Divorce and Health Insurance

In a recent study that is shedding light on the issues of divorce and health care, a new study estimates that 65,000 American women become uninsured each year as a result of marital dissolution.
Indeed, among married women who had health insurance and then divorced, 17 percent were uninsured six months later. There was also a big shift among divorced women from private insurance to public insurance, such as Medicaid. After divorce an estimated 115,000 women each year lose private coverage, the study reported, but many are bailed out by government programs.

The loss of insurance was especially prevalent among divorced women who’d been covered as dependents on their husband’s health insurance. In this group, 23 percent were uninsured six months after divorce. Another risk-factor for ending up without coverage: being too affluent for government insurance programs but not affluent enough to afford costly private coverage.

Since many employers drop spouses from the their health insurance rolls this leaves women to depend on COBRA.  COBRA is temporary and expensive.  It is so costly that many women go without insurance.  To combat this many women are asking the court to compel their husbands to carry a separate health insurance policy and name them as a beneficiary.

Note: By way of perspective, last year about 48.6 million people were uninsured, the Census Bureau has reported.

 For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

When You May Need a Lawyer in a Chapter Seven Bankruptcy

Attorney, Steven R. Elias, in the book, Your New Bankruptcy Will it Work for You?  Answer this question.

Mr. Elias says most chapter seven bankruptcy sail through without a hitch.  However, there are some situations in which you may need some help from of bankruptcy lawyer:

Your average income over the last six months before you file is more than your state’s median income, and it looks like you won’t be able to pass the means test.

You want to hold onto a house or a motor vehicle and they exceeded the allowable exemptions.

In cases where you want to get rid of a student loan or an income tax debt that wouldn’t normally be wiped out in a bankruptcy unless you convince the court that it should be discharged.

A creditor files a lawsuit in the bankruptcy court claiming that one of your debts should survive your bankruptcy because you incur debt through fraud or other misconduct.

The bankruptcy trustee seeks to have your whole bankruptcy dismissed because you didn’t give honest and complete answers to your questions about your assets, liabilities, and economic transactions.

The U.S. Trustee asked the court to dismiss your case-or force you into chapter 13-because your income is high enough to fund a new chapter 13 repayment plan, or because the trustee believes that your filing it is an abuse of the chapter seven bankruptcy process or other reasons.

You have recently given away or sold valuable property for less than it is worth.

You went on a recent buying spree with your credit card (especially if you charged more than $550 on luxury goods within the last 90 days).

You want help negotiating with a creditor or the bankruptcy court, and the amount involved justifies hiring a bankruptcy lawyer to assist you.

A creditor is asking the court to allow it to proceed with its collection action despite your bankruptcy filing (for instance, a creditor wants to foreclose on your house because you’re behind on your mortgage payments).

You are being evicted by your landlord because you are behind on your rent.

While it is obvious that most people can handle their own chapter seven bankruptcy case with the assistance of a professional, like the paralegal it isn’t right for everyone.  It never hurts to get some legal advice before proceeding with a bankruptcy.

For more information call Discount Divorce and Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Bankruptcy Can Unfreeze Frozen Bank Accounts

My bank account was frozen on Friday.  If I file bankruptcy how long will it take to unfreeze my account?

The simple answer according to many attorneys that have posted answers on LawQA is two to three days after the court sends out notifications to all of your creditors in a bankruptcy proceeding.

For more information call Discount Divorce and Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Who Gets the Family Pet in a Divorce

When couples call it quits, the question of who gets the family’s pet can be very difficult to resolve  because judges are not going to make determinations on issues like pet visitation and pet support. That can be a hard pill to swallow for some people.  I get it, I have a dog, a cat, a bird and some fish.  Like most people I love animals and it is painful to loose them but pets are property in the eyes of the law. Pets are no different from any other piece of property like a chair or a table.  Judges will not take the time in their busy schedule to hear arguments over something as insignificant as a dog.  I know that sounds harsh but that is the long and short of it.

Now if your animal is very valuable such as a show-horse or a dog bred for competition judges will make a determination regarding who will be awarded this type of pet.  They make that decision based on factors such as who originally acquired the animal or who will provide the more stable home.

I think a lot times pet owners are better served if they can reach an agreement that they can both live with concerning their pets prior to filing for divorce.  As with all cases if it goes to trial there are three ways a case can be resolved; your way, your spouse's way, and the judge's way.  Two out of three are not your way so compromise is a good policy in the end with regards to your pet or any other issue in a divorce proceeding.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Divorce or Bankruptcy; Which Should I File First?

Every case is different and legal advice should be sought before deciding but most of the time filing for Bankruptcy first makes more sense in a lot of cases.

Imagine yourself at your kitchen table looking over your debts. You and your soon-to-be ex have agreed quite amicably to divide up the debt evenly and fairly. So far so good, right? You have your debts, she has her debts and all the judge has to do is rubber stamp the agreement. What could go wrong? The main thing that can foul up your best-laid plans is that your divorce agreement is binding upon you and your spouse, not upon your creditors.

That's right; they can do whatever they like and while it is true that most creditors will usually work with you, there are some things you need to remember:

• Debts incurred during the marriage are the responsibility of both parties.
• If your ex fails to pay their debts, you will be stuck with them.
• If your ex files bankruptcy and you do not, you will be liable for the debt.

