Attempting to get custody of a child can seem like a daunting and complicated process. However, don’t let this stop you from trying. It’s important to do what’s right for the child or children, even if that means filling for custody so that you are awarded guardianship. It’s good to know that parenting time (child custody) laws do differ from state to state in many notable ways, however, the process is usually the same.
If you live in Arizona, you’ll need to hire a reputable Arizona child custody lawyer to help you through the process, which can be lengthy depending on the circumstances. To help guide you down this path, we have compiled a comprehensive guide to the Arizona parenting time (child custody) process so that you understand everything that needs to be done so that you increase the chances of winning the case. As notable Arizona parenting time (child custody) attorneys, we have extensive experience and knowledge on the subject and hope this helps you fully understand what will happen during the entire legal process. This is a general idea and you’ll need to speak with an Arizona parenting time (child custody)) lawyer in order to get better information as it deals with your specific background, intent, and case.
Meet with An Arizona Parenting Time (Child Custody) Attorney
First and foremost, you’ll want to meet with a well-known Arizona parenting time (child custody) lawyer about your case. This way you aren’t entering the process blindly and will have someone with experience in these matters guide you along the way. You’ll want someone well versed in Arizona parenting time (child custody) law to represent you so that you have better chances of winning custody of the child or children.
1. Filling Out Paperwork
To get the custody process in motion, you must first fill out extensive paperwork, which your Chandler Family law attorney will provide. Yes, this step will be tedious given all the paperwork that needs to be filled out, but it’s essential in starting the case. A few of the documents necessary include:
A Notice of Appearance, which is filed with the court to declare that you’ll have an Arizona child custody lawyer representing you on the matter.
The Family Court cover sheet/Sensitive Data Sheet that will require you to fill in sensitive information like birthdays, Social Security numbers and the like.
A Summons to Respond/Appear letter
A Petition to Establish Paternity, Child Support, Child Custody and so on, which will depend on your specific nature of the matter.
A cover sheet
You will also have to submit a filing fee, which can differ depending on which county court you file your paperwork in. You’ll also need to certain paperwork notarized by a Notary Public. You might also need to file the forms in person at your local courthouse, but most likely, your Chandler Child Custody attorney will do this for you.
2. Serve the Other Party Involved in the Matter
Once the paperwork has been filed, it’s time to serve the other party involved in your custody matters. The best way (and the cheapest way) to do so is via certified mail, with restricted delivery and return receipt. You’ll definitely want to use restricted delivery if there’s someone else that lives with the other party and who might sign for the delivery (this could invalidate the service). This will between $10 and $20, depending on the weight of the documents. The fee will also depend on whether you want a physical postcard to be returned to you or electronic confirmation.
But if they refuse to sign for the certified mail, then you’ll need to hire a process server to do so, which can set you back up to $100. The will depend on the company you use, how far away they’ll have to go and how hard it will be to serve the other party. But if this doesn’t work, too, you can ask the court to be able to serve by alternative methods. However, you’ll need to prove that you ran out of all reasonable options or don’t know where they are.
3.Register for A Parenting Class
More than likely, the court will ask that you register for a parenting class. This doesn’t necessarily mean that you’re a bad parent. Know that it’s just part of the Arizona Child Custody law process. You’ll need to take a certified course within 45 days after you’ve served the other party. The fee for the parenting class will vary and you can find information on courses on Arizona’s Superior Court’s website. Check out this article for parenting class tips:
If you and the other party agree to all terms of the child custody matters, and then continue to do so, you’ll have to wait at least 60 days after service is affected to be able to file a consent decree that all parties have signed. It may take a while for a judge to sign it (they have up to 60 days to rule). However, you should get back the order no more than three months after starting the entire child custody process.
5. Wait for A Response
If all parties live in Arizona, then you’ll have to wait 20 days once they’ve been served to respond and 30 days if they live out of state.
6. File for Default Judgment If There’s No Response
If the other party doesn’t get responses back, you can now ask the court for a default proceeding against them for failing to appear or responding in a timely manner. Most likely, you’ll get everything you initially asked for in the petition (within reason), but still, need to wait about 90 days from the filing date before a judge signs off on a default decree.
7. Head to Court
If there is a response, then the case will be assigned to a judge’s division and a preliminary hearing will be set up. This is referred to as a Resolution Management Conference, where the judge wants to hear from both parties before they reach an agreement. If no agreement is settled upon, then the court will set a trial date, where you’ll need to be represented by an experienced Chandler Child Custody attorney.
If you’re thinking of getting a divorce or just decided that you and your partner will be separating, you’ll need to know what the divorce process entails before you go through with it. Knowing what to expect will make the process a lot easier and less overwhelming. When going through a divorce, that last thing you want it to be confused by the entire process, which is why many decide to hire a Chandler Divorce attorney for those living in Arizona.
