Legal Actions

In order to make your spouse accept the initial petition for dissolution, you may consider the use of a process server in order to dispense with the need for their signature. If the divorce is uncontested but your spouse for some reason refuses to sign the final settlement order, you will have to present an affidavit to the court to prove that the divorce papers were served. You will also need to provide proof that your spouse did not respond to the petition in the number of days that they had to respond. The divorce will then have to be adjudicated by a judge in order to dispense with their need for a signature. 

Things are slightly more complex if you entered a covenant marriage in Arizona. Dissolving a covenant marriage is by statute more restrictive than the dissolution of a traditional marriage. If the spouse does not consent to a divorce, you’ll have to meet one of the statutory grounds for divorce for one to be granted. In most cases, barring other evidence (abuse, abandonment, adultery, etc.), this may require living apart from your spouse for a period of two years before an Arizona judge will grant the divorce without the signature or consent of your spouse. You should speak with an experienced attorney when deciding whether to obtain your divorce using this method if you are in a covenant marriage. 

Steps You Can Take

Along with legal remedies, there are some steps that you can take when your spouse won’t consent to the dissolution of marriage.

1. It’s important not to blame your spouse. Some people don’t readily acclimate to the idea that their marriage is ending and may react emotionally. It’s important that you remain calm, but firm if that is your choice, in order to get your spouse to come around. 
2. Give your spouse time to process. It may take your spouse some time to process that fact that you want a divorce. Be patient and willing to answer any questions if they ask. 
3. File your paperwork correctly the first time. A spouse may take advantage of the fact that your paperwork was improperly filed in order to further hold up the process. 
4. It’s vital that you attend and maintain your composure for all mediation sessions between you and your spouse. If your spouse sees that you are trying to work with them, they will be much less likely to resist the process. Talk about ways that this can benefit your spouse. 
5. Create a plan with your spouse for separation of possessions, partial custody, etc. Creating a plan that works for both you and your spouse will help them see that you have their best interest in mind. 

Before you make any decisions regarding divorce, an experienced divorce attorney can help you navigate this difficult and emotional experience, tailoring to your specific needs. Simon Law Group has attorneys with more than 30 years of experience who can help you come out of the other side of your divorce experience. Contact our attorneys today for a consultation.

What is a Divorce?

A divorce is the most common means of dissolving a marital union, and the only option that will apply to the vast majority of couple. Arizona is a “no-fault” divorce state, meaning the spouse taking the action doesn’t have to prove that the other spouse has broken the marriage. The divorce can happen even if only one spouse desires a divorce. 

In 1988 the legislature established another type of marriage, a covenant marriage. The couple comes into a covenant that they will not divorce. This results in higher standards if a spouse within a covenant marriage desires a divorce. Some grounds for fault include but are not limited to:

• Abuse in the marriage

• One spouse has abandoned the marriage and/or the children involved

• A spouse has been convicted of a felony

• Adultery in the marriage

Unless one is in a covenant marriage, where the grounds for divorce are limited, Arizona does allow for divorce without either party admitting to fault in the breakdown of the marriage. 

The parties can legally remarry as soon as the divorce judgment is rendered by a superior court, though they must present their divorce decree to prove their eligibility to remarry. 

What is an Annulment? 

Annulment on the other hand declares that a bona fide marriage never existed in the first place, generally due to some impediment at the time of marriage that would have prevented it from happening on a legal or interpersonal ground. An annulment voids the marriage from the moment it was contracted. Some of the examples of grounds for annulment in Arizona include: 

• One or both parties were already married to someone else

• The parties are related by blood to a degree prohibited by law

• One person was a minor and did not get parental consent at the time of the marriage

• Lack of mental capacity to contract a marriage

• Intoxication at the time of marriage

• Lack of intent to enter a marriage contract

• Failure to obtain a marriage license

• Marriage by proxy

• One party used fraud to get the other’s consent to marry

• Marriage under duress (forced marriage)

• The parties have not consummated their marriage, or one party refuses to do so

• Religious misrepresentation

• Concealment of prior marital statuses

• Plans to evade a prenuptial agreement on the part of one or both parties

Is Filing for an Annulment the same as Divorce? 

Assuming the couple has no children and is not in a covenant marriage, the process for filing for an annulment in Arizona is much the same as it is for filing for an at-fault divorce. The parties must file the appropriate forms with the superior court, check off one or more grounds for an annulment, and provide sufficient evidence to support their claims. 

