How to know if annulment or divorce is the right one for you

Feb 14

There are different processes for divorce and annulment. In fact, there is more than one type of annulment for those who wish to end a marriage. Divorce is a strictly civil and legal process. There are no types of religious processes for divorce. However, annulment features various processes for religious authorities and legal proceedings. In order to end a marriage, the couple has to file their intent to do so legally. This is why it might be important to enlist the help of Arizona divorce lawyers.

 

Getting a Divorce

 

Married couples who obtain a divorce do so in order to be legally separated from each other based on the state’s law. In order to get the divorce, the couple has to be legally separated for a certain amount of time. The required amount of time normally depends on the state of residence. Once the first step of the divorce has been completed, the couple can begin to separate the assets. In addition, each parent’s rights to any children involved will also be decided during the divorce process.

 

Getting an Annulment for a Marriage

 

Getting an annulment for a marriage involves the same type of paperwork that is required in order to obtain a divorce. However, the process is done differently. In order to file an annulment, the couple has to file the paperwork within a certain amount of time from the date that the marriage certificate was obtained. An annulment has the power to remove a marriage from each person’s record. In addition, long court proceedings are not associated with the annulment for a marriage.

 

Obtaining a lawyer can help men and women understand the difference between a divorce and an annulment. Each way to end a marriage is designed to help couples in different types of situations. When you need help to end your marriage, it is important for you to get the help of divorce attorneys Scottsdale lawyer. They can tell you how to file the proper paperwork for a divorce or an annulment. In addition, they can provide the advice that you need in order to make sure that everything goes over smoothly.

When Does Child Support End?

Jan 09

Scottsdale divorce attorneys deal with child support with many cases. It is definitely one of the more serious issues that parents who are separated have to deal with, and any information that pertains to it is crucial. This includes the timeline that is involved which dictates for how long child support could last and under what conditions the child support should work. Each Scottsdale divorce attorney understands that there is a limit to child support.

So how long does child support have to go on for? Under normal cases, where the child has no medical issues, has the right level of education and competent overall, child support usually ends when the child becomes an adult, at 19 years of age to be exact. At this point, normal children become self-sufficient adults who can pay for their own food and find their own home.

Then we have cases that are not so normal, specifically when children are unable to support themselves due to medical problems or through critical unemployment. In such cases where the child is literally unable to become independent and self-supporting, the parents will need to keep providing child support.

In cases where unemployment is the problem, the parents could also still support the child who has become an adult provided that the cause of unemployment is valid such as living in an area where jobs are scarce. In such cases where the limit of child support has become unclear, mediators or a trip to court might be called-for.

Arizona Family Law- Enforcing Child Support

Jan 02

Child support is an issue that a lot of people have to deal with in Arizona divorce law. Our Arizona divorce attorneys  handle cases everyday with clients going through divorce and discussing child support. Within Arizona divorce law, there are ways to enforce child support. Here are some examples:

Jail Sentence – If a parent intentionally withholds child support, it is possible for that parent to be held in contempt and thrown in jail.

Withholding Income – If a parent refuses to pay for child support, there are cases where the portion of the income of that parent which will be used for child support will be withheld and that parent will have to report to the law office of those responsible for enforcing the child support practice for any change in home or job address.

Intercepting Taxes – The tax of the parent responsible for child support could also be intercepted so as to make sure that child support is truly enforced.

Suspension of Driver’s License – Failure to pay for child support could also result in suspension of driver’s license, both non-professional and professional.

Criminal Charge – As a last resort, if the parent responsible for child support willfully refuses to pay, then a criminal charge that could result in the payment of a large sum to imprisonment could be applied.

Divorce or Dissolution

Dec 26

Separation is often a difficult thing to do for all parties involved, and in some cases, it can also be confusing. Take the difference between divorce and dissolution for example, wherein both are sometimes equated to just mean the former with the latter being relatively unknown. So in the interest of helping those who might undergo such tough circumstances a better understanding between the two cases is needed.

  • Dissolution

In a dissolution case, everything from the decision to separate, separation of assets and the custody of the child are arranged by the couple themselves. In essence, a dissolution case is where both members of the pair are in mutual understanding and agreement that separation is for the best and that doing so in a peaceful and orderly manner is the way to do it.

