Regular Post
Written by Canterbury Law Group

The Role of Parenting Coordinators in Arizona Child Custody Cases

Arizona Rules of Family Law, under Rule 74, allows judges to appoint a parenting coordinator in divorce and child custody cases. So what exactly is a parenting coordinator? How will having one affect the case? Are parenting coordinators good for children? This article will touch on these questions and briefly explain how parenting coordinators could benefit (or not) from a family law dispute.

What are Parenting Coordinators in Arizona?

Recently, many states have begun to appoint parenting coordinators in child custody cases. Arizona has had a parenting coordinator rule since 2011, and it was amended in 2016. A parenting coordinator, in simple terms, is a third party appointed by a judge to resolve or alleviate disputes between parents fighting for child custody. Many types of professionals can be appointed as a parenting coordinator. Usually, a child psychologist, a therapist or even a family law attorney is appointed a parenting coordinator.

In Arizona, parenting coordinators have what’s called “quasi-judicial” authority. This authority is limited under the law. Parenting coordinators cannot actually change how legal decisions are made in the child custody case. However, parenting coordinators have the authority to step in and resolve some disputes arising from conflicts not specified in the court-approved parenting plan.  Both parents must agree to use a PC for each one year term assigned by the judge.  If at any time the other parent does not want the PC term to renew, the PC concludes their term and is no longer involved.   

What do Parenting Coordinators Do?

It’s important to understand that parenting coordinators cannot change any clauses in the parenting plan. But other things that parents disagree with, which are not explicitly stated in the plan, can be resolved with intervention from the parenting coordinator.   Think of a PC as a referee—hired by the court—to keep the case out of court ideally.  

Parenting coordinators, for example, can step in and help when parents disagree about pick up and drop off locations of kids when sharing joint custody. Parenting coordinators can also resolve other problems with regards to holiday scheduling, meeting dates and times, and after-school activities. The law allows parenting coordinators to resolve disputes related to personal care, health, school choice, discipline and managing problem behavior in children.

Parenting coordinators, however, are not judges and their authority to solve issues are limited by law. Therefore, it’s still highly recommended to get Family Law help in Scottsdale if you and your ex cannot civilly agree on how the kids are taken care of. It’s best to have a parenting coordinator and a lawyer present during the case. If you want to change the parenting plan, it will require the assistance of a family lawyer and go to court by formal motion to the judge.  

Why Have a Parenting Coordinator?

Divorcing parents can disagree on many things from serious issues like children’s health to minor problems like how to cut a child’s hair or ear piercings (it happens). Parenting coordinators can step in and restore sanity to a situation when parents are unable to negotiate peacefully.

The alternative to having a parenting coordinator is time-consuming litigation. When parents are fighting over an issue related to custody or the parenting plan, finding a court resolution to the issue involves modifying existing court orders. Doing so means that both parents have to undergo costly litigation that could take months or years.  Therefore, having a parenting coordinator is more cost and time effective—so long as both parties agree to the formal one-year appointment of a PC.  

Custody Terms, Custody Tips, Divorce & Legal Separation, Divorce attorneys Scottsdale, Parenting Coordinators, Parenting Coordinators in Arizona, Parenting Time, Parenting Time Different from Custody
, , ,
0
Regular Post
Written by Canterbury Law Group

How to Cope with the Stress of Fighting a Bankruptcy Case

No one really wants to be in a situation where they have to file for bankruptcy. It can be immensely stressful to go through with the proceedings. If you have trouble managing stress while you are petitioning for bankruptcy, here are several tips to help you reduce the mental burden:

Don’t Hesitate to Ask Your Lawyer the Tough Questions

Bankruptcy cases can be particularly stressful because the law involved in these cases can be quite complicated. Don’t be confused and or angered about the issues raised. If you have questions, ask your bankruptcy attorney in Scottsdale. A good lawyer will be more than happy to help you with whatever questions you have. Your attorney is also the best person to explain how the law applies to your unique situation. You will feel much better after you have spoken to your attorney regarding the tough parts of your case.

Think About Positive Aspects of Bankruptcy

Yes, it may seem impossible to look on the bright side of filing for bankruptcy, but there really is one. Bankruptcy can actually be good for you. Think about all the good things happening. For starters, your creditors can no longer harass you with never-ending phone calls. You are no longer avoiding debt issues. Some of the debt you have, like credit card debt, can be dismissed by the court depending on under which chapter you file.