Once all the appropriate paperwork and fees are filed with the court, a judge will decide as to whether a valid marriage exists, and if an annulment should be granted. 

Before filing for an annulment or a divorce, consult with an attorney here at Simon Law Group so they can help you with making these important decisions. Contact us today for a free consult!

Is It Community Property or Separate Property?

The first thing to do will be to determine whether your small business would be considered community property or separate property under Arizona’s marital property laws. For assets and debts, Arizona considers anything that was acquired during the marriage as community property, with the exception of any gift to one spouse that hasn’t been added to the marital property. Therefore, any business started during the course of the marriage would be considered community property.

If you started your business before the marriage, on the other hand, it would be separate property, as long as the marriage didn’t contribute to it in any way. Any contributions to the business would mean that you’d have to determine how much your business grew in value during the marriage, and that portion would be considered community property. For instance, if your business made use of the joint accounts in any fashion, or if your spouse could argue that their contributions enabled you to build your business, then at least part of your business would be considered community property.

How to Value Your Small Business

If your business is determined to be community property, in part or in full, you’ll need to figure out a fair value for the business. Often this is determined by analyzing the business’s earning potential, now and in the future. If you started your business, you will also need to look at the business’s earning potential or value when you first married, compared to now. Consult with your lawyer regarding valuing a small business for division during a divorce. It might be worthwhile to have an expert place a value on the business.

Options for Dividing the Business

Dividing a business during a divorce can be a delicate process. In Arizona, community property laws dictate that everything should be divided in half between both parties, which can create strain on both parties during and after the divorce, if the division of the business forces shared interests and continued contact with one another. In many cases, Arizona courts prefer to either divide the community property so that one spouse takes the business and the other is compensated with a greater share of other property. Another option is to sell the business and split the profits between the spouses accordingly..

Avoiding Double Dipping

Double dipping happens when one spouse gets paid twice in the course of dividing the business. For instance, if one spouse is paid half of the business’s value based on potential income, and also receives child support and spousal maintenance each month based on the same income figures, that spouse is getting paid twice on the same math. Both parties will need to work together in mediation to find a solution that is acceptable to both sides, or go to court and let the judge decide what is fair.

The Role of Legal Representation

With Arizona’s community property laws, divorce can be tricky when you’re trying to divide a small business. In these cases, it’s more important than ever to have an experienced divorce attorney to represent your best interests. For more information about how your small business could complicate your divorce, contact the Simon Law Group today.

1: Consult with a lawyer.

Make sure you talk to at least one family law attorney before filing for divorce. In your consultation, the lawyer will ask about things like finances, children, and other issues that could complicate the divorce or possibly even endanger you and the kids. Even if you don’t hire the first lawyer you talk to, you should leave their office with a clearer path forward.

2: Gather financial documents. The division of marital assets will be one of the most central issues in the divorce, so it’s a good idea to know ahead of time what to expect. Gather financial statements from all of your marital accounts, including checking, savings, retirement, and debt. Assembling this information before you file is a good idea as it makes it harder for your spouse to seek revenge or hide money.

3: Open your own accounts. Once you announce your intention to divorce, your spouse may use marital assets in an attempt to control the situation, including but not limited to draining joint bank accounts and maxing out joint credit cards. Opening your own checking, savings, and credit card accounts now will help to secure your financial stability during the divorce proceedings.

4: Pay down shared debt. If you have the ability to pay down shared debt and close accounts before filing for divorce, it’s a good idea to do so. Closing accounts will help to prevent a spouse from running up the debt out of retribution once you file.

5: Freeze your credit. It’s also a good idea to freeze your credit before filing for divorce. Once you’ve opened your own credit card and bank accounts in just your name, you can freeze your credit by calling all three credit reporting agencies. Once frozen, no one will be able to get credit in your name unless you call first to lift the hold.

6: Clean up your social media accounts. Once you’ve done your due diligence to protect your finances during the divorce, protect your future by making sure your social media accounts don’t have anything on them that could be used against you. This is especially true if you have children with your spouse, and anticipate a custody battle.

7: Wait until you’re ready to announce the divorce. Even if it feels a bit like pretending, it’s important not to voice your plans to file for divorce until you’re ready. A spouse may react completely differently than you expect once you announce your intentions to divorce them, so make sure you’ve taken all the necessary steps to protect yourself.

