Family & Divorce Law - Recent Successes Archives - Simon Law https://www.simonlawgroupaz.com/category/family-divorce-law-recent-successes/ Site by Vuria Tue, 13 Sep 2022 23:44:55 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.2 https://www.simonlawgroupaz.com/wp-content/uploads/2019/04/cropped-Layer-2-32x32.png Family & Divorce Law - Recent Successes Archives - Simon Law https://www.simonlawgroupaz.com/category/family-divorce-law-recent-successes/ 32 32 How to Protect Your Small Business From a Divorce https://www.simonlawgroupaz.com/how-to-protect-your-small-business-from-a-divorce/?utm_source=rss&utm_medium=rss&utm_campaign=how-to-protect-your-small-business-from-a-divorce Fri, 02 Sep 2022 23:42:22 +0000 https://www.simonlawgroupaz.com/?p=5932 Arizona is a community property state, which means when you get divorced, all marital assets are to be divided equally. This can include your small business, depending on when the business was started and how much of the marital property went into building the business.

Chances are, you have emotional ties to your small business, in addition to it being your livelihood. The sooner you start taking steps to protect it, the better. It doesn’t matter if you’re not married yet, or if you are happily married and have no concerns about ever getting divorced. Anyone who is currently trying to protect their business during a divorce will tell you that it’s never to early to think about how to protect it.

Here are a few suggestions on what to do from the very beginning of your company, or marriage, in order to prevent challenges that would arise in the event of a divorce.

Form an LLC before the marriage

If you own a small business and think you might want to form an LLC, do it before you get married, so that the business is entirely yours. It is harder to make a case that an LLC formed after the marriage is not community property. Also, once you get married, be sure to keep the LLC completely separate from your marital finances.

Make a prenuptial agreement

One of the strongest ways to protect your small business in a divorce is to sign a prenuptial agreement with your spouse before you get married. The agreement should establish that the business is entirely yours and will not be divided in any way in a divorce. Consult with an attorney to ensure this agreement is airtight.

Fix the oversight with a post-nuptial agreement

A post-nuptial agreement isn’t as strong as a prenuptial, but it can still get the job done. These agreements are a little more tricky, though, as they aren’t valid in all states, even though they are in Arizona. It’s best to consult with an attorney to ensure your post-nuptial agreement will be strong enough to hold up in court if there’s a divorce.

Minimize your spouse’s role in the business

Another necessity if you’re going to protect your small business in a divorce is to ensure your spouse doesn’t contribute too much. In the best case scenario, your spouse shouldn’t have any role in your business whatsoever, as they could use that to claim they were material in your business’s formation or growth. If your spouse does work for the business, have them sign a buy-sell agreement to limit their claim on the business in case of a divorce.

Keep the business’s finances separate

With many small businesses, it’s all too common for business and personal finances to blend. Keep separate accounts for the business and document everything meticulously.

Pay yourself a generous salary

Finally, it’s not enough just to keep the business’s finances separate. Be sure to pay yourself a salary, and pay yourself well, so that it doesn’t look like you were withholding part of your income (which, remember, is community property once you’re married) to benefit the business.

The more of these precautions you can take, the better it is for your business. Even if it’s too late for some of them, if you are starting to grow concerned that your marriage is headed for a divorce, it’s never too late to start doing what you can. Contact us at the Simon Law Group today to find out what steps you can take to safeguard your business from divorce.