One answer to these potential problems is to file bankruptcy before you file for divorce. This strategy does have certain advantages. It will save you money and make your divorce more straightforward. However, it requires that you and your spouse cooperate. If that is not possible, or if you think your spouse is hiding assets, then you may have to consider other avenues to protect yourself, like filing on your own without your spouse.

Doing some research for yourself is the best way to go. There are legal remedies that will keep you from being hit with your ex's bad debt.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Child Support Agreements

I get calls all the time with parents that tell me that they are in agreement on everything and that there will be no or very little child support.  I think it is great when divorcing couples want to have a peaceful divorce.  It's a nice change to have a divorce free of drama and nastiness.  The only problem is that what you want regarding child support may not be what you get.

The court’s sole interest in your agreement is to ensure that it is fair to all parties, that the interests of the child or children are protected and that the agreement conforms to the mandatory child support guidelines.

I understand that it is not easy to find the ‘magic’ dollar amount of child support that makes both divorcing spouses happy. In most Arizona divorce cases, the parent with primary child custody feels short-changed on child support payments. At the other end of the spectrum, it is common for the noncustodial parent to feel as though they are constantly being hounded for more and more money. This constant struggle can lead to feelings of resentment and anger – two emotions that can prevent spouses from achieving the fresh start that they deserve.

To try and eliminate as much conflict over child support payments as possible, it’s important for divorcing parents to first understand the different elements that go into Arizona child support arrangements, such as:

- The child’s necessities;
- The capacity of each parent to pay child support;
- The ability and earnings of each parent; and
- The time that each parent spends with the child.

Once these elements are understood it is easier to find an agreed upon amount.

The bottom line is that the court will take all this into consideration when determining whether or not your agreed upon amount is fair.  The court reserves the right to reject an agreed upon child support amount if it is too far askew from the state's guidelines for support.

If you are considering an agreement for child support it would be prudent to first consult with a professional before proceeding.  This will save you time, money and bad blood between the parents.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Current State Bankruptcy Laws Allow Arizonans to Keep More Assets

Current state bankrutcy laws in Arizona may allow residents to be able to shield more assets from creditors during bankruptcy than filers in other states, according to some sources.

In a recent court decision, the Ninth U.S. Circuit Court of Appeals ruled against bankruptcy trustees who tried to argue that filers can only keep life insurance policies and annuities if the beneficiaries of those policies are minor children.

The judge, however, said that Arizona bankruptcy laws may allow filers to keep the value of their life insurance policies, even if the beneficiaries are not minor children. During bankruptcy, filers are often allowed to keep a number of exempt items.

In Arizona, for example, Chapter 7 bankruptcy filers are allowed to keep a vehicle worth a certain amount, their wedding rings, and other important pieces of property.

But whether filers can keep the proceeds of life insurance policies is a relatively unsettled area of bankruptcy law, so the Ninth Circuit Court of Appeals had to step in.

The appellate court dealt with two cases. One involved a woman who named her adult daughter as beneficiary of three life insurance policies worth $40,000. The other case involved a woman who also listed her adult daughter as the beneficiary of a $33,000 life insurance policy.

In both cases, the adult daughters were not dependent on their parents. As a result, in both cases, the trustees claimed that the policies should not be exempt from liquidation.

And a court at the trial level sided with the trustees, claiming that federal laws allow the trustees to gather assets like life insurance policies that are not intended for minor beneficiaries.

The appellate court, however, overturned the lower court, citing an Arizona law that allowed bankruptcy filers to exempt life insurance policies, regardless of who those policies will eventually benefit.

And the court ruled that, in this case, state bankruptcy laws trumped federal laws, which reveals just how confusing some of the interplay between state and federal rules can be in bankruptcy court.
The case also reveals why so many Americans choose to contact a bankruptcy lawyer before marching into bankruptcy court - the uncertainties of the laws can make heading into court alone a daunting task.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

How Often Can I File a Bankruptcy

This is a question I get asked all the time.  Unlike most topics if you do a Google search you will find that many attorneys are in agreement on this topic.  This may be because the Bankruptcy Code is clear in its wording regarding this issue.

If you have filed a previous bankruptcy and you received a discharge, the Bankruptcy Code specifies certain time limits as to when you can file bankruptcy again and obtain a discharge. If your case was closed or dismissed, however, and you did not obtain a discharge in your previous bankruptcy case, then you can file another bankruptcy again without restriction. The following time limits are built into the Bankruptcy Code.

Previous Chapter 7 Bankruptcy: If you have previously received a Chapter 7 bankruptcy discharge, you can file bankruptcy again and be entitled to another discharge in the following situations:

• Filing a Chapter 7 Bankruptcy: If you need to file for Chapter 7 bankruptcy after you have obtained a Chapter 7 discharge, you will have to wait 8 years from the date you filed your previous Chapter 7 bankruptcy. The 8 year time period starts from the date that you filed your previous Chapter 7 bankruptcy. Example: if you filed your previous Chapter 7 bankruptcy in  October of 2004, then you would be eligible to file another Chapter 7 bankruptcy and obtain a complete discharge in October of 2012.

