Blog - The Sampair Group

Shocking Things That Increase The Rate of Divorce In Arizona

May 18, 2022/in Arizona Divorce Law /by The Sampair Group

Most people have heard the statistic that nearly half of all marriages today will ultimately end in a divorce. Obviously, a good bit of that increase is caused by the growing acceptance and social normalcy of divorce now as opposed to 50 years ago. But still, most couples who do get married want to have that happily ever after and believe they are marrying the person who is right for them. So what goes wrong? The following are a few odd and probably unexpected things that can contribute to a marriage ending in a divorce:

Having Parents Who Were Divorced

Unfortunately, statistics show that people who grew up with parents who divorced are more likely to have a marriage end in divorce as well.

A Child-Free Marriage

If the couple wishes to have a family of their own, the lack of children and the inability or unwillingness to adopt can be a cause for some divorces.

Having Children

On the flip side, sometimes children come into the family when the couple wished to be child free and this also causes stress that can lead to divorces.

Multiples/Lots of Children

Some families want a lot of children but many want only one or two and having many children or having triplets or multiples can put stress on the marriage.

Unexpected Pregnancy

An unplanned pregnancy can cause a great deal of marital stress in some cases and a divorce is the result when the new parents can’t adapt to the situation.

Health and Medical Issues

When the other partner or other family members get sick or deal with major health issues and concerns sometimes the marriage cannot survive intact.

Financial Concerns

Issues such as debt, spending habits, job pay, and the like can cause married couples to dissolve the ties and break up in order to avoid that financial stress.

Smoking and Drinking

Sometimes habits form over time or things one partner thought was temporary ends up being a lifelong issue – smoking and drinking being the most common.

Young Love

Falling in love when you are young can be a romantic dream come true but it can also mean less maturity to deal with issues that arise in the marriage.

No Religious Standing

While religion is not required for a marriage to be successful, couples with no source of guidance in this area do tend to see higher divorce rates.

Inner Circle Divorce Rate

When family members or friends you are close to are having or talking of divorce, it may be more likely that the consideration crosses your mind.

If you have questions about the process of getting a divorce in the area and need legal advice and guidance, then you need to contact the legal pros at Sampair Group today!

How to Help Your Children Adapt to Two Homes

April 15, 2022/in Arizona Divorce Law /by The Sampair Group

Divorce isn’t a choice most couples think about on their wedding day, yet it still affects nearly half of all married couples. Yet the legal remedy for the end of a marriage can be necessary for the health and happiness of all parties involved. Divorce without children can be a more simple and expedient process, but the inclusion of children must be tended to carefully, particularly with how they acclimate following the separation.

To better prepare for life after divorce and to account for the comfort of your children, consider some of the following concepts encouraged by The Sampair Group.

Host Family Meetings

The easiest way to make your children comfortable in both homes is by allowing them the opportunity to air their concerns. Family meetings can be a great (and informal!) way to touch base with how everyone in the family is feeling. Get together for breakfast or share a lunch where your kids can talk about what they do and don’t like about their living situation.

Personal Space in Both Homes

Even though your child will be moving back and forth between homes, they should still have somewhere permanent and personal to them. Depending on how large your home is as well as the rooms available, try and give your children a bedroom in both houses. A special place where they can go to feel comfortable can go a long way toward helping them adapt, no matter their age. Let your kids decorate these areas to their heart’s content, so that they can feel like they own part of the space.

Respect Your Partner

Divorce is a difficult subject to tackle in the best of situations, but don’t let that create toxicity between you and your children. Show respect to your partner by honoring their wishes and working with them wherever appropriate and agreed upon. Your children will get comfortable with the multi-home process much quicker when they see their parental figures behaving maturely and sticking to a schedule.

Keep the Necessities Available

Home doesn’t feel like home when you don’t have basic life necessities on hand. Make sure that your child always has their basic needs accounted for, no matter where they are staying. Toothbrushes, school supplies, bathing supplies, and clothing should always be within reach. Keep extra personal items around so that they can feel more comfortable within their spaces as well.

Navigate Divorce With The Sampair Group

The Sampair Group is proud to serve as Arizona’s top team of divorce and family law attorneys. Specializing in aggressive and affordable legal representation, The Samapir Group understands that each client has their own unique needs.

Contact the Sampair Group today to schedule a consultation.

Gaslighting in Relationships: Warning Signs and Finding Help

March 29, 2022/in Phoenix divorce attorney /by The Sampair Group

Have you been conditioned to question the world around you as well as your own judgment? Has your significant other led you to feel like you are losing your grip on reality because their words do not match their actions?

