Make The Process Smooth

Sep 24

Despite the best of intentions on all sides, there are times when a marriage is irretrievably broken. One or both parties may decide that divorce is the only option. At every stage of the process of separation and divorce, a Scottsdale divorce attorney can advise you on all legal aspects of your situation, and on the implications as you move forward with your life during and after divorce. Even in the most amicable divorce situations, custody, property and financial matters can be complicated. An Arizona military divorce requires specialized expertise and representation. If this is your situation, you should seek a Scottsdale divorce attorney experienced in this particular area of law.

In Arizona, you will not need to prove fault or blame the other party to obtain a divorce. The law recognizes that circumstances may arise in which divorce is unfortunate but still the best solution in the situation. Because of this, if financial and custody arrangements can be negotiated between the parties, the stress and expense of a trial may often be avoided. Marital assets and property are to be evenly divided according to the law. A Scottsdale divorce attorney can help with negotiating an agreement to avoid a trial or with providing vigorous advocacy if a trial becomes necessary. Issues such as spousal maintenance, parenting time, interstate custody, child support, property division and valuation and division of investments and retirement plans have lifelong ramifications. Expert consultants or witnesses may be required to arrive at the most advantageous valuation and division of assets to best serve your interests in the years ahead. Whether you are seeking a civilian divorce or an Arizona military divorce, an experienced divorce attorney  in Scottsdale will be a strong advocate for you and your interests in this difficult time, and an investment which can save you both money and heartache in the long term.

Getting a Divorce in Arizona

Aug 30

In some states, it is very difficult for couples to get divorced. However, the grounds for receiving a divorce are simple to meet in the state of Arizona. All that a couple has to do is prove that the union is irretrievably broken. This means that both parties agree that the marriage is over and unable to be fixed. The marriage may be considered unable to be fixed if there is a long physical separation, constant bickering, a conflict of personality, antagonistic feelings, resentment, financial difficulties or other serious issues that the couple cannot or does not want to work out together.

A divorce that is the result of it being irretrievably broken does not place blame on either party. In fact, the Arizona court system will not place blame on either party with regard to the dissolution of a marriage. It is simple in Arizona. All property and debt obtained and incurred during the marriage is split equally in the event of a divorce.

The divorce process can be quick and easy in Arizona if both parties agree to do what it takes to avoid a trial. A couple seeking a divorce in Arizona can complete the Dissolution of Marriage Process by submitting a Consent Decree or a written agreement that waives the right to a trial or judgment from a judge.

If the couple is not able to agree on the conditions of the divorce, it will be necessary to contact a Scottsdale divorce attorney. It is also recommended to contact a lawyer in the event of an Arizona military divorce, as these can be tricky.

Can using facebook negatively effect my divorce or custody case?

Jun 05

It is amazing how often social media plays a role in family law matters.  Most recently there has been a surge of use of evidence from social media sites in divorce and custody matters.  Obviously the best way to protect oneself from social media affecting a family law case is not to post at all or refuse to be caught in the hype of social media.  But in today’s reality that is unrealistic.

If you feel the need to use any type of social media, use caution as to what is posted.  It is always a good idea to minimize or eliminate any posts  about legal matters, an ex-spouse or even minor children.  If you must post on these topics, ensure that your privacy settings are secure before such discussion about divorce or custody matters.  A public profile can result in disaster especially when a party does not know when to keep quiet about legal matters.

However, even when someone believes their profile is secure, his/her belief may be misplaced.   Knowing who your friends and contacts are is of the utmost importance.  I have come across a number of cases where “Facebook friends” permit an opposing party access to a Facebook page allowing them to gather evidence to assist in their case.  The best way to prevent this is by making sure your “friends” are just that, and if you are unsure, limit individuals access to your account.

Parties should also be cautious about the access that you provide minor children to your account.  A child will often provide the other parent access to a Facebook account, or be exposed to inappropriate information on a Facebook page which can further affect custody orders.

Whatever you do, don’t get caught in a trap by using social media.  Make sure you don’t bolster the case of your ex-spouse by providing ammunition through Facebook or Twitter.

Contact our Scottsdale family law attorney at The Law Office of Hope E. Fruchtman to schedule a consultation.