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Written by Canterbury Law Group

Alimony Factors in Arizona

Alimony is the former name for what’s now called spousal maintenance. Alimony is financial assistance that the court orders one spouse to provide another spouse when a marriage ends. One spouse must request spousal support for the court to issue an order compelling the payments. There are several factors that a court takes into account when determining alimony. The court first examines certain qualifying factors to determine if one spouse even can procure alimony and then and only then decides how much and for how long.   There are no juries in Arizona family court, only a sitting judge.  So whether you like it or not, one person, in a black robe, will someday make a big decision on how much and how long your ex-spouse may or may not be paid upon divorce.

The Need for Spousal Maintenance

The court first decides whether one spouse actually qualifies for spousal maintenance and whether the other has the means to pay, before ordering maintenance be paid. A spouse may request alimony if he or she does not have enough property after marital distribution to provide for oneself, or is somehow unable to find proper employment. If one spouse has significantly contributed financially to the other spouse’s education, then alimony can be requested by the spouse who contributed. The court will look at the other’s spouse’s financial situation as well. A divorce lawyer in Scottsdale can help you file an alimony petition.

Duration of Marriage Affects Alimony

The longer the separating couple has been married, the higher the chance for alimony for one spouse may be. Generally speaking, if married less than 5 years, procuring maintenance from the wealthier spouse can be a challenge, or impossible. Once one hits ten years or more, the ability to obtain maintenance for some period of time appears to jump significantly.  If you have been married 30 years or more you can almost guarantee that someone is going to be paying spousal maintenance to the other.

The law of Arizona specifically states to take the duration of marriage into consideration when setting alimony. However, the law does not specify the ideal duration or a minimum duration. So even a spouse that was married for just a week can technically request alimony.  As noted, however, marriages of short duration rarely qualify for a payout.

Can Alimony Be Granted to Unfaithful Spouses?

The short answer is yes.  This is a common question for some divorcees. Understandably, a spouse may not want to pay alimony to another who has been unfaithful throughout the marriage. So, some spouses may prefer to have such spousal misconduct be a factor in determining alimony. However, in Arizona, divorce is not granted based on spousal misconduct. Arizona is a no fault jurisdiction.  Thus, couples can file for divorce in Arizona without providing a reason. If one spouse contests the divorce, the other spouse only has to show to the court that the marriage is broken beyond repair. Marital misconduct is not legally relevant to the divorce proceedings, and therefore will not play a role in any alimony fight. Unfaithfulness on one side does not lead to automatically denying alimony for that spouse, nor does the court demand the cheating spouse to pay the other. The same applies for dissolution of covenant marriages.  Long story short, while he or she may have cheated—he or she may still get paid by the Court depending on your income and length of marriage.

Prenup Roles in Alimony

A prenuptial agreement is an optional private contractual agreement that spouses enter into before marriage. When a couple divorces, a prenup is upheld for the most part if all provisions are in accordance with the law. If one spouse has agreed not to seek alimony in a prenup, the court will often uphold this in divorce proceedings. However, the court may rule otherwise if the spouse that needs alimony could end up in a welfare state without spousal maintenance. Arizona law allows courts to decline the validity of prenups if one spouse could end up in dire financial need following divorce.

Determining alimony is affected by many factors. Consult with a competent divorce lawyer to secure alimony as you desire, or to defend vigorously against paying it.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Marital Estate, Marriage Annulment
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Marriage Annulment in Arizona

Marriage annulment is a term many people have heard of, but only a few really understand. Forget about what you may have heard about annulment on TV. There are actually two types of marriage annulments: civil and religious. A religious annulment is granted by a religious institution like a church and its clergy. Civil annulment is granted by a court of law and affects your legal civil status. This article explains civil annulment.

What is Civil Annulment in Arizona?

Civil marriage annulment takes place when a court declares that a marriage is not valid but void. It means that the court legally declares that for legal purposes the couple was never married. It can be confusing, but if what was considered a marriage was not obtained in accordance with legal requirements for marriage in Arizona, the court can annul the marriage. It’s sort of like a court “erasing” a marriage. It is as if the marriage literally never happened.