Divorce, or the Dissolution of Marriage, as the courts call it can be a complicated process depending on if you have children, shared finances, property, and other complex situations. While some decide to go through an Arizona divorce court on their own, it’s best that you hire the Arizona divorce lawyer with the best reputation in the state! This way, you have professional help when it comes to making decisions about any children, pets, alimony, debt and property division and other issues needed to be reconciled during the divorce process.
The Complexity of Divorce Cases
The process can be different depending on what state you’re in, so it’s important to find the right Arizona divorce attorney to represent you in such a trying and difficult time. When you’re working with the experienced Arizona divorce lawyer of your choice, you’ll find the process a bit easier since they’ll be helping you along the way. The amount of time it takes to divorce in Arizona will vary from case to case, but State law requires that you wait at least 60 days from the date of service before you can go ahead with the divorce.
One huge factor to consider in a divorce is children, which can prolong the entire process. Another important variable to consider when figuring out how long the process will be is whether you and the other party can work together to reach an agreement on things that must be decided in the divorce. The right Arizona divorce lawyer can help you with both these matters.
Here’s a helpful guide on what the Arizona Divorce Process usually entails:
1. Filling Out Paperwork
To get a divorce in motion, you’ll need to fill out all the necessary and required paperwork. This can be a tedious task given how much paperwork you’ll need to complete to start the divorce case. Here are a few forms you’ll need to fill out:
Summons to appear or respond
Preliminary injunction that will tell both parties what can be done or not done while the divorce is pending.
Family Court/Sensitive Data Coversheet with sensitive and private information that includes your Social Security, birthdates and the like.
Health insurance notice and Creditor notice
Petition for Dissolution of (Non-Covenant) Marriage With/Without Minor Children
Notice of Appearance if you’re going to have a Chandler divorce attorney represent you.
There will be filing fees associated with the paperwork, but the Arizona divorce attorney you choose might include this in their fees. They’ll also be able to submit the necessary paperwork to the court.
The person starting the divorce is called the Petitioner, while the other party is the Respondent. If there are children involved, you’ll need to go to a parenting class. This is for everyone and does not reflect that you’re a bad parent. You’ll need to find a certified course and that fee can vary. Your Chandler divorce lawyer will be able to help you sign up for a parenting class if needed, too.
It is also good to know about the child custody process if you are engaging in the divorce that involved children. Check out this guide below we explain it very clear:
Once you’ve filled out all the paperwork necessary for Arizona divorce court, you’ll then need to serve the other party involved using a process server. This can be done with certified mail or hiring a process server to go out and serve them the paperwork. The Respondent now has 20 days to respond after being served if they are in Arizona, or 30 days if they are out of state.
3. If the Respondent Has No Response
If the Respondent doesn’t respond within that time frame, the Petitioner can now file for default. Now the Respondent only has up to 15 days to respond. If they still don’t respond, then the divorce will most likely be granted on the terms of the Petitioner. If the case has defaulted, the Decree of Dissolution of Marriage might cover the following issues:
Determination of responsibility of debt accrued during the marriage
Determination of liability for fees
Restoration of the person’s last name for the Respondent
4. If the Respondent Responds
If the Respondent does respond to the Petition for Dissolution of Marriage, then now both parties have the option of settling all issues in their divorce. If they are able to settle the case, they can submit the agreement to the court with a proposed divorce decree. But they can’t submit these documents until 60 days from the date the Petition for Dissolution of Marriage was first served to the Respondent.
5. If the Parties Can’t Settle Their Case
If both parties can’t settle their case, then it will enter the discovery and disclosure phase of the divorce. According to the Arizona divorce law process, each party will accumulate and share information and documentation in the divorce proceedings. Things like income tax returns, copies of debt and the like will be turned into the court. Discovery is the process where both parties can ask for additional documentation that isn’t normally obligated, such as phone records if the Petitioner is trying to argue that the Respondent cheated.
If no resolution is agreed upon, then the case will go to trial in an Arizona divorce court. The judge will have up to 60 days to issue a decision after the trial is completed and the case is over.
This is the process in a nutshell, and each divorce will vary from case to case, which is why you’ll want an experienced Chandler Family law attorney on your side throughout the process!
