How to File for Divorce in Arizona

by John Schill | Oct 26, 2020 | Divorce

DIVORCE ATTORNEYS

MORE THAN 100 YEARS COMBINED EXPERIENCE

How to File for Divorce in Arizona

No one enters a marriage with the belief that it will be temporary. Sadly, some marriages cannot be salvaged for one reason or another, hence why it’s important to know how to file for divorce.

Having that important bit of insight can save you from additional grief while you’re going through a difficult time. Knowing about the process of divorce also allows for an amicable split. On top of that, you can ensure that you’re not treated unfairly by knowing about divorce proceedings beforehand.

Divorce is not fun, but it becomes a necessity for certain couples. Hopefully, going through the process correctly will at least help minimize some of the difficulties associated with it.

How Divorce Is Different in the State of Arizona

The process of a divorce in Arizona is not completely similar to other states across the country. Arizona legally refers to the process of divorce as the dissolution of marriage.

While that is a notable distinction, it’s one that does not have much of an impact on actual cases. The restrictions placed on how long individuals must wait before they can push forward with a divorce are more impactful.

According to the Judicial Branch of Arizona, residents must wait for at least 60 days from the date of their marriage before they can go ahead with the dissolution of marriage. That’s not the only time-related requirement residents have to meet if they want to get divorced.

There is also a time requirement on being domiciled that residents must abide by. This particular requirement dictates that the parties pursuing the dissolution of their marriage must be domiciled in the state for at least 90 days prior to filing.

Being domiciled means that the involved parties have treated Arizona as their primary state of residence. The parties involved can demonstrate that they do indeed regard Arizona as the state where they live in. Registering to vote in the state is only one of those actions.

If you and your spouse have met those requirements for dissolution, either one of you can push ahead with the divorce proceedings.

The Important Matters to Discuss Prior to Divorce Proceedings

How quickly you finalize the divorce will depend on a variety of factors. Assuming that you and your soon-to-be-ex are at least on speaking terms, it’s worth discussing the following matters to speed up the dissolution process.

Custody of the Minor Children

One of the primary concerns for many parents and the law during divorce proceedings is the matter of custody. In situations where minor children are involved, the parents and perhaps the courts will have to decide the custody between the two parties.

Being on good terms with your partner will be helpful here. Together with your attorneys, the two of you can discuss a variety of topics related to your children.

You and your co-parent can discuss how you will divide parenting time. Do the two of you want to have rotating schedules, or would you prefer splitting the weekends and weekdays?

Aside from the issue of parenting time, you and your co-partner must also agree on how you make decisions related to your children. Will the parent who is currently watching over the child have the right to make all decisions during that time, or will consultations be necessary?

Discussing how to handle custody would be best for all parties involved. That way, both sides will be content with the arrangement, and the young children involved will not be subjected to conflict needlessly.

If you and your co-parent cannot agree regarding custody, the judge does that for you.

Child Support

You cannot discuss matters related to custody without also talking about child support. Child support refers to the financial obligations that parents have to their children.

It doesn’t matter whether you are the parent awarded with primary custody or the non-custodial parent, supporting your child remains your responsibility all the same. There is no set amount for how much child support you must pay, but it has to be a reasonable amount.

Co-parents can discuss exactly how much child support they will both cover ahead of the divorce proceedings. You can discuss the payments during that time. If the two of you cannot reach an agreement, the courts may step in and establish the child support terms themselves.

Maintenance or Alimony

Arizona legally refers to alimony as maintenance. Since we touched on the issue of child support above, you may be wondering why we’re bringing up alimony now.

After all, they’re both referring to the same payments, right? Well, not exactly.

Unlike child support, maintenance is not about meeting the financial needs of your child. When we’re talking about maintenance, the focus is more on maintaining a certain standard of living for your ex-partner. That’s because maintenance is supposed to cover for the unequal division of assets.

Also, in stark contrast to child support, you can spend maintenance payments however you deem appropriate. It’s also worth pointing out that alimony can take forms other than monetary payments. One partner may also provide certain goods and/or services to the other in lieu of financial support.

Maintenance is another topic you will want to discuss at length with your former spouse. Failing to reach a compromise will again lead to the courts getting involved.

Division of Assets

Last but not least, asset division is another matter you should talk to your ex-partner about. Generally speaking, the courts will seek to equally divide all the assets that the two parties acquired throughout the marriage.

The reason why it’s worth taking the time to talk to your ex-spouse first is to clarify which of your assets were obtained prior to getting married. Doing so can lead to a less contentious dissolution and greater clarity when it comes to maintenance.

The Divorce Proceedings

Whether or not the discussions with your soon-to-be ex-spouse were productive or not, you can still start the divorce proceedings. We’ll discuss how to file for divorce in this section of the article.

Step 1: Obtain and Accomplish the Petition for Dissolution of Marriage

The divorce process starts when you get your hands on a petition for dissolution of marriage. This is the document that the court will repeatedly reference throughout the divorce proceedings.

Fill the petition out carefully and make sure that you provide all the requested details. It’s also a good idea to fill out the form under the supervision of an attorney to avoid making any costly mistakes.

Step 2: Complete Other Relevant Documents

The petition for dissolution of marriage may be the most important document for completing divorce proceedings, but it’s not the only one you’ll need. In addition to that petition, you’ll also need to fill out the preliminary injunction, the summons, the sensitive datasheet, and several other documents. Once again, you should strongly consider completing those documents while in the company of an attorney to avoid errors.

Step 3: File the Petition for Dissolution of Marriage and Other Documents with the Court

After completing all the necessary documents, you can now move ahead to filing. Head over to the courthouse covering your area and look for the clerk of court. That’s the person who will accept your filing.

Note that there are also rules you need to follow when filing, so take care to abide by those. You will also pay a fee upon filing.

Once you file, you will have a case number. Remember that case number so that you can complete future proceedings to your divorce faster in the future.