The Two Types of Civil Annulment

Courts in Arizona classify annulments in two ways as voidable marriages and void marriages. A void marriage is a union that was not valid from the beginning. Arizona has a list of prohibitions for marriage, such as incest, which would make a marriage completely invalid. If a biological brother and a sister got married, this is not a marriage that the state recognizes as valid, and therefore would incur in a void annulment.   There are several other methods by which a marriage can be deemed void and you should consult a family law attorney for more details.

A voidable annulment is where one party can seek an annulment from a court. For example, if one spouse was deceived into marrying the other, the wronged spouse has the right to request a voidable marriage annulment.  Deception grounds can include, for example, failure to consummate the marriage by one partner refusing to ever have sex with the other spouse at any time after the ceremony.  Again, consultation with legal counsel is critical before you seek annulment.

Is an Annulment Any Different from Divorce?

Getting a divorce involves going through often-lengthy court proceedings to formally end a marriage. The important difference between divorce and annulment is that in the case of the former, the courts recognize the marriage as valid, and thus to end it there must be divorce proceedings according to the law. Annulments do not require going through lengthy court proceedings. Once a judge declares a marriage invalid, it’s no more.  It typically can occur far faster than a conventional divorce litigation.

It should be understood that not all annulments are quick and painless. There are very specific grounds under which a marriage can be annulled.  Absent qualification for such a remedy, your case will be diverted to a conventional divorce resolution like everyone else.

What are the Grounds for an Annulment?

Under Arizona law, there is a list of “void and prohibited marriages.” Any marriage that falls in this category is not recognized by the state as valid. Arizona prohibits marriage between parents and children, between grandparents and grandchildren, between whole or half-blood brothers and sisters, between first cousins (but only under certain conditions), and between uncles or aunts and nieces and nephews. Same sex marriage was also once considered “void and prohibited”. However, recent Supreme Court rulings have changed that. Same sex marriage is now legal and the law of the land.

There are other reasons a spouse can request an annulment, such as fraud, deception, coercion, intoxication (when getting married), underage marriages without parental consent, mental illness, “mock” marriages, inability to consummate the marriage, bigamy, and incest. To know for sure if your marriage can be annulled, get family law help in Scottsdale.

If the couple has children, the annulment proceedings will determine which party should be responsible for the children. The court may not recognize certain property as “marital assets” if the marriage is considered void. You should contact a lawyer with specifics to find out how annulment proceedings may affect children or assets. Annulment compared to divorce can generate a significantly different outcome in property allocations in any divorce or annulment scenario.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Marriage Annulment, Scottsdale Attorneys
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Chapter 7 Bankruptcy Exemptions in Arizona

The Bankruptcy Code is governed by federal law, which means that many aspects of bankruptcy such as the “automatic stay” apply similarly regardless of the state the petitioner lives and files in. However, it’s important to know that Arizona has legally opted out of many federal bankruptcy exemptions under the code. So people who file for bankruptcy in the state can obtain exemptions only according to state laws. This particularly pertains to property exemptions. State bankruptcy exemptions work similarly for both Chapter 7 and Chapter 13 bankruptcy in the state. If you are filing for a Chapter 7 bankruptcy, read below to find out which exemptions you may qualify for in the state:

Residential Property and Homestead Assets

Arizona’s homestead exemption allows debtors to exempt up to $150,000 equity value from any real property considered a home. Other real property may also qualify if it falls within Arizona’s homestead laws. The exemption is the same for single as well as married couples. You will have to contact a lawyer regarding which of your real properties can be exempted under the homestead exemption clause in the state.

Certain Types of Personal Property

The courts allow debtors to get exemptions for various items that can be considered “personal property.” Your personal property includes items you own like clothes, computers, guns, furniture, books, pet animals, musical instruments, health aids, and wrongful death awards among others. The state allocates a specific amount of each personal property as exemptions. For example, Chapter 7 petitioners can exempt up to $2,000 for a wedding ring. You should refer to Ariz. Rev. Stat. §§ 33–1123, 33–1125 and 33–1127 for more information, or ask an experienced bankruptcy lawyer.

Deposits

A debtor filing for bankruptcy can exempt up to $300 from deposits in one bank account. If you have multiple bank accounts, contact a bankruptcy attorney in Scottsdale to find out how you can obtain exemptions.

