Blog - The Sampair Group

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.

Arizona Guide to Hybrid Child Custody Orders

August 2, 2021/in Child Custody Law /by The Sampair Group

Struggling with a child custody dispute can lead to serious disharmony within the family unit. When working with a former spouse regarding child custody, individuals are likely to learn about joint custody and sole custody. While these limited options imply black-and-white solutions, the reality is anything but.

If you are negotiating a custody order within the state of Arizona, make sure you have legal representation to guide you through the process. Experts at The Sampair Group have decades of industry experience working in complicated custody scenarios.

Today, we are going to highlight the reality of hybrid child custody orders.

Legal Custody vs Physical Custody

Before the courts determine which type of child custody is right for your family, it is pivotal that we better understand the two forms of custody in general. Custody references the legal parenting and decision-making over a child. Family law judges will often opt to have joint custody to allow the child access to both family members. If the judge doesn’t think seeing both parents is in the best interest of the child, other custody options may be considered.

Parenting Time is also referred to as physical custody. Working with a judge, parents will lay out a parenting plan that shows when the child will spend time with each member of the family. One parent may have legal authority while the other parent has physical custody or even supervised parenting orders.

So, what exactly is a hybrid child custody order?

Hybrid Custody Scenarios

Hybrid custody orders are often decided upon in situations where amenable agreements can be made. Hybrid custody orders are often done when both parents retain a positive relationship with one another as well as their child.

A few other examples of hybrid custody scenarios include:

One Parent Is In The Military – A parent deployed for military service will often yield hybrid custody situations.
Injury or Illness – Parents may occasionally or temporarily cede their parenting rights or legal decision-making in the event of an injury or sudden bout of illness.
One Parent Is A Doctor – A medical professional parent may want to have the final say on choices made regarding their child’s health.

Every family dynamic is unique and that means taking a custom, you-first approach to your child custody scenario. For residents of Arizona, the team at The Sampair Group can help.

Contact The Sampair Group

The Sampair Group focuses on family law for clients throughout Maricopa County. Providing aggressive and affordable legal representation, The Sampair Group represents clients for complex legal matters including divorce cases, child custody, child relocation, and property and debt division. With 39 + years of decorated legal experience, Attorney Patrick Sampair leads a distinguished team of attorneys with more than 60 combined years of experience in the field.

Other reasons to contact The Sampair Group for representation include

Free Consultation
Flat Fees
Pay As You Go Service (No Retainer or Deposit)
Limited Scope and Full-Service Representation

With locations in Glendale, Scottsdale, and Chandler, you can rest easy by contacting The Sampair Group, today!

What is a Presumption in Family Law?

June 22, 2021/in Phoenix family law /by The Sampair Group

When discussing presumptions concerning family law, misinformation and misunderstandings are easy to find. Simply put, a presumption is considered a legal conclusion that can otherwise be refuted by evidence to the contrary. As an example, a couple undergoing a divorce may come to terms with relation to their property that is different from Arizona’s traditional presumptions.

Let’s apply this definition and the context surrounding it to a few other aspects of Arizona law.

Presumption and Property Division

As a community property state, Arizona splits assets and debts down the middle between both spouses during their divorce. This translates to assets, gifts, pensions, and other intangible items. When divorcing spouses cannot find a way to agree on how their assets should be divided, the court will typically step in to make a ruling. Often, courts will rule as close to a truly 50/50 outcome as possible.

There are unique scenarios whereupon assets and debts are separated in more specific ways. Spouses can come to an agreement to establish separate assets and debts. This can be done through a pre or postnuptial agreement. Prenuptial agreements detail how property division will occur in the event of a divorce, while a postnuptial agreement is the same thing, only signed after the fact.

Finally, there is the possibility that a judge will order debts or property to be handed out in an inequitable way. This is often due to reckless spending or some other aspect of marital waste. Other examples of marital waste include drugs, gambling, shopping, and spending money on having an affair.

Child Custody & Child Support

Outside of property, presumptions in family law may also determine who has custody of a child. Custody decisions are made while focusing entirely on the child’s best interest, pushing away misconceptions that mothers are always going to win custody. Sometimes, courts focus on dividing custody as evenly as possible, while other times this simply can’t happen, due to work or relocating out-of-state. Other concepts weighed during this decision include child support, ensuring that both parents can provide for the child full-time.