Step 4: Serve the Petition for Dissolution of Marriage and Other Documents to the Other Party

With the documents completed and filed, you can now proceed to the next part of the divorce process. Service is that next part of the process, and it can be quite complex.

The purpose of serving the other party the paperwork is to give them legal notice of what you intend to do. You can go about serving the documents in one of two ways.

The first method involves enlisting the help of an unrelated party in delivery. Approach a registered process server or a law enforcement officer tasked with serving papers to make the delivery to the other party.

The other method involves having the other party sign an Acceptance of Service prior to serving the documents. To be considered valid, the signing must take place in front of a notary or a clerk of the superior court. It’s also worth pointing out here that you cannot deliver the documents yourself unless the other party signs that Acceptance of Service.

Now that you’ve served the other party with the relevant documents, you can return to the clerk of court and file the proof of service.

Also, you must serve the documents to the other party within 120 days after your initial filing.

Step 5: Wait for the Response of the Other Party

You’ve been doing all the work up to this point. Now that you’ve served the papers and filed the proof of service, you can sit back and wait for the response of the other party.

The respondent (person you served with the documents) will now be given up to 20 days to file a response to your petition if they also live in Arizona. If the person you served doesn’t live in Arizona, they will be given up to 30 days to respond following the filing.

In cases where the respondent was made aware of the petition via publication, they will have more time to respond. To be more specific, they will be given up to 60 days to respond from the day of the notice’s initial publication.

Don’t worry if the other party does not respond within the allotted period of time. The case can proceed by default if they fail to respond promptly.

Step 6: File a Consent Decree if the Two Parties Agree to the Dissolution of Their Marriage

If your ex-spouse agrees to the terms of the divorce and indicates as such in their response, you can expect smooth sailing from here. The next step will involve the two of you filing consent decrees.

Those consent decrees will detail the terms of your divorce. File those consent decrees with the court and wait for further instructions. You may need to make an additional appearance in court, but that may be to finalize the divorce.

Step 6A: Attend a Default Hearing

Let’s say that your ex-partner did not respond to the petition. In that case, they may set a default hearing to push forward with the proceedings. This hearing will allow you to get divorced by default.

You will need to file an application and affidavit of default to get divorced and send a copy of that to the other party. If the other party still fails to respond after 10 days, your divorce will push through.

Step 6B: Go to an Early Resolution Management Conference

Now, if your ex-spouse does respond and indicate that they do not agree with the terms set, the court may order the both of you to attend an Early Resolution Management Conference. That conference is supposed to help the two of you agree to the terms of your divorce.

Coming to a compromise during that conference will help speed up the divorce proceedings.

Step 6C: Take Part in a Trial

If you and your partner are still far apart on the terms, a trial may go to court. Trials can be costly and time-consuming, which is why we recommend that you speak with the other party before you start the divorce proceedings.

Step 7: The Dissolution of Marriage Is Finalized

Whether you went through a relatively civil divorce or had to go through a contentious trial, you will still finalize the divorce. The courts will also hand down the decree of dissolution of marriage at this point.

Divorces can be messy, tiring, and costly, but they may also be ultimately necessary. Make sure that the final terms of the divorce are fair to you by working with an experienced and highly skilled attorney. Contact us at the Schill Law Group and allow us to help you navigate the trying time that is your divorce.

What Is Spousal Maintenance?

by John Schill | Oct 22, 2020 | Alimony

DEFENDING THE PEOPLE OF ARIZONA

MORE THAN 100 YEARS COMBINED EXPERIENCE

What Is Spousal Maintenance?

The end of a marriage does not necessarily mean that the two parties no longer have responsibilities to one another. They may still have responsibilities to fulfill if they share custody or if paying spousal maintenance is ordered by the court.

Whether or not you pay spousal maintenance is part of a settlement and how much is owed by one party are often points of great contention during divorce proceedings. It can be a struggle for both sides.

You need to know all about this topic ahead of divorce proceedings to ensure that you’re not getting the raw end of the deal. Learn more about spousal maintenance, when it becomes necessary, how they calculate it, and several other related topics by continuing with this article.

What Is Spousal Maintenance?

Spousal maintenance is known by a few other names. You may have heard it referred to in the past as spousal support or as alimony. Regardless of how it’s called, the goal for spousal maintenance remains the same.

That goal is to give both parties a chance to land on their feet following the end of the marriage.

So, let’s say that only one of the parties involved had a career throughout the marriage while the other stayed at home to watch the kids. Should the two of them separate, the spouse who remained at home most of the time and did not pursue a career will obviously have a tougher time finding a good job following the end of the marriage.

It would be unfair to that spouse if they suddenly ended up with no means to make money because of the sacrifices they made throughout their marriage.

Furthermore, the state of Arizona also regards the accomplishments reached during the marriage to be the results of the two spouses working together. As such, the contributions of both sides will count following the divorce.

Differentiating Spousal Maintenance from Child Support

Before we go deeper into the topic of spousal maintenance, it’s worth taking the time to discuss an important distinction first. Maintenance is not the only financial support you may be required to provide post-divorce. In some cases, you may also be required to pay child support.

So, how do those two differ?

Child support is only for goods or services that your child or children need. They are not for any personal purchases.

Spousal maintenance is different because your former partner can decide how to use it. They can use it on personal purchases if they so desire.

It’s important to make that distinction whether you’re sending or receiving the payments. You could end up running into trouble with the law if you fail to make that distinction.

When Does Spousal Support Become Necessary?

One of the parties involved in the divorce requests spousal support. Even before the matter reaches the court, the two sides may already decide that spousal maintenance is necessary and will include that in their divorce.

However, there are also cases wherein one side will request alimony while the other will object. In that case, the court will be the one to decide if the provision of alimony is indeed necessary.

The court generally considers a few factors when deciding whether paying spousal maintenance is needed.