• Filing a Chapter 13 Bankruptcy: If you need to file for Chapter 13 bankruptcy after your have obtained a Chapter 7 discharge, you will need to wait 4 years to obtain a complete discharge. There are certain situations in which it may be advantageous for you to file a Chapter 13 right after a Chapter 7, even if you cannot obtain a full discharge in the subsequent Chapter 13. If you file within 4 years, however, any unsecured debts not discharged in the previous Chapter 7 will also not be discharged in the Chapter 13. The 4 year time period starts to run from the date you filed your previous Chapter 7 bankruptcy. Example: If you filed your Chapter 7 in Octoboer of 2008, then you would be eligible to file a Chapter 13 bankruptcy and obtain a complete discharge in October of 2012.

Previous Chapter 13 Bankruptcy: If you have previously received a Chapter 13 bankruptcy discharge, you can file bankruptcy again and be entitled to another discharge in the following situations:

• Filing a Chapter 7 Bankruptcy: If you need to file a Chapter 7 bankruptcy after you have received a Chapter 13 discharge, you will need to wait 6 years from the date of filing your Chapter 13 bankruptcy to receive a full discharge. You may be able to obtain a full discharge of your unsecured debts in a Chapter 7 bankruptcy, even if you file within 6 years, but you must have paid your unsecured creditors 70% or more during your previous Chapter 13 bankruptcy. Otherwise, you will need to wait at least 6 years from the date of filing your previous Chapter 13 bankruptcy to file a Chapter 7 bankruptcy and receive a discharge. Example: If you filed your Chapter 13 in October of 2006, then you would be eligible for to file a Chapter 7 bankruptcy and obtain a complete discharge in October of 2012.

• Filing a Chapter 13 Bankruptcy: If you need to file another Chapter 13 bankruptcy after you have received a Chapter 13 discharge, you will need to wait 2 years from the date of filing of your previous Chapter 13 bankruptcy. Example: If you filed your Chapter 13 in October of 2010, then you would be eligible to file another Chapter 13 bankruptcy and obtain a complete discharge in October of 2012.

If you file a new bankruptcy case before the statutory time period has elapsed since your previous bankruptcy, you will not be able to obtain a complete discharge of your debts in your new bankruptcy case. Achieving the maximum benefit from the bankruptcy discharge should be your main goal for filing an Arizona bankruptcy.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Do I Need My Tax Return for Filing a Bankruptcy?

One of the fundamental eligibility requirements for filing either Chapter 7 or Chapter 13 bankruptcy is that you must be current in tax return filings. You cannot file for bankruptcy if you are behind on filing your tax returns. You can, however, file bankruptcy if you have filed your tax returns but you have not made all of your required tax payments to the IRS.

You only need your most recent tax return plus the past two years when you file for Chapter 7 bankruptcy. For expample if you are filing in 2012 you would need the tax returns for 2011, 2010 and 2009.  If you don't have a copy of your tax return then you can request a transcript from the IRS. The transcript is basically a summary of your tax return. If you haven't filed a tax return for the most recent tax years then you will need to do that before you are eligible to file for Chapter 7 bankruptcy.

At the time of your intial appointment with Discount Divorce & Bankruptcy we do not need to see your tax returns.  We only need the following items:

1.             Our questionnaire. 

2.             A copy of any law suits you have been served with. 

3.             A photo ID, such as a driver’s license. 

4.             A copy of your credit report if you do not know who all your creditors are. We recommend using Advantage Plus Credit Reporting, Inc., Cost for a credit report $33

5.             Our fee of $199.  (We accept all forms of payment except personal checks.)

 

Your tax returns will be need after your bankruptcy documents have been prepared by us.  We recommend Larry Bird (602) 375-9644) for preparing tax returns.

 

If you have not filed your taxes, your bankruptcy case can be dismissed before it really even gets going. If you have tax returns that you have not filed, take the time to get them filed prior to filing your bankruptcy case. It will save you time, money, and aggravation.

 

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

A Case for an Invalid Marriage; Annulment

While many people have a general idea of how divorce works in Arizona, they may not understand the difference between divorce and another way to dissolve a marriage: annulment. It is important for couples to understand the difference between the two to determine what option best fits their situation.

Unlike a divorce, which ends a marriage, an annulment invalidates a marriage so it is considered as never having occurred in the eyes of the law. A marriage can be annulled for a variety of reasons. A union may be considered invalid if one of the spouses is under the legal age required to marry, if one or both of the spouses do not have the physical or mental capacity to marry or if either spouse has an undissolved prior marriage.

Other reasons why a marriage could be considered invalid include marriages between blood relatives, marriages in which one or both spouses were intoxicated at the time of the union, marriages between individuals of the same sex and marriages in which one spouse misrepresented their commitment to a certain religion.

*** Resources and Additional Information ***

 

Annulment FAQs

 

Religious Annulment

 

Entering into a marriage without good faith; possible grounds for annulment.
 

In order to get an annulment in Arizona, there must have been something called an impediment that renders the marriage void. A.R.S. § 25-301. “Void” as used in this statute includes “voidable” and grounds for annulment are not limited to those specified by A.R.S. § 25-101.

A void marriage is defined by A.R.S. § 25-101 as a marriage "between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins" or "between persons of the same sex." A void marriage is a nullity. Though it has no legal validity an annulment action is necessary to establish its invalidity as a matter of record.

