how to survive a custody battle

How to Survive a Custody Battle

If you’re involved in a custody case that’s ugly or about to get ugly, it’s one of the most challenging things you will ever face. You will get through this though! Keep these tips in mind to keep your sanity.

  • Keep your kids out of it. As hard as it is to keep them uninvolved, it’s important. Hearing parents say negative things about each other is only going to hurt your child.
  • Keep a journal. A journal will help you not only track when parenting time is being exercised by you and your ex, but it also allows you to detail your involvement in your child’s life. This could be useful at your trial.
  • Find a way to blow off steam. You need an outlet for your emotions because there are going to be days when you’re going to feel very frustrated. Plan regular exercise, time with friends, and fun things to keep your head together through the tough times.
  • Try to find a settlement. Because custody trials are painful, work with your attorney or mediator to try to find a solution before you have to go to a trial.
  • Limit contact with your ex. Keep it all business – transferring your child and handling finances. Try to avoid confrontations and outbursts. They aren’t going to help since your situation is being decided in the legal arena, not in any blow up you might have with each other.
  • Stick to your temporary orders. Even if you think your temporary custody order is unfair, stick to it to show the judge you are reliable and law-abiding.
  • Don’t listen to well-meaning advice. Only you and your attorney know all the facts about your case. Friends and family may try to tell you what to do, but ultimately the case needs to be decided according to the law.

The Sampair Group is your choice for family law cases in Maricopa County. Call us for an appointment with one of our knowledgeable attorneys now.

5 ways to get over your divorce

5 Ways to Get Over Your Divorce

It takes time to recover from a divorce. Even though the legal papers may be signed and finalized, it may take longer for you to feel as though you’ve really worked through all of the emotions involved in the divorce. Here are some ways to help you move forward.

  1. Write a letter to your ex. Detail every single thing he or she did wrong. Spill out all the blame and pent up emotions. Rant, rave, and say everything you’ve held inside all these months. Then delete it. DO NOT SEND IT. Pouring out all of these feelings and giving them words will help you process how you feel and move past it. There is nothing to be gained by giving the letter to your ex and in fact doing so would probably make things worse.
  2. Forgive yourself. Deep inside you might be blaming yourself for the end of your marriage, or for actions you took during the divorce. It’s over and it’s time to grant yourself immunity. You did the best you could at the time and you’re moving on.
  3. Make a list of the ways in which your ex was wrong for you. Seeing this list will help you process that the divorce was necessary. It will also help you think about what you really need in a relationship and a partner.
  4. Change your environment. Change up your living space so that it is at least slightly different from the way it was when you were married or while you were going through the divorce. Use this as a signal for a new era in your life.
  5. Smile. Make yourself smile. Studies show that the actual act of smiling makes you feel happier.

When you need a law firm to help you with a divorce or post-decree modifications, the Sampair Group can help. Our attorneys serve the Mesa, Phoenix, and Glendale areas of Arizona. Call us now so we can help you.

How Divorce Impacts Your Taxes

How Divorce Impacts Your Taxes

Going through a divorce is one of life’s most unpleasant experiences, even in the friendliest of cases. Dividing one house into two takes emotional and financial strength. Because it is important to land on your own financial feet after your divorce case ends, knowing how your finances are impacted is one of the most critical aspects of most cases. Issues from alimony, child support, and taxes are just a few of the significant issues to consider when finalizing financial settlement in your divorce.

Knowledgeable family law attorneys will help you reach resolution on support issues within your case, and that could include how your income taxes might change. The IRS website contains helpful information in this regard, and provides some useful tips:

  • When reporting income you are required to report income from all sources, whether alimony counts as income is something your family law attorney will help you learn.
  • Child support is not considered income.
  • Your filing status plays a role in whether support payments are defined as income.

When divorce is initiated prior to an income tax return being filed, a determination as to whether the couple should still file together or separately must be made. The potential tax liability is an important factor in making this decision. Your family law attorney can give you the information needed to make an informed choice about your filing status.

If you have questions about divorce and taxes, consult a qualified legal professional. Let us put our experience to work for you. Call the Sampair Group in Phoenix and the West Valley today to schedule your appointment.

why you may not want to keep the home

Why You Might Not Want to Keep the Home

The marital home may feel hugely important to you. Not only is it the place you’ve chosen to live, the nest you’ve feathered, and the repository of all your perfectly positioned stuff, it may also be your children’s home. Giving all that up and turning your world (and possibly your children’s world) upside down may seem like the very last thing you want to do. Many couples fight over who should get the home, but instead of fighting for it, maybe you should consider letting go of it.