The Party Seeking Maintenance Lacks the Means to Cover Their Reasonable Needs

First off, the court may order the payment of spousal maintenance if the party seeking it lacks the means to cover their daily needs. If the party requesting support does not have a steady income, the court may order the other side to pay maintenance.

The Party Seeking Maintenance Is Unable to Secure Employment Due to a Lack of Skills or Due to Their Child’s Needs

Maintenance also becomes a necessity if the court sees that the party requesting it cannot find work so easily.

The reason they struggle to find work could be because they don’t have the requisite skills and/or experience. After many years spent staying at home, the party in question may not have had the opportunity to develop their skills. Spousal maintenance will help make up for that.

There are also cases where the party requesting support is the primary parent of a child who cannot be left alone due to their age or condition. The regular support payments will help those parents out.

The Party Seeking Maintenance Contributed to Their Former Partner’s Education, Career, or Training

Let’s say that you helped pay for your spouse’s college education earlier in your marriage. Now that the two of you are separating, they must compensate you for those earlier contributions via spousal maintenance.

The Party Seeking Maintenance May Struggle to Find Adequate Employment Due to Their Age and Long Marriage

If a marriage lasts long enough and the party asking for spousal support is at an age where securing adequate employment becomes hard, the courts may grant their request. Note that there are no set guidelines for what constitutes a long marriage in the eyes of Arizona law. That matter will be left up to the court to decide.

The Party Seeking Maintenance Gave Up Career Opportunities or Steady Income for the Other Spouse

One of the parties in a marriage may have sacrificed career prospects for their spouse. They could have decided to stay at home to watch over their kids and put their career on pause because of that. Spousal maintenance is supposed to compensate the party who made that sacrifice.

How Are Alimony Payments Calculated?

Spousal maintenance payments are not determined randomly. The court will first take into consideration a variety of factors to come up with the right amount that one party has to pay. They consider numerous factors when calculating the total amount of spousal support to be paid, and they are below. The standard of living established throughout the marriage

The length of the marriage
The status of the party seeking maintenance accounting for their age, wellbeing, earning ability, and employment history
The ability of the party to provide spousal support to sustain themselves and the party requesting maintenance
The finances and earning abilities of the two parties
The contributions made by the party seeking maintenance to the other spouse’s earning ability
The sacrifices made by the party seeking maintenance to benefit the other spouse
The abilities of both parties to pay for their children’s education
The resources of the party seeking maintenance and their ability to self-sustain
The time the party seeking maintenance will need to find adequate employment and whether they need further education or training
Excessive expenditures, the concealment, destruction, or fraudulent disposition of community, and properties held in common
The cost of health insurance the party seeking maintenance will need to pay, and the reduction in payment the other spouse will pay if they change their health insurance plan following the divorce
Damages resulting from the criminal conviction of either party that resulted in either the other spouse or their children being victimized

Can the Amount of Spousal Maintenance Payments Change?

How much you receive as spousal support or how much you pay can change over time.

Spousal maintenance payments could increase if the party receiving them lost their job. Other changes to the job market could also be cited as reasons why the payments should be increased.

On the other hand, the payments could decrease if the party on the receiving end has landed a higher-paying job. The court may also decide to lower the payments if the party charged with making them lost their job.

One side will typically ask the court to make changes to the spousal support payments before they can take effect.

How Long Are Spousal Support Payments Supposed to Be Made?

No law sets a specific length of time for spousal maintenance. The courts will decide how long they will need them on a case-by-case basis. They will continue until such time that the prescribed payment period ends.

However, spousal support can terminate for a few reasons. If the party receiving the support dies, the other spouse will no longer make the payments. Support can also end if the party on the receiving end gets married again.

Do note, though, that getting married again does not automatically put an end to spousal support.

For instance, the court may decide to re-evaluate the payments after the party receiving the support remarries. Upon doing so, the court may check if the new marriage has improved that party’s financial situation. If their financial status has not improved significantly, the court could rule that spousal support must continue even after the party receiving the payments is married again.

The court could also find that the party receiving spousal support’s financial status has at least improved to some degree. Citing that, the court may opt to lower the payments that the other spouse has to send.

Spousal support can also continue through remarriage if the party receiving the payments made significant contributions to their former spouse’s education or career. They must still compensate for their previous contributions so their new marriage will not impact spousal support.

How Are Spousal Maintenance Payments Made?

The process of paying alimony will depend on the paying party’s employment.

If the party in question is an employee at a company or business, the courts can place an Income Withholding Order on their paychecks. The order instructs the employer of the paying party to deduct the amount corresponding to the spousal maintenance payments from their employee’s paychecks.

The employer will then send those deducted amounts to the clerk of the superior court. The clerk of the superior court will then record the payments and send them to the other party.

If you’re self-employed, you will send the payments to the clerk of the superior court yourself. The same holds true for unemployed individuals who make spousal support payments.

Can You Send the Spousal Maintenance Payment in a Lump Sum?

For those tasked with sending spousal support payments, having to make regular trips to the clerk of the superior court can become tedious and bothersome. The good news is that lump sum payments are permitted.

How Do You Request Alimony?

You should request spousal maintenance early in the divorce proceedings. When exactly you should make your request depends on whether you are the petitioner or the respondent to the petition for dissolution of marriage.

As the petitioner, you should request spousal support when you file the petition initially. Make it known as soon as possible to both the court and your former spouse that you need that financial support.

As the respondent, you should mention spousal support in your response to the petition. Don’t forget to mention that right away so they can consider it during the divorce proceedings.

Do You Need to Worry about Taxes When It Comes to Spousal Maintenance?

There are no blanket responses regarding taxes and spousal maintenance payments. They will need to consider the specifics of your situation first to determine your potential obligations.

Do note, though, that the party sending the payments may sometimes be allowed to deduct those from their tax obligations. On the other hand, the party receiving the spousal support may also report the payments as additional income.