A voidable marriage continues until a party exercises his or her right to have it annulled. Some examples of situations that may qualify as “voidable” are an undissolved prior marriage, one party being underage, a blood relationship, the absence of mental or physical capacity, intoxication, the absence of a valid license, duress, refusal of intercourse, fraud and misrepresentation as to religion.

The jurisdictional requirements and procedure for obtaining an annulment are the same as for a divorce. A.R.S. § 25-302(A).

The court will divide the property of the parties and determine matters concerning the children of the marriage. A.R.S. § 25-302(B).

It should be noted that legal annulments are not the same as religious annulments.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Are Student Loans Considered Community Property

Today's Americans owe nearly $1 trillion dollars in student loan debt. As of 2010, student loans have even surpassed credit card debt. Since student loans are so common, many people wonder how it is divided in a divorce.

Arizona is a community property state. Community property is virtually all property acquired during the marriage, and also includes all debt. There are some exceptions, such as inheritance or property acquired before the marriage. When a couple divorces, the value of the community property is typically divided between the parties. This does not usually require that everything be liquidated – for examples, it often means one party takes a retirement account, while the other party takes equity in a home, if that would be equally valuable to each party.

The general rule is that student loan debt, if incurred during the marriage, is a community debt. Especially in cases where one spouse will receive most of the benefit of the education through increased income, this result would seem unfair. There are controlling Arizona cases however that provide some exceptions, depending on the situation. The court will look to factors such as the timing of the divorce relative to the schooling, whether the couple had an agreement, whether the couple has other substantial assets, whether the marital community benefited from the education, and the increase in income caused by the education. Because this depends on the facts of the case, there is no bright line for how the court may allocate the student loan debt.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Ruling on Foreign Laws

Does a judge have to uphold a law or ruling from a foreign country?  That is a great question and I get asked that all the time from people that have immigrated here to the United States.

There are now six states — Arizona, Kansas, Louisiana, Oklahoma, South Dakota, and Tennessee — where state legislatures have passed laws prohibiting judges from considering foreign laws; about 20 other states have tried or are trying to pass similar laws. Such a ban is also part of the Republican Party platform in this years election cycle.

Some lawyers have been involved many cases that involved some component of Shariah, or Islamic law for example and know firsthand how complicated things can get.

In one example, a woman claimed she was married to a man according to Islamic law in her native west Africa. The man asserted there was no valid marriage, leaving a judge to decide whether the two were ever legally married in the first place.

If the judge rules they were married, there will be a divorce and she will receive alimony and a share of marital assets. If the judge rules that there is no marriage, then the woman will be left with nothing from her relationship.

To make a ruling, the judge will need to consider what Shariah, as understood in one corner of western Africa, says about what constitutes a legal marriage. He will likely have to consult Islamic law experts and apply what he learns to his decision.

But what if American judges were prohibited from considering Shariah and other foreign laws, as many state and national Republican politicians want to see happen?

A ban of Shariah would strip judges of their ability to fully and fairly consider such cases, and deprive Muslims of their right to marry and divorce according to their religious beliefs.

Counselors and activists estimate that roughly one in three Muslim marriages in the U.S. end in divorce. Many Muslim-Americans who divorce want their marriages dissolved in accordance with Islamic law. That means having dowries and other provisions of marriage contracts enforced, as well as obtaining an Islamic divorce certificate, which imams in the U.S. issue only after a civil divorce has been finalized.

Muslim lawyers say the Shariah bans violate the constitutional freedom of religion, right to equal protection, and freedom of contract, and could complicate the task of divorcing couples who were married according to Shariah.

This is a very complicated issue.  It will be interesting to see how it is handled at the Federal level but for now in Arizona judges are prohibited from considering Shariah or any other foreign laws.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

The Deciding Factors Behind Alimony

There seems to be a lot of confusion regarding alimony when deciding to plunge into the divorce process.  Do I need it?  How much will I get?  How long can I get it for?  What is it?  These are all legitimate questions that are asked. 

Let's start by defining what alimony is in Arizona.  In Arizona, alimony is often referred to as spousal support or spousal maintenance. Spousal support is an area of family law which uses complex calculations to determine need the amount to be paid and the duration of support to either spouse. The question of spousal support is often one of the most difficult issues people face when they are involved in divorce or legal separation proceedings.

So what is spousal support exactly?  Well spousal support is an amount of money one spouse pays to the other spouse to support them.  It is usually for a determined length of time though it can be indefinitely paid in some cases. The intent of spousal support is to assist a spouse in meeting his or her reasonable needs when those needs cannot be met through employment or property.

Spousal support may be awarded to a husband or wife in Arizona for any of a number of reasons. The amount and duration of support is usually determined by the court and is assessed on a case-by-case basis.

With that being said there are several factors considered when determining the amount of spousal support to award. Some of those are:

- The ability of the spouse to provide for his or her reasonable needs through employment or property.
- The age or condition of children for whom the spouse is the caregiver.
- The length of time needed to re-educate for the workforce.
- The duration of the marriage.
- The standard of living during the marriage.
- The age of the spouse and his or her ability to become gainfully employed due to age.

For more information on how spousal support is awarded and calculated call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Is There an Advantage to Filing First?