8: Request temporary orders. Once you file for divorce, you’ll be in a kind of limbo, where you and your spouse no longer completely share assets, but are not yet really separate households, either. Don’t be afraid to request temporary orders to help you through this time. This may include temporary spousal maintenance, called pendente lite, as well as child support and a temporary parenting schedule.

Filing for divorce can be an intimidating step, but having an experienced family law attorney on your side can help reassure you. To schedule a free consultation, contact the Simon Law Group today, and we’ll help you be as ready as possible when it’s time to file.

What If You’re Not the Child’s Custodial Parent?

Despite Arizona’s attempts to simplify matters of custody, there are times when non-custodial parents or even other adults find themselves in a position of needing the court to intervene and ensure they can continue to spend time with the child. Are you wondering if you can get court-ordered child visitation in your unique circumstances? Here are a few types of people who can, in the right circumstances, get court-ordered visitation in Arizona.

Non-Custodial Parents

Although the state of Arizona has a policy of trying to share custody as equally as possible between both parents, it’s not always possible. For parents who aren’t granted an equal share of decision-making rights and parenting time, it may be possible to get the courts to allow visitation with your child. Depending on the situation, you may or may not have to submit to supervised visitation, at least temporarily.

Grandparents

Sometimes grandparents may be able to successfully pursue court-ordered visitation with their grandchild. In Arizona, the family court allows you to purse child visitation with your grandchild if one of the parents is deceased or missing, if the parents weren’t married when the child was born, if a divorce is pending, or if the parents have been divorced at least three months. The court will also look at the grandparent’s past relationship with the child, why the grandparent is pursuing visitation, and why the parent is opposed to it.

Step-Parent

A non-biological parent can sometimes be awarded third-parent visitation in the state of Arizona. Typically the step-parent will have to demonstrate that they fulfilled the role of a parent in the child’s life, by showing the history of their relationship with the child. Since Arizona makes child custody and visitation decisions based on what’s in the best interest of the child, if a step-parent can show that cutting them out of the child’s life abruptly would be harmful to the child, the judge may allow for third-parent visitation to maintain that relationship.

How to Pursue Child Visitation

If you fall into one of these categories, you may be awarded child visitation if you present your case before Arizona’s family courts. These cases are a little less cut-and-dried than the standard child custody case, however, as you’ll need to be able to make a strong case demonstrating your relationship with the child and proving that a continued relationship is in the child’s best interests.

With such a challenging case to make, it’s important to have a family law attorney who is knowledgeable about pursuing visitation in atypical situations. Once you have an experienced lawyer assisting you, they will help you build your case in a way that will get the judge’s attention. For more information about child visitation or to determine if you have a viable case, contact the Simon Law Group today and schedule a free consultation.

Get Medical Attention

It’s important to have the bite examined as soon as possible, even if it means a trip to urgent care. Be sure to follow all care instructions and schedule any recommended follow-up visits to keep tabs on the bite as it heals. Keep in mind that bites in sensitive areas, such as the face, may require plastic surgery to reduce scarring and restore your former appearance.

Don’t Post on Social Media

While it may seem tempting to talk about your ordeal on social media, it’s best not to post about it. It’s especially important not to go to social media looking for advice. Social media posts can be used against you if you later decide to pursue legal action. The best way to ensure you don’t post the wrong thing is to not post anything about it at all.

Consult With an Attorney as Soon as Possible

The best person to answer your questions isn’t a friend on social media, but a seasoned dog bite attorney. Consultations are generally free, so discreetly ask around for attorney recommendations, and schedule an appointment as soon as you’re able to. It’s imperative for your case that you get legal advice as early as possible.

Collect Proof of the Incident

As soon as you can, start gathering proof of the incident. This may include video footage, photographs, and even witnesses who can corroborate your story of how you were bitten. If you were on the dog owner’s private property, it’s also important to show that you were visiting on their invitation, and not trespassing.

Keep All Medical Records

Depending on the severity of the dog bite, you may have numerous medical expenses piling up. Be sure to keep all medical records, bills, and receipts pertaining to the bite in a separate file. It’ll be important to keep the records in order to track the financial burden of the bite. Your attorney will want to see the file when you meet with them for the first time, and will help you build a strong case to show to the judge if you have to go to court.