Motor Vehicles

Arizona has very specific exemptions for motor vehicles for Chapter 7 bankruptcy. The courts allow debtors to exempt up to $6,000 equity for each vehicle owned. Elderly petitioners or their elderly or disabled spouses can exempt up to $12,000.  Again, consultation with your legal counsel is essential.

Retirement Benefits and Pension Funds

Under federal rules, qualified retirement plans such as 401ks and IRAs, which have tax-exempt status, are also exempt in bankruptcy proceedings. Arizona upholds this rule. In addition, debtors who benefit from any type of state employee pension plan can obtain exemptions. Amounts will vary depending on the type of plan you have.  So let’s say you have $200,000 in retirement assets, you can still file and procure a bankruptcy discharge and still own your $200,000 in retirement accounts post-discharge.

Life Insurance Benefits

Up to $20,000 in life insurance that could be paid to a child or a living spouse can be exempted when filing for Chapter 7 bankruptcy. Cash surrender value will be considered for exemptions. Similar exemptions can be obtained for insurance plans that cover ill health, accidents or disability. Insurance claims for damages or destruction to property that is exempt will also be exempted from proceedings. There are many insurance exemptions, but there are also exceptions. It’s important to ask a highly qualified lawyer whether your insurance benefits can be exempted under Chapter 7 bankruptcy proceedings.

Child Support

Arizona exempts all child support or alimony payments from discharge when filing for bankruptcy. So filing for bankruptcy is not a valid reason to not pay court ordered alimony or child support.  You are your estate (after you die) will owe child support and alimony for life—and even then, your estate will be compelled to pay.

Fraternal Benefit Society Benefits

If you claim benefits from the Fraternal Benefit Society, they will all be exempted under Arizona law. To find out more about exemptions you can get when filing for Chapter 7 bankruptcy, contact an experienced bankruptcy lawyer or call Canterbury Law Group at 480-744-7711.

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Busting Common Myths about Arizona Bankruptcies

Filing for bankruptcy anywhere can be stressful. However, if you are neck deep in debt, and if bankruptcy seems like the best path to take, you shouldn’t hesitate to do so. Some people hold back on filing for bankruptcy and sorting out debt because of many misconceptions. Here is a brief list of common myths surrounding bankruptcy and the actual truth which dispels them.

Chapter 7 Bankruptcy Erases All Debt

Under both Chapter 7 and Chapter 13 bankruptcy rules, some debt will be discharged by the court. This does not mean that all debt will be “erased” by the courts. For example, discharge is not granted for certain debt like owed child support, spousal maintenance, penalties owed for criminal or civil cases, certain tax debt, and for all secured debt. What will actually happen when you file for Chapter 7 bankruptcy is that the court will review your case, and the judge will discharge a certain amount of unsecured debt. Then, the court will oversee a payment plan for you to pay back all remaining secured or exempt debt.  Will you walk away from bankruptcy with substantially less debt—yes, all debt gone—not always?

The Creditors Can Claim My Car and House

This is a common myth surrounding filing for bankruptcy and it’s largely not accurate. The courts allow bankruptcy petitioners to keep family homes and main modes of transportation under exemption rules. Even if your house is tied up in debt, you can claim an exemption of up to $150,000 out of the total equity value of your home. You can also get up to $6,000 worth of exemptions for each motor vehicle you own. Also, Arizona’s homestead laws further protect family homes. There are no recent known cases where an Arizonian bankruptcy court uprooted a family from their home over an unpaid debt. The courts are largely in favor of debtors keeping their shelter. To find out more about exemptions your property or vehicles might qualify for, contact a local bankruptcy lawyer in Scottsdale.

The Bankruptcy Court will Inspect My House

The bankruptcy court does not demand that anyone go to the debtor’s house and go through his or her possessions. The petitioner is expected to voluntarily list all possessions (under oath) when presenting the necessary paperwork. If the debtor has lied, the creditor’s lawyer will point it out to the court. There are no inspections of any sort involved absenting a willful fraud on the court by the applicant.