While there are so many reasons to keep the marital home yourself, there are also many reasons why keeping the home may in fact end up being a bad idea.

  • Financially: While you are married there is X amount of money coming in as income for the family. This pays for all of the expenses. When you divorce the amount of money coming remains the same, but it now has to pay for two households. If you maintain the previous expenses then add on the costs of your ex having a separate residence, there simply may not be enough money to cover both, no matter how you juggle spousal maintenance and child support. Keeping the home may end up with you taking out even more debt to maintain it. And if you can’t keep up with the debt, you will damage your credit report and could potentially lose the home.
  • Emotionally: Remaining in the same home where you were married can create a huge emotional burden on you and on your children. There are a lot of memories in that house and nothing is ever going to be the same again. Sometimes a fresh start is a good thing for everyone.

When you need advice you can trust, contact the Sampair Group in Phoenix, Paradise Valley, Scottsdale and the West Valley today to schedule your appointment. Our attorneys will give your case careful consideration.

3 steps to coming up with a workable visitation schedule

Three Steps To Coming Up With A Workable Visitation Schedule

As every parent knows, you can’t split a child in half. This means when a couple divorces, a workable child custody and parenting time schedule must be put in place. Gone are the days where mothers were granted sole custody with fathers being given visitation every other weekend, a few holidays, and a couple of weeks during the summer break from school. In today’s world, parents are sharing time equally with their children and participating in co-parenting activities at an increasing rate.

The Arizona statutes set forth the rules and procedures that are used in every divorce case. There are provisions regarding property distribution, powers of the Court, and all things relating to your kids. The laws are long and complex, but a quick three steps to coming up with a custody and visitation schedule that works includes:

  • Considering the preference of the child. This is appropriate when dealing with older, more mature children.
  • Taking a look at the ability of the custodial parent to provide for the financial needs of the kids.
  • Accounting for any special needs of the children, whether physically or emotionally.

In some cases both parents are equally qualified to provide care for the kids so the Court might enter an order of joint custody. Doing so will eliminate the need for payment of child support, since both parents are giving equal time to the children. When joint custody is not a possibility, liberal visitation is typically granted. When the parties work together to make decisions regarding important issues for their kids’ welfare the result is a happier, healthier child and a more harmonious living environment for everyone.

If you have questions about child custody and visitation, consult a qualified legal professional. Let us put our experience to work for you. Call The Sampair Group in Phoenix, Scottsdale, Paradise Valley and the West Valley today to schedule your appointment.

top 3 reasons you should consider co-parenting

The Top Three Reasons You Should Consider Co-Parenting

When a couple with kids gets divorced, the focus should be on what is best for the children. Most kids benefit from having both parents play an active role in their lives, and this can be difficult when the parents are no longer married. But, there are things that can be done to make sure mom and dad are both important parts of their kids’ lives, even if they are not still husband and wife. Regardless of the custody and visitation arrangement, a good co-parenting plan can help make sure your children’s needs are being met.

The top three reasons you should consider co-parenting after your divorce include:

  • Kids feel more emotionally secure when both parents take part in their lives.
  • When parents work together for the benefit of their children, fewer conflicts arise.
  • Co-parenting increases the likelihood that both parents will remain an active participant in their children’s lives.

From the time your kids are born, it is important to establish a routine. We all know babies thrive when they are on a schedule, and it also helps the parents when making plans. The need for consistency does not change just because parents get divorced. We all like to know what to expect, and kids are no exception. Successful co-parenting also gives kids the chance to see their parents working together despite their differences. This can give children a role model, and sets a good example for your kids to follow. If you have questions about how to develop a co-parenting plan that works for your family, call our office.

For more information about how to co-parent, consult a qualified legal professional. Let us put our experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your appointment.

 

 

are there benefits to a legal separation

Are There Benefits To A Legal Separation?

When some couples believe their marriage has reached its end, a last ditch effort to salvage the relationship may be made. In some cases, the parties prefer to begin the dissolution process by legally separating before taking the plunge and getting divorced. A separation can give the parties perspective, and often times will help a couple come to a decision about their marriage that is acceptable.

Some things to know about legal separations include:

  • If both parties are not agreeable to the separation, the Court may designate the case as a divorce.
  • If you have not yet met the residency requirements for a divorce in Arizona, you may opt for a separation until the requirements are met.
  • The grounds for a separation are the same as those for obtaining a divorce.

