What Debts Will I Have To Pay After The Divorce Is Over?

Dividing up assets and figuring out who pays what during a divorce is one of the most hotly contested parts to nearly every case. No one wants to come out of a divorce paying for debts racked up by their ex-spouse, or being left with too little assets to make a new life. And, if children are involved, the party with custody will want to make certain there is enough child support to take care of the kids and give them the life they deserve. These circumstances make it crucial to have a clearly worded decree, that sets forth who pays what and which spouse gets what pieces of property.

When thinking of how to budget for your finances after divorce, taking into consideration the assets on hand is important but it is also necessary to know what debts the Court expects you to keep paying. Examples of what debts must continue to be paid after the divorce is over include:

  • The debts for which the Court ordered you make payments. If you were assigned the responsibility to make credit card or car payments in the divorce decree, failing to do so can result in contempt of court charges being filed against you.
  • The mortgage payment will need to be paid after the divorce and the party that remains in the home is usually the one responsible for the payments. This is not always the case though, and if you are being asked to make these payments you will want to be sure the Court has all the information it needs to make the determination as to who pays. This might include your financial and banking account data as well as information on other debts for which you are responsible. Making your case takes careful planning, and persuasive argument.
  • Medical, dental, and other healthcare costs for the kids will still be due after the divorce. It is common for one party to be required to carry insurance for dependents, and then the parties split the costs of things like co-pays and prescriptions. For more in depth medical needs, a more thorough analysis of your particular circumstances is required.

Part of getting divorced is adjusting to a new life, as a single person. This includes being able to stand on your own two feet financially, which is why it is so important to fight for debt distribution that is not overly burdensome. Call our office for more information on what your post-divorce financial picture involves.

For more information about divorce and finances, 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.

How Property Is Characterized In A Divorce

Getting divorced means splitting up and not just a split of the people involved. The Court will enter orders that divide property, assets, and even the children. Final orders in a divorce case include information on who gets what as far as cars, the house, and other property; who pays what debts, and where the kids will live. When thinking of property division, the Court must not only decide what is fair, but must also consider what type of property is being divided. Property is either separate, or community property. The difference between the two can mean the world when you are trying to figure out what is yours, and what belongs to your soon to be ex-spouse.

Property acquired during the marriage is considered community property. It is this type of property that the Court has jurisdiction to distribute. Separate property is that property which was owned by one of the parties prior to the marriage taking place. Separate property remains the property of the person that brought it into the marriage, unless its character has changed over the course of the marriage. What this means is this:

  • Any property that was yours prior to getting married, but that you co-mingle with community property might be considered community property during a divorce, and subject to the Court’s order of distribution.
  • If something was a gift, it is generally not considered community property, and will be yours to keep after getting divorced.
  • Any inheritance you have received is separate property, but be careful! If you used the funds to purchase a marital asset, such as a home, you may not be entitled to 100% ownership of that home.

It can get tricky when trying to figure out what classification property falls under for the purposes of property division in a divorce, but a skilled family law attorney can help. We have experience looking at the unique facts of how your property was acquired and used during your marriage and will present the evidence in the light most favorable to your needs. Call our office today for more information and to learn how to protect what is rightfully yours.

For answers to your questions about marriage and how property is divided at divorce, consult one of the trained family law professionals in our office. Let us put our valuable experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your appointment.

Three Financial Blunders To Avoid After Divorce

Once your divorce is final and you are ready to establish yourself as a single force to be reckoned with, one of the most important things to do is make sure your finances are in order. Being able to support yourself and to make decisions about your financial future without a spouse can be hard, but the reward is well worth the effort. A certain sense of accomplishment comes with being able to invest wisely, put something away for a rainy day, and help your kids as they move from high school to college and beyond. In order to do this it is important to have an awareness of your changed financial picture now that you are single, and it is also helps to know what money traps to avoid.