In many consultations I get asked whether there is an advantage to filing first for divorce in Arizona. From a procedural standpoint yes.  The person who files for divorce (or any other type of case that is expected to be completed by default for that matter) has control over how quickly the case can be completed.  As the initial filer you can choose what type of service is to be completed, when the application of default is filed and more choices as to when the default hearing is to be scheduled.  In other words you can decide if you want to file on the deadlines on drag it out. 

Also I have seen many cases when the filer just dropped the ball and had the case dismissed for lack of understanding of court rules and procedures.  This is the biggest pit fall to people that choose to do the case without any professional help.  So if you are served with a divorce and the other party is incompetent in the understanding of court procedures you could end up not getting your divorce completed and thus having to start the process all over again at a later time.

From any other perspective the answer is no. It does not matter who files first.  This sort of question stems from a fear that it may be socially unacceptable to seek a divorce. Arizona is a “no fault” divorce state, which means that to get a divorce, you do not have to prove that one party or another did something wrong. Understand that the judge who will decide your case has likely seen thousands of divorces before he or she sees yours. It is highly unlikely that the judge will make a judgment call about the person who first filed for the divorce simply because that person filed first.

There are a few things to be aware of if you file for divorce first. If you file first, you are the “Petitioner” in the case and your spouse will be the “Respondent”. In the Superior Court of Maricopa County, Arizona the Petitioner pays a filing fee to the court of $321.00 while the Respondent pays $256.00 if they file a response with the court, which in an uncontested matter the Respondent is not required to file. In a contested case however  the Petitioner is expected to present their case first.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Why Must I Attend a Parent Information Course for My Divorce

Going through a divorce is never easy, but we all know, and hopefully understand, that divorce can be especially hard on children. The Superior Court of Arizona certainly realizes this and under Arizona law, the parent information class is mandatory in a divorce or custody action.

Pursuant to ARS§ 25-351, “The program is required for all parents involved in a legal separation, divorce, or paternity case in which the Court determines child support, visitation, or custody.” The Court may also order parties involved in other family law actions to attend the class.

The Parent Information Program class addresses a number of issues specifically geared towards children and divorce, including how to talk to your child about divorce, how to listen to your child, how to tell if your child is coping emotionally and where and when to get extra help and support for the children involved in a divorce. The program also has important information specifically for the parents including strategies for overcoming intense conflict, family court procedures, and the emotional and financial responsibilities of parents.

Court-ordered classes must be completed within 45 days of the initial court filing, and many parents find that the instruction they receive is very beneficial and well worth the expense. When the participant has completed the course, he or she is issued an official Certificate of Completion. The original certificate must be filed with the court before any final orders over custody and parenting time will be issued.  As a client of Discount Divorce & Bankruptcy we will file your spouse's certificate as well as yours with the court.  It is all part of our full service packagae.

Many people who feel like they are good parents question why they have to take a Parent Education Class. Having to attend this class does not mean that you are not a good parent, it is simply the desire of the court that you get as much information as possible to assist your child throughout the difficult period of adjustment. If you fail to attend the mandatory classes, Arizona law provides that the court cannot grant your request for a divorce decree. In some cases, the court may even hold a party in contempt of court or enforce other penalties for refusal to take the Parent Education class.

Overall, people find that these classes really help. Not only are classes offered at various times throughout the day and evening, but they are also offered on weekends as well. There is no way to anticipate how a child will react to the emotional process of a divorce or separation, and these classes help to minimize future returns to court to resolve parenting disputes.

Court approved Parent Information Program classes are offered throughout Arizona. An online class is also available for those parents not able to attend a class in person. The fee for the Parenting Information Program class is $50.00 per person and is paid to the community-based provider or the online provider. For more information about the Parent Information Program call your local Superior Court.  The court will have specific listing of community-based providers.

 

Resources

 

 

Conciliation Services - Parent Information Program

 

List of Maricopa County Providers

 

Pima County Class Information

 

Cochise County Class Information

 

Family Affairs* - Online Course

 

Parenting Choice - Online Course

 

AzPEC

 

* Discount Divorce's recommended provider.

 

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

 



Conflict Regarding Children After the Divorce

There are certain issues that parents seem to continuously disagree on, prohibiting them from getting along and moving on with their lives. Here are some examples:

1. Extracurricular activities.  One parent enrolled her son in one baseball league and the other parent enrolled him in another. The result is that the child is missing games in each league and there is no consistency.

2. Dance/Gymnastics/Karate and ect. Again, one parent will enroll the kids, the other parent will disagree and a battle ensues. I have seen many judgments of divorce that say that the parents must agree on all activities, and that they will share the costs. If they don't agree, then one parent can opt to enroll the child but must pay the costs. This solves part of the problem, but does not resolve the issue that when the child has these activities, each parent should be responsible for making sure that the activities are attended. Too often there is a dispute over pick ups, drop offs and attendance. I have even seen a situation where one parent not only refused to go to a recital, but made it difficult for the child to attend it.

3. Cub Scouts and Girl Scouts. One parent may enroll their children in organizations such as these but the other parent refuses to participate and refuses to make sure that the child goes to his or her activities. Again, the child is hurt by being put in the middle and by the pettiness of divorced parents who cannot move on.

