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.
Tuesday, October 30, 2012
Tuesday, October 23, 2012
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.
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.
Wednesday, October 17, 2012
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:
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.
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.
- 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.
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.
Monday, October 15, 2012
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.
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.
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.)
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.
Tuesday, October 9, 2012
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.
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.
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.
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.
Saturday, October 6, 2012
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.
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.
Thursday, October 4, 2012
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.
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.
Tuesday, October 2, 2012
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.
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.
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