Tips from Chandler family law attorney

Divorce is a life-changing event that can be overwhelming for both parties. It is not easy if that’s what people think of. It is expected to feel sad, angry, exhausted, frustrated, and confused, which is intense. It is difficult, painful, and scary, even if you are the one who decided to part ways. It is hard, and there’s not one thing but many, and when children are involved, it becomes even worse. Each one’s experience is different and how they feel about the divorce. You can experience various emotions, stress, and emotional breakdowns over the ongoing things in your life. This is not all; there are legal, financial, parental, emotional, and practical challenges that require time, energy, and changes in responsibilities. Everything can stress you over, no matter what you think.

Arizona is a Community Property State

Apart from emotional and physical exhaustion, there are responsibilities one must deal with and fulfill. What happens if you divorce in Arizona to the assets, children’s custody, life plans, debts, business, etc.? Because Arizona is a community property state, any asset or debt accumulated by either spouse during the marriage shall be divided among both as much as possible. Although it may sound straightforward, it is not. Many states follow an equitable distribution, whereas, in Arizona, it is not precisely equal distribution of the property but as close as possible.

Business – a Community Property

When it comes to business, if either of the spouses established it during a marriage, then it must be divided between both spouses during divorce. It is considered as a community property. Even if the business is established before marriage, any income that the spouse receives during the marriage is a marital asset or, for that matter, any increase in the business value. Unfortunately, this is the last thing the spouse wants after struggling and establishing own business. It can be distressing, but Shaffer Family Law is committed to protecting your marital rights and ensuring you receive an equitable distribution of all assets and debts.

We Can Help Protect Your Marital Rights

Our experienced divorce attorneys can ensure the division is fair by identifying all relevant factors and assigning ownership and correct valuations to all assets and liabilities. Also, we can use forensic accountants to locate hidden assets, business valuation experts, and other financial experts when required. Therefore, you don’t have to fret over losing your assets; we will ensure you get what you deserve fairly. Reach out for a consultation with Shaffer Family Law at (480) 470-3030 today.  

If you are thinking about divorce, legal separation, annulment, child custody, or settlement in Arizona and don’t know if you should hire an attorney, we can help answer this for you! Divorce is hard anyway, as it is emotionally and physically overwhelming. Not only does one experience a range of emotions, but it can lead to sadness or depression even if you are the one who initiated the process. For some, it takes a while to come to terms and may undergo phases of shock, denial, anger, bargaining, depression, and acceptance. Individuals undergo their emotional journey, and it is different for everyone.

Is Arizona a Community Property State?

However, talking about divorce in Arizona is contested, in which both parties cannot agree, whereas uncontested means both parties can agree. Arizona is a community property state, meaning the assets acquired during marriage should be equitably distributed. It means all assets, property, debts, etc., acquired during marriage are considered as community property. Suppose one spouse owns a business or has an interest in a company that was acquired or owned before the marriage; that is considered the spouse’s sole and separate property. Any property earned before the marriage is also considered separate property. It may seem straightforward, but not, and this is where you will need an attorney for the divorce.

How Shaffer Family Law Can Help?

Shaffer Family Law has helped hundreds of people dissolve their marriages. We have more than 20 years of experience confidently handling all types of divorce, from straightforward, uncomplicated divorces with no children and little property to complex dissolution cases involving significant assets and contested child custody issues. We provide all our clients with a realistic perspective of their unique situation and the potential legal outcomes, which allows them to make informed decisions throughout the process. We work diligently to achieve our client’s goals professionally and ethically.

Our team and staff are dedicated to helping and representing you and your case. The first step is to understand the case, and it will take some time to understand your legal situation so that we can answer all your questions. After your initial consultation with our attorneys, you will know what you are facing and what can happen to your case. We are committed to helping our clients through these challenges with a compassionate yet uncompromising representation. We map a substantial plan that will work for you and remove your worries. For a consultation, reach out to Shaffer Family Law at (480) 470-3030 today. 