The thought of going through a divorce with your ex is bad enough, but factor in trying to decide who gets the house, will you split the kids 50-50 or gets the dog can really stress you out. Divorces are no fun no matter how you look at it. But the good news is that not all divorces are as intense as TV and other entertainments make them seem. Many legal disputes don’t make it to trial and are usually resolved by a settlement outside of the courtroom. It’s good to know that all divorces are different. So, what your few friends went through with their divorce process doesn’t necessarily mean you’ll go through the same with yours. There are alternate dispute resolutions in Arizona methods that your lawyer will talk to you about. To help give you a better idea of what they are so that you have some understanding of them when your lawyer explains them to you, we’ve provided a quicker guide on alternative dispute resolutions for divorce.
What is alternative dispute resolution?
The term “alternative dispute resolution” refers to the different methods you can use to resolve an argument or dispute. The main objective is getting all parties involved to agree on certain things, putting aside their differences so that the case doesn’t need to be handled in court. It’s an alternative to court and having to present the case in front of a judge. It’s actually quite popular in many divorces since it allows both parties to resolve their differences, usually with money, emotions, and family. It is done without having to spend a lot of money and time preparing for court. There are a few different types of alternative dispute resolutions in Arizona, including mediation, arbitration, and collaborative law. Since it’s not for everyone, many lawyers will have you explore these options before you move on to a courtroom battle with your ex.
What is mediation?
Mediation is when both parties work together with a natural third party to come to an agreement or resolution that the parties develop on their own. The mediator will ask questions, give both parties homework to prepare and help them make the right decisions needed to resolve any problems as they dissolve the marriage. The mediator will also help evaluate any options they propose so that both parties are happy with the outcome. The mediator can’t be connected to either side since they must remain neutral throughout the entire process. They’re also trained professionals that help both parties reach a mutually agreeable outcome in their divorce. This method can be very successful if you’re having an amicable divorce with your ex and could be a less expensive option than hiring a lawyer and going to court. Although not required, you can still hire a lawyer to act achieve greater mediation success. So, the attorney acts as a legal coach to provide advice during the process.
What is arbitration?
Besides mediation, arbitration is another way of resolving disputes which involves a third neutral party. The third person is a trained professional and doesn’t have any special interest or connection with either side of the argument. The person will hear both sides of the case and then make a decision as to the merits of each party’s stance on various issues. Usually, the person hired to lead the arbitration hearing is a lawyer or, at very minimum, familiar with the law and past court rulings. This alternative dispute resolution in Chandler is usually chosen when mediation isn’t an option due to opposition from one party. There can also be an arbitration panel with multiple arbitrators hearing the case, which will decrease the risk of an inappropriate decision being made. So it’s sort of like hiring a jury for increased checks and balances. After each side presents their case (much less formal than a courtroom), the arbitrator(s) will make their final decision on the case. This type of alternative dispute resolution in Arizona is usually more structured than mediation and the arbitrator’s decision in the case is not necessarily final. Both parties might still be able to resolve other issues in court in the future. It’s good to note that many out-of-court settlements will need some level of court approval. Arbitration isn’t a good choice for you if you would rather retain the power to renegotiate or possibly change the divorce agreement.
What is collaborative law?
Collaborative law is where both parties sign an agreement saying that if they aren’t successful in resolving the case, then both attorneys will then withdraw their arguments and then start over again. If needed, a team of experts will work with both parties in specialized areas like children’s needs, finance, valuation of assets and the like to be able to come to an agreement. This is the newest alternative dispute resolution in Chandler for divorcing couples that allows both parties to reach an equitable settlement. Everyone wants to settle out of court and will start all over again with new litigation lawyers if the parties fail to reach an agreement. It can be very effective for divorce since there are various professionals that can help the case and its various aspects. It’s a great choice if both parties are willing to negotiate in good faith and want to reach a mutually agreeable settlement in less time.
Meeting with a divorce lawyer will help better explain the various alternative dispute resolutions in Arizona and guide you as to which option is best for your case. But if your divorce is pretty straightforward, you can most likely do mediation. But if your divorce is complex, then arbitration could be better.
Some states now require couples to try and use some form of alternative dispute resolution before moving forward in family court, so it’s a good idea to understand all of your options. The lawyers at Shaffer Family Law will be available for you through the whole process. Give us a call at (480) 470-3030.
First, the good news: overall divorce rates in the U.S. have declined in the past twenty years. But there’s some not-so-good news for married couples over fifty: in that age group, the rate of divorce has increased; in fact, it has doubled. As of 2012, one out of every four people going through divorce was over fifty — and one in ten was over sixty-five.
Fifty is by no means “old,” but we refer to couples over fifty going through divorce as “older couples,” because most people who divorce do so earlier in life, after fewer years of marriage. Why the increase in the divorce rate for older couples, whom you would think, by this stage in their marriage, had worked out the bugs, so to speak? And what considerations do older couples need to take into account?
Why Are More Couples Over Fifty Divorcing?