Divorce could end up being one of the hardest ordeals you’ll ever go through. It could be even tougher if you lack the resources necessary to re-establish your life following the end of your marriage.

Make sure that you receive the support you’re entitled to by requesting spousal maintenance. Partner with us at the Schill Law Group if you want to receive the compensation you deserve.

What Does the Uniform Marriage and Divorce Act Do?

by John Schill | Sep 30, 2020 | Family Law

DIVORCE LAWYERS

MORE THAN 100 YEARS COMBINED EXPERIENCE

What Does the Uniform Marriage and Divorce Act Do?

Getting married is one of the most important decisions of your life and deserves to be considered carefully and thoughtfully. Unfortunately, even if you truly believe that you’ve found the right partner, some relationships don’t work out for one reason or another, and that is where the Uniform Marriage and Divorce Act can prove helpful.

The Uniform Marriage and Divorce Act has proven to be a monumental piece of legislation. It has continued to affect the lives of millions of Americans up to this day.

For this article, we’ll take a closer look at the Uniform Marriage and Divorce Act and how it has specifically impacted the residents of Arizona. You can also learn more about divorce proceedings and the things you need to consider if you want to go through with that.

What Is the Uniform Marriage and Divorce Act?

The Uniform Marriage and Divorce Act, which is also sometimes referred to as the Model Marriage and Divorce Act, was drafted up back in 1970 and was later amended in 1973. It was the work of the National Conference of Commissioners of Uniform State Laws, otherwise known as the NCCUSL. Along with the NCCUSL, committee members appointed by the American Bar Association were also tasked with working on the statute.

Found within the Model Marriage and Divorce Act are clear definitions of both marriage and divorce. The idea behind the act was to come up with laws concerning marriage and divorce that state legislatures across the country could adopt.

The NCCUSL hopes that the model statute will eventually be adopted in all states. If that happens, it will simplify laws concerning marriage and divorce further and will reduce the pressure on judges to make important decisions regarding personal relationships.

So far, the act has not been adopted yet by all states, but Arizona is following its guidelines.

Since its creation, the Uniform Marriage and Divorce Act has had a profound impact on marriage and divorce across the country. Perhaps its most notable contribution has been the introduction of “irreconcilable differences” as potential grounds for divorce.

We’ll get into what “irreconcilable differences” are a bit later in the article. For now, let’s focus first on no-fault divorce.

The Importance of No-Fault Divorce

There was a time in the United States when no-fault divorces were not permitted, and that was problematic for many for a variety of reasons.

Back then, couples who were seeking a divorce had bigger hurdles to overcome. Divorce proceedings essentially required one party to be at fault, and that would then serve as the grounds for divorce. The fault in question could be one party committing adultery, committing a felony, or other acts of that nature.

Now, the catch was that only one party should be at fault for the divorce proceedings to move forward. If the court found that both parties were at fault for their marital problems, then the union would be preserved. The divorce proceedings could also be derailed if the supposed faults committed by one party were falsified.

Needless to say, getting a divorce legitimately back then was hard to accomplish.

An odd but perhaps unsurprising byproduct of how the divorce system worked in the past is that it forced people who no longer wanted to be married to come up with ways to dissolve their marriage. These methods included lying in court and coming up with fabricated stories about adultery.

If those methods didn’t work, the two parties would have no other choice than to remain married to one another.

How No-Fault Divorces Changed Marriages

Eventually, laws that allowed for no-fault divorces were written and adopted by different states, but that created a new kind of weirdness as well. Since not all the states adopted no-fault divorce laws simultaneously, the result was a lack of uniformity throughout the country.

What happened in many cases was that one party in a marriage would head to a state where they allowed no-fault divorces, stay there for the required amount of time, and then move forward with divorce proceedings. These days, you don’t need to move to specific states since no-fault divorce is now permitted throughout the country.

The Uniform Marriage and Divorce Act has also made obtaining a divorce simpler for the parties involved.

What Are Irreconcilable Differences?

As we noted earlier, the biggest contribution the Uniform Marriage and Divorce Act has made is the introduction of irreconcilable differences as a possible grounds for divorce. You may have heard the term used before when news of celebrities breaking up made headlines.

But what exactly does the term “irreconcilable differences” mean?

Also sometimes referred to as incompatibility or irretrievable breakdown, the courts often use the term “irreconcilable differences” as grounds for dissolving a marriage. In the eyes of the court, those irreconcilable differences are substantial enough to warrant the end of the union.

Breaking Down the Irreconcilable Differences

To further clarify matters, let’s focus on the two words included in “irreconcilable differences.”

The inclusion of the term “irreconcilable” indicates that at least one of the parties involved believes they can no longer salvage the marriage even with the help of counseling. Something is fundamentally wrong with the partnership and whatever that may be, at least one side has concluded that it has been broken beyond repair.

So, what about the differences? They refer to a lack of harmony on important elements of a marriage. They highlight the disagreements that arise between the two people involved.

For instance, career demands could be among the main reasons why two people are getting divorced. After taking on a new job, one spouse may be on the road all the time, and that can put a lot of strain on a marriage. If the two sides cannot find a way to overcome the distance, then they may conclude that filing for divorce would be best for them.

Money is another potential culprit in the breakdown of marriages. If one party sees the other as being irresponsible with their finances, divorce proceedings might follow soon.

Couples could also end up divorced because they want different things out of life. They may disagree on matters such as wanting to have kids or where they want to live. Those fundamental disagreements can lead to even strong unions falling apart.

Additional Facts about Irreconcilable Differences

You should know a few other things if you’re considering filing for a divorce on irreconcilable differences.

For instance, the law does not require both parties to agree on divorce on the grounds of irreconcilable differences for them to finalize it. Even if only one side is seeking a divorce, the courts can still approve it.