Like pre-nuptials, post-nuptials are also popular and similar, with the difference being when they are signed, as pre-nuptials are signed before the marriage, and post-nuptials are signed after the marriage. Post-nuptial protects the financial rights and interests concerning the marital property and assets if the couple plans to get divorced. It is like a roadmap as to what would happen in case of divorce and how things may turn out to be. A thorough layout of the couple’s assets, debts, properties, and other finances and how they should be protected. Sometimes, couples have already decided, while others may have not talked about it. We understand it may or may not be awkward for many, as finances can be a sensitive subject.

When Financial Circumstances Change

We all know that circumstances change, and financial situations and interests no longer remain the same. Sometimes, one partner may stop working or open a business in a marriage. Financial circumstances may change; one spouse may win a lottery, or their financial situation may deteriorate. Everything must be considered, as what may happen in the future is unpredictable. In the case of children from previous marriages, it is essential to protect children’s future and financial rights. There are several benefits to going for a post-nuptial agreement, as no two circumstances are the same.

• Protect financial assets and property

A post-nuptial protects an individual’s assets and property and their sole decision to divide it among their partners. If one partner has significant personal assets and wishes to keep them separate, it may happen in case of divorce. Moreover, it even defines how jointly earned assets and property can be divided, which can prevent disputes and costly legal battles.

• Both spouses get a sense of clarity 

When a couple signs the post-nuptial agreement, it gives both partners a sense of clarity with finances in case of a divorce. How will the assets inherited remain with the partner who inherited them or be divided? Any financial debt incurred before the marriage or after remains the responsibility of one partner or both are cleared up. So, in case of divorce, both partners don’t have to fight over the finances as the process itself is overwhelming. Divorce is a tough road and can drain physically and emotionally. Setting out a roadmap gives assurance and mental peace as everything is already sorted in an unfortunate event, such as divorce.

• Builds trust and communication

Often, finances are discussed, but issues or points of contention remain unresolved. The talks are put off for later or swept under the carpet and linger around forever. Finances are complex and simultaneously a sensitive subject in terms of responsibilities. Having a comprehensive dialogue and a complete plan in case of unfortunate and unforeseen events is the most appropriate thing. It clearly defines and protects the interests of both spouses during tumultuous periods. This assures both spouses that their separate and joint finances are handled well.

Our attorneys have served clients over the years and worked in their best interests. Our attorneys have years of experience protecting clients’ financial and legal rights. Our team can assist you with all questions and concerns you may have now or through the entire legal process. We will support you and work with your best interests in mind. So, schedule an appointment with Shaffer Family Law at (480) 470-3030 today.

Pre-nuptials aren’t just for celebrities and rich people. The younger generation is embracing pre-nuptials who have been engaged or married. The dynamics are gradually changing as people try to establish themselves or accumulate wealth before settling down. Millennials are more concerned about creating wealth with their business, startups, intellectual property, etc. This makes them more concerned about protecting their wealth. Not only this, but they are also for everyone. They can address whether you and your spouse will have a joint bank account, whether you’ll pay off your student loans separately or together, and who gets what if you divorce. It is more than just wealth; it is also financial responsibilities that spiral any relationship.

More than ever, people are learning from their parents’ experiences and trying to protect their interests. And we know that alliances are all about celebrations and the coming together of families. With such celebrations, initiating pre-nuptials can be a bit awkward for many people. It may look like you prioritize financial interests, which can be weird for some. However, developing a dialogue and understanding before an alliance decision is important. It is great to ease your partner and make them understand the benefits of pre-nuptials and how it helps both. 

Why Should You Go for Pre-Nuptials?

• Protect Family Assets

It is likely that you may or may not inherit some family assets, and pre-nuptials can help define and determine what is yours and will remain yours in case of an unlikely event of divorce. You can protect your family assets, which will remain yours and will not be divided among your partners in case of divorce.

• Children from previous marriages

In case of single or both parties having had children from previous marriages, then it is essential to protect children’s rights. What part of your financial aspects should or should not be considered for children and current partners can be determined? This protects your children’s rights and future and reasonably acts to consider the interests of your partner.