There are a number of possible reasons for the increase in divorce for couples over fifty. One is that there’s less stigma attached to divorce than there used to be. It could be that as more people see others their age pursuing a divorce, they realize they don’t have to stay in an unhappy marriage because society expects it.
They also may not have realized the depth of their unhappiness until they were in their fifties. Busy work lives and hours devoted to children and their activities can mask the fact that a couple has little in common. Once retirement comes and the nest is empty, one or both partners may see that what’s left is not enough. Women, who in the past may not have been able to survive financially after divorce, are more likely to be self-supporting now, and less likely to stay in an unhappy marriage for financial reasons.
There’s also the statistical reality that second marriages are more likely to fail than first marriages, and third marriages more likely to fail than second ones. Some of the couples who are going through a so-called “gray divorce” may not be divorcing for the first time. That said, more than half of all gray divorces are to those who are in a first marriage, and the majority of those have lasted over 20 years. This may be because expectations for the fulfillment marriage should offer have risen over time. Simply put, people want more out of marriage than their grandparents did, and they’re more willing to leave if they don’t get it.
What Do Divorcing Couples Over Fifty Need to Consider?
There are two overarching themes divorcing couples over fifty need to take into account: social/emotional and financial.
On the social/emotional side, think about your support system. By the time you’re in your fifties, many of your friends tend to be other couples. Your divorce decree doesn’t say who gets custody of the friends, but it’s worth thinking about, as friends tend to drift toward one divorcing spouse and away from the other. Who will be your support system when you divorce, especially if you initiated the divorce or others see it as being “your fault?”
Additionally, while you may not have to worry about custody and parenting schedules, your divorce will have an impact on your relationships with your kids. If your adult children blame you for the divorce, you risk becoming estranged from them and your grandchildren, further weakening your support system.
Then there’s the financial side of things. Despite the conventional wisdom that men’s standard of living goes up after divorce and women’s goes down, the reality is that both may suffer. There are now two households to support, not one. There may may no longer be child support payments, but there might still be children to put through college. Who is paying the tuition? What happens if they don’t?
And don’t forget alimony, also known as spousal support. If one spouse was out of the work force for years caring for the kids, it’s unlikely that he or she is going to be able to pick up and be able to re-start a career that will allow for self-support this close to retirement age. And speaking of retirement, retirement benefits earned by one spouse during the marriage are community property. In short, divorcing after fifty means that couples may have a much different, and less comfortable, retirement than they had planned.
Even with the potential emotional and financial challenges, getting a divorce after the age of fifty might still be the right decision for you. You have a lot of life ahead of you, and the power to make the next chapter a good one.
If you’re over fifty and considering, or confronted with, a divorce in Arizona, you have many issues to think about. We invite you to contact Shaffer Family Law at (480) 470-3030 today to schedule a consultation with an experienced Arizona divorce attorney who can properly advise you regarding the appropriate next steps.
The First Consultation with a Family Lawyer – Things to Prepare, Chandler, Arizona
If you’ve found the best Chandler divorce lawyer and have your initial consultation with them, you’ll need to prepare a few things to the meeting. The initial consultation is where you’ll be able to explain your situation, discuss the sort of divorce you’re looking to have, and ask the lawyer questions about the entire process. The lawyer will ask a lot of questions, so you’ll also want to be prepared with knowledgeable answers so that both of you could see if the relationship would be a good fit.
Besides your own questions, you’ll want to prepare a few divorce documents for your family lawyer consultation to really make the best out of the meeting. Not many people know what sort of divorce preparation they should do before meeting with their potential Chandler divorce attorney. To help you make the most out of your family lawyer consultation, we created a chart that will explain steps on how to best prepare for your first consultation with a family law attorney:
There are more things you need to know before meeting your family lawyer for the first time:
Gather key facts about your case
As soon as you sit down with the lawyer, they’ll ask you to describe some key facts that made you want to seek an attorney. Usually, clients will describe stories in a choppy way or with key events and facts out of order. This won’t help your case, so the best divorce preparation is one that has key facts written down, in order and are cohesive. You’ll want to write down your side of the story as if you were telling a story, doing it in chronological order and identifying key names and dates. Don’t go write a novel and try to keep it all down to just one page. This will make you understand the overall narrative of the case so that you provide a comprehensive summary. At the end, include a small description of what you would like to see happen. This tells the lawyer what you’re hoping for them to achieve if they take on your case.