When seeking a separation, many of the same issues as in divorce must be considered. This means you have to seek court determination as to where your kids will live, when visitation will take place, and how assets are divided. Keep in mind that at any time during the separation, one or both of the parties may change their mind about their circumstances. If a change of heart takes place, the parties can reconcile and work on their marriage. However, if it is clear the legitimate aims of marriage can no longer be met; the request for a legal separation can be changed to a request for dissolution. Taking the step to separate before divorcing is helpful for many couples, because it gives the parties a taste of what it is like to no longer be together. For others, separation simply prolongs the process. We will work with you to develop a plan that works for you.

For answers to your questions about separation, consult a qualified legal professional. Let us put our experience to work for you. Call The Sampair Group in Phoenix and the West Valley today.

 

 

how to respond to a divorce petition

How To Respond To A Divorce Petition

When you are served with a divorce petition you are required to file a response within a certain amount of time. You will want to be sure and file your response timely, but also accurately. You are also permitted to include a countersuit within your response, and should do so if your spouse has asked for things with which you do not agree. We help by listening to your needs and making sure the response is all inclusive of those needs.

Perhaps the most important issue to consider when responding to a divorce petition is the issue of whether there are children. Your response will be much different if you do not have children versus if you do. For example, a divorce with kids should include the following:

  • A request for child support.
  • A proposal for child custody.
  • A request for certain visitation rights.

Failing to respond to a divorce petition is not an option. Doing so will mean that your spouse is awarded the things asked for in the petition. This can leave you responsible for debt, without adequate visitation with your kids, and subject to a property split that is unfair. Make sure your rights are protected and the best interests of your kids are covered by calling a family law attorney today. We have helped people with all different needs and can help you too.

For more information about how to respond to a divorce petition, call us today. Let us put our experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your appointment.

what is a gray divorce

What Is A Gray Divorce?

A key part of the wedding vows is the “until death do us part” line. Years ago it was more common for couples to make it to this point, but today there are more and more divorces by people over 50. These types of proceedings are referred to as “gray divorces” and in recent years the number of divorces in this age category has significantly increased.

The phenomenon is so common that it has doubled in the last 25 years! Gray Divorce cases require special attention, because the issues faced by this demographic are unique. For instance, the following situations are more likely to arise in a gray divorce than in other divorce cases:

  • Economic hardship is more likely.
  • Serious health problems arise more frequently for people in this age group and the stress and emotional toll of divorce can contribute to existing medical issues.
  • The likelihood that the divorcee will need to rely on an older child for support is more likely in a gray divorce, and this can put a significant strain on familial relationships.

Part of the increase in divorces over the age of 50 can be attributed to longer life spans now than in the past. Another contributing factor is the influx of women in the workplace. With more and more women completing higher education courses and obtaining the same degrees as men, women are more independent than they have historically been. There is no longer the need to rely on a husband for financial support and this gives many women the confidence to get out of an unhappy relationship. With a gray divorce it is less likely that issues regarding children will need to be resolved, as most kids of gray divorcees are themselves grown. However, other important issues must be decided and careful attention still given to those issues. We can help you through the process and get to solutions that meet your needs.

For more information about how divorce, call us today. Let us put our experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your appointment.

 

making a prenup less painful to discuss

Making A Prenuptial Agreement Less Painful To Discuss

A prenuptial agreement can come in handy if you decide to end your marriage. A well drafted premarital agreement can provide answers to the most difficult divorce questions, such as asset division and where the kids will live. When you already know how many of the critical issues of a divorce will be resolved, it can make the divorce process less stressful. But, broaching the subject with your soon to be spouse is the hard part. Most people are offended when asked to sign a prenuptial agreement, and feel as though their betrothed does not trust them. This does not always have to be the result; talking about a prenuptial can be easy and it can actually strengthen your marriage.

Some tips on how to discuss the idea of prenuptial with your mate, without making it a painful discussion, include:

  • Keep your cool, rather than taking a defensive stance.
  • If religion is the driving force behind your request for a prenuptial agreement, be sure and make that fact known.
  • Include a premarital agreement in discussions about estate planning, as a way to ensure a sound financial future for you and your spouse.
  • Seek an outside opinion or advice, perhaps from a counselor or during premarital therapy.

Once the topic of a premarital agreement has been brought up, subsequent discussions are easier. And, once the decision to enter a prenuptial agreement has been made, it is critical that each party retain independent legal counsel. Having your own attorney will help to make this delicate topic more palatable, and easier to swallow. If you have questions about what to include in a prenuptial agreement, and how to make sure it is valid, call our office. We can help.

For more information about prenuptial agreements, call us today. Let us put our experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your appointment.