4. School. The there are the battles about where the children will be attending school. This happens every summer and fall. Will they be staying in the same school district? Will they be home schooled? Private school? Public school? Will they be in a parochial or other religious school? These are issues and should be talked about during the divorce. They should not be allowed to fester. In too many cases, they become trigger points for the continuing battle. One solution I've seen is that if one parent is willing to pay for parochial school, and both parties agree in writing, then that becomes an enforceable obligation going forward. If one parent is willing to pay for a prep or private school, or there is an agreement for sharing these expenses and it is in writing as part of an order or Judgment of Divorce, courts will enforce it. Home schooling versus public schooling can also be an issue.

5. Attendance. In many cases where one parent is not good at getting the child or children to school. The result is that there are many instances of tardiness and/or absences. This is something that must be addressed. The child or children are the ones being hurt here. School is important and children should not be late; parents should make sure that schedules are coordinated so that schooling is a top priority.

6. Homework. This is an issue that often festers, along with school notices. I seen a lot of cases where one parent is not advised on the homework assigned. Homework is usually brought home in a backpack or book bag, and parents should check that backpack or book bag every night. Make sure that your child's homework is done. Make sure that everything is kept current. Communicate with your former spouse about these issues.

7. Science Fairs and other special projects. There should be communication and coordination regarding school projects. One parent may be overseeing the project and the other parent may be lackadaisical and not doing anything. Other times, one parent will sabotage the other on science fairs and special projects. Put your children first. Stop fighting.

8. Summer camp. Dad wants the child in summer camp, and mom is against it. Let's say the parents get over the hurdle and agree to enroll the child in summer camp, but dad decides that the days that the child is with her, the kid won't be attending camp. The fight continues and the child is the one caught in the middle.

9. Medical issues. Medican issues are often contentious. There may be battles over the need for orthodontia work, the need for certain elective medical procedures, whether or not the child should be on ADD/ADHD medicines or even if such a diagnosis is true or not. A child's need for tutoring or counseling may also be trigger points for battles. Again, what is best for your child? Do you have to take these cases to court? If you do end up on court, you may spend many thousands on dollars on attorney fees -- much more than the actual costs of these medical procedures or special needs.

10. Allergies. A new partner may bring pets into the relationship; some children are allergic to pets. This is definitely something to watch out for. What about children who are allergic to certain food substances? Or smoke or dust? These can become issues after divorce. I have seen cases where people have had air filtration and testing done because their kid developed allergies or asthma, either because one parent smoked or adopted a pet after a divorce.These are all trigger points for conflict long after the divorce is over.

You have to always ask yourself, what is in the best interests of my children? Can I, as an adult, put my children first and somehow stop the fighting? Too often, the answer is no. We are to caught up in trying to one up or former spouse.  That is why some of these issues become trigger points that will be litigated for years -- long after the divorce is final.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

I Don't Know if I am Divorced. How Do I Know if I am?

I don't know if I'm divorced.  I haven't seen my spouse in years.  Do I need to get divorced here?

I get asked this question all the time.  The only definitive way to know if you are divorced is to locate a decree or court order stating your divorced. However, not being able to find a decree doesn’t necessarily mean you’re still married. It may simply mean that your spouse didn’t divorce you in the state and county where you think she did. Determining your marital status if you don’t know where your husband or wife is, and if you can’t ask them, is a little like hunting for the needle in the haystack.

So what should you do?  Below I have listed five steps that can help you get on with your life.

Step 1

Contact the legal notice department of the newspaper that serves the area where you and your spouse last lived together. If your spouse couldn't find you, she may have gotten permission from the court to use constructive service instead. This usually means posting notice of her intention to divorce you in the newspaper. This is the only way your spouse could have divorced you without having you personally served with papers. Requesting a search through the paper's published notices for your name, may turn up the notice.

Step 2

Call the courthouse in the county and state where you last lived together. If you were lucky enough to find a divorce notice with the newspaper, this will lead you to the court in the correct county; the legal notice will include the court’s name. Ask the clerk to search computer records for your name. If your spouse did not follow through with the divorce after publishing notice, however, you might hit a dead end and find no record of a decree.

Step 3

Use the Internet to find out if the state where you last lived together offers a searchable docket database online. Some states, such as Arizona, provide this service. If your state does, you may be able do a search for just your name, but you may have to input a county as well. If you came up empty when you contacted the courthouse, cross that county off your list and try others.

Step 4

Contact your state’s department of vital records, if you strike out with the newspaper and the county court. Even if your state has no searchable docketing database online, its department of public records should have a copy of your divorce certificate, if you're divorced. This might not produce results, however, because most states will require not only your name and your spouse’s name to confirm a decree, but information that’s not available to you as well, such as your docket number and the date of your divorce.

Step 5

Try to find your spouse if you can’t find a decree. If you have information such as her Social Security number, date of birth and last known address, a private investigator may be able to find her for you. If you ever filed a tax return together, her/his Social Security number will be on it. Private investigators can search databases not available to the general public, so you might be able to locate her/his this way. If you do, you can ask her/his if she/he divorced you and get a copy of the decree.

Resources that may help you:

List of phone numbers for Arizona Clerks of the Court for each county

Arizona Vital Records

Arizona Private Investigators (Yellow Pages)



The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Do I Need a Lawyer?

Do I need a professional to help me with my divorce? I get asked this questions a lot. In Arizona you are not required to be represented by an attorney in family court. However, keep in mind that you are expected to know the law and rules of the court so it may be a good idea to either hire an attorney or a low cost alternative such as a certified legal document preparer (CLDP) service like  Discount Divorce & Bankruptcy.