Chapter 7 bankruptcy is considered the “best plan for debt elimination” because the court discharges most types of unsecured debt under this law.  The court will order a credit plan to pay back whatever remaining debt you have. So when the court proceedings are done, you will mostly be debt free!

Sleep Properly

Do not stay up late worrying about your case; let your attorney handle that part. Try to get at least 7 hours of sleep each night when the case is proceeding. If you are sleep deprived, you will feel even more stressed out. A good night’s sleep can clear your head and prepare you mentally to navigate your case.

Educate Yourself about Issues Involved

Your attorney may not have time to explain every little thing about your case to you. In this situation, you can always go online and read about the basics of filing for bankruptcy litigation. If you don’t understand what Chapter 7 or Chapter 11 bankruptcy is, there are plenty of resources online (and also on this blog) that will help you understand the process involved. Don’t hesitate to do your research. When you are educated about the laws involved, the case will seem a lot less complicated to you. That should relieve most of your stress issues.

You can also read blogs about people who have overcome debt after filing for bankruptcy. Reading about the experiences of others will help you overcome yours better.

What’s more stressful than going through with a bankruptcy case? Crushing debt. Once the case is over, your debt will be largely be gone too. So think about the positives and don’t dwell on the negatives until your case concludes and you are fully discharged.  This too shall pass.  

bankruptcy, bankruptcy attorneys, Fighting a Bankruptcy Case, Scottsdale Bankruptcy Lawyer, Type of Bankruptcy Should You File
, ,
0
Regular Post
Written by Canterbury Law Group

How to Deal with Debt Collection Companies

Most Arizonians don’t know what to do when a debt collection company calls. The law does allow creditors or collection companies to call debtors and attempt to retrieve money owned. However, there are state and federal laws regarding which practices are allowed and which are explicitly prohibited. The Fair Debt Collection Practices Act and the Telephone Consumer Protection Act both stipulate what some attorney’s call “debtor’s rights.” When a collection company calls you, it’s important to know what rights you have against creditor abuse and malpractice.

When a Collector Calls

When a collection company calls you, they cannot demand that you pay the debt without informing you of several fundamental things. After the first call, the collection company has five days to inform you of the amount of debt that you owe and the name of the creditor to whom you owe the debt. If a collection company calls you demanding “payment” without specifying either of these, you have a fair case you can make against the collection company. You should contact a bankruptcy lawyer in Scottsdale if a collection company keeps calling without specifying the debt.

You can Contest the Debt

Most debtors are unaware that they can call into question the validity of a debt. Once a collection company calls you notifying you of a debt, you have 30 days to dispute the debt. If you doubt the validity of the debt, you can make a statement disputing the collection company’s claim. Once you have written to the creditor or the collection company, the parties should issue a statement in return verifying the debt in another 30 days. If you don’t get this verification statement after you issue a dispute, then the debt is very likely invalid.

When Creditors Don’t Match

Sometimes creditors sell debt. So some of your debt could be owned by a different creditor than the original person or entity you borrowed from. If the current creditor is different, then the collection agency must issue a statement with the name and address of the original creditor. If you don’t recognize the creditor of a debt, you must issue a statement and have the collecting agency specify the creditor’s identity. It’s important to note that the collection company cannot call you or try to retrieve a debt before notifying you who the original creditor is. You must get the verification as a written statement too.

Don’t Let Them Verbally Advise You

Some collection agencies may try to verbally tell you who the original creditor is, what amount of debt is owed, and other such factors. This is an attempt by collection companies to avoid issuing written statements. Documents can be upheld in court. If you get a verbal statement, the collection company can always change the story if the case goes to trial. Therefore, you must have physical statements mailed to you. Debtors have the legal right to such.

Collection companies that don’t adhere to the rules can be taken to court. In some cases, your debt may be waived and the court may demand the collection company to pay your attorney’s fees as well.