Filing for Bankruptcy Disqualifies Me from Applying for Credit Cards and Loans

Debtors that file for bankruptcy are not automatically disqualified from obtaining credit cards or loans like car loans. Certain types of bankruptcy, like Chapter 7 bankruptcy, discharges unsecured debt like unpaid credit card bills and personal loans. Once you have been declared bankrupt, your credit score will be lowered. Some loans will not be available for you based on this low credit score. However, as soon as you start repaying remaining debts, your credit score will come back up again quickly. In the meantime, you will be able to qualify for secured credit cards or loans even after you have filed for bankruptcy.

Also, when you have filed for personal bankruptcy once, you have to wait at least 6 years to file for personal bankruptcy in the state again. Creditors know this, and some actually prefer to lend to formerly bankrupt clients because of this knowing that they will not return to the bankruptcy court for years to come.

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Landscaping and Pest Control Advice

All professional landscapers must heed the laws and regulations set forth by the state of Arizona. The state has a significant body of laws to protect the environment and consumer rights with regards to these activities. If you own a landscaping or an exterminator company, here are several things to be aware of:

Understand the Definition of Pest Control

The landscaping and pest control laws in Arizona have a precise definition for what amounts to a Pest Control Company. Pest management is defined under the law as the “management of health-related pests,” including services provided on land, in water or inside homes. Pest management does not include applying pesticides for agricultural purposes or at golf courses. It’s important to know this definition when you run a company. If your business is registered as a pest control company, and if you go to control pests at golf courses in Arizona, that would be illegal.

The Companies are Responsible

In Arizona, the company registered as a landscaping or pest control business is responsible for its practices. The employees the business hires to work on gardens and houses will not be liable if a legal case comes up. In some cases, licensing violations can apply to individuals, but only if certain criteria are met (such as how many gallons of pesticide one carries). These laws do not apply to regular homeowners who spray pesticides or herbicides on their lawns for their own personal use and benefit.

Know What Chemicals are Approved for Use

The state issues control on what chemicals can be used to control pests or weeds. For example, landscaping companies may use herbicides labeled as “restricted use” or “danger.” But appropriate licenses must be obtained to apply these substances. Plus, there will be other rules set by the Office of Pest Management (OPM) that companies must follow. Failing to follow rules and regulation will result in penalties or litigation.  Consultation with an experienced pest control law firm is essential when making these decisions on your company’s best practices.

Get Insured

Mitigate any risks to your businesses by getting insured. It’s inevitable that problems might come up when handling dangerous chemicals on other people’s property. So all landscaping and pest control businesses must have a good insurance coverage. Make sure the insurance provides coverage for the actual costs incurred. For example, there’s no point in buying a business insurance policy for $10,000 if it only covers about $100 in damages. Understand how the damages are paid. For example, know whether the policy provides cash value for damages or replacement costs. In addition, your company may need to get covered for employees, tort liability and similar issues.  Consult with an attorney to make sure your business is covered for all potential risks if and when bad things do actually happen.

Evaluate Chemical Use

Businesses should be careful regarding the types of chemicals that are being used to control pests or weeds. Even if your company is authorized to use it, the applicators must be careful not to use chemicals that might potentially cause issues like allergy reactions. Safety precautions, of course, should be carefully practiced. Use the least harmful chemical first before resorting to more harsh ones when controlling for pests and weed.  Your employees and agents must be trained early, and often, and you must ALWAYS have a paper trail evidencing that you conducted such training for the inevitable OPM audit and inquiry into your company’s operations.

Hire a local attorney to review your businesses license, insurance policy and best practices to make sure they are being conducted according to state law.  Call Canterbury Law Group today at 480-744-7711.

Landscape Company, Landscape Company Laws, Pest Control, pest control and landscaping attorney, pest control and landscaping law, pest control law, Pest Control Laws, pest control legal help, Pest Control or Landscape Company
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When Should You File for Bankruptcy?

