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The Fundamentals of Asset Division in Divorce Cases

by | Sep 4, 2017 | Divorce

Defending the People of Arizona

With more than 100 Years of combined experience

The Fundamentals of Asset Division in Divorce Cases

One of the biggest issues involved with any Arizona divorce is the division of a couple’s assets. This process involves correctly identifying what those assets actually are, determining which assets are considered to be community property or separate property, valuing all community assets, and finally dividing all community assets equally. Because this is a sensitive topic and can quickly become quite complex, it is often advisable to work with an attorney as you divide your assets. Here’s a closer look at what is involved with the process, from start to finish:

Identifying Your Assets

In order to properly divide up your assets, all parties must be aware of what assets are currently being held. To get the most accurate information, Schill Law Group typically requests that their clients provide an inventory of all assets, including real estate holdings, vehicles, businesses, household goods with substantial value, and retirement and/or investment accounts. Tax returns are another great source of information for this process. Arizona law requires both parties involved in a divorce to disclose their assets and financial holdings. In the event that your ex does not willingly disclose this information, your lawyer may need to subpoena the other party so that all assets can be properly identified. It’s important to remember that debts are treated in the same manner as assets and should, therefore, be included in this process.

Categorizing Your Assets 

Once all assets have been documented, it’s time to determine whether they are categorized as community property or as sole and separate property. Only items classified as community property can be divisible in an Arizona divorce. Generally, community property will include all assets required by either spouse throughout the duration of the marriage. Sole and separate property covers any assets that were brought into the marriage by one spouse or any assets that were gifted to only one spouse during the marriage. Categorizing your assets can become confusing and complicated when mixed assets are involved. For example, a spouse may have brought a 401(k) retirement account into the marriage but the account continued to grow throughout the marriage. While the pre-marriage balance is considered to be sole and separate property, anything accrued throughout the marriage is considered to be community property.

Valuing the Community Assets 

After you have determined which assets are classed as community property, you are ready to value these assets. While bank and financial accounts can be valued via statements, other items like real estate, businesses, jewelry, or fine art may need to be appraised.

Dividing the Community Assets 

The final step is the actual division of community assets. In some cases, both parties are able to work with their attorneys and mediators in order to come to an agreement concerning how the property will be divided. In others, a judge will need to make the final determination. Either way, Arizona law requires that community property be divided “equitably,” meaning that the division should be substantially equal. It should be noted, however, that a judge also has the discretion to make determinations about the true equitableness of each case. In addition to this, a judge may rule on an unequal division of assets to an “innocent” spouse in scenarios where a “guilty” spouse tries to hide or conceal assets.

Navigating the waters of division of assets in Arizona can be overwhelming, complicated, and stressful if you go it alone. Working with an experienced divorce attorney will simplify the process so that you can move on with your life more expediently. Let the team at Schill Law Group help you through this difficult time. Give us a call to get started today.

Your Guide to Petitioning for a Same-Sex Divorce in Arizona

by | Aug 23, 2017 | Divorce

Defending the People of Arizona

With more than 100 Years of combined experience

Your Guide to Petitioning for a Same-Sex Divorce in Arizona

Same-sex marriage has been recognized in the state of Arizona for several years now. Unfortunately, divorce is an inescapable possibility in all marriages – including those involving the same sex. The good news is that same-sex couples don’t have to jump through any special hoops in order to dissolve their marriages. In fact, the rights and laws that pertain to dividing property, assets, debt, child support, and custody are the same for same-sex couples as those for heterosexual couples. Even so, same-sex couples may have unique experiences throughout the divorce process and understanding what’s involved with this process can help you know what to expect.

Petitioning for a Same-Sex Divorce in Arizona

The first step in dissolving your same-sex marriage in Arizona should be to seek out legal advice. The experts at Schill Law Group, for example, can help you make smart decisions regarding the best course of action for you, your ex, and your children. From here, you will complete a “Petition for Dissolution of Marriage” to be filed with the court. Filing the paperwork will result in being assigned a case number that you will need to refer to throughout the divorce process. In order to ensure that things get done quickly, efficiently, and correctly, we recommend having all paperwork filed with the court system prepared by a legal professional.

