Tips from Chandler family law attorney

The Millennial Divorce Rate, Chandler Arizona

Millennials tend to get married later in life and establish less conventional roles. They may also be proving the keys to relationship success. The latest census reports an 18% reduction in divorces for millennials compared to older generations around the same age.

How Millennial View Marriage

Millennials do not act like their parents, who are mostly baby boomers. Baby boomers have had the highest divorce rate in US history. Many of them also get divorced into their 60s or older. This phenomenon has forced millennials to witness unrest in their house and childhood, and many are determined not to repeat this cycle.

Millennial women are also getting married in their 30s. They observe their mothers going through significant financial hardship after a divorce is enough motivation for anyone to become much more financially assertive before committing to a marriage. More and more women are going to school to get degrees and certifications to obtain better-paying careers.

Benefits of Co-Parenting Children, Chandler Arizona

Your children are going to feel significant impacts from your divorce. They may struggle with not seeing both parents as often, but your children can benefit from maintaining a relationship with both parents. While it can be challenging to work together with an ex-spouse, especially when it comes to parenting, putting personal issues aside can significantly benefit your children. Here is how co-parenting can help your children and your family:

Increased Sense of Security

Children who experience a divorce tend to blame themselves for the breakup. When you demonstrate your willingness to parent despite the end of a relationship, it can show your child they are not at fault. Knowing their parents still love and support them can make it easier to transition to this new phase of having two homes.

Conflict Resolution Skills

Co-parenting is not easy. There will be disagreements and conflicts that need a solution. Co-parenting allows you to be a conflict resolution model for your children and a valuable skill to have as they get older.

Less Stress and Anxiety

Many children feel anxious and stressed when it comes to parents divorcing. They are not only dealing with things happening in the home but outside the home as well. By co-parenting and resolving issues together, you can show your children you are united when caring for them. This can allow them to feel less stress and less worry about how their family is viewed.

Better Family Relationship

Whether you like it or not, your children’s other parent will always be in their lives. Be grateful that your ex-partner is making an effort. Several studies have shown that children who grow up in a single-parent household suffer from anxiety and depression at higher rates. They are also more likely to make mistakes in the future. When they have both parents, they have the opportunity to learn from and communicate with both of you. This can increase their confidence and lead to better bonding with family.

Avoiding Financial Mistakes During a Divorce, Chandler Arizona

Divorce play with your emotions, but it does not have to destroy your finances. If you are concerned about losing money or not supporting yourself after a divorce, hiring a knowledgeable family lawyer is the best step. A family attorney at Shaffer Family Law can not only help you with legal representation, but they can also help you preserve your finances by avoiding the common financial mistakes people make during and after their separation.

Division of Property

The division of property is a significant aspect of most divorces. Arizona is a community property state, meaning a married couple’s property is divided into marital property and separate property. Marital property includes assets and property obtained throughout the marriage. Separate property is bought before the marriage and belongs to the party that acquired it before the marriage.

Do not let Anger and Fear Cause Financial Mistakes

Divorces are highly emotional conflicts. Many people have a roller coaster of emotions – from anger to fear. But letting your emotions get the best of you can cause you to make significant financial mistakes in the heat of the moment. Obtaining legal advice before you make any financial decisions or take action regarding your finances can save you so much in the end.

Do not Fight to Keep a House You Cannot Afford

If you end up paying alimony or child support, you may not have the means to keep your home. It is vital to know where you are financially throughout the divorce process. If you do not have the money to keep your house, do not fight for it. Recognize that during this transition, you will need to make a lot of changes, including moving into a smaller home. Your goal should be to make a move and move on with your future.

Going through a divorce can be easier with the help of an attorney from Shaffer Family Law in Chandler. Give our office call today at (480) 470-3030 to get started

How can a family lawyer do for you in Chandler Arizona?

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

Common Family Lawyer Cases

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

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

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

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

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

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

Can Remarriage Affect Alimony in Chandler Arizona?

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

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

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

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

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

Child Support Until the Age of 18, Chandler Arizona

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

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

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

Substance Abuse and Custody, Chandler Arizona

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

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

Shared Custody is Preferred

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

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

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

Your Home in a Divorce, Chandler Arizona

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

Arizona is a community property state

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

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

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

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

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

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

How Remarriage Can Affect Alimony, Chandler Arizona

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

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

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

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

After Being Served Divorce Papers, Chandler Arizona

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

Remain calm

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

Do not involve the children

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

Do not do anything to hurt your case

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

Your children’s needs come first

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

See a divorce attorney

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

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