• Debt

People entering marriages with financial debts such as student loans become their responsibility when they sign for pre-nuptials. This protects the partner and separates the financial responsibility of the spouse who incurred them.

• Emotional Arguments

Divorce is difficult, no matter what people say otherwise. It is stressful and contains a roller coaster of emotions. And when you talk about who gets what, it can be even more complicated. A pre-nuptial agreement is helpful in such scenarios and can save you from all the forthcoming anxiety and stress levels, as sometimes it can be extremely challenging to deal with it.  

Today, pre-nuptials have become common as they protect financial rights and benefit parties involved in the alliance. If you plan to marry your partner, pre-nuptial is like your health insurance and can help in many ways. Our attorneys have years of experience in protecting clients’ financial and legal rights. Our team can assist you with all questions and concerns you may have now or through the entire legal process. We will support you and work with your best interests in mind. So, schedule an appointment with Shaffer Family Law at (480) 470-3030 today.

Annulment refers to when a marriage is declared void. It means completely nullifying the marriage and giving the spouses involved in the marriage the status of single again. It is different from divorce or separation and ending the union between the two people in the marriage. Divorce dissolves your marriage, but annulment voids it altogether. The people involved become single again as they were never married in the first place. Divorce is the most common term when people are unhappy in a marriage. For years, they have been staying in marriage with each other while completely detached from each other. They continue to live separate lives while staying in the same house. They no longer share the love for each other, and for that matter, they no longer exist for each other.

So, how does it happen? Can any marriage be annulled? No, not really. An annulment can happen only if

• Underage: One of the spouses is underage to marry but still married.
• Incest: If both spouses are related to each other by blood, such marriage can be annulled.
• Polygamy: If the spouse intentionally or unintentionally gets married again while already being married.
• Fraud – Sometimes, people get married by falsely promising things that they never meant or wanted to fulfill in the first place. They lied or had been hiding their true intentions in such matters for a long time. For instance, if the person is sterile or infertile and can’t have children or is deceitful about their criminal records.
• Unsound mind: If the spouse was under drugs, highly intoxicated, and incapable of making any appropriate decision for themselves, then the marriage can get annulled.
• Threat: If the person blackmails, threatens, or coerces their partner into marriage, it can be annulled.

Annulment in Marriage

Honestly, it is not easy to get an annulment. Still, the attorneys of Shaffer Family Law have successfully had marriages annulled and can determine and determine whether an annulment is the proper legal action to take in your situation. It starts with a valid ground, and one can request it based on the above reasons. Then, the party must submit specific paperwork like contact details, all the information regarding marriage, children, proof of residency, etc., depending on what grounds. Then, serve your spouse with notice that you have requested an annulment and want to proceed. If you think it is a lengthy process, leave all your worries behind, as our experienced attorneys can quickly handle your case. We can take care of everything for you and help you get the fair compensation you deserve. Don’t overthink and schedule a consultation with Shaffer Family Law at (480) 470-3030 today.

When two people have decided they can’t live together, they look for reasons to part ways. They no longer feel loved or spend time with each other as they used to. Living like roommates and doing their things without spending time with each other. It is sad knowing that the marriage is coming to an end, and the most common way is divorce. At the same time, annulment is another way but may not be feasible for every other case. The marriage can be annulled only when it was considered illegal from the beginning of it. To get the marriage annulled, the spouse must prove that the marriage was illegitimate from the start. So, how does it happen? Can any marriage be annulled? No, not really. An annulment can happen only if

• Underage: One of the spouses is underage to marry but still married.
• Incest: If both spouses are related to each other by blood, such marriage can be annulled.
• Polygamy: If the spouse intentionally or unintentionally gets married again while already being married.
• Fraud – Sometimes, people get married by falsely promising things that they never meant or wanted to fulfill in the first place. They lied or had been hiding their true intentions in such matters for a long time. For instance, if the person is sterile or infertile and can’t have children or is deceitful about their criminal records.
• Unsound mind: If the spouse was under drugs, highly intoxicated, and incapable of making any appropriate decision for themselves, then the marriage can get annulled.
• Threat: If the person blackmails, threatens, or coerces their partner into marriage, it can be annulled.

