotional, and consider the future when you get your divorce finances together.

Here are a few things to avoid when going through the divorce process.

Not understanding your marital finances. The first step in reaching a fair financial outcome in your divorce is establishing where you and your ex-spouse stand. Establishing this requires you to review both your incomes and expenses carefully. You should evaluate all sources of income that your ex and you have, from your salary to investments and benefit plans. It will give you an idea of what your exact divorce finances.
Underestimating your monthly spending. You must figure out what you spend monthly and what your of living will be once you finalize your divorce. Ensure your monthly spending is estimated appropriately and that your budget is reasonable enough for your current standard of living. You will need to factor in future inflation (a common mistake), future s, and insurance. Your budget will become the starting point for determining alimony. This calculation needs to be correct because, if not, you run the risk of underestimating your future needs.
Keeping the family home when you can’t afford to. A house is more than another asset; it’s an intimate place with a priceless emotional value. However, you need to be realistic and protect yourself from future financial trouble when settling a divorce. Unfortunately, this means making tough decisions, like admitting you cannot afford the home. If you ignore the numbers and attempt to hold on, you could find yourself struggling under the weight of the mortgage, maintenance, and property tax s.
Not understanding your responsibility to pay the marital debt. In most cases, if there is debt acquired during your marriage, it is a shared responsibility. Dividing marital debts is part of the divorce process, but debtors often do not listen to the arrangements you and your ex made. Unexpected debts like this could cause complications and sudden stress in your divorce finances if you are unaware of your responsibility, or if your ex accepts responsibility yet fails to keep up.
Choosing the wrong attorney. Your divorce is already stressful and time-consuming, especially when figuring out your divorce finances. An aggressive lawyer may frustrate your ex, which can cause negotiations to turn hostile. Additionally, an attorney that instigates a fight runs the risk of squandering your share of the marital estate. It is best to find an attorney that will advocate for your best interest in a professional way, which means leaving emotion out of it.

There is certainly a lot to consider, and it can be overwhelming. But taking the time to be informed and find all the circumstances with the knowledge of your current situation can help you avoid these divorce finance mistakes. Remember, try to act from logic and consider finding trustworthy, qualified financial professionals for the best possible outcome. Our attorneys will advocate passionately on your behalf. Give our Chandler office a call today at (480) 470-3030.

Divorcing During the COVID-19 Pandemic, Chandler Arizona

Tips from Chandler family law attorney

At Shaffer Family Law, we know you are struggling to cope with everything surrounding COVID-19. Whether you’re an essential worker who has been risking your life every day that you go to work or got laid off because your company had to shut down, we are all out here trying to keep our sanity. We are all learning to navigate a new way of life that involves social distancing.

However, families still need legal help. Many clients wonder how COVID-19 will affect their divorce, and many are wondering if they should do it during the pandemic or wait?

Here is what is happening:

Divorce rates will increase. With social distancing governing day-to-day lives, and with families living 24/7 in close quarters, we will see a significant increase in divorce filings. Historically, divorce rates have increased during worldwide crises, and this will be no different.

Filing for divorce now will get you ahead of a court backlog. Simultaneously, to practice social distancing, courts are limiting the number of hearings taking place. Because of these restrictions, there will be a backlog of divorce matters in the queue. If you know you want a divorce in the coming year, now is the time to file. Beating the delay will increase your likelihood of getting divorced in 2020.
Filing for divorce now will protect your financial liability. According to Arizona law, your marital community and its associated assets and debts exist from marriage to the date of service of a divorce petition to the other party. What does that mean for you? If you file for divorce now, your liability for your spouse’s financial choices will terminate once they have divorce papers. With the uncertain nature of our economy, filing for divorce may be crucial for protecting you from bad or poor financial behavior and choices of your soon-to-be-ex.

If you are considering or currently going through a divorce, contact the attorneys at Shaffer Family Law by calling our office at (480) 470-3030 to schedule a consultation. We remain fully operational while practicing appropriate social distancing and cleaning regimes.

woman supporting child | Shaffer Family Law

Can an Attorney Help with Child Support in Chandler Arizona Cases?

Tips from Chandler family law attorney

When couples with children divorce, it typically means that the father is granted some visitation rights or custody, though they must pay the mother child support. This payment approach can be reversed in certain situations. A family court judge can help make a decision based on the wellbeing of the children but will also consider the rights of the parents when determining visitation rights.