Gaslighting is a serious form of manipulation and one that is only now gaining the attention that it deserves.

Let’s take a closer look at gaslighting in order to understand what it is, how to identify the signs, and how we can overcome this toxicity when leaving an abusive relationship.

What Is Gaslighting?

Gaslighting has been an incredibly important term in the recent zeitgeist. Known as a form of manipulation primarily found in abusive relationships, gaslighting involves the covert use of emotional abuse to mislead others into questioning their own judgment and that of the world around them. Gaslighting is an incredibly serious topic and victims of this manipulation are often left wondering if they are ultimately losing their grasp on reality.

While ostensibly more common in romantic relationships, gaslighting is an abusive tactic found between friends, coworkers, and even family members.

Primary Signs of Gaslighting

Gaslighting can be presented in a number of ways, depending on the individual and application. The throughline of all attempts at gaslighting, however, is the same: to make an individual question their overall perception of reality. Gaslighting can lead you to second-guess yourself as well as your memories.

Here are a few ways gaslighting may manifest.

Constant Lies – Gaslighting is often done through chronic and habitual lying. The offender will never back down from their lie nor will they change their story, resorting to statements like, “You’re making that up, it never even happened.”
Avoiding Your Thoughts / Feelings – In order for a gaslighter to control and exert power over their victim, they must trivialize their victim’s emotions. Gaslighters often say things like “Stop being sensitive” or “Stop overreacting.”
Forcing Constant Apologies – Does everything is perpetually your fault in their eyes? If you feel alone, powerless, or are constantly being forced to apologize, you may be experiencing gaslighting.

Victims of gaslighting can feel weak, powerless, minimized, and ‘less-than’ they were before. Identifying these signs and finding help is an important step on the road to the future.

Find Help with the Sampair Group

Leaving a relationship can be among the most difficult of times for a victim of gaslighting. The Sampair Group focuses on handling the most simple and complex of family law matters on behalf of their clients throughout Maricopa County.

The Sampair Group offers free consultations with their high-conflict resolution attorneys. Schedule a consultation at your convenience!

What Can I Do If I Have Sole Legal Decision Making?

February 13, 2022/in Child Custody Law /by The Sampair Group

Going through the legal system while dealing with a split-family household can be difficult. One partner may want their child to have certain accommodations while another partner may disagree. Taking care of these important and personal decisions, particularly with regard to healthcare and education, can be difficult when you feel without help, but what happens if you have sole legal decision-making ability?

To better understand sole legal decision-making, we must understand what that phrase means within the context of the law.

Common Questions Regarding Sole Legal Decision-Making

Individuals who have received sole legal decision-making responsibilities regarding their child will wonder what they actually have the ability to do.

Some partners wonder if they can:

override holiday co-parenting schedules
select who can claim the child on their taxes
change the other partner’s parenting time

Can parents with legal decision-making actually do these things? That comes down to a matter of perspective. What is legal decision-making?

What IS Legal Decision-Making

There is a difference between making decisions as a parent and making a decision backed by the law as the parent of your child. Legal decision-making allows you to make decisions with regard to your child’s healthcare, education, personal care, and religious decisions. Specifically, you will have the power to approve medical procedures, apply to enroll in school, and decide whether your child is raised with a certain religious upbringing.

Legal decision-making has limits, even if they aren’t properly understood by the vast majority of parents.

What Legal Decision-Making Is NOT

Legal decision-making does not extend to any rights of ownership over the other parent regarding their time with or without the child. Legal decision-making does not grant authority to one parent to determine or otherwise schedule the parenting time of the other partner, this is something that is taken care of by the court.

When an agreement is not put in place by the parents, issues that would fall under child support or parenting time are to be determined by the legal system. Tax exemptions as well as out-of-state travel planning will also require a ruling from the court.

Be careful throwing your weight around as the legal decision-making authority. Abuse or misuse of this authority can lead to a possible modification to your agreement in the future.

Find Help From The Sampair Group

If you don’t know how to pursue legal decision-making or are otherwise uncomfortable with your present agreement, The Sampair Group can help. With locations nestled throughout The Valley, The Sampair Group brings professional expertise at unbeatable prices to the comfort of your legal case.

Learn more about your legal rights by scheduling a consultation at your earliest convenience.

image of person with student loans in divorce in Arizona

After A Divorce In Arizona, What Happens To My Student Loan?

