Apr 20
Divorce is often an emotional event for everyone involved. The process can be relatively simple for those who have not been married long and have little marital property. However, that is not always the case, and things can be complicated very easily when there are certain circumstances. The truth about divorces is that they typically have multiple aspects regarding the whole of the family, and while disposition of children and recognition of the rights of everyone involved is important, division of marital assets may be even more important in many cases. This is especially true for divorcing couples with significant wealth that could also include personal holdings. This determination could be get intense during the divorce process, and it is always a good decision to retain an experienced Scottsdale Ariz family attorney to assist in the marital property division process.
Marital Asset Identification
The first step in marital property division is deciding what is owned jointly, as each asset is evaluated for actual ownership and possession. Financial and real estate holdings are usually central to this determination, but other assets and physical property can be included.
Property Values
The next step in the property division process is valuation agreement for each item. Married couples do not always agree on the worth of their marital property, but certain assets can be valuated by documentation.
Mediation Proceeding
Arizona courts usually request divorcing couples go through mediation regarding all divorce issues, and property division is central to these proceedings. Meetings are informal and private, and the only public record will be the final divorce agreement. Having effective counsel is important because the meetings are designed to produce a binding legal agreement that controls disposition of all community property, and the agreement is typically permanent.
Contact the Law Office of Hope Fruchtman
Property division is a divorce issue that should never be taken lightly. Arizona residents should contact the Law Office of Hope Fruchtman, Scottsdale Ariz family attorney, for comprehensive and personal representation.
Apr 05
Separation and divorce can be very difficult for your children. While you may have ill feelings and animosity toward the other parent, it is important to take actions to serve your children’s best interest and limit their exposure to conflict. A Scottsdale AZ family attorney can provide legal advice about how to help your children during a separation. We can also assist with ensuring that the other parent also acts accordingly.
What are some ways to help your children during a separation?
Here are a few suggestions of ways to help your children while you are separated from the other parent:
- Avoid talking about the separation: Children should not be told about the details of the separation, as it can create added stress on them
- Do not speak ill about the other parent: Understand that your children love the other parent and it is difficult on them when you say negative things
- Do not coach or try to influence the child: Refrain from trying to coach your children into saying or doing things that may adversely affect their relationship with the parent
- Maintain routines: Try to maintain routines and schedules as much as possible to make the change less significant
- Be there for your children: Make sure your children know you love them and understand that separation is difficult for them too
Contact an attorney for advice
A Scottsdale AZ family attorney can provide legal advice about ways to help your children cope with the separation. We can also help you take legal action to ensure that the children’s best interests are served.
If you are going through a separation or divorce, contact the Law Office of Hope Fruchtman for advice and legal representation. We will advocate for you and strive to obtain a result that is in your children’s best interest. Call the Law Office of Hope Fruchtman today.
Mar 22
When a minor child’s parents are unable to act in the child’s best interest, it may be necessary to obtain a minor guardianship. There are specific procedures and laws that apply to a minor guardianship, so it is important to ensure that these are followed. A Scottsdale AZ family lawyer can provide legal advice and representation to help you pursue or challenge a minor guardianship.
What does a minor guardianship involve?
To pursue a minor guardianship, a person who is interested in the welfare of the child files a petition with the court seeking to appoint either themselves or some other person as the child’s legal guardian. The parents of the child must be given notice of the request and provided with an opportunity to be heard in the matter.
To grant a request for a minor guardianship, the court must find that there are grounds for the guardianship and that it is in the child’s best interest. Some grounds for a minor guardianship may include abuse, neglect, abandonment, addiction, and instability.
The court may appoint independent third parties to investigate certain facts related to the minor guardianship and to make a recommendation as to what outcome is in the child’s best interest.
How long does a guardianship last?
If a minor guardianship has been ordered by the court, it may be modified or terminated if doing so would be in the child’s best interest. Parental rights are highly protected by the United States Constitution, so parents are given opportunities to be heard.
How can an attorney help?
A Scottsdale AZ family lawyer from the Law Office of Hope Fruchtman can help you pursue, challenge, modify or terminate a minor guardianship. We can help you understand the law and your rights. If you need assistance with a minor guardianship or have questions, then contact the Law Office of Hope Fruchtman to schedule an appointment.
