by gary | Mar 6, 2025 | Uncategorized
Property division is an important component of the divorce law, which defines how marital property should be divided between spouses. In Phoenix, the family law judge determines who gets what under the property settlement agreement. Understanding how property division works can help you better prepare for your divorce and what to expect.
How Property Division Works in Phoenix
When a marriage is dissolved in Arizona, all marital property and debt are distributed between spouses. The divorcing couple can decide whether they want to divide the property on their own through a property settlement or have a court divide. In both cases, the property division process comprises three steps:
- Determining which property and debts are marital, and which ones are separate
- Determining the value of the marital (community) property
- Distributing marital property as deemed appropriate
During the property division process, only marital property is eligible, and it comprises the assets and debts that the couple has acquired during their marriage. In this regard, separate property remains with the owner and is not distributed during the divorce. It includes the property that a spouse already owned before they got married. This also includes the property that a spouse acquired after a marriage has ended, inherited, or received as a gift.
Key Considerations in Property Division
The Arizona property division law requires judges to divide community property equitably during divorce. This means that the property will be a near 50/50 split. However, the term equitable does not always mean that the property is divided equal to the dollar. In most cases, the court considers fairness based on several factors such as the value and type of asset. However, marital conduct, including a spouse’s poor behavior or infidelity does not influence property division.
Another notable issue that often arises in property division is community waste. This issue applies when one spouse uses community funds for non-beneficial purposes, such as substance abuse, gambling, or extramarital affairs. If community waste is proven, then the other spouse may receive reimbursement for their share of the wasted funds.
To simplify the process, you can use a methodical approach that makes property division manageable. Simply make a clear inventory to help you with the legal process and ensure productive negotiations:
- Identify your property: Start by compiling a list of all assets and debts
- Categorize them: Determine items that fall under community property and the separate ones
- Value the property: Assign a fair market value for every item in your list
- Document: gather all relevant paperwork, including deeds, titles, and account statements
Is Arizona a Community Property State
Arizona is a community property state in which the law states that both spouses own all the property and debt they acquired during their marriage. During divorce, this community property is divided equally between the husband and wife. However, a few exceptions can change this 50-50 distribution. For instance, the couple may have a valid prenuptial agreement that outlines the specific ways the marital property should be divided.
Several properties count as marital in addition to houses and cars. These include:
- Real estate or raw land
- Businesses
- Bank accounts and savings
- IRAs and pensions
- Work wages and other income
- Retirement accounts or 401(k) plans
- Ownership interests
- Dividends
- Investments
- Furniture
- Art
- Valuable items like antiques, jewelry, and rare collectibles.
Any debt incurred by the couple during marriage is also considered communal and is divisible between the spouses. This included even instances when such debt benefitted only one of the spouses. For example, one spouse may have used credit to buy new hobby tools. This debt will be shared between the couple even if the other spouse never used the tools.
Why You Needed a Competent Divorce Lawyer in the Property Division
Property division is one of the most challenging phases of getting a divorce. Many divorcing spouses tend to be anxious about how their property will be divided and its impact on their finances. Some even become distrustful or angry towards their former partner, turning an already complex legal process into something more contentious.
A competent divorce attorney will protect you and your property during this part of your divorce. They will help you understand the property division process in Phoenix, ensuring that your rights and assets are secured. They will also effectively represent you in a difficult dispute for a favorable outcome.
Get Legal Support for Your Marital Property Division
While several things may be going through your mind during divorce, protecting your assets and finances should be a minor priority. A divorce lawyer will help you overcome the hurdle by skillfully setting up legal strategies for you. Reach out to us at Schill Law Group to see how our experience can help you during the entire process of marital property division.
by gary | Mar 6, 2025 | Paternity
If you are considering or going through a divorce, you are probably wondering, “How can I find the best paternity lawyers near me?” You may have a pressing question or a matter that you would like to discuss with some qualified legal personnel. At Schill Law Group, we would love to hear from you and help you navigate the complex paternity issues. Our team at Phoenix hopes to make the entire process easier for you and your children.
How to Find the Best Paternity Lawyers in Phoenix?
Finding the right paternity lawyer is crucial for the success of your case. Not only will you get the right representation, but a good lawyer will also guide you every step of the way. Here is a quick guide on finding the best paternity lawyer near me in Phoenix.
1.Find Somebody Local
You should hire a paternity attorney who practices in the county where your case will take place. Such a lawyer is familiar with the local rules, personalities, and procedures, allowing them to navigate the system more effectively.
2.Find an Attorney Who Practices Only Family Law
The law is quite diverse and broad, and hiring someone who concentrates exclusively on family law matters ensures your interests are well represented. Such a lawyer will have the knowledge and expertise necessary to manage the case effectively as they constantly keep up with the changing laws.