January 27, 2022/in Arizona Divorce Law /by The Sampair Group

When going through a divorce in Arizona, student loans are a particular area of concern. These debts are typically owned by one person before marriage, so it’s often the one who took out the loans who is responsible for the debt following divorce. The situation becomes more complex when loans are taken out during marriage, and if you’re in this situation, reach out to us and we can help make things clear for you.

The law in Arizona dictates that it’s down to the discretion of judges what happens to student loans, meaning that judges divide the debts inconsistently. In making decisions, courts consider the following:

Debts acquired during marriage are presumed to be community property and are to be divided fairly. Fair division typically means dividing debts evenly, but a different outcome may be required to achieve fairness.
If any agreements were made between spouses during marriage about student loans, these will be considered.
If student loans were intended to benefit both parties, equal division of debt is presumed to be fair.
Student loans are typically considered community obligations if the money was used to pay living expenses for both parties while one was in education.
Bankruptcy does not relieve debtors from student loans.
All presumptions must be rebutted with evidence.

These cases can be difficult because usually one spouse – the one who took out the loan – benefits disproportionately from the education. Courts consider the individual circumstances of each case and make decisions inconsistently with regards to student loans. Sometimes the spouse who withdrew the loan is made liable, sometimes liability is split evenly and sometimes the split is unequal. The judge may decide to split debts evenly if the couple has benefitted from one spouse achieving a higher income after graduation.

If one spouse will benefit more than the other post-divorce, all of the debt may be assigned to them. Courts attempt to do what is fair in every instance, so while there is no one way that courts divide these debts, they always aim to do it equitably. As fairness is subjective, what each judge determines to be fair is different, but fairness is typically evaluated based on the aforementioned points. In terms of what this means for you, your divorce and your student loan, it means that there are risks for both you and your spouse, regardless of who drew out the loan.

If possible, attempt to come to an agreement with your spouse about who will assume responsibility for the student loan prior to going to court. This is, of course, difficult for some people, and you can view this useful resource to find advice on facilitating such a discussion. But, because both parties carry some risk going into court, it is in the interest of both parties to come to an agreement to minimize the risk for each party.

Divorce When Your Spouse is Unemployed

December 30, 2021/in Arizona Divorce Law /by The Sampair Group

The termination of a marriage can be a stressful experience and a lengthy process to endure. However, financial obstacles can also occur if one spouse lacks a stable income. If you’re the only working spouse, you could face a few implications, which can void your entitlement to alimony and child support payments. In Arizona, income on both sides can undergo an evaluation due to strict spousal maintenance guidelines. Therefore, you should know how your situation could work in or against your favor.

The Difference Between Voluntary and Involuntary Unemployment

While some individuals spite their ex-spouses by purposely refusing to find work, others seek employment but constantly experience rejection. Voluntary and involuntary unemployment is often misinterpreted and also viewed as interchangeable. On the other hand, both have contrasting factors determining whether an unemployed spouse should pay even without a steady job.

Voluntary Unemployment

When a spouse is physically capable of working but refuses to do so to stifle the divorce proceedings intentionally, a judge could rule against them if their intention is recognized. They could also be held accountable despite their unemployment status.

Involuntary Unemployment

When job opportunities are limited, or a spouse has yet to obtain work despite their qualifications, the situation could result in a temporary or permanent child or spousal support reduction. Even if a custodial parent’s income exceeds their spouse’s earnings, a judge may demand that the noncustodial parent fulfill overdue payments only after acquiring employment.

Three Common Implications of Divorcing an Unemployed Spouse

Some judges express empathy toward an unemployed, noncustodial parent and often use discretion under specific state laws. In this situation, a judge may credit earnings to the unemployed parent by calculating potential income along with their support payment of debts. Therefore, it would be best if you considered a few crucial circumstances.

Child Support Reduction or Suspension

In some cases, if a spouse lacks a stable income, a judge can reduce or suspend their payment of debts temporarily. If they receive unemployment benefits, they could be exempt from relinquishing their funds. Although you can attempt to have the decision reversed by filing a petition, you could face dismissal due to your spouse’s financial hardship. An Arizona family law attorney in the Sampair Group may inform you about a support order and your rights in the situation.

Monthly Spousal Support

If your husband or wife is unemployed, most likely, the court will order you to pay alimony after a divorce proceeding. However, unemployment is only one factor that can influence such a decision. A shared living situation is also relevant, especially regarding the sum a judge can order you to pay.

Equal Property Distribution

A judge can order a 50/50 split between spouses in a divorce proceeding. For example, if your partner refuses to work as you earn most of the income, they are still entitled to half of the marital property and valuable possessions. In contrast, if a disability exists, a judge could grant the partner a significant share of the property while you could be left a small remainder.