Mar 09
Parents who are separated may struggle with making the most of parenting time with the children. Because parenting time is sometimes limited, it is important to spend quality time to bond with your children.
Way to make the most of parenting time
Following are a few suggestions to maximize the benefits of parenting time with your children.
1) Participate in activities with the children–your parenting time is a great opportunity to make memories and have fun. Find out what things your children enjoy doing and make efforts to engage in those activities.
2) Take time to communicate–talk with your kids. Find out what is going on in their lives and what they are passionate about. Be genuinely interested in what they say and let them know that you care.
3) Provide structure and routine–although it may be tempting to be the “fun” parent, it is important to provide appropriate structure and routine for the children. By communicating with the other parent, you can try to coordinate schedules, routines and discipline tactics. Consistency is important for your children.
4) Do not speak negatively about the other parent–regardless of how you may feel about the other parent, they are still the mother or father of your children. Avoid saying or doing things that may influence your children’s feelings about their other parent. Be supportive of their relationship with them.
5) Avoid distractions–put away your electronic devices and other distractions. It means a lot to a child to know that you are giving them your full and complete attention. Arrange your schedule in such a way that distractions or schedule conflicts will be minimized.
Can you modify parenting time?
If there are issues with your current custody arrangement, then you may be able to modify the schedule. A family lawyer in Scottsdale AZ can help you with this process. A family lawyer in Scottsdale AZ will provide helpful legal advice about your parenting time.
Attorney Hope Fruchtman and the Fruchtman Law Firm have experience assisting parents with a variety of custody concerns. Contact the Fruchtman Law Firm to schedule an appointment.
Feb 23
When most people who are married decide the arrangement is not viable, they choose to get a divorce. However, in other cases where certain criteria are met, they may seek what is known as an annulment of the marriage. Unlike a divorce that simply dissolves an existing marriage, an annulment legally recognizes the marriage as never having occurred. While this sounds simple enough to many people, getting a marriage annulled is a complex and difficult legal process. Therefore, if you are considering this option, hire an experienced and knowledgeable Scottsdale AZ family attorney with experience in these matters, such as the Fruchtman Law Firm.
While it is far more difficult to be granted an annulment than a divorce, it can happen if certain criteria are met that lead the court to conclude an annulment should be granted. For example, bigamy is often considered a valid reason for annulment, if it can be proven one party was already married to another individual when the marriage took place. Along with this, fraud can also be used to have a marriage annulled. This typically occurs if one spouse concealed their actual identity at the time of the marriage. However, in these situations, it must be proven to the court that the level of fraud that occurred would have deceived a reasonable person under similar circumstances. Other reasons typically used as grounds for annulment include duress, insanity, lack of mental capacity of one party due to mental illness or being under the influence of drugs or alcohol, or the inability of one spouse to consummate the marriage.
Due to the many complexities involved in these cases, hiring an attorney experienced in these matters is a must. Therefore, if you feel an annulment is your best option, schedule a consultation with a Scottsdale AZ family attorney from the Fruchtman Law Firm as soon as possible.
Feb 08
As a step-parent, you want to give your step-child the best in life and offer them the utmost care. In many instances, the step-parent needs to have certain rights in order to give their step-child the best care. Adoption by a step-parent is the most common type of adoption as it helps to solidify the family bond of a blended family and helps the step-parent to fulfill their role. The process of a step-parent adoption should be handled by an attorney as it is complex and if something is missed, the step-parent will not have full parental rights. A Scottsdale AZ family attorney will guide you along the process and represent you in court.
The step-parent adoption process typically includes the following steps:
Consent: Before the adoption can begin, the step-parent must get consent from both of the biological parents. The parent who will relinquish their rights will not be responsible for the child, not even for child support. It is important to note that if there is no consent, the adoption may not be legal.
Contact court and obtain legal forms: Once the court that handles adoption has been located, you should obtain the necessary legal forms. All information and documents that are requested must be submitted in order to receive a court date. An attorney at Fruchtman Law Firm can explain the forms and required documents to you.
Appear at court date and await decision: Once you have been given a court date, you should attend with a Scottsdale AZ family attorney and wait to see what the court has decided. Remember to provide all requested information.
Step-parent adoption should be handled by an attorney due to how intricate the laws are. At Fruchtman Law Firm, our professionals will work to make this process as easy as possible. Contact us for a consultation so that we can answer your questions.