Of course, filing for bankruptcy is not easy on anyone. The filing process can go smoothly if you have a good lawyer. What’s really difficult is deciding when to file for bankruptcy. Does your financial situation actually call for you to throw in the towel? This article will help you understand which situations call for declaring personal bankruptcy:

Do a Self-Assessment of Your Situation

No one knows your financial situation better than you. So, when deciding to file for bankruptcy, you should do a self-assessment of your financial situation. Even if you feel like your debts are unbearable, you may not necessarily be in the danger zone that calls for declaring bankruptcy. There are several indicators that you are in serious financial trouble. Here is a short list:

  • You get constant debt collection calls
  • You are unable to, and have not recently made, minimum payments on credit cards
  • You don’t know the size of your debt
  • Your family home is at risk of foreclosure due to a debt
  • You have to borrow money to pay for necessities
  • You get a lot of red notices in the mail
  • Your creditors are threatening legal action

If you answer yes to three or more questions above, then you are seriously in debt. If you are unable to pay for everyday necessities without using credit cards or borrowing money in another manner, then you are definitely in the financial danger zone. You could consider bankruptcy as a possible solution.

Consider Alternative Routes

Filing for bankruptcy will lower your credit score significantly. Therefore, it’s not something that should be done frivolously. First, consider if there are alternatives to bankruptcy you can consider. Try calling your creditors and renegotiating the terms of your loans. Most creditors prefer if debtors don’t go bankrupt as a judge could erase the unsecured debt. It’s very likely that the creditor will be able to come into new favorable terms with you.  You can also consider selling stuff around the house to find funds to repay loans. It’s possible that you are spending money unnecessarily, so a household budget adjustment may solve your problems. Exhaust your alternatives first, and then decide to file for bankruptcy.

Consult with an Attorney

If you are really not sure about doing either of the above, you can always consult with an attorney for professional advice. Find a local bankruptcy attorney in Scottsdale or other cities in the state. Most will be willing to hold a consultation for a lowered fee. The state of Arizona does pose limits on how much a bankruptcy attorney can charge so money may not be an issue.

Know What Types of Debt You Owe

Are your debts mostly because of secured loans, unsecured loans, unpaid taxes, or fees due like alimony? Some debts, like taxes and child support, cannot be wiped out by filing for bankruptcy. If you owe a lot of unsecured debt, like credit card debt, then filing for Chapter 7 bankruptcy is a good option.

It all depends on the type of debt you owe, and your income level. Before you file for bankruptcy, make sure you are eligible for it. You may also want to ask your attorney whether a certain type of debt can actually be forgiven by a bankruptcy court.

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How to Sue an Abusive Creditor in Arizona

If you are in debt, it’s not uncommon to experience constant creditor collection calls. However, some debtors experience serious creditor harassment and abuse. Some creditors can threaten debtors, verbally abuse them, deploy scare tactics like fake court orders, or demand unseemly favors in return for not paying the debt. The laws in Arizona protect debtors from such abusive behavior from creditors.

How the Law Protects Arizona Debtors

Creditors in Arizona are subject to the Fair Debt Collection Practices Act (FDCPA). It is a federal law that protects debtors from abusive creditors and collection practices. Under Arizona state law, creditors and collectors are also prohibited from engaging in specific types of intrusive, abusive and deceptive debt collection practices. Unlike the federal law, the state law is a criminal statute. That means if you are a victim of any prohibited practices, the collection agency may be deemed liable.

The debtor can directly or indirectly sue an abusive creditor. Because this falls under criminal law in Arizona, the victim cannot directly sue the abuser for breaking the law. That is up to the state government. If you have experienced abusive debt collection practices, you can report it to a local county or city prosecutor who will potentially charge the creditor with a class 1 misdemeanor. However, as a victim, you can still sue the abusive debt collector for monetary damages under the FDCPA mentioned above. You will need assistance from a bankruptcy lawyer in Scottsdale who will be very familiar with this provision of the federal laws.

Debt Collection Practices Prohibited Under Arizona Law

Before you report or sue a creditor, you must know exactly what debt collection practices are prohibited under the law. Your creditor can still call you on a daily basis without the practice necessarily being considered abusive. Here is what the law prohibits:

  • Pretending to be a legal authority or a law enforcement agency in order to collect a debt
  • Sending any documents or written communication that imitates a court, government, or a legal document
  • Pretending to be a lawyer or have a law office without being a licensed attorney in the state
  • Attempting to collect fees that are not related to the debt, such as collection fees, legal fees, court fees, and so on
  • Tell you that if you don’t pay the debt, you will have to pay additional fees for investigations, services, lawyers or anything else
  • Lying to you about the amount of existing debt
  • Giving the impression that any lawful or government agency in Arizona backs the creditor
  • Use verbally abusive language in collection calls
  • Continue to contact you after you have sent a written request not to

Some other abusive practices, such as physical threats, are also prohibited. Contact your lawyer if you don’t see the tactics that are being used against you by a collection agency in the above list.