Another thing is that you don’t need to state your reasons for wanting a divorce. Per the Cornell Law School, the courts generally refrain from asking parties to further state why they are seeking a divorce if they cited irreconcilable differences. If you want to keep those matters private, you can do so.

What Are the Other Grounds for Getting a Divorce?

Apart from irreconcilable differences, there are other valid reasons for wanting to end a marriage.

These reasons include:

Abandonment
Abuse
Adultery
Alcohol Use
Drug Use
Imprisonment

Former partners who have been separated and living apart for some time may also file for a divorce. In that case, the two parties must be living apart for at least two years without reconciling before seeking an end to their marriage.

How to File for Divorce in the State of Arizona?

Once you and/or your partner decide your marriage is no longer working, you may file for divorce. Before you can start that process though, you must meet certain requirements.

You Must Be Domiciled in the State of Arizona

One of the requirements you’ll need to meet before you can file for a divorce is to show the court that you’ve been domiciled in the state for at least 90 days. According to LegalZoom, being domiciled means that you have completed certain actions which show that you fully intend to live in Arizona moving forward.

That is not going to be an issue if you’ve been an Arizona resident for a long time. However, if you recently moved to the state, you would likely need to take a few more actions. You can start by applying for a driver’s license.

File a Petition for the Dissolution of Marriage

Once you and/or the other party have been domiciled in Arizona for the required amount of time, the divorce proceedings can now press forward. If you’re the one seeking the divorce, you will file a Petition for the Dissolution of Marriage.

Drawing up that document is something you can probably handle on your own, but you could open yourself up to mistakes. Mistakes in the petition will likely mean having to re-file, and that would be an unnecessary drain on your time.

This is the point in time where you will want to consult with an experienced lawyer to help you craft the petition. If you are on speaking terms with your soon-to-be former partner, the two of you can also consult with one another when filling out the petition.

You’ll also have to mention the grounds for dissolution in the Petition for the Dissolution of Marriage. In the state of Arizona, that means stating that your marriage is “irretrievably broken.”

With the petition completed, you can then ask your lawyer to file it with the Superior Court of the county you live in.

Prepare for and Attend a Court Hearing

In all likelihood, the courts will ask you and the other party to appear once you file the petition. It would be a good idea to prepare for that court hearing beforehand.

Go over the facts you mentioned in the petition with your lawyer and make sure you know what to say in front of the judge. For the most part, the judge’s questions will be about the petition and your marriage.

They will also ask you if you understand everything that a divorce entails. The judge may ask about matters such as child custody, alimony, and property division during the hearing.

Those preparations should make it easier for you to say what you want in front of the judge. The judge may then enter a Decree of Dissolution of Marriage on behalf of you and your former partner.

Are There Cases Where Seeking a Divorce in Arizona Can Be Complicated?

While you can dissolve most marriages in a relatively straightforward manner in Arizona, some couples may have a tougher time doing so. Arizona is one of the few states in the country – along with Arkansas and Louisiana – that have covenant marriages.

If you entered a covenant marriage, you and your partner must first go to counseling before you can file for divorce. The two of you will also likely need to wait longer than most other couples before being eligible for divorce proceedings.

You should also note that covenant marriages in Arizona cannot be dissolved simply by citing irreconcilable differences. One of the parties involved must show that the other party was at fault for the deterioration of the relationship.

The reasons you can cite for fault in covenant marriages are the same ones mentioned previously. Those include abandonment, abuse, adultery, alcohol, and drug use, as well as imprisonment. Living apart for a prolonged period of time can also be pointed to as a valid reason for divorce.

Divorce is not the desired outcome for couples when they first got married. However, it is sometimes the inevitable result of people growing apart for one or several reasons.

There was a time not too long ago when finalizing a divorce was a Herculean task. Thanks in part to the Uniform Marriage and Divorce Act, couples who no longer wish to be married can have their unions dissolved.

If you want help navigating divorce proceedings, we at the Schill Law Group are ready to offer our assistance. Get in touch with us today and allow us to ease your burden as you go through what can be a trying time.

How to Get Child Support Arrears Dismissed

by John Schill | Sep 28, 2020 | Child Support

FAMILY LAW ATTORNEYS

MORE THAN 100 YEARS COMBINED EXPERIENCE

How to Get Child Support Arrears Dismissed

Upon becoming a parent, it is your responsibility to provide for your child. Some parents may struggle with that obligation, however, leading to them accumulating child support arrears.

There is no question that parents should do everything in their power to fulfill their obligations to their children. Still, we cannot ignore the reality that some parents have valid reasons for why they struggle to keep up with payments.

In this article, we’ll dive deeper into the subject of child support and its importance. We’ll also highlight the different reasons why parents cannot always pay on time and the penalties stemming from that. You’ll also learn more about the process of getting unpaid child support dismissed.

What Is Child Support?

To get things started, let us first define child support. In cases where the parents of an underage child or children are divorced or separated, they usually award one parent primary custody, while designating the other as the non-custodial parent. Crucially, non-custodial parents may still have legal custody over their child even if they don’t have physical custody, according to VeryWell Family.

Regardless of which party they award primary custody, both parents still need to bear the financial responsibility of raising their child or children. The state of Arizona requires both parents to offer “reasonable support” to their kids, who the courts regard as minors.

This is where child support comes into play.

Child support divides financial responsibility among the parents. While the parent with primary custody may be in charge of paying for their kids’ daily expenses, the other parent must still provide timely payments.

The timeliness of child support payments can vary depending upon what the parents agreed upon. Often, they pay monthly. That’s probably due in no small part to many child support payments being taken directly from paychecks.

child support arrears

How Are Child Support Payments Used?

The parents will have to determine how to use the child support payments. You probably know what to expect here, though.

You can use child support payments for food, school-related expenses, medical bills, clothing, toys, and housing. If there are activities that a child wishes to try, the support payments can also go toward them.

Basically, if you use the payments for something the child benefits from, no issues will arise.