Assemble Any Other Evidence

Medical expenses may not be the extent of the financial burden you suffer due to a bite. Missed work due to recovery time and doctor’s appointments also represents a financial burden, as it results in lost wages. Severe injuries can mean lost income over the long term as well, especially if they result in a temporary or permanent disability, a lost job, or an impacted career. Collect documentation of any and all ways the bite has impacted your finances.

Don’t Wait!

Most important of all, don’t hesitate to act after you’ve been bitten. Under Arizona law, you have only a year to bring a a case to court under the dog bite statute, and two years under the less-favorable negligence statute.

Ready to take action on your dog bite? With an experienced attorney’s guidance, the medical bills and legal proceedings will seem less overwhelming. Schedule a consultation with the Simon Law Group today and let us help you with your case.

How long do you have to seek damages in an accident?

Arizona state law gives you two years from the date of the accident, or two years from the date of a loved one’s death caused by the accident, to bring your case before the court. Two years gives you time to assess your injuries and your losses, which are not always immediately obvious, and also to build your case. Don’t wait too long, though, as it can take time to prepare a case and bring it before the court. It’s important to move quickly in the first few months after your accident.

How is fault determined?

The first thing that the court will look at if you are seeking damages in a motorcycle accident is whether you were at fault. For instance, if you were doing something that is prohibited by law, such as lane splitting (driving your motorcycle between the lanes to pass traffic in either lane), you may have a difficult time proving the other driver was at fault. On the other hand, if the other driver is even partly at fault, you may be able to ask for at least some portion of your medical bills and other losses.

What does it mean that Arizona is a comparative fault state?

When it comes to accident lawsuits, Arizona is a comparative fault state, which essentially means that the courts can find more than one party’s actions to be responsible for an accident. So if you were doing something that helped to cause the accident, the court may find you to be partly at fault.

If the court determines that the accident was 70 percent the other party’s fault, for example, they’ll look at your total damages and award you 70 percent of that amount. For this reason, it is imperative that you consider all damages when going to court, and not just your immediate medical bills.

How are damages assessed in a motorcycle accident?

Aside from the most obvious damages, the damage to your motorcycle and the cost of medical bills resulting from the accident, there are a number of other damages that you, your attorney, and the court may consider in your case. For instance, your damages will include any time off you had to take from work due to the accident, and any ongoing or expected lost wages. However, you will also be able to ask for the cost of therapy, emotional damages, and pain and suffering. If you lost a loved one in a motorcycle accident, your damages might include not just the loss of their income in your household, but also what’s called “loss of consortium.”

The Importance of a Good Accident Attorney

If you’ve been in a motorcycle accident, the first step is to find a lawyer. A good accident attorney will help you build your case, help you determine what damages to ask for, and navigate the legal system for you. For more information or to schedule a free consultation of your case, contact the Simon Law Group today.

What Is the Purpose?

In Arizona, the state differentiates between child support and alimony. Child support is intended to provide for the child’s needs. Child support is based off of the parents’ incomes, as the goal is to continue to support the child at the quality of life enjoyed before the divorce, regardless of the difference in their incomes.

Alimony or spousal maintenance, on the other hand, is generally considered more temporary than child support. The goal is to help support the dependent spouse as you adjust to life post divorce, particularly if you have given up a career to benefit the family or your former spouse’s career.

How Is Each Calculated?

There is a big difference in the methods used to calculate alimony vs child support. Child support is calculated using strict guidelines set forth in Arizona law. The combined monthly income of both parents is calculated and used to approximate how much was likely spent on the child each month, and then the court will adjust for differences in the parents’ individual income and each parent’s time with the child.

Alimony is a little more difficult to calculate, as the courts don’t have the strict guidelines that they do with child support. Therefore spousal maintenance is a little more subjective. However, if you can demonstrate that you don’t have the ability to support yourself at the same quality of living that you were accustomed to during the marriage, and especially if this is because you gave up career opportunities to benefit the marriage, you should be able to request enough alimony to support your accustomed lifestyle while you get back on your feet financially.

How Long Does It Last?

The duration of alimony vs child support is another big difference between the two. The duration of each is dictated largely by its purpose. With child support, the purpose is to ensure the child is taken care of while they’re still a dependent, so the support continues until a child turns 18 or graduates from high school, whichever comes second.

If you qualify for spousal maintenance, on the other hand, the duration of the support you receive will typically be determined by how long you were married. In general, alimony will only continue for between 30 to 50 percent of the duration of the marriage. The longer the marriage, in other words, the longer the duration of support, and most likely also the stronger the claim for support, especially in long marriages where the dependent spouse worked as a stay at home parent.