3.Only Hire a Lawyer You Feel Comfortable With
Issues related to paternity are personal and intimate areas of the law. Your attorney will need to know more about your life to properly represent you in the case. Therefore, you should hire a paternity lawyer you feel comfortable sharing your personal information. Consider whether you trust them fully and if they communicate in a way that makes you feel at ease and confident in their abilities. From your initial call, you can tell how diligent the lawyer is and whether you can comfortably work with them on your case.
4.Hire the Law Firm and Not Just the Attorney
Your interactions with the law firm usually involve people other than your paternity attorney. Before choosing a firm, consider their overall experience of their support staff, and their likelihood of being helpful with the process. You may need to find out how long the office and support staff have worked at the form and the role of their experience in expertise in providing quality representation.
5.Avoid Hiring for the Wrong Reasons
A quick search for “paternity lawyers near me” online may not outrightly get you an attorney that is best suited for your needs. When hiring, do not choose a lawyer simply because they have a reputation for being aggressive or are more willing to fight for you. Look for a lawyer who takes a collaborative approach whenever possible, which is more cost-effective, lowers the risk, and helps to preserve the relationship between co-parents.
6.Read the Social Signs
Since your interaction with a paternity lawyer involves sharing important details, social signs can help you determine the kind of person you will be working with. Consider whether they seemed genuinely interested in helping you, how they listen to your questions and answer them, and their interactions with other staff in the firm. This allows you to choose a lawyer that you can fully trust to handle your case and feel comfortable to work with.
Are You Looking for Paternity Lawyers Near Me in Phoenix?
Schill Law Group has a team of highly respected paternity lawyers in Phoenix. With years of courtroom experience and deep compassion for families in Phoenix, the firm is renowned for helping families find legal solutions within the shortest time possible. The lawyers’ deep understanding of Arizona state’s law and regulations concerning paternity allows them to provide invaluable guidance and representation to clients.
We understand that the paternity process can be daunting to any parent. However, with the right attorney, the process can be easier and friendly to all parties. Whether you are establishing paternity, addressing child support and custody matters, or disputing paternity claims, the family lawyers at Schill Law Group are well-versed in navigating the complexities of such cases.
Hire the Best Paternity Lawyers Near Me
The paternity lawyers at Schill Law Group recognize issues related to paternity as complex and emotionally charged. That’s why we are dedicated to providing the necessary support and guidance to help you navigate the legal process. We safeguard your rights, ensuring you get a fair hearing, whether you are the child’s mother or father. Get in touch with us today for any inquiries or to hire a paternity lawyer in Phoenix.
by gary | Mar 6, 2025 | Criminal Charges
If you have a criminal case in Phoenix, you have the right to represent yourself unless the court finds you mentally incompetent. However, you may lack the expertise and knowledge of the criminal law system, which limits your ability to properly represent yourself.
Why Hire a Phoenix Criminal Defense Attorney?
A criminal defense lawyer will help you from the beginning of the ordeal to the end, ensuring you are well-represented. They will bring their knowledge of the law and the people involved in the criminal justice system, increasing the chances of favorable outcomes for our case.
10 Benefits of Hiring a Criminal Defense Attorney in Phoenix
Although you are allowed to represent yourself in a criminal case, hiring a criminal defense attorney in Phoenix has several benefits.
1.Understanding of the criminal law system
Defending yourself in a criminal case can be tricky because you lack enough knowledge of the prosecutors, judges, and other members of the legal system that you may encounter. With criminal attorneys, they bring a clear understanding of the members of the criminal law system, including the prosecutors and judges. This helps you build a stronger case, fight better in your case, or trade leniency with harsh penalties.
2.Expertise in defense
Criminal attorneys in Phoenix understand every aspect of the criminal law process and court procedures. When you hire a lawyer, they focus on building a firm case on your behalf. Equipped with facts and evidence, the lawyer provides legal representation for you, defending you against criminal charges, and looks for any loopholes or inconsistencies that can work in your favor.
3.Better strategy design
Since every case is unique, it requires a different approach to handle the charges. Working closely with a criminal defense attorney ensures you measure all the events accurately and design a strategy. The lawyer will also conduct an independent investigation, negotiate, and prepare for trial to get the desired results.
4.Protection against heavy penalties
In most criminal charges, the prosecution usually comes down harshly against the alleged defendants. Even if you are innocent and falsely accused, you are still at risk of receiving a heavy penalty or sentence. A criminal defense lawyer will protect you against brutal prosecutors by ensuring that you are acquitted of false charges. They will also protect you against unfair sentencing in case you are found guilty or plead for the same.
