Tips from Chandler family law attorney

People ask many questions before or during the divorce process, including “does it matter who files for divorce first?” Is there any legal advantage to filing for divorce first? This can depend on the state and legal jurisdiction in which you live. For Shaffer Family Law couples, there is no evident benefit filing first—although some minor distinctions can be noted.

Perhaps the most crucial reason to file for divorce first is becoming the “petitioner,” or the person asking for the divorce. The “respondent” is the person receiving the divorce summons.

Although the petitioner can make their case first during divorce proceedings, there is no clear advantage. Opening the divorce request only appears to award marginal benefits to the petitioner, including giving your attorney a head start on freezing jointly held assets. This can be for those worried about their ex selling off possessions and disappearing.

So, whether you are the petitioner or the respondent in a divorce case, divorce will be challenging. Luckily, a knowledgeable family attorney can help you every step of the way. When you’re going through a divorce, an attorney can help you protect your rights. At Shaffer Family Law, we’re here to help you protect your new future. Call us at (480) 470-3030 to get started.

In Arizona the law favors custody arrangements that allow children to spend time with both parents. Research shows having access to both parents is in the child’s best interests, as kids with a close relationship tend to thrive compared to peers who don’t get time with both parents. But there are cases where a child refuses to spend time with a parent. If you’re granted primary child custody, you need to comply with the visitation order issued by the court. But if you find yourself constantly fighting with a child every time they’re supposed to visit their other parent, what are your options?

First, it’s you need to understand the legitimate reasons your child is so reluctant to visit. Common reasons children refuse visitation include:

·       They miss their home or feel uncomfortable in the other parent’s home

·       The other parent’s house is far away from their friends or school

·       New rules or behavioral expectations are uncomfortable/unfamiliar

·       Their parent has a new partner, who may have children

·       The child and the other parent do not have a close relationship

·       The child blames the other parent for the divorce

It is also normal for children to express their objections as they turn into teenagers. Most are involved in extracurricular activities and want to participate in outings with friends. Unfortunately, visitation with the other parent may interfere with these events. While some objections are worked out by making the transition from one household to another less disruptive, others may require more analysis. You should consider getting help from a counselor or therapist. In some cases, modifying the visitation order may be needed.

Divorce is a complicated process that impacts almost every member of a family. Beyond immediate family members, it can also affect grandparents and other extended family members close to the kids. Parents may disagree when it comes to their children seeing their grandparents after a divorce.

Grandparents in Arizona who have not been able to visit with their grandchildren should explore their right to seek visitation. Specific circumstances are allowing different family members to seek the court’s intervention. Litigation and court battles can harm children. Grandparents should weigh the potential benefits over the possible negative consequences. It largely depends on how old the children are and their relationship with the grandparents. Some families can decide outside of the court and negotiate with the parents and grandparents.

Of course, it all comes down to the best interests of the children. Depending on the complexity of the child custody case and visitation matters, many people benefit from hiring an experienced attorney who can guide them and assist them through every step. Give the attorneys at Shaffer Family Law in Chandler a call today at (480) 470-3030.

No one expects their marriage to fail, which means they also do not have plans to get through the divorce process in one piece. Unfortunately, it is sometimes necessary to get the life you deserve. If you find yourself preparing to dissolve your marriage, do not worry. The attorneys at Shaffer Family Law in Chandler can help you along the way. You can do few things to make it a more straightforward process.

Take care of yourself.

The best thing you can do while getting a divorce is taking care of yourself. You can do this by exercising, keeping a journal, and seeking out a counselor. Taking care of yourself can help you stay focused and help you come out of this mentally and physically stronger than going in.

Keep emotions in check.

People can make questionable decisions when their emotions are high. It would be best if you kept feelings out of the divorce process. Of course, this is easier said than done, but the outcome of your case can be better if you view your divorce as a business transaction rather than an emotional one.

Care of your children

If you have kids, you need to make them a priority. Divorce is complex and will be hard on the whole family, and children tend to have a difficult time with it.

Seek help and support.

There is no need to go through the divorce process alone. You have the right to legal counsel. Legal counsel can help you as much as you want and will work thoroughly to get you a fair and balanced settlement. If you are interested in learning how the attorneys at Shaffer Family Law can help you, give our Chandler office a call at (480) 470-3030 today!

Owning a business with your spouse does not always mean the marriage will be successful. Being a business owner is stressful and often comes with disagreements when you own it with a partner. A lot of people end up divorcing because of this stress. When this happens, both partners need to decide what to do with the business. There are three available options:

One Spouse Buys-Out the Other

A buy-out is a common way to divide a family business. If only one person chooses to continue running the company, they will need to purchase the other spouse’s interest in the company. The person keeping the business will need to afford the buy-out, with or without financing.

Both Sell the Business

Sometimes no one is interested in running the business, which means they can sell the business and split the profit. It may take some time to find an appropriate buyer for the company, and both spouses will need to agree on an offer.

Both Stay On As Co-Owners

While it is not as common, some spouses who divorce without drama or animosity may decide to continue running the business together. It does require a lot of cooperation and constructive communication. So if both spouses choose to stay on as co-owners, they will need to emotions aside and work together.

Getting divorced and need help with the process? Give Shaffer Family Law in Chandler a call at (480) 470-3030 to discuss your options and get started on your journey. 