Three financial blunders to avoid when you are newly single include:

  • Avoid spending more than you have. This seems simple enough, but in practice is a very hard thing for most people. This is true when there are two incomes to rely on for paying the monthly bills and you might find yourself overspending simply out of habit. Try to remember that you alone are responsible for your financial health (especially if you were not awarded spousal support or it has come to an end) and make the necessary adjustments to your lifestyle. Downsizing your home, opting for an older model car, or taking your lunch to work rather than eating out are all good ways to save money when you are single.
  • Failing to review your budget and make the changes needed to take into account your status as a one income household. When you get divorced it is a good idea to take stock of what you have and what you need. Doing so will allow you to identify areas where you can cut back and save.
  • Allowing your emotions to take over and overwhelm you is also a mistake. We understand divorce is hard, but when you come to terms with the decision it will be easier to think rationally about your future. This includes coming up with a plan for your money that makes sense and is within your budget.

Our goal is to reach solutions in your case that allow you a fresh start, and also give you the chance to change. When necessary we suggest enlisting the help of a qualified financial planner, so you can be sure to start your new life off on the right foot.

For more information about divorce and what it means for your finances, 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.

Eight Conversations That Are Essential After Divorce

Once the ink on your divorce decree has dried and you have given yourself the time needed to move past the pain of divorce, it might be time to start dating again. For many the idea of getting back “out there” after divorce is scary, because the fear of history repeating itself is great. No doubt going through a divorce takes a toll; physically, emotionally, and financially. And, in most cases the entire family is impacted by the news that divorce is imminent. In order to take positive steps after divorce, it is important to look at your marriage and divorce process, and see where change can be made.

A big part in identifying areas of opportunity for growth lies in being honest with yourself about your expectations. If you have begun dating again, sharing these thoughts with a new romantic partner is essential. Eight conversations you should have after divorce, if you want to avoid going down that road again in the future, include:

  • Be honest about your shortcomings, so you can hold yourself accountable for your actions; past, present, and future.
  • Be honest about your ex’s shortcomings, which includes being able to articulate good points about your former spouse. If you are able to find good in your ex, you will be better equipped to find good in yourself as well as a new mate, despite any flaws.
  • Talk about how to handle disagreements, and commit yourself to being open and honest, while remaining fair.
  • Have a clear picture of your financial goals, and make sure any new love interest shares those goals. It has been said money is the number one cause of divorce, and tackling this sensitive topic early on can save you a lot of heartache down the road.
  • If you have children, make plans to include them in your new life with your new partner. If your new partner has kids, make sure those children are also included. Blending families can be tricky, but does not have to be impossible.
  • If you are blending a family, get on the same page about discipline and other important parenting issues.
  • Stand up for yourself when necessary.
  • Talk about the type of future you want, and come up with a plan to reach your goals together.

If you have been through a divorce and are considering remarrying, or have just begun a new relationship, it is important that history not repeat itself. However, life does have a way of being unpredictable, even when best efforts are given. If you are considering divorce for the first, or a subsequent time, call us for help.

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

 

Two Ways To Keep Divorce Details Private

Getting divorced is hard enough, but having all the details made public can be even harder. There are many reasons why a person or couple may wish to keep the specifics of their divorce private, but most generally those reasons are financial or for the safety and well-being of the parties or children. If you are worried about sensitive information being made available for public viewing, there are steps you can take to keep your divorce details private.

Two ways to keep information regarding your divorce case private, and not accessible by anyone performing a public search, are:

  • Refrain from posting the details of your case on social media. Even if you make all of your account settings private, there is a small portion of information that may still be visible. Take matters into your own hands, and simply forego updating your status. Doing so will ensure the issues you want to keep to yourself stay put.
  • Ask the Court to seal certain documents. There are some items that the Court will agree to seal from the record, such as financial data or medical records. Having a record sealed does require you to file certain documents within your case, and might even include a hearing before the Judge. We are equipped to file these pleadings on your behalf, and make the necessary argument to the Judge for you.