Still not sure what to do? Check out this divorce guide to see how the process works and what documents do you need to prepare:
Another thing you’ll want to do in your divorce preparation is to prepare any evidence or documents that’ll support your case. Besides hearing your narrative, the lawyer will also want to see any documents for informational purposes and to assess the strength of the case. Divorce documents to include are any financial statements, phone, email or social media records if they’ve been caught cheating, tax returns, or anything else you think is relevant and will help your case. It’s okay if you don’t bring all the divorce documents at the consultation since the lawyer will tell what else is needed at a later time. Before the meeting, though, gather the divorce documents and organize them in a binder to make it easier for the attorney to go through.
You may also review your attorney’s website before your visit to see if there are any specific documents or information your attorney requests that people bring with them to the initial meeting.
If your spouse has initiated the divorce, it’s essential that you bring any papers you’ve been served with to the attorney. You have a very limited time to respond to the allegations in a divorce petition. If no one has filed for divorce yet, you should bring basic biographical information — names, addresses, important dates — that would help your attorney to prepare a divorce petition on your behalf.
While it’s not critical to bring financial documents to your first appointment, it is helpful. This information will be relevant at some point. It is quicker and much more -effective for you to gather bank statements, income tax returns, credit card statements, retirement and investment account statements, and the like than for your attorney to have to request them later from opposing counsel. (For a list of documents to gather, see our Top Ten Things You Should Do Before Filing For Divorce.)
Did you know as of 2022 social media has been often used as evidence in a family court? If you didn’t, it is good to know when you share anything on Facebook, Instagram or Twitter, because it can be used against your spouse and determine the result for a divorce case.
At the beginning of the consultation, the lawyer will ask you if there are any conflicts of interest that might prevent them from ethically representing your case. They might ask you to bring a list of individuals who might be defendants or witnesses in the case. This is just to check of the law firm represents anyone on the other side, which would be a conflict of interest for them.
Think about your goals for representation beforehand
Don’t just go into the family lawyer consultation saying you want to have a divorce. You’ll want to figure out your goals for representation as you gather divorce documents, too. You’ll want to be clear and specific about your objectives and what you from the case. Prepare a list of goals that you hope the lawyer can help you achieve.
Hiring a divorce lawyer will help you accomplish your goal and avoid frustration and unexpected mistake:
You’ll have a lot of questions for your initial consultation and the last thing you’ll want is to forget them while talking with the attorney. To make sure that you get everything you’re wondering answered, take the time to list them out on paper ahead of time. Some ideas on questions including:
Have you represented similar cases before?
What’s been the outcome of your last few cases?
How is the other side most likely to respond?
Is there anything else they’d like to see to evaluate your case?
What are your legal and non-legal options?
What percent of their practices is in the area of expertise you’re looking for?
Do they see any problems with the case?
What’s the process like for the case and how they’d go about handling it for you?
How long do they predict the whole process will be?
What do they charge for their services?
What do they predict the outcome of your case will be?
Ask for the attorney’s client intake sheet before the meeting
Many lawyers require that new clients fill out an intake sheet before the family lawyer consultation. Make sure that you fill it out completely before the meeting. If they don’t bring one up on that initial phone call, ask if one is required to complete and how they’ll send it over to you.
Provide information about the other party
You’ll want to bring any relevant information about the other party, including pay stubs, where they work, relevant facts about their personality, etc. Also, note if there is a history of mental illness since this information can help your divorce case in court.
8. (Additional Tip) Review your attorney’s website before your visit
The last tip from us is to visit your attorney website to see if they have frequently asked questions about a family law case that would answer any other questions you may have and also if there are any specific documents or information your attorney requests that people bring with them to the initial meeting. If your spouse has initiated the divorce, it’s essential that you bring any papers you’ve been served with to the attorney. You have a very limited time to respond to the allegations in a divorce petition. If no one has filed for divorce yet, you should bring basic biographical information — names, addresses, important dates — that would help your attorney to prepare a divorce petition on your behalf.
Preparing Emotionally and Mentally
You may have been thinking about divorce for a while, but actually sitting down with a lawyer takes things to another level. Or perhaps your spouse has blindsided you with a request for a divorce. No matter what your circumstances, meeting a divorce lawyer for the first time can be stressful, because it makes the prospect of divorce more real.
Divorce can make life feel out of control. A good divorce lawyer will help you take the reins again. Pay attention to how talking with a prospective lawyer makes you feel. No matter how skilled, an attorney who ramps up your anxiety may not be a good fit for you. The right lawyer for you will not only have extensive experience with Arizona family law but will make you feel that you have a trusted advocate in your corner.
Divorce preparation is key to a successful case, even if you’re barely meeting with the lawyer for the first time. Gathering everything you need will help the lawyer figure out if they can take on your case and will make it easier if you’re planning on meeting with several attorneys regarding your divorce. You’ll simply need to take your pre-made binder to each consultation instead of having to prepare for each consultation!