As a point of order, courts prefer to place children with parents that are not struggling with addiction, incarcerated, or otherwise incapable of the appropriate childcare.

Contact the Sampair Group Today

The Sampair Group is an Arizona-based Law Firm focused primarily on Family Law. Based in Glendale, the Sampair Group proudly serves clients throughout the region, from Paradise Valley to Ahwatukee. With an A+ BBB Rating and a Top Attorney Rating on Avvo, now is the perfect time to schedule a consultation with the Sampair Group.

What If the Other Parent Won’t Comply With the Court Order?

May 7, 2021/in Child Custody Law /by The Sampair Group

Unfortunately, having a court order for child custody doesn’t always guarantee that things will be smooth sailing. This is often the case when the other parent fails to comply with a custody order that has been issued by a judge. If you’re going through this, you may be wondering what recourse you have and what steps you should take next.

Document Everything

First and foremost, try to remain calm; emotions naturally run high when child custody agreements are not being followed. However, you will want to keep your composure as much as you can. Focus your efforts on documenting each instance where the other parent is not complying with the court order. If the parent is late picking up or dropping your child off, for example, be sure to write down the date(s) and the time(s) that this occurred.

The more documentation you have of the parent not following your court order, the better your case will look in court.

File a Motion to Enforce Parenting Time

The next step you will most likely want to take is to file a legal motion with the court; this is known as a motion to enforce parenting time. When you submit this motion, a judge will review your original court order, as well as any documentation or evidence you have gathered. In some cases, the other parent may be fined for violating the original custody order. In other cases, the judge may change the original custody order to give you more time with the child or make other alterations to the original agreement.

Attend Necessary Hearings

In some cases, a judge may request additional information from each party. When this occurs, a court hearing will be scheduled. Typically, both parties will be required to attend. This is an important time to bring any additional evidence or documentation you may have of the other parent’s failure to follow the original court order. At this hearing, you should also be prepared to hear counter-allegations that the other parent may have against you (whether they are true or not).

At the end of the hearing, the judge will most likely reach a decision on whether to alter the original court order or to impose fines (or even jail time) on the other parent.

Get the Legal Representation You Need

Dealing with a parent who does not follow your child custody order can be stressful and frustrating. The good news is that there are steps you can take to help get your order enforced. Still, the best way to navigate this complex legal process is to work with an experienced family law attorney. At The Sampair Group, we offer the representation and guidance you need during this difficult time. Find out more about our attorneys or schedule your free consultation with us today!

What Is A Preliminary Injunction In A Divorce?

April 13, 2021/in Arizona Divorce Law /by The Sampair Group

A preliminary injunction is a tool used in Arizona divorce law to ensure that both parties act in good faith during the legal process of finalizing a divorce. The injunction applies to both people and limits the things that they are able to do throughout the proceedings that follow so that neither person can commit an act that would preemptively undermine the final ruling by the court. It serves primarily to protect property, assets, and any children that the couple shares.

What Can be Protected by a Preliminary Injunction?

The following concerns can be addressed via the preliminary injunction, and both parties will be required to abide by the terms of the injunction.

The sale of property, such as the home, car, or personal belongings with value. This applies to assets that the couple shares and neither person may intentionally stop making mortgage or loan payments that would jeopardize these assets.
Traveling with children out of state. this injunction can make it a criminal offense for either person to take the children out of state. If either party wishes to take children out of state while the case is pending, they must obtain the written consent of the other parent or permission from the Judge.
Taking out new loans. Shared assets cannot be used as collateral on any new loans or mortgages. This protects both people from the potential negative financial impact of these actions.
Altering insurance policies. Any health, auto, life, or disability insurance coverage must not be allowed to lapse during the divorce proceedings.
Harassment. Any intimidation, violent behavior, or actions that can be construed as stalking or psychologically manipulative are included in this provision. If one of the parties violates the injunction, criminal charges can be brought separately.