If the Judge remains unconvinced that an entire document requires sealing, you can also ask that specific information contained within the document be removed. Things like children’s names and ages, identifying information such as a social security number of tax ID number, and anything that relates to a victim of domestic violence are all types of information that the Court will routinely order to be removed from a document. Removal can take the form of “whiting out” the information or simply running a permanent black marker over the text. This method of keeping private information out of records available to the public is referred to as redaction, and helps to safeguard your personal information. If you have concerns about what information is available to the public, call our office for assistance.

For more information about divorce, contact our office 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.

How to Keep Your Divorce From Impacting Your Career

Any big stress in your life can have a potential impact on your career. Divorce ranks high among life stressors but it also directly impacts your schedule and mental acuity. Your divorce requires not only emotional energy, but lots of time off from work to meet with your attorney or mediator and days off for court appearances. This can have a detrimental effect on your career success. Keep it all together by following these steps:

  • Minimize time off. Find out if your attorney or mediator can meet with you on weekends. Save your personal days for court appearances which are always scheduled during business hours.
  • Talk to your boss. Be up front about what you are going through and be clear that you are dedicated to your job. Make it clear you will go above and beyond your duties by working at night, from home, or by taking on additional responsibility once your case has concluded.
  • Look the part. Be particularly careful to present an outer appearance of success, clarity, and dedication to your job at all times. Dress well. Keep your office space organized.
  • Control what you can and let go of the rest. You can minimize the impact on your workplace by taking personal calls away from your co-workers and having breakdowns in the bathroom alone, but you have no control over your spouse showing up at your office or your company being notified that your wages are being garnished for child support. You can’t control everything and no one expects you to.

When you are facing a divorce, you have many questions. Talk with an attorney who understands your concerns and is available to answer your questions. The Sampair Group services all of Maricopa County and our attorneys are ready to discuss your options with you today.

Will Divorce Close My Family Owned Business?

A lot of couples make the choice to open their own business together, rather than become an employee for another company. This decision can be financially advantageous, can provide job stability, and can also give you control over your daily schedule. While it sounds nice to be your own boss, there are drawbacks though, and one of those is what happens to a family owned business when the owners get divorced. In some instance the company doors remain open, but the ownership is questionable. To make sure that you are treated fairly and receive what is rightfully yours, call an experienced family law attorney today for help.

The ways a divorce can impact your family business include the following:

  • The ownership or partnership structure may need to be changed. What this means is that if you and your spouse part ways, you may also need to dissolve your partnership. Some couples are able to continue working together, as equal partners, while others decide to allow one spouse to take over the business. If only one spouse remains in control, the other may be entitled to their proportionate share of the value of the company.
  • Company policies and bylaws may need to be changed, to reflect a new corporate structure. Even with ex-spouses continue to run a business together; it is a good idea to revamp corporate documents.
  • Valuation of the business will need to be done, in order to figure out a fair distribution of the company.

Questions nearly always arise when a family owned business is part of the divorce mix as to how and when the company was acquired or started. This information is important because it is critical to properly classify the business when taking stock of a couple’s assets. Not only do you have to take into account the nature of the asset, but also the nature of any increase in value of the company. Arizona is a community property state, and when a pair splits up their property is considered equally owned if it was acquired during the marriage. This makes figuring out what to do with a family owned company legally complex. We have experience with these types of issues, and can help you figure out what is best for you.

For more information about 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.

The Benefit Of Therapy During Divorce

There are few things in life more stressful than getting a divorce. Your entire world changes when you get divorced, and taking back control of your life can seem like an impossible task. For many, the help of a trained counselor or therapist is necessary. When professional help is given, the benefits are immeasurable and your entire family reaps the rewards. Once you have put yourself in a position to move forward, your kids and loved ones begin to see the positive impact of therapy during a divorce.