Discount Divorce & Bankruptcy always recommends that you should schedule a consultation.  The consultation will also give you a brief overview of the the family court process. After the consultation, you can then decide whether you will need an attorney or a CLDP serrvice like Discount Divorce & Bankruptcy.

I remember one time I had an individual come see me who had represented himself in his divorce. He agreed to take all the debt and in exchange he would receive all the personal property. He thought that “personal property” included his retirement accounts. It did not and he ended up with all the debt and still had to divide his retirement accounts with his ex. By the time he came to see me his divorce had been finalized for months and there was nothing anyone could do.

Here are a few general guidelines to consider when deciding whether you need a professional like Discount Divorce & Bankruptcy or not:

• Does the otherside have a professional helping them with their case?

If neither party is represented by an attorney, the judge may be somewhat more lenient on the rules of evidence and what he/she will allow in the courtroom. However, If one party is represented by an attorney or a CLDP service, the other party is usually doing a big disservice to his/her case to not hire Discount Divorce & Bankruptcy or an attorney. There are many deadlines in Court that if missed, can have a powerful effect on your case.

• Have you fully considered the long terms effects of your agreements?

Even if you and your spouse are amicable and agree on how to divide everything and/or share decision making, child custody and parenting time, I strongly recommend that you have a family law professional draw up your final documents for the court. Go over the agreement with an attorney so that you can make sure that you understand the implications of all of your agreements. For example, maybe you and your spouse are agreeing to split all the holidays with the children. While it may seem like that will not be a problem, what happens when it is Christmas Eve and you think it is your year to have the children? What will you have to show your ex that it should be your parenting time and what time your parenting time is supposed to start and end?  Discount Divorce & Bankruptcy understands this and can help you develop a Parenting Plan that you can be happy with.  This is just one of the many ways Discount Divorce & Bankruptcy helps its clients.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Health Insurance Woes and Divorce

Health insurance woes always make the headlines, but it is easy for divorcing couples to forget that there are numerous other insurance changes to make, including to life, home and car.

Failing to make changes, including dropping your ex from a policy or getting your own insurance, can cause you to be overinsured, underinsured or not being insured at all. Here is what you need to consider:

1. Health insurance

You may be tempted to say nothing to your insurer and just keep your ex-spouse on your plan even after the divorce, but lawyer Iris M. Bass of Fort Lauderdale, Florida, says this could backfire.

"If there's a problem and your carrier finds out the ex shouldn't be covered, they can drop him or her because of insurance fraud," Bass says. "Do you really want to take that risk?"

A divorcing spouse will be eligible for COBRA - temporary coverage under the other spouse's plan, but at full cost - and maybe Medicaid - the federal program for the poor.

If there are minor children, couples must decide whose plan to put them on, and if they need to set up a rotation for sharing the cost of that coverage.

Once the U.S. Affordable Care Act is in full swing in 2014, individuals will be able to shop for insurance through new state-based Affordable Insurance Exchanges. But until then, the only other choice is the open market, which can be too expensive for a spouse who is self-employed, unemployed or in a low-paying job.

Right now, a single divorced person can expect to pay around $300 a month, according to the Kaiser Family Foundation.

2. Life insurance

Untangling life policies is not just a matter of changing beneficiaries, says Travis Snyder, an insurance agent with State Farm in Ashland, Ohio.

Often, a life insurance policy is owned by the primary breadwinner, with the spouse covered on an attached policy, or rider. But since the owner of the policy controls all decisions about it, including the naming of beneficiaries, the spouse would have to be released from the policy to change any details, or buy his or her own policy to name a different beneficiary, says Snyder.

Even though it would mean lower payments if, for instance, a husband dropped his wife from the policy, some spouses may feel that they will need extra income for childcare if the spouse dies. Or, says Snyder, it may just be a power play not to release a spouse.

Insurance coverage can be written into a divorce settlement - the laws in your state may dictate some of what you can or cannot do - and a spouse may be required to maintain life insurance for an ex to cover missing alimony payments.

Once the dust settles, it is important to make sure payments are made by the designated party and to re-evaluate needs. For instance, as your children reach adulthood, you might find that the benefits can be reduced.

Some spouses may find their life insurance needs increasing after a divorce. Lisa Davis, a 45-year-old stay-at-home mom in Providence, Rhode Island, now spends more for her coverage than her eventual ex-husband paid when they were under one roof. A $1 million life insurance policy, which will roll over into a trust if anything happens to her, is setting her back $1,000 a year. She also has a $1 million umbrella policy that costs her $130 a year.

Of course, a spouse should not forget other policies and paperwork as well - like 401k and workplace life insurance beneficiaries.

You may also want to remove your spouse as the key person on an advance healthcare directive. "If you're incapacitated, you don't want someone who doesn't like you deciding whether you should be left on life support," says Christie Alderman, vice president of Chubb Personal Insurance.

3. Auto insurance

Assuming the two cars you have previously had on one plan are now at two different residences, you and your ex need separate plans. As you would expect, you will see your individual rates drop considerably.