Debt, Debt buyers, Debt Collection Companies, debt collectors, Scottsdale Attorneys, Scottsdale Legal Help
0
Regular Post
Written by Canterbury Law Group

The Benefits of Filing for Bankruptcy

Most people perceive bankruptcy as a dreadful thing, like a complete end to financial stability and future prospects. This is a rather misguided notion of bankruptcy. Filing for personal bankruptcy does have its benefits other than reaching a legal solution to overwhelming debt. Don’t believe it? Read below to find out:

Stop the Never-Ending Collection Calls

One of the major positive aspects that follow declaring personal bankruptcy is the definitive end to collection calls. In Arizona, creditors are legally obligated to stop attempting to collect the debt when a debtor has filed for personal bankruptcy. Your creditor won’t be able to call you, try to foreclose your home, notify your employers, or do anything else to attempt to collect your prior debt. If the creditor harassment continues, you will have a good case for your bankruptcy proceedings. You should contact a bankruptcy lawyer in Scottsdale to find out what your options are if credit harassment continues.

Keep Your Home

Arizona law allows exemptions for homesteads or the primary residence owned by a debtor. The court will not make you homeless and take away your shelter when you file for personal bankruptcy. So it’s a sensible way to try to save your home from debtors. This exemption has a dollar and equity limits and certain exceptions that you should clarify with a lawyer. But filing for bankruptcy will stop a creditor from foreclosing your home.

Protect Personal Assets

The Arizona bankruptcy law allows many personal property exemptions when filing for bankruptcy. That means you would be able to keep valuable assets like books, furniture, cheap motor vehicles, various electronic gadgets, family antiques, clothing, pets and so on in your possession. Creditors will not be able to claim these as collateral.  They are prohibited from taking your things.

Stay in Control of Business

Chapter 11 bankruptcy allows business owners control of their company even after filing for business bankruptcy. So it’s a good way to keep a business afloat when the debts threaten to run your company to the ground. The Chapter 11 bankruptcy also facilitates business owners to reduce debt gradually over time.  Chapter 11 can also aid in getting rid of high-stakes litigation by discharging the pending litigation claims that were previously being waged against your company.

Retain Your Pension Fund and Retirement Assets

You can retain your considerable IRA or other types of qualified retirement plans or pensions when you file for bankruptcy. It’s one another valuable personal asset that will be kept away from the debtors. Put another way, you will exit bankruptcy with virtually identical retirement assets as when you went into bankruptcy.

Start Improving Your Financial Status

When you file for bankruptcy, your credit score would hit rock bottom. But afterward, it will start to climb up again, sometimes rapidly. Filing for bankruptcy is sort of the last step towards regaining financial footing and security. After that, it only gets better. When you start to make debt payments, your credit score would start rising again.  Many creditors are attracted to persons coming out of bankruptcy and offer them credit because they know that the person cannot file another bankruptcy for many many years.

Have a Trustee Oversee Your Monetary Affairs

During your bankruptcy, the court appoints a Trustee between you and the creditors to oversee how the discharge on your bankruptcy filing is being carried out. This spells only good things for your future financial dealings. If pursuing a chapter 11 or 13, you will get a handcrafted debt repayment plan to get back on your feet after the declaring.   If pursuing Chapter 7, most if not all of your debts will be canceled.

Above all, you will feel less stressed. Your money matters will be taken care of, and the creditors will finally go away.  Consider speaking with competent bankruptcy legal counsel today.

bankruptcy, bankruptcy attorneys, Chapter 11 Bankruptcy, Chapter 12 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, The Benefits of Filing for Bankruptcy
, ,
0
Regular Post
Written by Canterbury Law Group

Same Sex Divorce in Arizona

Same sex marriage has finally become possible in Arizona, after the landmark Oberfell vs. Hodges Supreme Court ruling in 2015. Arizona’s prior definition of marriage as “between a man and a woman” was struck down by the courts as unconstitutional. In another two cases, U.S. District Court Judge John Sedgewick gave favorable ruling recognizing rights of same sex couples as the same as rights of heterosexual couples.

While this is all good news for the LGBTQ community in the state, not all marriages survive, and that includes same sex marriages. Some marriages inevitably end in divorces.  If you are seeking to divorce your same sex spouse in Arizona, you can discuss legal options with our firm.

In September 2017 the Arizona Supreme Court handed down its landmark ruling in McLaughlin v. Jones which now mandates that same sex female co-parents be granted identical legal and custodial rights in a divorce between a same sex female couple.