Every case is different, with its own set of unique facts. This means that what you need from a therapist is much different than what any other person needs. While the results are different for everyone, some of the most common benefits of therapy during divorce include:

  • Giving you the tools necessary to establish and maintain healthy boundaries you’re your ex-spouse.
  • Learning how to deal with feelings of depression, remorse, and anxiety.
  • Helping you to avoid unhealthy emotional responses, such as drinking or gambling.

It is important to choose the right counselor, because the way you interact with your therapist is critical. You must feel comfortable enough to be completely honest, and give yourself the freedom to talk openly. Divorce might be the end of your marriage, but it is not the end of your relationship with your children and you can move forward towards a bright future. Being able to put your needs first will help you be a better parent, friend, and employee. When you are emotionally happy and healthy, being able to handle the stress of unpleasant situations becomes a little easier. We work hard to make sure you understand how the divorce process impacts your state of mind, and how you can learn to face the end of your marriage without emotional fallout. Call us today for more information.

If you have questions about divorce, 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.

The Role Of Dads Post-Divorce

In the not so distant past, when a couple got divorced the typical custody and visitation arrangement was for the kids to live with mom and see dad every other weekend. This type of schedule meant kids were growing up without their dads playing an active role in their lives. But, times have changed. More and more often a divorcing couple shares custody equally, or fathers are taking more time with their kids. This change is important, because it gives the kids a chance to continue to build a strong relationship with both parents. Even so, issues regarding visitation frequently arise, and some dads are still absent in their kids’ lives.

An organization focused on promoting the welfare and health of children has worked hard to identify why the role of dads post-divorce all too often takes a backseat. Some of the findings include the following:

  • When a dad is struggling financially, maybe even skipping child support payments, may experience feelings of inadequacy and believe they have not earned time with their kids.
  • In other instances where the father isn’t paying support, they are kept from their children by their ex-spouse as a form of punishment.
  • Some mothers want a clean break after the divorce, and this includes not wanting to feel dependent on their ex for financial support. When this feeling bleeds into issues of child support, a dad can feel unnecessary and stay away as a result of these feelings.

Regardless of whether child support payments are being made, a father has the right to visitation with his children. Keep in mind that a dad offers more than just money, dads offer emotional support to their kids as well. If you have questions about the role of dads after the divorce ends, call our office to speak with a knowledgeable family law professional. We can offer advice that works for your family, and help to protect your children’s best interests.

For more information about the role of dads post-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.

 

 

Improving Your Life After Divorce

Divorce presents challenges to all aspects of your life. Your home life has drastically changed as has your financial situation, and you may find that your mental and emotional health are also impacted. This is a busy time in your life when you may be moving, making time for court and meeting with your attorney, and finding time to parent. The stress of all the changes and decisions may be taking its toll on you. Finding ways to combat stress and take care of yourself should be at the top of your to-do list these days. One important thing you can do is exercise. Regular exercise can offer you these benefits:

  • Higher tolerance. The better you feel, the more able you are to handle the curve balls that divorce may throw at you. Keeping healthy can help you withstand the challenges your situation poses.
  • Sleep. People who routinely exercise sleep more soundly and more regularly. If sleep is something you’re finding elusive because of the heavy decisions and changes in your life, exercise may help you get more shut eye.
  • Overall health. Exercising reduces your risk of a laundry list of health problems and also helps you fight off cold and flu.
  • Social life. There is a connection between exercise and a healthy social life. Exercise can be a social activity and help you guild new connections and relationships.
  • Feel better about yourself. Physical activity helps you think more positively about yourself and it also gives you a boost because it improves your physical appearance.
  • Improved thought processes.  Getting your body moving gets your brain moving too. Exercise can be very meditative and give you a real break from the things in your life that are stressing you out.

When you need a law firm you can rely on for your divorce and family law case, the Sampair Group is ready to help you in Glendale, Mesa and Phoenix, Arizona.  Schedule an appointment today.