At Shaffer Family Law, we know our clients are counting on us to be their guides and advocates in the legal system. We also understand how stressful divorce or other family law case can be on a personal level, and it’s important to us to offer the support our clients need from their first appointment through the resolution of their case. To learn more about how Shaffer Family Law experienced family law attorneys can help you, contact Shaffer Family Law online or call (480) 470-3030 today to schedule a consultation.
You’re in the midst of a divorce, one of the biggest and most stressful events of your life, and your divorce lawyer won’t return your phone calls. There might be any number of reasons why, but understanding the problem is only the beginning of finding the solution. Your goal is to get your questions answered and your stress level reduced–not increased by the frustration of being unable to communicate. Here are some tips for getting what you need from your divorce attorney without your blood pressure going through the roof:
Set expectations early.
If you’re early in your attorney-client relationship, ask the following questions in an initial meeting: How long should I wait for a call back if I call you? How often should I expect updates about my case? What’s your preferred way to communicate? What kinds of things should I contact you about, and when should I deal with your staff instead? Take note of the answers.
Assess the reason for your call.
It seems obvious, but many people pick up the phone and dial without knowing what their objective is. If you know what you need, you’ll be able to ask for it more efficiently. Your lawyer’s a lot more likely to call you back (and less likely to bill you for it) if he or she knows it will be a two-minute call instead of a twenty-minute one. Or, in figuring out your objective, you may discover that what you’re looking for is something you might better find elsewhere, like emotional support for the stress you’re going through, and you may decide not to call your attorney at all.
E-mail is your friend.
If you’re calling to convey factual information or ask a brief question, consider doing it by e-mail. First, this gives your attorney a record of what you wanted to communicate, and second, allows them to respond when they have a moment – which may not be when you’re free to talk. Even if the information merits a call, an advance e-mail can make the call more efficient.
Rely on paralegals and assistants.
It may be that your question doesn’t need to be answered by your attorney. Try his or her paralegal or assistant first. Support staff often have a wealth of knowledge, especially about procedural things. If the support staff isn’t equipped to answer your question, they’ll give it to the attorney, who now knows his staff has deemed it necessary for him to deal with.
Don’t make threats.
Yes, your attorney has an ethical duty to keep you informed about your case. That doesn’t mean he or she is subject to disbarment for failing to call you back quickly. Threatening to call the State Bar on your attorney will not make him want to do his best work for you. Thinking about your own work experience, how do you feel when you hear that a customer who is known for harsh language and complaining is waiting for you to pick up on Line 1? Your attorney gets the same feeling. Also, don’t make threats to fire your attorney unless you really plan to. No one responds well to ultimatums.
Make an appointment.
If all else fails, make an appointment for a fifteen-minute phone call or a face-to-face meeting. Explain, with specific examples if possible, how your expectations for communications have not been met, and ask the attorney what he or she thinks is causing the breakdown. Listen to the answers, and be ready for the possibility that you bear some responsibility. Also be prepared for the possibility that you and your attorney are not a good fit and that you may need to consider retaining a different attorney. It’s better to do that than have the outcome of your divorce jeopardized by inability to communicate with your attorney.
If you need to get a new attorney…
Choose carefully. Get referrals from people you know and trust in order to choose the best divorce attorney for you. Interview your prospective attorney, and make clear that communication is important to you. As noted above, ask how, when, and with whom you can expect to communicate, and clarify what to do if those expectations are not being met.
The bottom line is that, although your attorney is surely busy, they should recognize that you are relying on them for information about something that will affect your life and your relationships. Your attorney deserves to be treated with consideration and respect, but so do you. Your relationship with your divorce attorney is a partnership, which like all partnerships, requires regular and clear communication. If you do your part, your attorney will be able to do his or her part much better.
Learn more about why we believe mutual respect and solid communication between divorce lawyers and clients is so essential. We invite you to Shaffer Family Law online, or call (480) 470-3030 today to schedule a consultation.
When your marriage has fallen apart, it seems natural to share your feelings with your friends — and increasingly, the way we do that is on social media. Whether you’re venting anger or celebrating a fresh start, you should be very careful what you share, and how, on Facebook, Twitter, Instagram and all the other websites and apps.
Don’t think that just because you’ve blocked your soon-to-be ex, you’re in the clear. You’d be surprised at what information can make your way to your spouse, or to your spouse’s attorney. A good rule of thumb is that you should never share anything on social media that you wouldn’t be willing to say in front of a judge at a divorce trial.
How can you protect yourself from the consequences of your life online? Read on to find out.
Get an Electronic Divorce First.