Rights of Divorcing Same Sex Couples

In Arizona, same sex couples now have the same rights as heterosexual  couples when divorcing. The separating couple will also have the same obligations when dividing property and paying alimony or child support. Child custody will be determined the same as in the case of hetero couples, with priority given to the child’s health and wellbeing.  It no longer matters which Mother “carried the baby to term” when allocating rights to both Mothers in a divorce.   This is a significant shift in the legal landscape as of late 2017.

Residency Requirements

Arizona’s residency requirement applies to same sex couples just like any other couple. At least one party of the divorcing couple must have resided in the state for 90 days at least before filing the divorce papers. This can be a somewhat difficult requirement to fulfill for same sex couples who may have recently moved. Because federal law now recognizes same sex marriage in all 50 states, you will have to check with your local divorce attorney on the jurisdictional time limits in your state.

Grounds for Divorce

Arizona does not require couples in non-covenant marriages to provide any grounds for divorce when filing a case. As same sex couples fall into this category, the only ground required is that the marriage is irretrievably broken. One spouse can successfully claim so even if the other doesn’t want to divorce. In case either one of the spouses wants to live apart, it’s possible to file for a legal separation as well.  Some people pursue legal separation so that they can remain on each other’s health insurance after the fact.

Child Custody

Determining child custody in a contentious divorce can be as difficult for a same sex couple as it is for any couple. Because of the 2017 McLaughlin decision, the requirements, rules, and the family law that apply to hetero couples apply equally to same sex couples.  As always, it’s strongly recommended for the couple to resolve custody disputes amicably with the aid of a mediator if possible. It’s best to negotiate shared parenting time in advance with the help of lawyers instead of going to battle in front of a judge.

Same sex couples in Arizona have no reason to believe that a divorce case will be handled much differently than divorce cases for heterosexual couples. If the divorce is particularly contentious, then getting advice from an experienced attorney will be a must. You will have to consult with a family law expert to learn more about child custody.

Family Law, Family Law Attorney, Same Sex Divorce, Same Sex Divorce in Arizona, Scottsdale Attorneys
, , , ,
0
Regular Post
Written by Canterbury Law Group

Bankruptcy Exemptions Allowed Under Arizona Law

Arizona bankruptcy law allows for a set of exemptions for assets when filing for personal bankruptcy under any chapter. Exemptions are property the debtor, that is you, can keep when you file for bankruptcy and are later discharged therefrom.

You can only exempt assets specified under the law. There are some debts that are non-dischargeable, or cannot be erased by a judge. Examples of non-dischargeable debt include income taxes owed, student loans, and child support and domestic support obligations. There are much more.

Exemptions apply to single persons or married couples filing for bankruptcy. Married couples who file jointly can claim typically claim all exemptions unless a judge specifies otherwise. Here is a list of notable exemptions under Arizona law:

  • Homestead—Real Property, like a home, where the debtor lives that is worth up to $150,000. Exemptions for sale last 18 months after or until a new property is purchased. A married couple cannot double the exemption up to $300,000 however.
  • Personal property like furniture, vehicles worth less than $6,000, family portraits, electronic gadgets, rugs, bank deposits up to $150, books, and so on that are worth up to $4,000. A married couple can double personal property exemptions.
  • Insurance proceedings such as group life insurance policies, fraternal benefit society proceeds, disability benefits, health insurance claims, and life insurance cash value up of total $25,000 (up to $1,000 per person, or $2,000 per dependent). A married couple can double life insurance value exemptions.
  • Earnings of a minor child.
  • Business or partnership property.
  • Various types of pensions, such as ERISA, 401ks, the board of regents members, IRAs, government worker pensions such as those for firefighters and state employees.
  • Public benefits received such as unemployment benefits, worker’s compensation, and welfare.
  • Value of tools of the trade such as arms, farm machinery, uniforms, teaching aids, and seeds, animal feeds, and so on.
  • Unearned wages for about 75 percent, payment pensions, and other forms of wage income.

The above is just a summary of exemptions. You can ask your bankruptcy attorney in Scottsdale for detailed clarifications. Some exemptions have value limits that you need to get clarified. Married couples can double on some exemptions, but not others.

Exemption limits also apply to equity debtors may have on their real property. Equity is defined as the difference between what the debtor owes on the real property and the actual value of the real property. For example, if you took out a $200,000 mortgage on a house worth $300,000 you would have $100,000 equity in the home.