To get the marriage annulled, you need to meet the legal requirements. Meanwhile, in case of divorce in a no-fault state, the couple seeking a divorce does not have to prove any wrongdoing by either party for divorce. If you want to file for a divorce in Arizona, either party must have lived in the state or the county. It can become more complicated with assets and custody of children in the family. Shaffer Family Law is committed to protecting your marital rights. Our attorneys ensure the property division is fair by identifying all relevant factors and assigning ownership and correct valuations to all assets and liabilities.

How Can We Help Your Case?

Our attorneys understand that the outcome of your divorce will affect the quality of the rest of your family’s lives. We focus on assisting people facing these difficult decisions regarding their home life, property, and parenthood. We are committed to helping our clients through these challenges with a compassionate yet uncompromising representation. We thoroughly sit down with the parties involved to help you understand the decisions and their impact on you and your family. We aim to ensure you understand the process and make decisions that benefit you. Mediation and negotiated settlements are almost always better alternatives to courtroom litigation. If litigation is necessary, we will fight aggressively, without hesitation, to protect your rights. So schedule a consultation with us at (480) 470-3030 today.

Marriage is a sacred and beautiful institution and the coming together of two people who love each other. People get married thinking that they want to spend the rest of their lives with their partners. But not everything we dream turn into reality, or even if it does is often short-lived. You marry your favorite person, thinking how wonderful the rest of your life will be for both, but now you realize it may not be accurate. When you love someone, you may ignore the red flags or think of it as no big deal at the moment and can turn it around. However, this disillusionment soon crawls into your heart and grows in you, day in and day out.

Each one’s story may never resemble the other, but some signs can be common for all; it’s just how you look at it. Being mindful of your surroundings helps you see through things that have been ignored for a long time. 

• Grow impatient and less empathetic toward 

When your partner is impatient and insensitive toward your feelings, they are not on the same page and do not understand and respect your perception and emotions. 

• More arguments

When the couple starts arguing over small things, it affects almost everything, and things go downhill with the relationship. It is a cause of worry and must be carefully addressed to understand what’s happening.

• Conversations turn into heated arguments and shouting

It may start as a conversation but swiftly turns into shouting with every other conversation. The high-pitched arguments turn ugly as both want to be correct and express their opinion.

• Stop sharing small things

How was the day like? Anything interesting? It can affect their relationship if the couple stops discussing their individual lives, work, or social. When the person realizes their partner is uninterested in their conversation or anything happening, it can stop them from sharing it.

• Do not want to spend time together

You find ways to spend individual me-time rather than doing something together. If a partner suggests an activity and you don’t want and decline, not only because you don’t want to, but you are not okay with doing it with your partner, too, due to whatever is happening.

• Thoughts like what if there was someone else instead of your partner

When you have thoughts that instead of your partner, was there someone else? What if your partner were not behaving the way they are, and if someone else was in their place, what would have been the response?

If you feel you might have married the wrong person and are seeking to file a divorce, our law offices can help! Contact our divorce attorney in Chandler today.

Are you a workaholic? Do you enjoy what you do? It is the most wonderful thing and keeps you moving daily. Not everyone likes what work they do, but it is great that you found your calling. Many working professionals spend most of their awake time in the office from Monday to Friday. However, if you are a workaholic, then it proceeds beyond. Some people may work more than 40 hours and feel engaged and fulfilled, whereas others may feel the same within the required hours. Sometimes, people are obliged to work for a more extended period due to a project. Meanwhile, at other times, some people may feel compelled to work more and more as much as they can exceed their required work.