Taking the Next Steps

After the initial petition for a same-sex divorce has been filed, you’ll need to have your spouse legally served with the paperwork and offer proof of this service to the court. This will provide him or her with the opportunity to review your petition, seek legal representation, and file a response. Depending on your mutual debts, assets, and family situation, you may both need to work with mediators and legal counsel in order to come up with an agreement that works for everyone’s best interests.

Child Custody Issues in Same-Sex Divorces

For the most part, petitioning for a same-sex divorce and following through with the various steps for dissolving a marriage in the state of Arizona is identical to the experience of a heterosexual couple. In the case of child custody, however, same-sex couples may encounter some unique challenges or difficulties. In many cases, it is difficult for both parents in a same-sex marriage to have their names listed on their child’s birth certificate. While states like California allow two mothers and two fathers to be named on a certificate of live birth. Arizona law currently only allows one mother and one father to be listed. This can create conflict and confusion when it’s time to reach an agreement concerning which is the “rightful” parent and who gets custody of a child or children. Although the system is not yet perfected, we have recently seen Arizona custody cases where same-sex couples are treated with the same “presumption of paternity” as heterosexual couples. To ensure that you are treated fairly, however, we urge you to work with an experienced divorce attorney.

Other Arizona Family Law Issues in Same-Sex Divorces

One other question that same-sex couples may have when dissolving a marriage involves how the length of the marriage is actually determined. This can be confusing when considering that a couple may have entered into a partnership or civil union in one state, been named domestic partners in another, and finally married in another state. A lawyer can help you determine what constitutes the correct length of your marriage.

Do you need legal assistance with your same-sex divorce in Arizona?  Give us a call to learn more today.

5 Mistakes to Avoid When Negotiating Child Custody

by | Aug 6, 2017 | Custody, Divorce

Defending the People of Arizona

With more than 100 Years of combined experience

5 Mistakes to Avoid When Negotiating Child Custody

No matter how smoothly a divorce seems to go, the subject of child custody is almost always a harrowing one. Even spouses who are splitting amicably and get along every step of the way can butt heads when it comes to their children and how things will be handled concerning them for the foreseeable future. Parents who do not get along will have an even rougher time. The attorneys at Schill Law Group would hate to see things go badly, so we’ve compiled five mistakes that you should avoid when negotiating child custody.

Losing Your Temper

Working through a child custody battle can quickly get tempers to flare. Both parents love their children and want to spend as much time with them as they possibly can after a divorce has been finalized. This often means that emotions are right on the surface, just waiting to come out. However, this is when you must remain calm at all costs. Losing your temper can cause you to be viewed negatively as a parent, which can affect the outcome of the custody negotiations.

Putting Your Interests Above Those of the Child

Courts want to see that you care about your child above all else – and that includes you and your own interests. Every decision that you make should be in the best interest of the child. Many parents, for example, want to move away from the area in which they currently reside in order to “start fresh.” But uprooting your children can cause undue stress on your kids, so the proper strategy might be to stay in the same area following the divorce. The attorneys at Schill Law Group can help you with these types of decisions and how they will be viewed by the court.

Being Absent From Your Child’s Needs

We know you’re busy. We know you work hard. And we know that you love your children more than anything. Unfortunately, when you have a habit of inconsistencies or are constantly rescheduling appointments or meet-ups with your child, this sends a negative message and will hurt you during custody negotiations.

Refusing to Work with Your Former Spouse

This is not the time to be difficult and hard to work with. Courts will pick up on a spouse who is gritting their teeth through every part of the negotiation process and you could lose your foothold in your case very quickly. We suggest that you put the interest of the child above all else and prove to the court that you can work with your former spouse to care for your child in a positive and constructive way. After all, negativity helps no one and hurts everyone.

Flaunting a New Relationship

Regardless of what stage your divorce is in, there’s a good chance that you’ll want to move on sooner or later. However, the court can view flaunting a new relationship negatively, especially if it seems to take up too much of your time – time that you could be spending with your child. Plus, it could infuriate a scorned spouse and make him or her more unyielding on certain issues.