Some equity is covered by exemptions, so the debtor can repay a previous loan. If the exemption doesn’t cover all of the property, then the appointed trustee can liquidate the asset and distribute the profits. However, remember that not all properties are exempt. You can still keep property without exemption by paying the trustee value of the property.

In addition to the above, there could be federal exemptions for which you are eligible. The federal exemptions are in addition to your Arizona exemptions. In the end, you should contact a lawyer to check out your eligibility for federal exemptions.

Uncategorized
, , ,
0
Regular Post
Written by Canterbury Law Group

Who Can File for Chapter 12 Bankruptcy?

Most people are familiar with Chapter 7 and Chapter 13 bankruptcy. Chapter 12 is a special type of bankruptcy clause that allows a specific group of financially “distressed” debtors to file for bankruptcy.

Unlike Chapters 7, 11, or 13 bankruptcies, which most individuals or businesses in debt can apply for, Chapter 12 bankruptcy is specifically reserved for family farmers or family fishermen under the Bankruptcy Code, which the state of Arizona adheres to. The eligible parties can propose a repayment plan for the debt to pay off creditors in five years or less. In this sense, Chapter 12 bankruptcy is similar to Chapter 13.

Chapter 12 doesn’t allow for the automatic discharge of some debts like Chapter 7. However, a judge will review all debts and determine if any are eligible for a legal discharge. Let’s look at who is eligible to file for this type of bankruptcy:

Only Fishermen and Farmers with Regular Income are Eligible

The Bankruptcy Code specifically states that the fishermen or farmers who qualify for Chapter 12 bankruptcy must have what is termed as “regular annual income.” This clause exists because debtors who file a petition must agree to a repayment plan that requires some sort of income. However, income for some farmers and fishermen is almost always seasonal. The law takes this into consideration and does allow relief if needed. You will need a competent bankruptcy attorney in Phoenix or in your local area to ask for a regular income reprieve.

Categories of Farmers and Fishermen

The family farmers and fishermen are specified in the law under several categories. A “family farmer” or a “family fisherman” could be an individual or a spouse of en eligible individual, or a business entity like a partnership. The individuals must have a professional in commercial fishing or farming to be eligible. The total debt the petitioner is seeking relief from should not exceed $3,237,000 for farmers or $1,500,000 for fishermen.

A majority of the debt in question should be related to farming or fishing. For fishermen, this is least 80 percent, and for farmers, the threshold is at least 50 percent. Also, a majority of more than 50 percent of the income of the petitioner must come from farming for fishing operations for the preceding tax year. For farmers, this must be true for two or three preceding tax years.

Filing as a Corporation

Fishing and farming corporations or partnerships are eligible for Chapter 12 bankruptcy too. There are, however, stringent considerations that determine which types of business entities are eligible. The businesses must be family owned, and more than one-half of the equity or stock in the business must be owned by a single family or its blood relatives.

The corporation or the partnership must be run by family members and relatives. A majority of 80 percent or more of the value of the entity must come from farming or fishing related activities. There are limits to indebtedness levels as well just like for individuals. Also, the business cannot publicly trade stocks after filing for bankruptcy.

bankruptcy, bankruptcy attorneys, Chapter 12 Bankruptcy
, ,
0
Regular Post
Written by Canterbury Law Group

Some Facts about Arizona’s Adoption Law

Arizona allows any adult to adopt a child. Parents, grandparents, step parents, or non-related individuals can file a petition to adopt a child in the state or from outside the state. Here are several legal facts about Arizona’s adoption laws:

Adoption Eligibility

Arizona allows married, unmarried, and legally separated adults to legally adopt children. A married wife and a husband can jointly adopt a child. However, an unmarried couple may face certain legal restrictions when jointly adopting. It’s recommended to consult with local family law help in Scottsdale if you are an unmarried person with a partner who wants to jointly seek adoption of a child.

Adoption for Same Sex Couples

In Arizona, couples in same sex marriages can adopt children either individually, or as step parents. The law is unclear on whether same sex marriage couples can jointly adopt a child. The law could change soon, so it’s highly recommended to seek legal help if you and a same sex partner are seeking joint adoption.