Custodial parents must refrain from using the child support payments on themselves. If the custodial parent uses the support payments on their own expenses, they may run into trouble with their co-parent and possibly the law.

How Are Child Support Payment Amounts Calculated?

There is no one set of guidelines followed by all the states in the country when it comes to determining how much child support a non-custodial parent owes.

In the state of Arizona, some of the factors considered include the child’s medical bills, childcare costs, and education expenses. The state also refers to a Schedule of Basic Support Obligations, which accounts for the number of children and the adjusted gross income of both parents. The child support payments will also be proportionate to the salaries the parents are taking home.

Figuring out the right amount of child support payments you are obligated to make and negotiating with the other party can be complicated undertakings. That’s why many parents enlist the help of experienced lawyers in these scenarios.

What Are Child Support Arrears?

Child support arrears refer to unpaid child support payments. There are also two types of child support arrears.

Assigned Child Support Arrears

First off, you have what is known as assigned child support arrears. Assigned child support arrears pile up when the non-custodial parent fails to fulfill his/her obligation while the custodial parent is on public assistance. I In a case such as that, the non-custodial parent owes money to the state as opposed to the custodial parent since the government is supporting their child.

When accounting for assigned child support arrears, there is no guarantee that the custodial parent will receive any money from the payments made by the non-custodial parent. The non-custodial parent’s priority is to pay the state in full. If there is money left over once they pay the arrears, the custodial parent will receive that amount.

Non-custodial parents who have accumulated assigned child support arrears could find themselves in a difficult position. The good news for them is that states are willing to negotiate their debts.

Unassigned Child Support Arrears

Unassigned child support arrears refer to the payments a non-custodial parent owes directly to their co-parent. This time around, the government will not receive any money from the provided back payments.

Unassigned child support arrears don’t necessarily have to be paid by the non-custodial parent provided that the parent with primary custody agrees to waive those debts. We’ll get into the process of having those child support arrears waived later in this article.

Why Do Parents Fall Behind on Child Support Payments?

We first want to reiterate in this section that it is a parent’s job to financially support their child. Becoming a parent is an enormous responsibility, and you must be ready for everything that entails before taking the plunge.

Unfortunately, circumstances do change. Some parents may want nothing more than to support their children, but the reality of their situation may prevent them from doing so.

Included below are some of the reasons why non-custodial parents may fall behind on their child support payments.

The Non-Custodial Parent No Longer Has a Job

Losing a job is a nightmarish scenario for many. Suddenly, the source of income for food, rent money, and other essential expenses are gone. Parents will also have a tough time keeping up with their child support payments if they’ve lost their job.

The Non-Custodial Parent’s New Job Pays Less

Non-custodial parents may have jobs but cannot meet the terms of the agreement with the custodial parent. This often happens when the non-custodial parent gets demoted at work or if they’re starting a new job that doesn’t pay as well.

The issue here is that the agreement both parties signed up for previously is no longer an accurate representation of the parents’ current financial situations. Now that one party is making significantly less money, they cannot abide by the guidelines set in the agreement.

The Non-Custodial Parent Has a Serious Medical Condition

The non-custodial parent’s medical condition could also explain why they can no longer make payments on time. The parent in question may have recently suffered a heart attack and is currently unable to work. It’s also possible that they had to undergo emergency surgery that has impacted their finances.

A chronic illness affecting the non-custodial parent may also worsen over time. Because of that, their medical expenses may increase, thus making it harder for them to fulfill their obligation to their child.

The Non-Custodial Parent Is Unable to Pay the Arrears Due to Interest Accrued

Yes, interest can indeed accumulate on overdue child support payments. The interest rates can vary depending on the state.

Some states like Connecticut, Delaware, and Hawaii don’t add interest to child support arrears, according to the National Conference of State Legislatures. Meanwhile, states such as Colorado, Kentucky, and Washington impose an annual interest rate of 12 percent. In Arizona, an interest rate of 10 percent per annum is on arrears.

As a non-custodial parent working to make up for unpaid child support, you may be caught off guard by the accumulated interest. You may have assumed that you had enough money to cover your missed payments only to find out later that the added interest means you have more work to do.

What Are the Penalties Imposed on Parents Who Cannot Make Child Support Payments?

Once they determine that you’re missing child support payments and there’s no valid reason, you can find yourself facing serious consequences. Debt.org has highlighted some of the penalties.

A Bad Credit Score

Remember that loan you were planning to take out to start your dream business? Well, you may need to bid farewell to that dream if you’ve been late on your child support payments.

The government allows credit agencies to know if you’re missing those payments. The agencies may adjust your credit score to reflect that. You’ll probably have a hard time securing a loan, and even if you do, the terms may be difficult for you.

The Loss of a Driver’s License

Getting around town could become an ordeal unto itself if you start missing child support payments. The state may suspend your driver’s license, and you may need to pay up before you get it back.

Your Finances Are Targeted

The government has a way of making unwilling debtors pay up. In the case of parents not paying child support, the government can order wages to be garnished or seize tax returns.

A Jail or Prison Sentence

Among the penalties people may be hit with if they fail to comply with the law is incarceration. Don’t assume that you can avoid that kind of punishment even if we’re only talking about unpaid child support.

Since the courts mandate child support payments, you could find yourself in legal hot water if you fail to pay. On top of that, accumulating a hefty bill for child support owed could land you in prison.

How Do You Get Your Child Support Arrears Waived?

We’ve already highlighted some of the reasons why parents can’t pay child support as well as the penalties they may face for their failure to comply with a government order. You probably want nothing to do with prison, so the best thing you can do if you cannot make payments any longer is to get the arrears waived.