Are you planning a divorce and need someone on your side? Do you have questions related to divorce, child custody, or similar issues? Call the Schill Law Group to discuss your situation and the best way to move forward.

 

Legal Separation vs Divorce

by | Aug 1, 2017 | Divorce, Legal Seperation

Defending the People of Arizona

With more than 100 Years of combined experience

Legal Separation vs Divorce

One of the most common questions couples have when starting the divorce process is whether they should establish a legal separation prior to getting a divorce. The usefulness of a legal separation is generally quite limited, except in specific situations, so the answer is typically “no.”

Legal Separation vs Divorce

On the surface, a legal separation looks very similar to a divorce. Property is divided up and marital property ceases to exist. Arrangements for custody and child support are also made in cases where minor children are involved. Even so, a legally separated couple is still legally married. Unlike a divorce, both parties must agree to a legal separation before it can be granted. If either spouse wants a divorce instead of a legal separation, the court will rule in favor of the case being converted to a divorce. Should the couple decide to permanently end the marriage by pursuing a divorce after establishing a legal separation, they will be required to go through the divorce process from start to finish, thus taking up more time and further expenses for both parties. Consequently, it is generally advised that you pursue a divorce in favor of a legal separation. The Schill Law Group can provide legal advice to help you make an informed decision.

Reasons for a Legal Separation

Here are a few situations when a legal separation may be the right course of action: To Meet Domicile Requirements In order to get divorced in Arizona, at least one of the spouses is required to have been domiciled in the state for a minimum of 90 days. Legal separations do not have this same requirement. If you are eager to obtain certain protections, it may be wise to file for a legal separation, and then have the case converted to divorce after the 90-day waiting period has ended. To Honor Religious Beliefs Some religious beliefs strongly oppose divorce. Devout followers may opt for a legal separation instead of a divorce in order to adhere to their beliefs. To Stay on a Spouse’s Medical Insurance In cases where ex-spouses are still on good terms, they may want to allow the other party to remain attached to their medical insurance. In order to do so, the spouses will need to remain legally married so a legal separation is ideal. Hope of Reconciliation Finally, some spouses may come to the conclusion that they need a long-term separation but hope to reconcile, which creates the need for property and custodial arrangements found in a legal separation.

Which is right for you: a legal separation or a divorce? The attorneys at Schill Law Group can help you make the best decision. Give us a call for a free case evaluation today.

A Quick Review of Arizona’s Custody Arrangements

by | Jul 27, 2017 | Custody, Divorce

Defending the People of Arizona

With more than 100 Years of combined experience

A Quick Review of Arizona’s Custody Arrangements

Getting a divorce is always difficult, but things become even more complex when minor children are involved. Making decisions about child custody is often the most emotional and challenging aspects of the separation. Both parents love their children, and each will have their own unique opinion about what types of custody and visitation arrangements are in their kids’ best interests. Having an understanding of your options and what goes into making a final custody determination can help you make the best and most educated decision for your children.

Types of Child Custody Arrangements in Arizona

Sole Physical Custody

Here, only one parent maintains physical custody of the child or children. This means that any minor children will reside strictly with the parent maintaining sole physical custody, and that the custodial parent is 100% responsible for providing supervision. The other parent may still be granted visitation; however, the court must review and approve the plan for such visitation.

Joint Physical Custody

In this type of custodial arrangement, both parents will be legally entitled to significant time periods of physical custody. For example, the child or children may move between his or her parents’ homes every other week, or a similar arrangement may be made. This allows both parents to enjoy a higher degree of continuing contact with their children, and will enable them to maintain a more active role in supervising and child-rearing.

Sole Legal Decision Making

Legal decision making differs from physical custody in that it goes beyond physical living arrangements and supervision, and involves comprehensive decision-making with regards to a child’s health, education, and overall welfare. In situations where sole legal decision making is given, only one parent is granted this level of decision-making power. The other parent will still be able to retain his or her visitation rights, regardless of who is granted sole legal decision making.