It’s important to keep in mind that suing the creditor for illegal collection practices does not “erase” the debt. You will have to go to bankruptcy court to have at least some of your debt forgiven.

Abusive Creditor in Arizona, Scottsdale Legal Help
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Grandparent Rights in Arizona

Grandparents form an important part of extended families. In some families, grandparents are like another set of parents to children. Most grandparents care deeply for their grandchildren. If a child’s parents or guardians are failing in their duties, the grandparents might wish to step in and help.

In Arizona, grandparents can legally seek custody of grandchildren or visitation rights under the statutes A.R.S § 25-409. A grandparent must go to family court for these rights, and these petitions are carefully reviewed by a judge. The court decision will be based on what’s legally called the “best interests of the child.” Therefore, grandparents who want legal custody, visitation rights, or seek to adopt a grandchild should consult with Family Law help in Scottsdale.

How Can Grandparents Get Visitation Rights?

If a child’s parents deny the grandparents visitation rights under any circumstance, the grandparents can file a petition in court in Arizona. The court will consider the petition if the following conditions are true:

  • The child’s parents were never married.
  • The grandparent is the parent of a deceased or missing (for at least 3 months) parent of a child.
  • The petitioning grandparent is the parent of a non-custodial parent of a child, where the child’s parents are divorced and have been for at least three months.

If the above conditions are not met, it’s unlikely the court will consider the petition. Exceptions may be granted in the case of extraordinary circumstances, such as abuse. These considerations fall under the child’s best interests category.

Eligibility of the Grandparent

Grandparents petitioning for custody are required to meet certain eligibility criteria as set by Arizona law. The requirements go as follows:

  • The child’s legal parents should be deceased, in the process of getting divorced or legally separated, or were never married
  • For the grandparent to get custody of a child, then remaining in the parent’s custody must be detrimental to the child’s well-being.
  • The grandparent must be able to be “in loco parentis” to the child, meaning that the grandparents will provide the same care and support as a parent.
  • The custody of the child should not have been decided in the previous year (exceptions are granted in cases where the child could be harmed).

If the above eligibility requirements are not met, then the petition will be dismissed.

How Does an Arizonian Court Determine the ‘Best Interests of the Child’?

Under Arizona law, a court must consider “all relevant factors” when determining the best interests of the child. In family law, there are actually five statutory factors that courts always consider when approving a petition. Here are those factors as follows:

  • The relationship the grandparent has with the child in historical terms
  • The reason that the grandparent is petitioning for visitation rights
  • Why the parents may have denied the grandparent visitation rights
  • The impact of visitation on the child’s life or activities if the court grants the grandparent visitation rights, depending on the amount of visitation the petitioner seeks
  • If a parent, or both, are deceased, the benefit grandparent’s visitation will have on other extended members of the family

When Can Grandparents Petition for Visitation Rights

Grandparents can go to the family court directly for visitation rights. If the parents are getting a divorce or are in the middle of a custody battle, then a grandparent can sometimes file the petition as part of the divorce or custody proceedings. Consult with a lawyer for more specifics on when to file.

Grandparents can also formally adopt a child, but these types of petitions are subject to a different set of laws. Your family lawyer will be able to assist you in explaining these laws.

Grandparent Rights in Arizona

Grandparents form an important part of extended families. In some families, grandparents are like another set of parents to children. Most grandparents care deeply for their grandchildren. If a child’s parents or guardians are failing in their duties, the grandparents might wish to step in and help.

In Arizona, grandparents can legally seek custody of grandchildren or visitation rights under the statutes A.R.S § 25-409. A grandparent must go to family court for these rights, and these petitions are carefully reviewed by a judge. The court decision will be based on what’s legally called the “best interests of the child.” Therefore, grandparents who want legal custody, visitation rights, or seek to adopt a grandchild should consult with Family Law help in Scottsdale.

How Can Grandparents Get Visitation Rights?