Spouses often share devices and even passwords. You’ll want to stop that right away. On the one hand, changing passwords and safeguarding your laptop may alert your spouse to the fact that you’re contemplating divorce, or at the very least that you’re hiding something. On the other, you simply have no reasonable expectation of privacy if you share passwords. Also, stop using a shared computer if you haven’t already; your spouse may be able to access the history of your activity.
However, you should not delete or alter existing posts in social media, as a court may view that as deliberate destruction of evidence. Just deactivate the accounts. Besides, even if you think you’ve wiped something incriminating off of the internet, you don’t know who has a screenshot that could later reveal you to have said or done something that reflects poorly on you, as well as to have lied about it or attempted to cover it up.
It’s Not Just What You Say; It’s What You Do (And What Others Do).
You’re smart enough not to post a status update that says, “Heading off to Vegas for the weekend with my girlfriend (don’t tell my wife)!” But you may be using social media without even realizing it, using your Facebook info to log into another site, for instance. Some people have even used account information for their social media to sign up for dating sites.
And it’s not just your own social media use you have to worry about. You may have blocked your own posts from everyone you don’t want to see them, but if you’re tagged in someone else’s photo, or even if you’re just pictured, say, embracing someone who is not your spouse, that can come back to haunt you. Everybody’s got a phone, and every phone has a camera, and every camera can upload pictures to social media quicker than you can say, “lost custody.”
A colleague had a client who suspected her husband was having an affair with a mutual acquaintance. His social media was locked up tight, and the wife couldn’t see it. The suspected girlfriend, however, had wide-open privacy settings, such that the wife, was able to see, and take screenshots of the girlfriend’s posts. This included a picture of her snuggling on the husband’s lap and a status update in which she gushed about the bracelet he’d bought her.
Even if posts are not incriminating in and of themselves, they may give your spouse and his or her attorney ideas to pursue during the discovery phase of your case. In the example above, the wife’s attorney was able to sleuth out a secret bank account the husband was keeping, and the husband wound up having to repay the marital estate for the money he had spent on the girlfriend.
How Not to Get Burned by Social Media in Your Divorce
The best advice is simply: don’t use it, with the possible exception of career and professional networking sites like LinkedIn, where you don’t really post personal information. Ask your friends not to tag you in pictures, posts, or tweets. And since you can’t control what other people ultimately choose to take pictures of or post, try not to place yourself in a situation you wouldn’t want brought to your divorce judge’s attention.
If you’re contemplating a divorce and have children, no doubt the issue of custody is on your mind. You may have heard horror stories from friends and families of children passed back and forth between parents’ homes like a football, never quite settling in, often acting out. You don’t want that for your children—but what is the alternative?
One option is what’s called “bird’s nest” custody. In bird’s nest custody, the children don’t move back and forth between parents’ homes. Instead, the children remain in one home, and the parents take turns living in the “nest” with them. When it’s not one parent’s turn to spend time with the kids, he or she lives elsewhere.
Advantages of Bird’s Nest Custody
Obviously, the biggest advantage of bird’s nest custody is the children have stability in their living situation. They have one bedroom, not a room at each parent’s home that somehow never feels fully like their own. They never have to worry if they’re sleeping at Mommy’s or Daddy’s house tonight, or if they left their soccer uniform at the “other” house. If a neighborhood friend is having a sleepover, children don’t have to miss out because they’re staying with a parent who lives a half-hour away.
In some ways, bird’s nest custody is easier on parents, too. For example, if information needs to be exchanged, a note can be left on the bulletin board or calendar in the primary home. Also, this type of custody arrangement offers a physical reminder to be present and engaged with the children: when you’re in the “nest,” you put down your cell phone and focus on the kids.
Because there are a lot of logistical details to bird’s nest custody, it’s something parents need to agree to; courts will not typically order this arrangement otherwise. The advantage of this is that parents who do choose it are typically motivated to make it work.
Disadvantages of Bird’s Nest Custody
What bird’s nest custody offers in terms of stability and predictability for kids, it takes away from parents to a certain degree. Parents have to get used to living in different places, depending on the day (though this is probably less disruptive to adults than to children).
Perhaps the bigger issue is the expense of the arrangement, since presumably each parent will want their own home in addition to the “nest.” Thus, two parents are paying for three households, instead of two. This factor alone may make bird’s nest custody impractical for many families.
Bird’s nest custody can also pose a challenge for parents wishing to move on to new relationships. If you want to live with a new partner, they need to either be willing to move back and forth with you (assuming the custody order allows this) or be willing to live alone for days at a time when you’re in the nest with your kids.