If you are considering a divorce, you should know how it can impact your financial life. Divorce is both emotionally and financially stressful, so informing and preparing the process can help you be ready for any surprises that come your way. Here are some surprising ways divorce can affect your finances:

Your health insurance

Depending on how you have insurance while you were married, you may need to pay for your insurance you get divorced.

The Real-Life Costs Of Child Care

If you had children, you might be expected to pay child support or have child support, which may not cover all your expenses. A decrease in your finances can also mean fewer opportunities for your children to do activities like camp, sports, or music lessons.

Refinancing And Your Credit Score

The court tends to divide assets and debt between both spouses in the divorce process. The court will also probably indicate who is responsible for paying specific bills. If you are wondering how you can avoid this, just know it is not an easy process.

Your Retirement Plans

Many people do not realize that just because they earned the 401(k) through their job does not mean it is all their. Retirement plans are considered “marital property,” which means you and your spouse are both entitled to a portion of the money in this account during a divorce settlement.

Divorce is never pleasant, and you are not always going to be prepared for how life after divorce will affect you. And on top of the emotional strain, divorce can significantly impact your financial life as well. So, when you understand how divorce can affect you,  it can help make the process smoother. If you are interested in learning how Shaffer Family law in Chandler can help you throughout this challenging process, give us a call at (480) 470-3030. 

The choice to divorce is hard, but your choosing your legal representation should not be. Unfortunately, finding the best divorce attorney can be challenging, but it is essential to make sure your time, money, and trust are respected throughout the divorce process. Here are a few tips to follow to help find the perfect representation for your case:

Know what you want, and don’t settle

Go into the search process, identifying what level of support you need, and make a decision based on that knowledge. 

Look for an attorney who meets your conditions

Different divorce attorneys take different approaches to the cases they take on. You need first to decide what you want and how you would like the process to go. 

Do Your Research

It is essential to do research on which option best aligns with your goals carefully. It can help decide whether you want a collaborative process, mediation, or traditional litigation.

Stay focused on what’s important and let the other stuff go

Divorce is highly emotional, even when both parties are in agreement with ending the marriage. The right attorney will help you understand what is essential and what is not to make decisions that matter.

You may be able to legally prevent your ex from contacting your children under certain circumstances. In some cases, an ex is abusive or potentially dangerous, so keeping your children away from them may be necessary. While, in many cases, a child should have a relationship with both of their parents, there may be other situations when keeping an ex out of children’s lives is the better choice. But, legally distancing your ex from the children you share is not easy for us, and you should reach out for the help of an experienced family attorney.

Reasons For Keeping Your Child Away From Their Parent

If you want to stop your children from seeing their other parents, you need to have an appropriate reason and evidence. Granting one parent total control custody of their children is not very common, so you need to prove that the other parent is somehow unfit. These include:

·       Situations where the other parent is physically or sexually abusing the children or has a substance abuse issue.

·       Displaying neglect or engaging in criminal activity It could not be easy to completely prevent a parent from accessing their children in less complex situations. In most cases, the parent will be legally allowed visitation rights, though they may require supervision. If you are looking to make changes to your custody arrangement and want to stop your children from seeing their other parent altogether, you may be able to get legal help from the attorneys at Shaffer Family Law in Chandler. Give us a call today to examine your situation and why you wish to prevent the visits.

When you think of an abusive relationship, you may think of physical violence or emotional trauma. But people often experience financial abuse, which may result in long-term harm as the target of this behavior. Many people do not consider themselves victims of this type of abuse because their partner has provided them with a home and other needs. But, when it comes to money, you may feel like a prisoner because you cannot make decisions about household finances or plan for significant changes.

You are Unable to Earn Your Own Money

Financial abuse is all about having control over their spouse. Control over your ability to earn is what happens with this type of abuse. Many people are forced to quit their job. And while some people can still work, their spouse may control their access to the account where their money is deposited. This kind of behavior is more than about trying to save money. Many people do not have a choice in the matter: Their spouse may:

·       Monitor bank accounts

·       Use personal information to open credit accounts

·       Ruin their credit if you decide to leave the marriage

·       Ruined their confidence in money

·       Punish them for spending the smallest amount

·       Significant purchases are in their spouse’s name only

You may feel your spouse has the right to control where the money goes if they are the primary earner, or you may trust your spouse to manage the funds for the family. However, money management is not the same as financial abuse, which does not offer a person options or a sense of financial security. If you want out of your marriage, but you are experiencing financial abuse, give Shaffer Family Law in Chandler a call today at (480) 470-3030.

While divorce can conclude a problematic marriage, parenthood is still something you need to handle. No relationship ends when children are involved. Each parent shares an interest in the well-being of a child, and it has the equal right to participate in that relationship. A parenting plan can help.

A parenting plan protects the child while guaranteeing that parents share access, decision-making, and responsibility for their children. Joint custody means that both parents must participate equally to protect their children’s health, education, and wellness.  A plan depending on the cooperation and understanding of recently divorced people will someday require judicial intervention.

It is inevitable that at some point, the parents will disagree on something.  So, planning for that situation and providing clarity in advance can make things easier for everyone. If you are interested in learning more about the benefits of having a parenting plan, give Shaffer Law Family a call today at (480) 470-3030.