Child’s Eligibility for Adoption

A child must be below the age of 18 to be adopted in Arizona. Also, the child must not be an illegal immigrant alien in the state when the adoption petition is filed. Foreign children can be adopted as long as they are not present in the state as an illegal alien defined by state law. Importantly, the child has to be free in legal terms to be adopted. The term refers to custody arrangements. The child’s birth parents, if present, must formally give their consent for the child to be adopted. If the birth parents are deceased or if their rights have been terminated by a court order, then this consent form is not necessary.

Foreign Adoptions Follow the Hague Intercountry Convention

All foreign adoptions in the U.S., including in the state of Arizona, are conducted according to the Hague Convention on Intercountry Adoption. The original country the adoptee comes from must also be a part of this Hague Convention for an adoption to take place. It should be noted that the U.S. bans adoptions from some countries, like Russia, even if these countries are party to the Hague Convention. Foreign adoptions can be a lengthy and expensive process. You should speak with a lawyer who knows immigration law to petition for a foreign adoption.

Non Relatives Require Court Certification

If the to-be adoptive parent is unrelated to the child, as an aunt or a stepparent, then the adult must obtain a court certificate to show eligibility. These certifications follow what’s called a “home study” carried out by an approved adoption agency in the state, an official from the Arizona Department of Economic Security, or a court officer. The study will involve an assessment of social, financial, and other qualifications of the prospective adoptive parents.

Birth Mother’s Husband’s Consent is Necessary

Arizona maintains that a married birth mother’s husband must give consent to the adoption. If the birth mother is married, her spouse must give consent even if he is not the biological father of the adopted child. If the biological father is not married to the mother, he must be notified of the adoption before it takes place. The biological father will be given 30 days to respond to the notification with paternity action.

Adoption, in general, is a straightforward process but some factors can complicate it. You must seek help from an experienced attorney to make sure the process goes smoothly.

Arizona’s Adoption Law, Family Law, Family Law Attorney, Scottsdale family attorneys, Scottsdale Legal Help
,
0
Regular Post
Written by Canterbury Law Group

Consulting with a Bankruptcy Attorney

Before you file a bankruptcy petition, you must consult with a competent bankruptcy attorney. In fact, you should do this while even contemplating bankruptcy. The attorney would be able to tell you whether bankruptcy is the best option for your financial situation and the best timing to file. When you are consulting with a bankruptcy attorney, here is what you should ask and seek answers for:

Tell the Lawyer Briefly about Your Financial Situation

When you meet up with your bankruptcy lawyer in Scottsdale, be 100% honest with them regarding your financial situation. Do NOT withhold the truth for any reason.  If you haven’t hired the lawyer, you don’t have to give details of your debts. However, a brief overview will be necessary. Tell the lawyer what type of debt you have, your income situation, and why you think you are unable to repay your loans on time. The lawyer should be able to tell you then whether bankruptcy is the suitable next step for your financial situation.  If you lie to your lawyer, you could face criminal prosecution in your underlying bankruptcy case later because he or she would be defrauding the court.  The truth the truth and nothing but the truth, because your bankruptcy is filed under penalty of perjury.

Ask the Lawyer if He or She is willing to be a Negotiator

Before you file for bankruptcy, you can try negotiating with creditors. Bankruptcy is not the ideal scenario for either debtors or creditors. Some creditors may be willing to cut down the interest rate or extend the repayment plan. If you are worried about your credit score, negotiating is better than going to court. You can inquire about the pros and cons of bankruptcy from your attorney. It’s important to make sure it’s the best solution for your financial problems before proceeding.

Inquire about Different Types of Bankruptcy

The Bankruptcy Code allows for different types of bankruptcy petitions. You may have heard of some of these already, like Chapter 7. While Chapter 7 is the most common type of petition for individual debtors, it may not be the only one. If you belong to a higher income category, you may have to file for Chapter 13. If you have a family business in fishing or farming, you may be eligible for Chapter 12 bankruptcy. Ask your lawyer about which type of bankruptcy petition best suits your situation.

Check Your Eligibility to File a Petition

If you have filed for bankruptcy before, you may not be eligible to file again. For example, if you have declared Chapter 7 bankruptcy in the past, you will not be eligible for the same type of petition for about 6 to 8 years depending on what state you file in. There could be other factors, like income and alimony that make you ineligible to file for bankruptcy or at least the type of debt relief you seek. Therefore, you will need to ask the attorney to find out if you are eligible to file a petition and which chapter might get you the best debt relief.