5.Delegation of work to staff
To build a strong case, you need to execute crucial tasks. These may include gathering evidence and tracking down key witnesses. You also need to cross-examine the witnesses and prepare the necessary documents on time. When you hire a Phoenix criminal defense attorney, you also have access to qualified staff and resources to conduct such tasks. The lawyer can also find experts who can undermine the testimony of experts presented by prosecutors or testify on your behalf.
6.Risk mitigation with immediate action
Waiting has a high negative impact on criminal cases. The sooner you take action for defense against the charges against you, the higher the success rate. The longer you take to proceed with the case, it will offer prosecutors better the chances to strengthen their case against you. Hiring an attorney will help in taking prompt action and mitigating the risks and consequences of your case.
7.Damage control
Working with an experienced Phoenix criminal defense attorney by your side prohibits law enforcement from causing more damage to your case. They will not be able to contact you without going through the lawyer first, eliminating chances of getting intimidated and making uninformed, hasty decisions from your end.
8.Saves precious time
Since defense attorneys understand the proceedings of criminal cases, they take action before tricky scenarios arise. They can easily foresee possible situations, allowing you to take timely action. By proceeding through procedures quickly and accurately, a lawyer saves precious time and increases the chances of an early judgment.
9.Financial benefits
Hiring an experienced criminal defense lawyer in Phoenix may look slightly expensive at first. However, it offers impressive long-term financial benefits. In a criminal case, the defendant is usually charged with court costs, heavy fines, and charges related to prison time or bail. An experienced attorney will preempt the charges and ensure you are not missing too many working days that can jeopardize your pay.
10.Constant moral and emotional support
For most people, facing criminal charges leads to numerous emotions like anxiety fear, depression, and even shame. An experienced defense attorney will handle your case professionally and help you cope with such emotions. The lawyer can even bring in professionals for additional assistance to avoid any surprises.
Hire a Reliable Criminal Defense Attorney in Phoenix
If you are a defendant in a criminal case in Phoenix, Arizona, contact our experienced criminal defense lawyers at Schill Law Group right away. We will build the right defense strategy for our case, protect your freedom, and ensure you get the best possible outcome.
by gary | Feb 23, 2025 | Adoption Lawyers
The adoption process in Scottsdale, Arizona can be long and full of ups and downs. Although the process starts with a decision to adopt a child, you also need to prepare yourself for what to expect. With several steps involved in adopting a child, getting the help of an adoption lawyer can make the process easier and more efficient.
What Does an Adoption Lawyer Do?
An adoption lawyer specializes in adoption law, specifically all legal issues relating to adoption. This kind of attorney guides birth parents and adopting families through the adoption process with the aim of facilitating a finalized, legal adoption. The range of legal services and advice offered by adoption lawyers to prospective families include:
- Identifying a reputable adoption agency or private adoptee
- Facilitating your background check
- Preparing and reviewing paperwork
- Preparing you for your home study
- Handling legal conflicts or disputes
- Negotiating the terms of the adoption
- Communicating with adoption agencies
- Arranging reimbursements for birth expenses
- Explaining local, state, federal, and international adoption laws
Why You Need to Hire Adoption Attorney in Scottsdale, Arizona
Navigating the adoption process can be a daunting experience without a legal expert by your side. An adoption attorney can help smooth the complexities and make the process easier for you. Instead of managing all the steps entirely yourself, hiring an experienced and trustworthy adoption lawyer can help in the following ways.
Get Legal Representative
An adoption lawyer plays the crucial role of representing your interests in and out of court. Since several issues may arise during the adoption process, the lawyer will represent you in all court proceedings. They also ensure your best interests during negotiations with the adoption agency for a smooth and successful adoption. Their clear understanding of adoption laws ensures that you are well-prepared for what is needed during our appearances.
Get a Detailed Explanation of the Adoption Process
Just like any other process, adoption comprises several steps. Although it is often referred to as happy law, adoption is usually as complicated as any other area of law. In addition to drawing up a lot of paperwork and going to court, you need to understand the rights of each party involved. An experienced adoption lawyer will explain what to expect and how the process can be simplified. Once you see the big picture, you will be less anxious and better prepared to push through the legal processes and procedural complications involved with adoption.
Overcome Legal Obstacles
Adopting a child is both a life-changing and complex process that requires careful navigation of legal requirements and procedures. Securing the services of an adoption lawyer in Arizona will help you overcome legal obstacles and complications. The lawyer will help you understand and navigate the complex adoption process, ensuring you meet the necessary required legal processes and avoid delays or obstacles.
Get Expert Knowledge
The process of adopting a child can be confusing to most parties, especially if you are unfamiliar with family laws. The entire legal process comprises complex steps and processes that can be overwhelming, and even daunting to the parties involved. The expert knowledge of the adoption lawyer makes the process less intimidating. Since they are well-versed will all aspects of adoption laws and guidelines, the lawyer can help you to easily navigate the process and make well-informed decisions.