Watch Out for These Signs

When the lines between work and personal life become blurry, work-life balance goes for a toss. You may spend more and more time at work than at home being with your partner. Spending quality time together and being engaged in your spouse’s life is essential. Taking time is vital for a healthy relationship; if you fail to do it, it is a sign of growing distance between the two. It is a huge red flag if you or your partner do not know what’s happening in each other’s lives.

• Puts work first than a relationship

Opting out of activities you would typically engage in, like dinner dates and movie nights, is a sign of ignoring your relationship.

• Too tired to spend time with spouse

Once back from working long hours at the office, it is likely that you are tired and do not want to go out or do something together, whereas the spouse has been waiting for it, which can be disappointing.

• No conversation other than work

If there’s nothing to discuss besides work, it is a clear sign that you may be growing apart from your spouse.

• Spouse, the work therapist

If you turn to your spouse for all the work-related minuscule things and constantly drop everything to them, including negatives, it can be a lot for them. Seeking advice may be a good idea, but you must give them a break.

A line must be drawn as work-life balance is essential. Bringing work to home or spending long hours at the office daily can affect your relationship with your spouse. If you are a workaholic or your spouse is, identify signs and try to talk things out. How do you strengthen your relationship with the spouse? Spend more time together by participating in fun activities together. Some introspection, time management, and openly conveying each other’s concerns can be the beginning of it.

Property division is always complex during a divorce, but if one is emotionally attached to it, it becomes intense. Being on the same page with your ex can be tricky and a long road, but it is unimaginable if you have a pet, especially a dog. Who doesn’t love them? You take care of them, buy them toys and treats, and take them to play dates in the park; they are not children but your family. If divorce goes down, then like other divisions of assets, family pets become the center of divorce disputes, just like children.

Pets Are Family

It can be as complicated as other matters as some states consider it personal property and are divided like other community/marital property such as a home or a car. Research suggests that around 40% of the population of pet owners are not willing to give up their four-legged friends. Dogs are most loved just like any other family member, which can lead to heated arguments among the family members. Sometimes, it can be otherwise that pet parents can manage the visitation schedule and custody as both want to continue loving and living with their dog.

How To Decide?

Courts are most likely to consider the ownership and the monetary value of a dog, cat, lizard, snake, or companion. Pet owners do not think of their dogs or pets that way. For some people, dogs comprise their whole life and revolve around their dogs. A judge will base their decision on ownership and monetary value. However, separating a pet from a child when mom and dad are fighting can be devastating in families. The child can be emotionally attached to the dog or pet, and separating them can affect the child’s mental amid their parents’ separation. Children often bond with pets while growing up.

In some cases, the custody of a dog is very clear: if one spouse had the pet dog before the marriage, then the dog belongs to that spouse. However, if the dog was adopted together after the marriage, it may be considered community property. It will be a shared asset during the divorce, and custody must be agreed upon by both parties and awarded by the judge. Whoever owns or cares for the dog belongs to that spouse. If both have been taking care of the dog, then there are many options, like sharing the dog among the two houses, just like their children’s custody.

When it comes to marriage, separation isn’t the same as divorce, even if you are slightly aware of it. Separation means the spouse lives separately but is still legally married unless you get a judgment of divorce. It is not just living apart; you need a court to approve your decision.

Legal separation allows the spouse to continue receiving health benefits, whereas in divorce, it ends. It even maintains your marriage status, but if a spouse wants to marry someone else, they must file a divorce. States consider spouses in legal separation as related and can be contacted during emergencies. Meanwhile, if the couple is divorced, they are no longer associated with each other. Spouses who proceed with legal separation are bound to pay off the debt undertaken in a marriage. However, if any spouse undertakes a new debt, that will be solely the individual’s responsibility rather than both. Legal separation preserves property rights when the spouse dies, but not in a divorce. The legal separation process depends on the state and can vary from six months to a year. 

If you are looking for divorce or legal separation advice, our legal experts can help you. Our experienced family law attorneys can help your case by working in the client’s best interests. Schedule a consultation with Shaffer Family Law at (480) 470-3030 today.