If a child’s parents deny the grandparents visitation rights under any circumstance, the grandparents can file a petition in court in Arizona. The court will consider the petition if the following conditions are true:

  • The child’s parents were never married.
  • The grandparent is the parent of a deceased or missing (for at least 3 months) parent of a child.
  • The petitioning grandparent is the parent of a non-custodial parent of a child, where the child’s parents are divorced, and have been for at least three months.

If the above conditions are not met, it’s unlikely the court will consider the petition. Exceptions may be granted in the case of extraordinary circumstances, such as abuse. These considerations fall under the child’s best interests category.

Eligibility of the Grandparent

Grandparents petitioning for custody are required to meet certain eligibility criteria as set by Arizona law. The requirements go as follows:

  • The child’s legal parents should be deceased, in the process of getting divorced or legally separated, or were never married
  • For the grandparent to get custody of a child, then remaining in the parent’s custody must be detrimental to the child’s well-being.
  • The grandparent must be able to be “in loco parentis” to the child, meaning that the grandparents will provide the same care and support as a parent.
  • The custody of the child should not have been decided in the previous year (exceptions are granted in cases where the child could be harmed).

If the above eligibility requirements are not met, then the petition will be dismissed.

How Does an Arizonian Court Determine the ‘Best Interests of the Child’?

Under Arizona law, a court must consider “all relevant factors” when determining the best interests of the child. In family law, there are actually five statutory factors that courts always consider when approving a petition. Here are those factors as follows:

  • The relationship the grandparent has with the child in historical terms
  • The reason that the grandparent is petitioning for visitation rights
  • Why the parents may have denied the grandparent visitation rights
  • The impact of visitation on the child’s life or activities if the court grants the grandparent visitation rights, depending on the amount of visitation the petitioner seeks
  • If a parent, or both, are deceased, the benefit grandparent’s visitation will have on other extended members of the family

When Can Grandparents Petition for Visitation Rights

Grandparents can go to the family court directly for visitation rights. If the parents are getting a divorce or are in the middle of a custody battle, then a grandparent can sometimes file the petition as part of the divorce or custody proceedings. Consult with a lawyer for more specifics on when to file.

Grandparents can also formally adopt a child, but these types of petitions are subject to a different set of laws. Your family lawyer will be able to assist you in explaining these laws.

Family Law, Family Law Attorney, Scottsdale Divorce, Scottsdale family attorneys
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Common Misconceptions about Divorce in Arizona

We all have our own ideas about divorce. When it comes to the legal aspects of divorce, most people have significant misunderstandings. The legal process to divorce in Arizona is straightforward, but cases that go before a judge can become really complicated. If you are considering a divorce, it’s very important to realistically understand the legal process and consequences. Here is a list of common misconceptions about divorce most Arizonians have:

Does Filing a Court Petition Equal a Divorce?

When you file for a divorce in a court, you are required to file a petition. Some people believe this petition to be equal to a legal divorce. It is not. You are legally divorced when a judge says so and issues a ruling which recognizes the formal Date of Separation. From that day on, your civil status will be officially divorced and single, but not a day before. This date is very important because your income and property ownership (that you retain after the proceedings) only become non-marital property after this date is set by the court.

Can Child Custody be Arranged According to a Prenup?

This is an absolutely inaccurate idea. Prenups can set provisions for things like asset division in a divorce. However, child custody is solely up to a family court to decide. Child custody is largely a matter of public policy that ensures the well-being of a child. That requires judicial assessment of a child’s current living situation. Therefore, having provisions for child custody is highly improper in a prenup agreement. It could possibly render the whole agreement void. To make sure your prenup agreement has no chance of being voided by a court, consult with a divorce attorney in Scottsdale.

Can A Spouse be Ordered to Pay My Attorney’s Fees?

In Arizona, the laws allow for a divorce court to order one spouse to pay the legal fees of the other in whole or part. However, this is very much subject to a judge’s independent review. The aim of these laws is to eliminate any income disparity between the spouses from hindering access to similar legal representation (going to court on “a level playing field” so to speak). However, the judge will see how “reasonable” both parties are. In other words, your spouse will be ordered to pay your legal fees if only the request is evaluated as reasonable and that your positions are in fact reasonable as presented in court.

Is Alimony is Forever in Arizona?