Joint Legal Decision Making

Although sole legal decision making is the most commonly granted custody arrangement in Arizona divorces, the court system much prefers the idea of an arrangement with joint legal decision making of all minor children. In this type of arrangement, both parents equally share the right and responsibility to make important decisions about their children’s health, education, and welfare. In order to achieve joint legal decision making, a workable “parenting plan” must be submitted to the court and both parties must be willing and able to cooperate with one another.

Because both parents need to come to an agreement concerning the custody of their minor children, the assistance of an objective third party, such as an attorney or a mediator, may be needed in order to reach a fair and reasonable decision. In the event that both parents are unable to come to an agreement, the court will make the final decision. Arizona judges are required to review the facts and make determinations based on factors including the child’s past, present, and future relationships between each parent; the types of adjustments a child may need to make regarding home, school, and community; the mental health of the child and each parent; any history of violence or abuse from either parent; as well as a number of other items.

Whenever the court becomes actively involved in the process of making a decision about child custody, it’s important to have a skilled attorney on your side. The professionals at Schill Law Group are here to help. Give us a call to learn more today and to discuss your case.

Starting the Divorce Process in Arizona

by | Jul 25, 2017 | Divorce

Defending the People of Arizona

With more than 100 Years of combined experience

Starting the Divorce Process in Arizona

As common as divorces are in the United States, the process can be complicated, stressful, or even overwhelming. In fact, mental health experts have gone so far as to say that divorce is just as stressful, if not more, than the death of a spouse. It’s not surprising, then, that many people find themselves at a total loss as to where to even begin in the divorce process. From a legal perspective, there are several important steps to immediately consider, and others to keep in mind moving forward with a divorce. The right attorney is crucial to help navigate the individual through the process one step at a time.

Before Filing for Divorce in Arizona

Step 1 – Carefully Think Through Your Decision

Before filing any paperwork with the courts, clients should spend time reflecting on the state of their marriage and the best course of action. For some partners, counseling and communication can allow for reconciliation and a renewed commitment to one another. Only when you feel that you have exhausted reasonable possibilities should you move forward with the divorce process.

Step 2 – Plan Things Out

If you are not already separated, you’ll need to consider financial arrangements. Make sure that you have full access to your funds in order to pay bills, hire legal representation, and gather information about the debts and assets of you and your spouse.

Step 3 – Hire an Attorney

Don’t go it alone. Remember, you’re going through a difficult time, and the last thing you want is for important documents or deadlines to fall through the cracks. Neither do you want to sign off on something that could potentially harm you in the long run. Hiring an attorney to provide sound legal advice will help alleviate some of the stress caused by a divorce.

Filing for Divorce in Arizona

If you have a reputable divorce attorney on your team, the two of you will walk through the following steps together:

Step 4 – File the Case

In order to get the ball rolling, you must file a petition to dissolve your marriage, along with a few other required documents that your attorney will complete with you.

Step 5 – Serve the Documents

If you’re the case petitioner (the one filing for divorce), you’ll need to have a process server or an Arizona sheriff deputy serve the divorce documents to your spouse. If you have been served with divorce documents, you’ll need to hire an attorney and respond within an established response deadline.

Step 6 – Gather Evidence

Once a petition has been filed and served, and after a response has been filed, both you and your spouse will enter into the discovery process. Here, you and/or lawyer will work to gather evidence pertaining to proof of income, debts, and assets of yourself and the other party. In instances where children are involved, the discovery process may also include obtaining information about the custody arrangement that is in the children’s best interest.

Step 7 – Attempt to Settle

Next, you and your spouse (along with your attorneys) will have the opportunity to attempt to resolve your case by a settlement. This often involves written proposals and mediation.

Step 8 – Court Trial

If you and your spouse are unable to come to a settlement agreement, a judge will need to intervene. All contested issues will be presented to the judge, and he or she will render a final decision.

Have you decided that divorce is the necessary path for you? Let the experts at Schill Law Group help guide you through the process. Give us a call to learn more today.

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