Process and Procedural Support
Hiring an adoption lawyer ensures you get all the support and guidance needed throughout the complex process. Adoption is a state affair that usually involves a lot of paperwork and documentation. With different types of adoptions being processed, it can be confusing to figure out how each works. Your attorney will guide you through the requirements and needs of each, ensuring all paperwork work has been filled out.
Speed Up the Adoption Process
Adoption lawyers are trained and well-versed in the adoption law. Their vast experience working with different families allows them to understand every aspect involved in legalizing adoption. This helps to speed up the adoption process with streamlined paperwork and court representation to complete the process. The lawyer will also advise you on how to maneuver the court process to ensure all documents are filed correctly and deadlines met.
Hire an Adoption Lawyer Today
If you have decided to adopt a child and expand your family, you may have many questions about the legal process. Our legal team at Schill Law Group will provide you will all the answers you need. Whether you want to make an inquiry or hire an adoption lawyer to walk you through the process, our lawyers are ready to help. Get in touch with us today, and let us simplify the adoption law for you.
by gary | Jan 13, 2025 | DUI
Driving under the influence is regarded as a criminal offense in Arizona. So, DUI charges are dealt with in criminal court. While you have a right to represent yourself in court, hiring a DUI attorney increases the chances of a better outcome. In fact, the majority of defendants in Scottsdale, AZ either higher an exclusive lawyer or are represented by a public defender. Since DUI law is complicated and continuously updated, and each case is unique, hiring a DUI attorney in Scottsdale Arizona increases the chances of a favorable outcome.
Why You Need a DUI Lawyer
Since driving under the influence in Arizona is a serious crime, you will need a legal representative even if it’s your first offense. A DUI lawyer with experience in defending both misdemeanor and felony cases will help you avoid severe penalties like heavy fines, time in the country jail, or your driver’s license being suspended.
The potential consequences of the first DUI offense can be harsher if it is classified as Extreme DUI or Super Extreme DUI. In such as case, an aggravated DUI comes with mandatory prison time. A DUI lawyer will represent you in a criminal court to prevent adverse outcomes of your case by ensuring all facts are considered.
It is important to have a lawyer who will go through every detail of a DUI case to build a defense. The offense will usually go on your criminal and driving record, and a single mistake can impact your life for years. You may end up with a tarnished reputation, higher insurance premiums, and limited career opportunities. Being convicted of a DUI can also result in a strained relationship with friends and family and harm your immigration status if you are a non-citizen.
With a lot at stake, the need for an experienced and competent legal representation cannot be overlooked. You will need a DUI attorney to help you navigate the criminal justice system, ensuring that your rights, freedom, and future are protected.
How an Experienced DUI Attorney Helps
If you are facing a DUI case in Arizona, you will need an attorney to protect your rights and advocate for your interests from the moment it opens until the end. The lawyer will improve the chances of the case closing with a favorable outcome in several ways:
- Challenge Your DUI Arrest: The lawyer will check for any procedural flaws in your arrest to verify that the officer who arrested you has reasonable suspicion to call for a traffic stop. Was there any evidence of driving impairment such as sudden swerving, erratic driving, or speeding?
- Challenge Evidence: A DUI lawyer knows how to challenge the evidence being produced in court. They will investigate the case for any inconsistencies, pointing out inconclusive evidence such as field sobriety tests. This ensures that any weak links in the prosecution’s case are located for a better outcome on your side.
- Work to Reduce the DUI Charge: Sometimes a DUI conviction becomes inevitable and you will need an experienced DUI attorney to help reduce the charges. The lawyer could work to have the prosecutor reduce the charge during the court process. They could help in reducing the charges from a felony to a misdemeanor, softening the consequences that you will face, including reduced jail time and fines.
- Protect Your Driving Privileges: One of the major consequences to may face as a first offense Dui is license suspension. The police may take away your license during arrest and give you a temporary driving permit. You are then required to schedule a hearing with the Arizona Department of Transportation (ADOT) within 30 days to contest the suspension. A DUI lawyer can request the hearing on time and represent you, protecting your driving privileges throughout the process.
- Help Clean Up Your Record: Even after paying your penalties, your conviction is not automatically expunged so you can start fresh without a stain on your reputation. A DUI lawyer will guide you through petitioning to have your DUI conviction expunged if you are eligible.
Choose a Scottsdale DUI Lawyer You Can Trust
A DUI is a major concern in Scottsdale, Arizona because of the potential long-term consequences if convicted, even for a first-offense DUI. We highly recommend Schill Law Group for their excellent defense services and for going the extra mile in fighting for a favorable outcome. Not only will your mind be at ease during the entire process, but you will be working with a defense team that will guide you every step of the way.