If you need help paying for your car insurance, it is best to get the money as part of an alimony package, says Snyder, who has seen some exes get taken off a policy without being told.
4. Home owner's insurance

This is easy to forget, but you should be able to reduce what you are paying, especially if your ex has taken half of your stuff. But if you are the spouse who has moved out and are now renting, you will want to look into a renter's policy, says Chubb's Alderman.

The average home insurance payment is between $45 and $75 per month, according to InsuranceProviders.com; renter's insurance could run between $15 and $30 monthly, according to the National Association of Insurance Commissioners.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Bankruptcy; Keep or Surrender My Car

After filing bankruptcy, is it more beneficial to get a new car loan (not new car) versus reaffirming the one you presently have?

This is a very common question I get from many of my clients when considering the filingof a chapter 7 bankruptcy.  While one should always seek legal advice from a qualified attorney about specific questions, generally speaking the type of car and the payment should be the key determining factors. Owning a Honda, Toyota or Kia with high mileage is a better decision than keeping a luxury car or a car with the high likelihood of pending repairs.

Some experts believe that your car payment should be in the $200 to $300 range. More valuable cars usually mean higher car registration costs, insurance and repair costs. After bankruptcy, you should try to decrease your monthly expenses. And keeping a high payment, high balance car loan will increase your chances of falling back into financial turmoil.

 

This analysis applies mainly to people filing a Chapter 7 bankruptcy case. The law is comparable in Chapter 13 cases and there are other issues to address beyond the scope of this post.

 

You have three options available after you have filed your Chapter 7 bankruptcy case.

 

1. Surrender the vehicle. Contact the lender and say that you want to turn in the car. Make sure to make your auto insurance payments until you drop the car off at the local dealer. Get something in writing to prove you surrendered the vehicle. Don't compound your financial troubles with a post-bankruptcy filing car accident. That debt will not be dischargeable in your bankruptcy if it occurs after the filing.

 

Once you surrender the vehicle, the lender will sell it, usually for less than the amount you owe. The remaining balance, called the "deficiency balance," should be eliminated in your bankruptcy.

 

Sometimes, you should turn the car in right away. However, most people need a car to get to work or pick up the kids from sports. Used car lots might not be willing to sell you a car while you are still in bankruptcy. Trying to line up a new(er) car after filing can be frustrating; but you will be able to find a used, reliable car after your case is closed.

 

2. Reaffirm your current car loan. Most lenders will give you the choice to reaffirm your current car loan or surrender the vehicle. Reaffirming a loan means that if you fail to make payments after your bankruptcy is closed, and the lender repossesses the vehicle, you can be sued for the deficiency balance. However, to keep receiving statements and balance updates, lenders require you to reaffirm the debt.

 

Unfortunately, some clients have told me that some lenders do not report the reaffirmed loan to the credit bureaus after completing the court-approved reaffirmation agreement. You ought to ask whether your lender will report your post-bankruptcy payments because this is one way you can start to rebuild your credit.

 

In some cases, when the car balance is very low, you can keep the vehicle, continue making payments and not have to reaffirm the loan. You will not receive monthly statements, so it will be up to you to call the lender and determine when the balance is paid off.

 

3. Redeem your car loan with a new lender. Bankruptcy law permits a car owner to reduce the current car balance to the fair market value. For example, if you owe $15,000 and the car is worth only $10,000, then you may be eligible to reduce the car balance by $5,000 with a new, post-bankruptcy loan. The code section is 722 Redemption. However, the current understanding in the bankruptcy community is that you must own the car for at least 910 days before filing bankruptcy to qualify for a car redemption loan.

 

Recently, I read an article about an attroney that had a conversation with an in-house counsel at a large car loan redemption company. This company works out deals with you and a new lender to refinance your car post-bankruptcy. I was told that the 910-day rule is not regularly enforced by the original car lender.

 

Meaning, you can qualify for a new car loan with a balance at the current fair market value even if you bought it one day before filing bankruptcy! The original lender can object to your attempt to strip down the balance, pay off a portion of the loan and eliminate the deficiency. However, very few lenders have been objecting. You may be able to keep your current car, reduce the balance and get a new loan that will report your new payment history to the credit bureaus.

 

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Domestic Violence is All Too Common

Domestic violence is all too common. In Arizona, victims of domestic violence may petition a judge and in some cases the police directly for an order of protection for themselves and their dependents. The process is simple, an order is often granted, and, when granted, the order is typically good for one year, although it is not effective until served on the defendant. The defendant may request a hearing to challenge the order. It is very important to include certain information when petitioning for an order of protection so it is best to speak with an experienced attorney. An order of protection is often obtained around the same time the couple is going through a divorce, paternity action, or bankruptcy. The defendant might also be charged with a crime as a result of the domestic violence.

Three states (Idaho, Indiana, and Montana) now issue ID cards for victims of domestic violence, which allows them to easily provide police information regarding themselves, the abuser, and the orders. Arizona has not yet passed such a law, and until it does, it is a good idea for anyone with an order of protection (and for that matter custody orders as well) to carry two copies of their orders at all times. The penalties for violating an Order of Protection are severe, and there is even a federal law that permanently strips gun rights from anyone convicted of a misdemeanor crime of domestic violence.

The experienced family document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Avondale, Buckeye, Chandler, El Mirage, Flagstaff, Gilbert, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Sun City, Surprise, Tempe, Tolleson, Tucson and Youngtown.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.