Arizona Revised Statute Section 25-315(G)

In the state of Arizona, it is a crime to violate the terms of a primary injunction. It is important that both parties understand the terms of the injunction and how to seek an exception under special circumstances. If the terms are violated, it is a Class 1 misdemeanor that carries with it a jail sentence of up to six months. It can also result in separate criminal charges and additional legal fees and fines, depending on the circumstances of the breach.

In addition to preventing the sale or transfer of ownership of any property or assets that the couple shares, a preliminary injunction will make it a criminal act to conceal any property. Ways that people attempt to do this can include signing property over to relatives and friends or giving property to others in the form of monetary gifts.

Learn About Your Rights with a Free Consultation

The Sampair Group represents clients throughout Arizona, in the Chandler, Glendale, and Scottsdale areas. If you are facing or seeking a divorce, contact us to schedule a free consultation. Give us a call or fill out our contact form to learn more.

What Are Third Party Visitation Rights in Arizona?

March 18, 2021/in Child Custody Law, Phoenix family law /by The Sampair Group

According to the A.R.S § 25-409 statute, third-party rights in Arizona allow the placement of children into the home of a third party. The statute also grants third-party visitation rights in certain circumstances. When going through a divorce or paternity case, this statute is commonly referenced when rights and requests are petitioned to the court. If you’re a third party seeking visitation rights, keep reading to learn how this statute and others can be used in your favor.

How Do Visitation Rights Play Out in Arizona?

When a third party requests visitation rights in Arizona, this is what is known as atypical family law. During most divorce or paternity cases, the child’s best interest is always evaluated with both parents starting off on equal footing. However, during a third-party case, both parents are given an advantage over the third party because a parent always has rights unless they sign them away. This is what is referred to as a “mother and father having an equal constitutional right to provide the control, custody, care, and protection over their child. There is no such right for third parties.

When a third party intends to file a petition with the court to request third-party visitation rights, it must meet all criteria outlined in § 25-402, subsection B, paragraph 2:

Must establish that the third party is standing in loco parentis to the child
Must establish that removing the child from the legal parents’ home(s) is significant to the well-being of the child
Within the prior year of filing the petition, there cannot be an entered or approved order regarding the legal decision-making of the child; the same applies for an order regarding parenting time; however, these criteria do not apply when the child currently resides in an environment that could bring serious endangerment to the child’s health, including its physical, mental, or emotional health
One of the following criteria must be met:

A legal parent is deceased
The child’s legal parents are not legally married to one another when the third party files the petition
There is a proceeding for the dissolution of marriage between the legal parents when the petition is filed or the proceeding for a legal separation

When all four elements have been met in a manner in which it can be proved, then Rebuttable Presumption allows for the case to be set to trial.

If and when a trial takes place, the petitioner goes through the process of rebutting that the presumption of giving a parent the authority to be the sole legal decision-maker for the child is going to be in the best interest of the child. It is very important that clear evidence is obtained to make this claim and to file a petition. Without sufficient evidence establishing all four elements have been met, most petitions are quickly tossed from the court’s recognizance. Having a solid and experienced attorney who knows atypical family case law is essential to winning a third-party visitation case and is often the difference between an approved or denied petition.

How to Deal with Stock Options in an Arizona Divorce

February 12, 2021/in Arizona Divorce Law /by The Sampair Group

Stock options are an incredibly complicated subject in even the best of times, much less during a contentious divorce. To ensure that your assets are protected and properly divested, keep on reading to learn more about stock options, what they are, and how they are handled during a divorce in the state of Arizona.

What Are Stock Options?

In the world of finance, a stock option is a contract that gives the owner the right, but not the obligation, to purchase or sell an asset at a specific price-point. In the typical employer-employee relationship, this stock option is known as a grant. An option will be exercised at the moment that the employee in the relationship purchases the stock by following the options granted in the contract.

Options are granted for a litany of different reasons, but they always break down into either Qualified or Non-Qualified stock options.

Qualified Stock Options — A qualified stock option is also known as a statutory incentive stock option, otherwise known as the ISO. Taxes due on qualified stock options aren’t to be paid until the sale of the stock, when it was sold, and its corresponding tax rates.
Non-Qualified Stock Options — Taxing non-qualified stock options occurs after the value has been discerned from the established market, creating the income tax that is due when the grant is optioned.