Learn about Fees and the Process

Filing for bankruptcy is not expensive, but there will be court fees involved. Learn about these fees from the lawyer. Also, ask the lawyer to explain the general process of filing in your local jurisdiction. You will have to discuss representation fees and consultation fees as well. Bankruptcy attorneys are limited in how much they can charge as per Arizona law.  You typically get what you pay for.  The $99 down bankruptcy ads on TV are usually highly misleading.  Most bankruptcy filings, no matter who you hire, require several thousand dollars to file and complete.

If your consultation goes successfully, you will be able to proceed with your petition.  Consider contacting us to consult to discuss your needs.

bankruptcy, bankruptcy attorneys, Type of Bankruptcy Should You File
, ,
0
Regular Post
Written by Canterbury Law Group

What is the Difference between Divorce and Legal Separation in Arizona?

In Arizona, there are two ways to formally and legally remove your estate from your spouse: divorce and legal separation. It’s important to understand that these are two different processes. Legal separation is not another term for divorce. While there are certain overlapping legal similarities between the two, it’s important to understand that these are two different things. Read below to find answers to commonly asked questions about divorce and legal separation in Arizona:

What is the Difference between Divorce and Legal Separation?

Obtaining a divorce means that the marriage is legally dissolved, with all assets separated, and both spouses legally become single people capable of remarriage and child custody rights are legally established. In contrast, a legal separation does not dissolve a marriage. The spouses will be technically still married to each other, but also judicially separated. However, like with a divorce, virtually all assets and debts are typically separated between the two spouses. But unlike in a divorce, the spouses cannot claim to be single persons for any legal reason nor can they remarry.  Most people pursue Legal Separation to maintain valuable health care coverage, among other reasons.

Why Seek Legal Separation Instead of a Divorce?

Legal separation may be suited for some people over a divorce for several reasons. Most spouses who do not want to divorce due to religious reasons or personal convictions can still undergo legal separation to judicially extricate oneself from a spouse. Spouses that want to live apart but without getting a divorce can obtain a legal separation.

Some people prefer to legally separate rather than divorce in order to keep valuable health insurance benefits of a group plan. As mentioned above, legally separated spouses are still considered married, and thus can benefit from continued spousal health insurance coverage. Similarly, those who have been married for less than 10 years can continue to receive social security benefits on their spouse’s federal benefits following a legal separation, unlike with a divorce in which such benefits are completely terminated for the lower earning spouse.

If you need to formally cut all legal, civic and other ties to a spouse, then you will need a divorce.

Grounds for Divorce or Legal Separation

Arizona is a no-fault state. It does not matter who did what to whom, or who cheated with whom.  Therefore, for both divorce and legal separation, you don’t need to show any reason for divorce to a court. If one spouse desires to divorce then the court will grant the divorce. Similarly, spouses do not need to prove a reason to get a legal separation. Claiming that the marriage is “irretrievably broken” is reason enough to obtain a Decree of Legal Separation as long as the other spouse does not object.  Only one of the two spouses must desire the divorce.  The person who “wants to hang on” cannot prevent the legal divorce from ultimately taking place.

What if One Spouse Insists on a Divorce?

Unlike in a divorce, legal separation is only granted if one spouse does not object. If one spouse wants a legal separation but the other wants a divorce, the court will convert the case and grant the divorce. Because a spouse can object, it’s important to discuss and make sure this is what both parties want. Consult with a local divorce attorney in Scottsdale to discuss your options.

What if the Legally Separating Couple has Children?

Child custody issues for legally separating couples are handled similarly to a divorce by Arizona courts. The courts will always prioritize the needs of the children. A family court will also determine parenting time and parental responsibilities.  You will receive formal judge imposed custody orders from the Court under either scenario.

What Happens to Marital Assets and Debts When a Couple Legally Separates?

Asset and debt separation for legal separations are also handled similarly to divorces. A court will make the determination.   Usually, the date upon which the original Legal Separation or Divorce Petition is “served” on the receiving spouse is the date that the community terminates.  Put another way, any salary or paychecks received after the date of service will usually be the earning spouse’s sole and separate property.  Exceptions apply, however.  Please consult seasoned legal counsel on all of these issues.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help
, ,
0
1 … 13 14 15 16 17 … 26