  • Divorce

In a divorce case on the other hand, the decision to split up does not necessarily come from both sides and so conflict of interests arise. Everything from who gets which assets, how much of the income of one party is the other entitled to, who gets custody of the child and so on becomes a lot messier than in a dissolution case and it often leaves both sides with resentment

5 Qualities to Look For in a Divorce Lawyer

Dec 19

Arizona divorce cases need lawyers that are competent and trustworthy so as to make sure that as little hassle as possible comes up. So if you want an Arizona divorce lawyer who will make the process smooth for you, look for some of these qualities.

  1. Professionalism – The best Arizona divorce lawyers have an almost ice cold approach to cases, that is simply fact. The calmer and more professional they are, the better the chances of the client to win.
  2. Knows When To Say No – Arizona divorce cases can get pretty heated pretty quickly, and clients can sometimes lose their cool that results in really bad choices. In such cases, the lawyer should be able to refuse if the client demands an action that will lead to losing the case.
  3. Resourcefulness – There is more than one way to win a divorce case and a competent divorce lawyer should be able to make use of everything from public records to the latest technology in order to win.
  4. Highly Experienced – Clients who want to win will want a divorce lawyer who has plenty of experience in winning cases.
  5. Answer Questions – Great Arizona divorce lawyers should include the client in their preparations and this includes answering questions that the client might have about the case.

Get the Best Attorney in Arizona

Nov 27

In every region of the United States, there is a growing amount of attorneys who boast about their excellence in ensuring that a case is not lost by their clients. However, only a small number of these lawyers truly live up to their lofty proclamations of success. Fortunately, in the state of Arizona, competent attorneys are fairly easy to discover by searching through the various website directories available for those looking for representation in a court of law. These Arizona attorneys are often highly intelligent, capable and experienced with every aspect of the law. It is important to bear in mind that there are a few strategies that a person should use if he or she wishes to find the best attorney for a case.

 

Whether an individual is searching for a Scottsdale divorce attorney or is having troubles with an Arizona military divorce, there are many attorneys to choose from. Residing in the naturally dry desert climate of Arizona, these attorneys are well-versed in the language of the law. If a person is looking for a high-quality representative in court, choosing an attorney for his or her legal circumstances should be done very carefully. One of the most essential methods for choosing an attorney is searching for reviews and testimonials on several websites that are not owned by that individual or law firm. This is one of the most surefire ways to ensure that a person going to court is going to have a competent attorney on his or her side. Another common strategy utilized by people choosing a lawyer is meeting the prospective attorney in person to discuss the case before hiring that individual. With the large amount of attorneys to choose from in Arizona, it is imperative that steps are taken to ensure high-quality legal representation.

 

Regardless of the circumstances of the case, attorneys in Arizona are usually eager to help with their legal experience and individual skills. Getting the best lawyer to represent a case is fairly easy if a person can utilize resources to his or her advantage. Reading reviews and meeting the prospective attorney in person can help to calm the mind of anyone who is hesitant to hire an unknown attorney.

Top 5 Things To know About A Military Divorce

Nov 07

 

If you or your spouse are serving in the military and you are divorcing in Arizona, special considerations apply. Reservists and National Guard members who may face active duty must also consider special military regulations. You’ll want to consult a Scottsdale divorce attorney with experience and expertise in Arizona military divorces to help you navigate the additional rules and regulations involved.

 

Here are the top 5 things to know about a military divorce:

 

1. The Soldiers and Sailors Civil Relief Act may allow the divorce process to be delayed for a period including active duty and up to 60 days beyond. This is to prevent spouses from being divorced by default when they are unaware of or unable to respond to a divorce action.

 

2. The grounds for divorce in Arizona are the same whether your divorce is a civilian or a military divorce.

 

3. Under federal law, a non-military former spouse will not receive division and distribution of military retirement benefits without having been married at least 10 years of active duty service.

 

4. Deployment or the potential for future deployment may impact your chances for custody. The courts will consider the best interests of your minor children, including the stability of their living situation and the impact on their relationship with the other parent.

 

5. Former military spouses may face unique challenges as they become ineligible for military housing, and as their careers and earnings may have been impacted by frequent moves in support of the military spouse’s career.

 

Spousal and child support, pension, property and custody may all be factors in your divorce. A Scottsdale divorce attorney familiar with Arizona divorce law as well as the Servicemembers Civil Relief Act, the Uniformed Services Former Spouses Protection Act and other applicable statutes and regulations will be in the best position to help you through your Arizona military divorce.