Grants that are given, received, or exercised during a marriage will become a stock that has been exercised and as such will be distributed as a part of the community assets during the divorce. These stock options can then be realized due to several factors about employment, financial compensation, or in exchange for a raise.

Consider how this might affect Silicon Valley employees investing heavily in startups, and we can quickly see how this becomes a point of contention during a divorce.

Distributing Stock Options During an Arizona Divorce

Arizona falls in line with many of the same state laws regarding divesting assets and stock options during a divorce. Like many other states, Arizona will distribute property resulting from the marriage only if that property was acquired during the marriage. Property that is available after the divorce has commenced is beholden to far trickier conversations.

Generally speaking, Arizona will treat stock options in much the same way that they do pension plans. As addressed through Brebaugh v Deane, 211 Ariz. 95, stock options must be further looked at to see the terms of their execution as well as when the grant would be paid out for potential future efforts, thus throwing a wrench into the entire conversation.

Unfortunately, there are no clear-cut answers when it comes to how a stock option will be dispersed during divorce proceedings. Depending on the court’s decision, and the case presented, the answer can go one of many directions. There are ways to maximize your chances at properly protecting your assets and that is through professional legal help.

The Sampair Group Is Ready to Help

To learn more about stock options and how they are distributed during a divorce, contact The Sampair Group for same or next-day appointments by telephone and video conference. The Sampair Group is made up of acclaimed family law attorneys who have represented thousands of Arizonans in their time of need.

With almost 40 years of legal experience, Attorney Patrick Sampair is ready to stand for YOU during your next legal battle.

What to Do When Children Don’t Want to Go to Visitation

January 4, 2021/in Child Custody Law, Glendale child custody attorney, Phoenix family law, Phoenix family law attorney /by The Sampair Group

When a visitation schedule is set by a court order, following these orders should be pretty straight-forward…right? Well, not always. When a child no longer wants to attend a visitation with another parent, this can complicate matters significantly. By having a better understanding of why these issues arise and what your legal responsibilities are, you can handle this difficult situation properly.

Common Reasons for Visitation Hesitation

When a child seems hesitant or downright refuses to attend visitation with the other parent, the first step you’ll want to take is to determine why this is occurring. This is especially important is the hesitation seems to have come out of nowhere.

Some of the most common reasons that a child may not want to attend visitation include:

a poor relationship with the other parent’s partner/spouse or other children in the household
general resentment over a divorce or separation
a poor relationship with the other parent
a change in household rules or rituals that the child is uncomfortable with

Some less common (but more serious) reasons a child may be hesitant about visitation include:

substance abuse in the other home
physical/emotional abuse in the other home
sexual misconduct in the other home

Do You Have to Make Your Child Attend Visitation?

Unless you have a legal reason to withhold your child’s visitation from the other parent (such as evidence/claims of abuse or misconduct), it is generally your legal responsibility to follow your court-ordered parenting plan as closely as possible. This remains true even if the other parent is behind on child support payments.

If you suspect that your child simply doesn’t want to visit with the other parent due to other circumstances (like not wanting to be away from friends or having to conform to a different set of “house rules”), there are some strategies you can employ. The best course of action is usually to speak with the other parent and come up with a plan that will make everybody happier and more comfortable.

If visitation continues to be an issue, however, you can go back to court and request a re-working of the visitation plan. Before you do this, though, you’ll want to make sure the other parent is aware of the issues and that you have made an honest attempt to work through them. You’ll also want to start carefully documenting each instance where your child refuses or is hesitant to visit the other parent, as this documentation may come in handy in court.

Consult With a Family Lawyer for More Help

If you’re running into issues with your court-ordered visitation schedule, it can also be helpful to consult with a family lawyer who specializes in these types of cases. An experienced lawyer will be able to provide you with the personalized guidance and legal advice you need to move forward and challenge your current visitation arrangement in court if needed.

Ready to schedule your free consultation with our legal team? The Sampair Group is always here to assist you. Contact us today to find out more about what we can do for you.