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.