What to Know Before Hiring an Attorney

While you may have considered self-representation, you most likely lack the expertise to defend yourself in a court of law. Although you can acquire divorce forms without a legal representative’s assistance, you must meet requirements that can be challenging to fulfill. An Arizona family law attorney in the Sampair Group can help defend you against your unemployed spouse.

What Is A Divorce By Default In Arizona?

December 2, 2021/in Arizona Divorce Law /by The Sampair Group

Did you know that divorce law can be different in each state? It’s important to understand the specifics of the divorce law in the state you’re looking to file in.

Let’s go over all the basics for understanding a divorce by default in Arizona.

Divorce 101

In a divorce, the individual who files the paperwork for the divorce is called the petitioner. The individual who receives the paperwork is called the respondent. It’s important to know that this isn’t about guilt or blame. This is simply who filed the paperwork.

What is a Default Divorce?

A defense divorce is an interesting situation. A default divorce happens when the petitioner files divorce paperwork, but the respondent fails to respond within the legally required timeframe.

This can be because the respondent is difficult to find, such as someone living internationally, because they procrastinated on the paperwork and failed to meet the deadline, or because they simply refuse to respond to the paperwork.

In a default divorce, the respondent is agreeing to the terms of default to that of the petitioner lays out by default. This is why it’s important to have a divorce attorney structure your paperwork to make sure that everything is in order.

How to File for a Default Divorce in Arizona

Here’s how you can file for a default divorce in Arizona.

The process starts with the petitioner filing for a regular divorce. The respondent will then be sent paperwork, and they will have up to 20 days to respond if they live in the state of Arizona. They have up to 30 days to respond if they live outside the State of Arizona.

If the respondent fails to reply to the paperwork within the time frame, the petitioner can then escalate things to a default divorce. New paperwork will be sent to the respondent, and they have an additional 10 days to reply after being notified of their default divorce proceedings.

After that 10-day period, the petitioner can file for default divorce proceedings.

What You Should Consider Before Filing for a Default Divorce

There’s a few things you should know about default divorce before you file.

It is possible for your spouse to contest the default divorce proceedings. If they are able to legally argue that the petitioner did not put in sufficient effort to notify them of the divorce proceedings, they can contest the divorce. This is very important when it comes to child custody.

Get Help from an Experienced Divorce Attorney

Whether you’re considering a standard divorce, a default divorce, or even a legal separation, a divorce attorney in Arizona can help you navigate this emotionally and legally difficult time. The Sampair Group has the legal expertise you need to navigate your default divorce in Arizona.

Increase in the “Gray Divorce”

October 19, 2021/in Arizona Divorce Law /by The Sampair Group

Couples over the age of 50 are divorcing at increasing rates. When two people are incompatible, divorce is the best solution. But it can be more challenging for those who are older — due to the increase of assets that need to be separated. Let’s take a look.

Why is Gray Divorce Happening Now?

It’s interesting, but while divorces have decreased in younger generations, they’ve actually been increasing in the older population. Older individuals are divorcing at twice the rate of younger individuals. A gray divorce is a divorce late in life; a divorce after 50 years of age.

There are a few reasons for this:

Many of those 50 and above have been married and divorced before. Divorce rates rise for people who have already been divorced previously.
A lot of people decided to divorce a long time ago, but also decided to wait until children were out of the house. With people leaving the home later, divorce also happens later.
Some people haven’t decided to divorce when their children leave, but after their children leave they find that they aren’t as interested in the marriage as they were.
Retirement can make it difficult for spouses to adjust. They may find that they no longer have anything in common or they aren’t comfortable spending so much time together.
Financial issues can come to a head. In the older generation, financial issues may become more apparent as they start to near retirement age.
They may finally feel that they are “allowed” to divorce. The older generation didn’t find divorce as acceptable. Now, divorce is seen as something healthy to do if you are dissatisfied in your marriage.

So, these gray divorces are happening more frequently. And they come with some challenges — although some things are more simple.

What Are the Issues of Gray Divorce?

First, usually in a gray divorce, child custody isn’t an issue. So, there is a way in which gray divorce can be “easier” than other divorces, though of course, no divorce is simple.

But there are more pressing issues with gray divorce:

Retirement accounts. What happens if one spouse has been saving for retirement but the other hasn’t?
Spousal support. What if one spouse hasn’t worked for over twenty years or thirty years to support the other?
Division of assets. How many assets have both of them collected? How will these assets be distributed?
Competency. Are both parties fully competent when they’re divorcing? Can they make these decisions themselves?
Other considerations: What about adult children? What about long-term care or estate planning?