The Best Ways to Keep Your Divorce Quick and Easy

Oct 18

Divorces are rarely easy to deal with. The emotional turmoil that results from coming to the realize that divorce is unavoidable can cause considerable mental anguish, and there may be periods of melancholy and hopelessness. Unfortunately, many divorces are further complicated by legal issues and ongoing arguments about splitting assets and dealing with the child custody issues. There are, however, a few ways to help ease the process.

After living together and sharing assets, couples who are divorcing must split their money and possessions in an equitable manner. To accomplish this, it may be best to hire a Scottsdale divorce attorney and enter mediation sessions. Through mediation, both parties can strive for a compromise that is fair for both parties. While mediation is no guarantee that the courtroom can be avoided entirely, it gives those getting a divorce the best chance possible to move on quickly without too much frustration.

It can also help to adopt the right mindset. Emotions are impossible to eliminate entirely from divorce proceedings, but it may be possible to view the phases of a divorce as business issues instead of a personal issues. While private facts may come to light, it is important to remember that the goal is to reach a fair division of assets. By realizing that divorce proceedings will eventually end and both parties will have a chance to move on, one may be able to realize when a fair settlement has been reached.

Professional help can ease the process as well. While many think of hiring a lawyer or law firm as a sign that they wish to fight, it can also indicate that they simply wish for assistance along the way. For some, there may be factors that complicate matters; those who served in the military, for example, often have pensions or benefits that can make divorce proceedings more complicated. Hiring an Arizona military divorce attorney can help work through these complicated aspects of the legal proceedings.

While the road will be difficult at times, divorces lead to fresh starts and a chance to rebound, live independently and find love again.

How to Keep Children Out of a Divorce

Oct 08

A divorce can be a challenging time for a couple. While divorces can be difficult for both adults in a relationship, they can be even more difficult for children. In many cases, children may feel that they are to blame for their parent’s divorce. In addition, a spouse going through a divorce may try to get his or her children to choose a side. The following blog post explores effective ways one can make sure that children aren’t impacted by a divorce.

It important to avoid arguing in front of one’s children. In addition, it’s essential to make sure that children can’t overhear an argument. While a child may not understand why his or her parents are getting a divorce, he or she will be able to pick up on the negative emotional vibes that are traveling through a house.

Instead, it’s a good idea to drop a child off at a babysitter before discussing a divorce. If this isn’t possible, try to discuss a divorce while a child is at school. This can be an effective way to reduce the emotional damage a child may experience.

One of the most challenging parts of a divorce is child custody. In many cases, courts will award custody of a child to the mother by default. In many cases, this can create a strong sense of bitterness and anger in a man.

If possible, children should be able to spend time with both their parents. By giving children the opportunity to spend time with both their parents, it’s possible to ensure that they will be happier as they grow up. In many cases, children will miss the parent that they aren’t able to see on a regular basis. To avoid this type of situation, it’s a good idea to look for an effective compromise.

An Arizona military divorce can be a challenging time for many couples and their children. Contact a Scottsdale divorce attorney for further assistance.

Preparing for the Worst: Hiring a Divorce Attorney in Your Time of Need

Sep 27

There is no telling which direction a divorce case will take. Even the friendliest of spouses can find that they have severe disagreements once the divorce process begins. Divorce can truly bring out the worst in a person’s character. Often, disputes will arise over the division or property and child custody rights. If you have discussed the possibility of a divorce with your spouse, then you should hire a Scottsdale divorce attorney to help you with your case. A Scottsdale divorce attorney will take the time necessary to carefully negotiate a property agreement for your case. He or she will take the time to understand what your needs are. When you want to make sure that your best interest is represented in a divorce proceeding, then hiring a lawyer for your case is the right choice.

At the Law Office of Hope E. Fruchtman, you can find a lawyer who will provide high-quality representation for your case. You can schedule a meeting with a lawyer at the Law Office of Hope E. Fruchtman and voice all of your concerns and needs. Perhaps you have a significant amount of debt that has accumulated during the course of your marriage. Maybe you feel like you should not be responsible for paying off this debt. A divorce lawyer may know how to argue the law to your advantage in this instance. Maybe you do not need to be legally responsible for paying off the debt. One of the best reasons to hire a divorce lawyer is for his or her expertise in handling the payment of debts that have been accrued during a marriage. You may also have trust assets that you are worried the previous spouse will try to obtain. A divorce lawyer will know how to help you make sure that your assets are protected during a divorce case.

If you served in the military, then you will want to hire an Arizona military divorce lawyer. An Arizona military divorce lawyer will understand all of the rights that are you entitled to as a result of your service for the country.