Child support is calculated differently by each state, though it is based on whether both parents have joint custody or if only one person has sole custody of the children. A professional child support attorney Shaffer Family Law will be able to provide you with the information you need.

Parents with primary custody are often eligible to receive child support payments from the other parent. This support covers s for basic needs, including medical care, childcare, educational expenses, transportation and travel, entertainment, and extracurricular activities. Once an agreement is decided, a parent may raise or lower child support due to situations like changes in income or changes in split custody.

Our attorneys for child support can make the child support implementation and modification processes easier on the parents. Our attorneys will be able to explain child support rights to you and answer questions you have regarding which situations qualify for child support modifications.

Issues regarding child support can be complicated for both parents. Attorneys can also help a custodial parent recover back child support that has not been paid by the other parent. An attorney with experience in this area of the law can make things easier to understand by explaining the rules, regulations, and steps involved with enforcing or complying with child support orders and making or receiving child support payments.

This legal professional will also ensure that child support rights are adhered to, safeguarding the rights of children to benefits and education in a public institution.

Attorneys assess child support cases and file documents, clarify terms of child support orders, calculate anticipated child support payments, and collect and enforce these payments. They enter relevant negotiations on behalf of their clients and protect the interests of clients during court proceedings. The of hiring an attorney is often worth it because it saves the client time and effort and streamlines the child support process.If you are a divorcing parent, explore the differences between mediation and litigation for child support and consider consulting with a lawyer. Most attorneys will provide an initial consultation before services are retained. Parents can use this meeting to learn about the experience, availability, strategy, and fees of the attorney. Even if you are not going through a divorce, but you have a child support problem, contact us immediately for your informative consultation!

Child doesn't want to see parent after divorce | Shaffer Family Law

What to do When Your Child Doesn’t Want to See Their Parent, Chandler Arizona

Tips from Chandler family law attorney

You have primary custody of your child, and your co-parent legally has visitation rights detailed in your custody and visitation agreement. However, there may be a time when your child is supposed to their parents’ home, but they refuse to or throw a tantrum.

This may cause your co-parent to believe that you caused your child to turn against them. However, you know it wasn’t anything you said or did to influence their opinion. And now you there’s the risk of being penalized by the court for not adhering to the parenting time arrangement. What are your options?

Well, first, you need to find out why your child doesn’t want to visit their other parent. In many cases, there’s a new significant other they don’t like or something simple like their other parent doesn’t have good wi-fi. Whatever the issue is, if it’s not something that is going to affect your child’s safety or well-being, they will need to visit with your co-parent.

No matter how you feel about your co-parent, it’s important that you encourage the visits and work with your co-parent to resolve the issue. When you show you child that you two are united, it can show you child that they can’t play one parent against the other.

Family court judges do consider each child’s preference when making decisions about parenting and visitation rights. A child is generally not allowed to refuse visitation with a parent until they turn 18.

The custodial parent can file a request to change the custody agreement due to the child’s reluctance to visit with their non-custodial parent. However, the court’s decisions will be determined by the best interests of the child. In some situations, these interests aren’t what the child’s desires.

If you have any questions about your custody deal, give Shaffer Family Law a call at (480) 470-3030 today.

Domestic Violence in Divorce Cases, Chandler Arizona

Tips from Chandler family law attorney

Domestic violence is a problem that can influence every part of your life. If you are a victim, it is common to feel isolated from your friends and family. And when we feel alone and scared, it’s even harder to leave an abuser and start a new life.

The situation becomes even harder if you have children with your abuser. Research has shown that roughly 60 percent of abusers who attack their intimate spouses also direct some of their violence towards their children.

One crucial thing to remember is that domestic violence can play a considerable role in your decision to divorce. You may need legal assistance to help gain your freedom and the attorneys at Shaffer Family Law can help you by representing your case before the court.

Domestic violence is an area of the law that often has criminal consequences and has a big influence on the result of a family law case. A conviction following domestic violence charges can have negative implications on a child custody case, often because of the indication of child endangerment.

Our attorneys are prepared to advocate zealously on your behalf regardless of how far the domestic violence case has gone forward. Give our Chandler office a call today at (480) 470-3030. If you need help with this situation, give the National Domestic Violence Hotline a call at 1-800-799-7233.

Tips from Chandler family law attorney

Copyright © 2022 Shaffer Family Law