These issues need to be countered with solid representation. Want to learn more? Contact the experts at the Sampair Group.

Learning Your Lessons: From Your Divorce to Your Second Marriage

September 29, 2021/in Arizona Divorce Law /by The Sampair Group

Things don’t always work out the first time. We live and we learn. And it’s important to know that we do learn. As you move into your second marriage, you might want to consider some lessons that you learned from your divorce.

Don’t Get Married Until You’re Ready

Not every divorce is the result of a rushed marriage. But a lot of them are.

Consider pre-marital counseling before you get married, rather than marital counseling after. Pre-marital counseling is designed to go over some of the most critical topics of marriage, so you don’t get blindsided by issues later on. It’s better to rely upon a professional now, when you’re just starting on your journey, then later, during another divorce.

Always Start with a Prenuptial Agreement

A prenuptial agreement protects both you and your future spouse. It’s better that you decide on what’s “fair” between the two of you now, when everything is amicable, and when you are low stress, rather than later, when things are “blowing up.” A prenuptial agreement must be fair; if it’s unconscionably tilted toward one person or the other, it will be thrown out. So, it’s really legal protection for both parties.

Take Full Stock of Your Assets and Debts

The truth is that marriage today is primarily a financial and legal event. You’re already in love and you’re already living your lives together. In the eyes of the government, what marriage does is change your tax status and make it so that your properties (at least, some of your properties) are shared. So, before you even step into marriage, take a full stock of what you’re bringing into it.

Talk About the Children

If you both don’t want children, this isn’t a big deal. But if you do, you should have some foundational discussions about what might happen if you both split. And if you strongly disagree, take note. Finances can be messy during a divorce. Child custody is often messier. It’s a complicated topic and it’s one that should be thoroughly explored before you tie the knot.

And Don’t Forget to Talk to Your Friends and Family

We often find that after a divorce, the people around us were more aware of our problems than we were. If you have a trusted confidant, don’t be afraid to talk to them about any concerns or insecurities that you might have — with the understanding of your future spouse. They may be able to give you some insights that you’re too close to the situation to see.

A second marriage should be a joyous occasion. You’ve learned your lessons and you’re ready to try again. But that doesn’t mean that you should go in blind. There are a lot of things to consider first. You should always consider involving a professional today rather than having to involve a professional tomorrow. Contact The Sampair Group for more information!

How Does My Mental Health Affect My Child Custody Rights?

August 31, 2021/in Child Custody Law /by The Sampair Group

In general, your mental health is nobody’s business of your own. When it comes to a child custody dispute, however, it is common for mental health concerns to be brought forward by an ex-spouse or soon-to-be ex spouse. Unfortunately, an ex may bring up a parent’s existing mental health condition(s) in an effort to have their custody rights reduced or revoked.

So, how does your mental health actually affect your custody rights? By having a better understanding of how this all works, you can be prepared from a legal standpoint.

When Mental Health Matters in Child Custody

Ultimately, the goal of any child custody decision is to do what is in the child’s best interests. Therefore, a parent’s existing mental health condition doesn’t necessarily matter so long as the condition is well controlled—whether it be through therapy, medication, or another type of management/treatment.

Typically, a judge will look at two main factors when making child custody decisions with mental health concerns in mind. For starters, the judge will want to make sure that your mental health condition does not prevent you from being self-sufficient. After all, you cannot be expected to care for a child if you have trouble meeting your own daily needs.

Likewise, a judge will want to know that your mental health condition is predictable and/or well regulated. For example, if you have a mental health condition that has led to instances of self-harm or attempted self-harm in the past, this could end up being a concern when it comes to child custody.

If You Have a Mental Health Condition…

Keep in mind that mental health conditions are very common; in fact, it is estimated that more than 50% of Americans will be diagnosed with a mental illness at some point in their lives. With this in mind, simply having a mental health condition does not automatically mean that your custody rights are in jeopardy.

However, if your ex has brought your mental health condition up as a “concern” in your child custody dispute, then it is important for you to understand your rights. Likewise, it is vital that you show as much proof or documentation as possible that your condition is controlled and that you remain entirely self-sufficient.

A Family Attorney Can Help

Looking for assistance in handling your child custody dispute? An experienced family lawyer from The Sampair Group is here to represent you and work with our best interests in mind. Contact us today to schedule your free consultation.