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What Happens If I Voluntarily Terminate My Parental Rights? https://www.simonlawgroupaz.com/what-happens-if-i-voluntarily-terminate-my-parental-rights/?utm_source=rss&utm_medium=rss&utm_campaign=what-happens-if-i-voluntarily-terminate-my-parental-rights Wed, 24 May 2017 17:25:23 +0000 http://www.simonlawgroupaz.com/?p=5307 ]]> Deciding to Terminate The first thing to know is that you cannot decide on your own to terminate your own parental rights. However, if you meet with the custodial parent and obtain their approval to terminate your rights, then together you can coordinate this petition. In this case, the custodial parent would then file the Petition to Terminate Parental Rights with their Court. At this point, the Court will consider various points of the scenario.
  • The communication efforts of the non-custodial parent with the child
  • If child support payments have been made or are being made
  • The wishes of the child, if he or she is thirteen years or older
  • Which decision would be in the best interest of the children themselves
  • Whether or not the non-custodial parent ever abandoned the child
  • If the non-custodial parent has ever endangered the child in the past
To officially consent to the termination, the signing must be witnessed by two people with all signatures notarized. Child Support Even if a parent has given up their rights, they are still required to pay child support. The custodial parent must agree to waive child support should you be behind in your payments, then you will still owe any child support that was due prior to the termination. If the child is adopted, any future child support obligation is terminated. In many cases, the District Attorney of the child support enforcement division will be notified of the proceedings, and given the opportunity to object. If the secondary parent’s rights are terminated, there is no other avenue for payment should the custodial parent need to go on government assistance. The custodial parent will have to convince the Court that they have never been on government aid, and will likely never need to be. If the child support you still owe is solely to the other parent, it is possible to come to some sort of agreement with them. However, if part of that child support arrears is owed to the District Attorney, as reimbursement for government aid given to the custodial parent. On the other hand, if there is another party ready to adopt the child, then the termination should move forward without the District Attorney becoming involved. It can be tricky to navigate the complicated steps of terminating one’s parental rights. If it is something that you are certain that you are ready and willing to do, seek expert legal counsel to guide you through the process. This is a major step, and incredibly difficult if not impossible to reverse, so get quality counsel before proceeding.          ]]>

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CHILD SUPPORT AWARD https://www.simonlawgroupaz.com/child-support-award/?utm_source=rss&utm_medium=rss&utm_campaign=child-support-award Tue, 21 Mar 2017 22:13:14 +0000 http://www.simonlawgroupaz.com/?p=5304 ]]> ]]> FATHER WAS AWARDED JOINT LEGAL DECISION MAKING https://www.simonlawgroupaz.com/father-was-awarded-joint-legal-decision-making/?utm_source=rss&utm_medium=rss&utm_campaign=father-was-awarded-joint-legal-decision-making Tue, 22 Nov 2016 21:39:10 +0000 http://www.simonlawgroupaz.com/?p=5259 ]]> [email protected] or (480)745-2450 for a no fee consultation to determine what is best for you.]]>

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FATHER AWARDED ATTORNEY'S FEES AND JOINT LEGAL DECISION MAKING https://www.simonlawgroupaz.com/father-awarded-attorneys-fees-and-joint-legal-decision-making/?utm_source=rss&utm_medium=rss&utm_campaign=father-awarded-attorneys-fees-and-joint-legal-decision-making Wed, 09 Nov 2016 22:31:37 +0000 http://www.simonlawgroupaz.com/?p=5252 ]]> ]]> MOTHER WAS AWARDED SOLE LEGAL DECISION MAKING https://www.simonlawgroupaz.com/mother-was-awarded-sole-legal-decision-making/?utm_source=rss&utm_medium=rss&utm_campaign=mother-was-awarded-sole-legal-decision-making Thu, 22 Sep 2016 21:55:41 +0000 http://www.simonlawgroupaz.com/?p=5260 ]]> ]]> MOTHER AWARDED ATTORNEY'S FEES https://www.simonlawgroupaz.com/mother-awarded-attorneys-fees/?utm_source=rss&utm_medium=rss&utm_campaign=mother-awarded-attorneys-fees Wed, 10 Aug 2016 15:45:57 +0000 http://www.simonlawgroupaz.com/?p=5203 ]]> ]]> A RECENT ARIZONA PATERNITY ACTION SUCCESS https://www.simonlawgroupaz.com/a-recent-arizona-paternity-action-success/?utm_source=rss&utm_medium=rss&utm_campaign=a-recent-arizona-paternity-action-success Tue, 26 Jul 2016 17:00:08 +0000 http://www.simonlawgroupaz.com/?p=5200 ]]> ]]> MOTHER AWARDED SOLE LEGAL DECISION MAKING https://www.simonlawgroupaz.com/mother-awarded-sole-legal-decision-making/?utm_source=rss&utm_medium=rss&utm_campaign=mother-awarded-sole-legal-decision-making Thu, 16 Jun 2016 15:41:58 +0000 http://www.simonlawgroupaz.com/?p=5202 ]]> ]]> A RECENT ARIZONA FAMILY LAW SUCCESS https://www.simonlawgroupaz.com/a-recent-arizona-family-law-success/?utm_source=rss&utm_medium=rss&utm_campaign=a-recent-arizona-family-law-success Wed, 18 May 2016 17:22:23 +0000 http://www.simonlawgroupaz.com/?p=5170 ]]> ]]>