Jan 25
Child custody arrangements often lead to tense interactions between parents. If one parent decides to move, that can make the situation more difficult. Despite a person’s reasons for moving, there are certain rules that need to be followed. A parent is not allowed to move without giving notice, and expect to continue the parenting agreement as it is. At the Fruchtman Law Firm, our professionals will show you the options available to you and your children in the event your ex-spouse attempts to relocate.
When a parent that shares joint custody seeks to move, there are steps they are supposed to take before the move can happen. In this instance, it is best to hire a Scottsdale AZ family attorney to help enforce this requirement. In most places, if the move is less than 50 miles, the moving parent will not need to notify the other parent. However, if the move is more than 50 miles, the moving parent should notify the other parent and court of the move, and must be granted consent before attempting to move and exercise parenting time in a different location. If this process is not followed, the parent who is not moving has options that will allow them to keep the children in their current location. A few options the non-moving parent has include:
File a motion: The non-moving parent can submit a document to alert the court of the prospective move and ask that it prevents the move from happening.
File a request for a pick-up order: An order can be issued to allow the non-moving parent to pick-up the child so that they can stay in their current location.
If you are in need of a Scottsdale AZ family attorney, contact our office. The professionals at Fruchtman Law Firm can help you take the steps to ensure your rights are protected.
Jan 11
Divorce may be the most volatile process you will ever go through. Even when spouses are in agreement that the marriage should end, it is an emotional process as both parties cope with the death of the relationship. When a divorce is imminent, one of the first questions you should ask is whether you need a Scottsdale AZ divorce attorney to walk you through the process.
The attorneys at the Fruchtman Law Firm realize it is a big decision. We offer these three ways a lawyer can help you through your divorce.
Buffering
Emotions heighten during the divorce process. An experienced attorney from Fruchtman Law Firm can act as a buffer between you and your spouse. This can help you focus on making logical decisions without pain and anger coloring your perspective.
Legal Advice
While you can file a petition for divorce yourself, you are not an expert in the field of family law. You are limited to learning as you go, listening to the experiences of others, or doing a lot of research on your own. Even the best research is unlikely to help you if the case becomes complicated with the division of assets and liabilities, child custody, or alimony. You need an expert who not only knows the court system but stays up-to-date on current changes in the law. A Scottsdale AZ divorce attorney can act as a disinterested third party and help you make tough decisions when you feel overwhelmed by the whole process.
Paperwork Preparation
While you can find forms online to file for a divorce yourself, they are pretty generic. A divorce lawyer can customize your divorce petition to address your specific situation. The attorney will also ask you thought-provoking questions to help you make sure you are not forgetting to include vital information.
Think carefully about whether you want to follow through with a divorce alone or with the skilled support of a legal expert. Your decision can make a difference that affects your future for many years to come. Contact Fruchtman Law Firm today to begin building your defense.
Dec 19
Spousal support might be ordered by a judge during divorce proceedings or upon granting a judgment for dissolution of marriage in Arizona. One person to a marriage might earn substantially more than the other. The lower earner might need financial support for a period of time in order to meet his or her reasonable needs. Either party to a marriage might be ordered to pay spousal support for that purpose. Although permanent spousal support is becoming increasingly unusual, a court may give deference to a party to a marriage who was a homemaker for decades and might be unemployable due to age and outdated job skills.
Factors Considered in Awarding Spousal Maintenance
Hope E. Fruchtman is a Scottsdale Arizona family lawyer at the Fruchtman Law Firm. Based on the evidence in the case, here are just a few of the factors that say a judge might consider in awarding or denying spousal maintenance:
- The length of the marriage.
- The standard of living of the parties.
- The physical health of the parties.
- The employment histories and earning ability of the parties.
- Whether the party seeking maintenance contributed significantly to the other party’s earning ability.
- Other financial resources of the spouse who is asking for maintenance.
Isn’t There a Formula For This?
Ms. Fruchtman advises that some judges might employ a formula for purposes of calculating maintenance, but the above factors and others must still be taken into consideration. It becomes a complicated and confusing process that a party to a divorce does not want to approach on their own.
Every divorce does not involve an award of maintenance. Before you file for a divorce, you will want to inquire with a Scottsdale Arizona family lawyer at the Fruchtman Law Firm about what rights you have in the context of maintenance. You will be listened to carefully and advised of all of your legal options.