The Importance of a Good Family Law Attorney

Whether you are seeking child support, alimony, or both, it’s important to have a strong attorney at your side to help you fight for everything you need to take care of yourself and your children. Child support is more formulaic but many of the details of child custody and parenting time are not. Spousal maintenance is much more subjective, and may end up being heavily determined by the judge’s opinions and the strength of the case your lawyer makes.

For more information about the different kinds of support available to you, or to schedule a consultation for your case, contact the Simon Law Group today.

What can I do if my child is struggling in school?

It can be difficult as a parent to see your child struggling in school, but as a co-parent, it’s important to involve your child’s other parent in these important decisions. A child who is struggling in school may just need extra help, or they may need a behavioral assessment and intervention. Talk to your child’s teachers about the situation to gain a clear understanding of what is needed. If it’s possible, try to schedule a meeting with the teachers that includes your co-parent, so that they can hear the information firsthand. Alternatively, you could ask the teachers to meet with your co-parent separately to fill them in.

Once you have the information about your child’s situation, you will need to consult your parenting agreement for further guidance on how to make a decision.

Who decides on getting our child extra help?

If it is determined that your child would benefit from extra help such as tutoring, this is a decision that you will need to make with your co-parent, especially if the extra help is likely to incur additional education costs the two of you would be expected to share. Consult your parenting agreement and any other court documents to determine how to make this decision. If you have sole custody, you may still be required to discuss the situation with your co-parent before you make a decision. In shared custody situations, sometimes one parent is given “final say” in case the two of you cannot come to a decision. Otherwise, if you have shared decision-making rights, you will need to both agree on all decisions regarding your child’s education.

What if my child’s teacher or doctor recommends a behavioral assessment?

If your child’s behavior or performance in school indicates that they may need to be assessed by a medical professional, it’s extremely important to involve your co-parent in this process. If you have sole custody or shared decision-making rights with “final say,” you might not need their approval. However, in many shared custody situations in Arizona, both parents must be in agreement on any physical or mental health decisions they make for their child. Furthermore, involving your co-parent in the decision-making process helps to ensure your child’s needs are met even when they’re not with you, which can be important if you have an equal division of parenting time.

When do I need to involve a lawyer?

If a court custody battle is in your future, it’s important to get a good family law attorney involved as soon as possible, to ensure a good outcome in the case. If you already have a custody order and a parenting agreement, and your co-parent is not following the court orders or is resisting getting help your child needs, you may have to take your case to court. Contact the Simon Law Group today for a free consultation to help you decide on next steps.

Sole Decision-Making

Sometimes you may have shared parenting time, but one parent may have sole custody. The parenting plan will dictate whether the decision-making parent still needs to discuss big decisions like school choice with the other parent, but ultimately, if you have legal decision-making rights, it’s your choice where your child goes to school.

Joint Decision-Making with Final Say

Sometimes in Arizona parents will be given joint decision-making rights, but one parent will have the final say, like a tie-breaker vote if both parents cannot agree. If you have final say in education decisions, you will still probably need to discuss it with your co-parent first. To avoid the possibility of going back to court, you should still make a good faith effort to come to a shared decision. If you are unable to come to a mutual agreement, however, you can use your final say to make the decision.

Shared Decision Making

Shared legal decision-making is the more common scenario, and the one most likely to cause conflict, since both parents have to come to an agreement. If the child is already enrolled in school, this may be an easy decision, but if one parent moves away from the neighborhood or if the child is struggling due to the current school environment, school choice may become a more heated debate between the parents.

What Happens If You Can’t Agree?

If you and your co-parent have shared decision making and you can’t come to a mutual decision, the next step is mediation. Mediation is not the same as taking your case to court, and may help you avoid a court battle by allowing a neutral third party help you find a compromise. If you are still unable to come to an agreement, Arizona family court can make a decision or assign a parent final say in the decision.

When Should You Get a Lawyer?

If you and your co-parent are having a difficult time coming to an agreement about school choice, it might be time to consult a family law attorney for help moving forward. Getting an attorney doesn’t necessarily mean you’re going to court. An experienced child custody attorney will help you navigate each step of the process until you’re able to come to a decision. For more information or to schedule a consultation, contact the Simon Law Group today.