Here is how you get unassigned child support arrears waived or reduced:

Get in Touch with Your Co-Parent – Start the process by contacting your co-parent and explain why you no longer can make the payments in your agreement. You will need them to agree to the revised terms, or else nothing will happen.
Create a New Written Agreement – Together with your respective lawyers, you and your co-parent must now work on crafting a revised agreement. The lawyers will help you avoid mistakes and ensure that the document is ready for the next step.
File the New Agreement with the Court – Now that the new agreement is ready, you can file it with the court. Remember to include the explanations for why you’re revising the agreement in the document.
See What the Court Decides – There is no guarantee that the court will sign off on the revised agreement. As far as the court is concerned, their job is to see that you meet the best interests of the child or children.
Tweak the Agreement and Re-file – In cases where the court didn’t approve the revised agreement, both sides can continue negotiating until they create something better. Now, here is how you get assigned child support arrears waived:

Enter Waiver Negotiations with the State – Instead of making your case to your co-parent, your main task is to convince the government that the agreement must be changed. Continue negotiating together with your lawyer until you can get the assigned arrears waived or at least reduced.
Inform Your Co-Parent – Don’t forget to inform your co-parent about the steps you’re taking to have your arrears waived or reduced. While evaluating your request, the court may get in touch with your co-parent, and the information they provide may influence the court’s decision.
Follow the Court’s Conditions – According to LegalZoom, the court may require you to meet certain conditions if you want your debt waived or reduced. Understand those conditions well and make sure you follow them as best you can.

You’ll have a tough time negotiating agreements regarding child support and child support arrears on your own. It’s best to partner up with a lawyer who has experience regarding these cases. Work with us at the Schill Law Group and we will do everything in our power to secure the best agreement for you, your co-parent, and your children.

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Understanding the Arizona DUI Laws

by John Schill | Sep 23, 2020 | DUI, Laws

DUI ATTORNEYS

MORE THAN 100 YEARS COMBINED EXPERIENCE

Understanding the Arizona DUI Laws

Few things can be as dangerous on the road as a drunk driver. Arizona DUI laws are supposed to keep residents safe from them.

However, not everyone may fully understand those laws, and that can be a real problem. If people are not aware of what constitutes driving under the influence in Arizona, then they may wrongly assume that they are not breaking any laws when they get behind the wheel of their car.

Some drivers may also be unaware of what penalties wait for them if they are driving under the influence. In that case, further education is welcome because a lot of Arizona drivers will decide to sober up knowing how big of a risk they could be taking.

Find out more about the Arizona DUI laws and develop a better understanding of why drunk driving is an awful idea by reading on.

The Statistics Showing Why We Need to Sober Up

Even one death or injury caused by drunk driving is one too many. Sadly, this demonstration of grossly irresponsible behavior can lead to more than a terrible incident.

According to Responsibility.org, alcohol-impaired driving fatalities accounted for 28.2 percent of total driving deaths in Arizona. Furthermore, 20 percent of under-21 driving-related fatalities in the state are young people who took to the road while they were still experiencing the effects of the alcoholic drinks they consumed.

What’s probably even more concerning is that instances of people driving under the influence in Arizona have increased in recent years.

The same site notes the 10-year change in alcohol-impaired driving fatalities per 100,000 members of the population. They note that for the timeframe going from 2009 to 2018, there was a 15.6 percent increase in those alcohol-influenced driving fatalities.

Even if you only account for the drivers under the age of 21, the increase is still notably increased. For that same period of time, there was a 3.1 percent increase in the number of under 21 alcohol-related driving fatalities per 100,000 members of the population.

Those trends are highly disturbing, and they must be slowed down as soon as possible. Teaching more motorists about what constitutes drunk driving could help in that regard.

DUI laws in AZ

What Qualifies as Driving Under the Influence in Arizona?

There are different levels of driving under the influence in Arizona. They come with different penalties so learning more about them is crucial.

DUI

First off, you have DUI cases. Notably, what constitutes a DUI charge can vary depending on why the driver was on the road.

The BAC (blood alcohol concentration) level for drivers of private vehicles cannot be above .08 percent. While you might assume that it takes a while before your blood alcohol concentration reaches that level, that is not necessarily the case.

Per the Arizona Department of Public Safety, even a single 8-ounce beer can cause your BAC level to surpass that threshold. That’s especially true if you are on the lighter side in terms of weight.

The threshold is even lower if you are the driver of a commercial vehicle, i.e., buses, taxis, or other similar modes of transportation. Instead of .08 percent, the BAC threshold for commercial drivers is 04 percent.

As you can imagine, it’s even easier to go past that limit as even a 5-ounce glass of wine could be enough to disqualify you from getting behind the wheel if you’re a commercial vehicle driver.

Individuals under the age of 21 are not allowed to drive if they have had any alcohol at all.

What Are the DUI Penalties in Arizona?

The severity of the penalties after being cited for DUI depends on whether the incident in question represents your first time with such an offense or if you’re a repeat offender.

For First-Time Offenders:

Community Service – You will be required to render a certain amount of community service.
Mandatory Alcohol Screening – Offending drivers will be required to undergo alcohol screening following their arrest. The screening is also necessary if the offending individual wants to reinstate his/her driving privileges.
Traffic Survival School – You must attend Traffic Survival School if you want to reclaim your driving privileges.
Installation of Certified Ignition Interlock Device – A certified ignition interlock device keeps your vehicle from starting if your BAC is above a certain level. You will have to blow into it if you want to drive. The device may also ask you to blow into it additional times after you start driving.
Loss of Driving Privileges – You will lose your driving privileges right away after being arrested for DUI. Your license could end up suspended anywhere from 90 days up to a year.
Jail Time – Behaving irresponsibly can land some drivers in jail. First-time offenders may spend 24 hours in jail or serve a sentence that goes up to 10 days.
Fines – A $250 base fine on first-time DUI offenders.

For Second-Time Offenders:

Community Service
Mandatory Alcohol Screening
Traffic Survival School Attendance
Installation of Certified Ignition Interlock Device
Loss of Driving Privilege – Your driver’s license will be suspended for a year at least.
Jail Time – Second-time offenders may be sentenced to a 30-day stay in jail, but that can go up to 90 days.
Fines – The base fine climbs to $500 for second-time DUI offenders.