Making Bird’s Nest Custody Work
Bird’s nest custody is not for everyone. But assuming that your finances permit, and you and your ex are willing to make some sacrifices for the sake of your kids, here are some things to keep in mind:
Decide in advance, and put in writing, who will be responsible for what chores, expenses, household maintenance, groceries, etc.
Maintain boundaries. Each parent should have some space in the house that is off-limits to the other.
Plan for your “other” home to be as geographically close to the nest as possible.
Agree on and establish parenting rules to be followed in the nest.
Remember that the rules that apply to making a parenting plan work still apply in this situation.
Before beginning, make sure you and your ex get along well enough to be up to this challenge. If you and your ex are constantly bickering over the management of the shared home, and your kids are exposed to that conflict, are they really better off?
To learn more about bird’s nest custody, and whether it could be right for your family, we invite you to Shaffer Family Law at (480) 470-3030 today to schedule a consultation.
Regardless of whether you or your spouse initiates your divorce, or whether you want to go full steam ahead or take time to carefully explore your options, meeting with a divorce attorney for the first time can be daunting. Here are some tips to put you at ease and help you get the most out of that first meeting.
What to Bring to the Appointment
Review your attorney’s website before your visit to see if there are any specific documents or information your attorney requests that people bring with them to the initial meeting.
If your spouse has initiated the divorce, it’s essential that you bring any papers you’ve been served with to the attorney. You have a very limited time to respond to the allegations in a divorce petition. If no one has filed for divorce yet, you should bring basic biographical information — names, addresses, important dates — that would help your attorney to prepare a divorce petition on your behalf.
While it’s not critical to bring financial documents to your first appointment, it is helpful. This information will be relevant at some point. It is quicker and much more -effective for you to gather bank statements, income tax returns, credit card statements, retirement and investment account statements, and the like than for your attorney to have to request them later from opposing counsel.
Lastly, write down a list of questions you have for your attorney. You may forget to ask something that’s important to you if you don’t have it written down. Leave space to jot down your lawyer’s answers, too. One good question many people don’t think to ask is, “What can I do to help keep my legal s down?” If there are things you can do to save your attorney time, it will save you money.
Preparing Emotionally and Mentally
You may have been thinking about divorce for a while, but actually sitting down with a lawyer takes things to another level. Or perhaps your spouse has blindsided you with a request for a divorce. No matter what your circumstances, meeting a divorce lawyer for the first time can be stressful, because it makes the prospect of divorce more real.
Divorce can make life feel out of control. A good divorce lawyer will help you take the reins again. Pay attention to how talking with a prospective lawyer makes you feel. No matter how skilled, an attorney who ramps up your anxiety may not be a good fit for you. The right lawyer for you will not only have extensive experience with Arizona family law, but will make you feel that you have a trusted advocate in your corner.
At Shaffer Family Law, we know our clients are counting on us to be their guides and advocates in the legal system. We also understand how stressful a divorce or other family law case can be on a personal level, and it’s important to us to offer the support our clients need from their first appointment through the resolution of their case. Contact Shaffer Family Law at (480) 470-3030 today to schedule a consultation.
Developing an effective parenting plan is important to the well-being of your child. A parenting plan establishes two things: how decisions will be made concerning the care of your child and a schedule for parents to spend time with the child. Having a solid plan will eliminate conflicts in the future and, more importantly, will allow your child to develop reliable expectations. Here are three tips for that will help make your parenting plan work:
1. Use a calendar
Kids and parents are busier today than ever before and staying organized is essential to making your parenting plan work. A calendar makes it easier for parents and children to keep track of where they will be and when. Using a calendar that is accessible to both parents will avoid confusion and resulting conflicts. There are many apps that can help parents manage their calendars electronically. In fact, many children find the use of an electronic calendar beneficial for planning their own lives and knowing what to expect.
2. Hone your communication skills
Even with the most detailed parenting plan, conflicts regarding parenting will inevitability arise. When this happens, it is important to think of communication as an extension of your parenting plan. Just as the purpose of a parenting plan is to create the best situation for your child, communicating with your former partner is essential to maintaining a positive environment for your child. Handle conflicts as you might handle a conflict at work—listen to the other person, calmly communicate your position, and try to amicably reach a resolution. You do not need to be best friends with your former partner, but you should try to maintain a respectful relationship for the benefit of your child.
3. Be flexible
Closely observe how your children are reacting to a parenting plan. Are their grades steady? How are they coping emotionally? Sometimes children need an adjustment to a parenting plan—even if the plan is working for the parents. As children adjust to their new lives, or simply grow older, you may need to work with your former partner to find the best arrangement for your child.
At Shaffer Family Law has helped many families establish a fair and beneficial parenting plan. Call our office today to schedule a consultation at (480) 470-3030.