Courts in Arizona typically set alimony for a specific period of time, such as until a child comes of age. The purpose of alimony is to provisionally support a spouse in need. But alimony is not financial life support. If the receiving spouse dies, remarries or cohabits with another, then alimony can be terminated.   Generally speaking, the longer the duration of the underlying marriage, the longer the potential duration of payout on spousal maintenance.

Creditors will Only Go After the Spouse for Debts He or She Agrees to Pay Off

Arizona is a “community property” state. That means that any debts incurred during a marriage become the presumptive responsibility of both spouses. The actual person who signed the loan agreement may not always matter. This status applies even after a divorce. Your spouse could agree to pay off a credit card loan or the home equity line of credit in the divorce agreement, but you won’t be completely off the hook. If the spouse fails to pay, the third party creditors could come after you. Any agreement in a divorce is between you and the spouse, not the creditor.

Hopefully, now you are a bit more enlightened about what getting a divorce means in Arizona.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Divorce, Scottsdale Legal Help
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Written by Canterbury Law Group

What Type of Bankruptcy Should You File in Arizona?

There are several different types of bankruptcy to consider if you are in serious debt you cannot pay back. First, you have to decide that bankruptcy is the best course of action to take. Once you have done that, you should decide under which “chapter” under which to file for bankruptcy.

The most common types of personal bankruptcy are Chapter 7 or Chapter 13. To decide between the two, you should seek legal advice from a local bankruptcy lawyer in Scottsdale, Phoenix or elsewhere. Let’s look at the types of bankruptcy available and which type may suit your needs the best:

Chapter 7

Chapter 7 bankruptcy is sometimes referred to as “liquidation bankruptcy.” It’s quite common because it allows the court to discharge many types of unsecured debts. For example, massive amounts of credit card debt or personal loan debt can be completely discharged by a judge under this law. If there are nonexempt properties or debts, the court would appoint a Trustee to oversee your finances until remaining creditors are paid off.

This type of bankruptcy is only available to debtors with medium to low-income. The process to file for Chapter 7 bankruptcy can take up to 4 months, and sometimes involves significant paperwork.

Chapter 11

This type of bankruptcy is similar to Chapter 13 in that it is also a type of “reorganization” bankruptcy. It is typically used by large corporations or companies but individuals can use it too. Personal bankruptcy is rarely filed under Chapter 11 however.

Chapter 12

Chapter 12 bankruptcy is exclusively for fishermen and farmers. It involved submitting a repayment plan to court like in Chapter 13. However, unlike Chapter 13, these plans are allowed to be more flexible. Chapter 12 offers more flexibility with cramdowns and lien shipping for unsecured aspects of secured loans. Chapter 12 requires higher debt limits to get a favorable ruling.

Chapter 13

Chapter 13 bankruptcy is called the “wage earners” bankruptcy. It’s usually the last resort for those who don’t qualify for Chapter 7 bankruptcy. This route allows debtors to pay back their creditor in full or part via a court-approved payment plan. Paying the debts off can take up to 5 years depending on the petitioner’s income. Once the payment plan is approved, the court may discharge some unsecured debts. Chapter 13 bankruptcy can prevent a home foreclosure and allow debtors to keep much their property.  Discussing these issues with experienced bankruptcy legal counsel is critical.

Under Chapter 13 bankruptcy law in Arizona, only unsecured debt below a certain fixed debt amount (e.g. $394k) will be discharged by a court. Submitting a payment plan for this type of bankruptcy can be complicated so a bankruptcy attorney is almost always needed to successfully procure court approval of your 3 or 5 years Chapter 13 discharge plan.

To decide which type of bankruptcy is best for you, look at two things: assets and income. Income matters because filing under Chapter 7 is only possible for people in a certainly limited income bracket. You must also choose the right type of bankruptcy to protect assets that could be considered nonexempt. Speaking in general terms, if you are unemployed or earn a low income with few available assets, Chapter 7 may be the best option. If you earn a significantly high income and have many assets, Chapter 13 could be the best option.  Under either Chapter, counsel with experienced and seasoned bankruptcy legal counsel is the critical first step in the process.

bankruptcy, bankruptcy attorneys, Filing Bankruptcy in Scottsdale, personal bankruptcy attorneys, Type of Bankruptcy Should You File
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