For Third-Time Offenders:

Community Service
Mandatory Alcohol Screening
Traffic Survival School Attendance
Installation of Certified Ignition Interlock Device
Loss of Driving Privileges – You won’t be able to drive for a year.
Jail Time – Third-time DUI offenders can expect to spend a minimum of four months in jail.
Fines – Third-time DUI offenders will pay a $750 base fine.

Extreme DUI

Arizona DUI laws also account for cases of extreme DUI. These are the cases wherein the driver’s BAC level is above 0.15 percent.

Unsurprisingly, penalties are harsher for individuals found guilty of extreme DUI, as the Arizona Department of Transportation shows.

For First-Time Offenders:

Community Service
Mandatory Alcohol Screening
Traffic Survival School Attendance
Installation of Certified Ignition Interlock Device
Loss of Driving Privileges
Jail Time – Your jail sentence is not going to be anything shorter than 30 days. On top of that, you will not be eligible for probation or a suspended sentence.
Fines – People driving with a BAC level over 0.15 percent will pay a fine no smaller than $2,500.

For Repeat Offenders:

Community Service
Mandatory Alcohol Screening
Traffic Survival School Attendance
Installation of Certified Ignition Interlock Device
Loss of Driving Privileges
Jail Time – An additional extreme DUI arrest can lead to you spending at least 120 days in jail.
Fines – Along with all the other penalties, repeat extreme DUI offenders must also pay a fine of at least $3,250.

What Is Aggravated DUI?

There is also a violation known as aggravated DUI in the state of Arizona. You can be charged with aggravated DUI if the following conditions apply:

You are guilty of a DUI offense while your driver’s license was still suspended, canceled, or revoked.
You had two prior DUI charges on your permanent driving record when you were cited for the same violation a third time within a span of 84 months.
You had a person under the age of 15 inside the vehicle while you were driving under the influence.
You committed a DUI offense while a certified ignition interlock device was in your vehicle.
You refuse to submit a blood alcohol content test while a certified ignition interlock device was in your vehicle.

dui penalties

The Penalties for an Aggravated DUI Charge

The penalties you’ll face if the state finds you guilty of aggravated DUI are pretty similar to the ones that accompany other DUI charges. You’ll need to render community service, submit to alcohol screening, attend Traffic Survival School, have a certified ignition interlock device installed on your vehicle, and lose your driving privilege.

You’ll also be facing jail time. This time around, your jail sentence could last up to two years.

Can You Be Charged with DUI Even without Driving?

Arizona takes road safety seriously. In addition to their DUI guidelines and penalties, they have also enacted a law that hopes to curtail a DUI offense before it can even begin.

According to the Arizona Governor’s Office of Highway Safety, it is illegal for anyone to be in “actual physical control” of a vehicle if they are under the intoxicating influence of alcohol.

So, what does that mean? Well, it means that you should remember to steer clear of the driver’s seat if you’ve been drinking.

They can find you guilty of this offense if a police officer sees you behind the wheel of the vehicle while it is running. The headlights of the vehicle being turned on could also spell trouble for you.

The location of the vehicle also matters. If it was in a parking lot while you were resting in the driver’s seat, then you’re probably in the clear. If the vehicle was stopped on the road or perhaps about to enter the road, you may have a hard time arguing your innocence.

This law pertaining to “actual physical control” of the vehicle is one of the trickier ones to argue against. Lawyer up if the state is charging you with this type of violation.

How the Government Is Working to Curb Drunk Driving

In addition to the harsh DUI laws and penalties, the government is also doing other things to help discourage drivers from getting into the driver’s seat while drunk.

According to the Centers for Disease Control and Prevention, these measures include establishing sobriety checkpoints and having high-visibility saturation patrols roam the streets at times during which drunk driving is more prevalent.

To further discourage young drivers from taking to the road while drunk, the government is also investing in school-based instructional programs.

What You Can Do to Avoid Drunk Driving

Stopping the epidemic of drunk driving starts with ourselves. By being smarter and more responsible whenever we go out, our roads can become significantly safer.

Listed below are some tips for you to follow if you want to avoid drunk driving.

Bring Extra Cash if You’re Going Out

It’s easy to say that you won’t have an alcohol drink while you’re still at home. The reality, though, is that your mood might change as soon as you reach the restaurant or the bar. At that point, refusing the temptation of having an drink becomes significantly harder.

Training yourself to say no to an alcoholic drink is important, but you should be ready if you cannot resist that temptation.

Err on the side of caution by taking some extra cash with you. If possible, make sure the cash is a little over what you’ll need to pay for a ride home.

You may be hesitant to use your smartphone to pay for anything while you’re intoxicated, so go ahead and hail a taxi and pay with cash.

Make Sure Your Smartphone Is Charged

While we’re on the subject of smartphones, it’s also a good idea to bring yours along whenever you go out. Like we said above, we can never be certain what will happen once we’re outside.

Thanks to your smartphone, you can call up a family member or friend to pick you up if you’ve been drinking. There’s no need to even attempt to drive home while drunk.

Don’t Take Your Car with You if You’re Planning to Have Some Drinks

Perhaps the easiest way to avoid the temptation of driving while drunk is to leave your vehicle at home. With the prevalence of ride-sharing services these days, you don’t need to take your car with you every time you want to go blow off some steam.

Leave the car keys at home, book a ride, and enjoy your night out without endangering yourself or anyone else.

Driving under the influence of alcohol is never acceptable. It puts you and numerous other drivers and passengers in danger. On top of all that, you could quickly find yourself in a legal nightmare if you’re drunk driving.

If you’ve made that mistake, you need to face the charges properly. Allow us at the Schill Law Group to help you get a fair sentence from the court. Reach out to us today to learn about our services.

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