“What If I Don’t Want A Divorce?”

The decision to divorce is not always a mutual one. Ending a marriage isn’t usually a decision that is made overnight, and is instead a result of something that has been slowly building up. If your spouse has completely made up their mind that they want a divorce, it may not be in your best interest to attempt to legally fight or prevent the divorce if it’s not something you want. You do have the option of making a simple approach to saving your marriage. There are no guarantees that things will change and that the divorce will not happen, but if you have chosen to try and stop it by making drastic changes, now is the time to do it.

Understand and remember that you cannot control the decisions your spouse makes or how they respond to you and your attempts. The worst thing you can do is beg your spouse to stay. If your spouse has decided they want a divorce, chances are they have been feeling this way for a while and mentally preparing themselves to make a decision. The decision will be very fresh so it may not be the best time to grovel and apologize and push for marriage counseling if your spouse is resistant to the idea.

You can, however, try and slow down the process of divorce. In Arizona, you can file a petition for “Conciliation Court,” which puts the divorce on hold until you and your spouse have completed court mediation. Conciliation Counseling is offered by the Superior Court for married parties who are considering or are in the process of divorce. The brief counseling is geared toward assisting parties in making an informed and thoughtful decision regarding their marital relationship. If the couple expresses interest in community-based counseling services, they can continue with that option once the conciliation counseling is completed.

If your spouse accepts the Petition for Conciliation but has not yet filed for divorce, neither party may file for legal separation or dissolution of marriage for a 60-day period. If they have already filed for divorce before the Petition of Conciliation was submitted, the case may not be advanced until the 60-day “cooling off” period has expired.

The scheduled conferences for counseling are conducted by professional counselors and are held privately under confidence. The counselors use no coercion, and the couple makes any finals decisions regarding how to proceed with the divorce.

During and after this process, you must immediately stop pursuing the other person and give you and your spouse some space from each other. You must be willing to understand how you contributed to the breakdown of the marriage and what role you play in the problems between you and your spouse.

This is the time to start changing for the better and thinking about the things you have done that have led to your spouse feeling this way. Avoid blaming your spouse for everything if you want any chance at saving your marriage. Focus on their pain and loneliness.

Once you understand what you have done wrong, how you need to change it, made an attempt to change, and understand what your spouse is going through, you can prepare to apologize and discuss the matter further.

It is important to note that these kinds of approaches may not always put an end to a divorce. Once the divorce decision becomes final, it is important that you have legal representation from a spousal attorney in Glendale. Contact a professional attorney at The Sampair Group today to begin your case, whether you are the one filing for divorce or not.

How To Handle Your Child’s Healthcare After Divorce

The process of divorce can be particularly trying, but often the toll can be especially hard on the children. Generally both parents will be looking out for their child’s best interest, but it can be difficult to navigate the legal landscape that they find themselves in.

How to divide costs and provide or maintain healthcare coverage for your child can be difficult even in the best of situations, so it is important to have an experienced divorce lawyer to guide you through the process.

There are many factors to consider when choosing an attorney, such as experience, focus, and personal attention. As well, the thought of exorbitant legal fees can overwhelm you before the legal process even begins. The lawyers at The Sampair Group are well versed in Arizona family law and understand the needs that you may have during the difficult time of divorce. They also have flexible payment options to help reduce the stress on you and your family.

In Arizona, child support is based on the combined income of both parents, but there are many variables that can come in to play. Having a committed Phoenix family law attorney to explain the Arizona Child Support Guidelines will make the process easier for all parties, most importantly, the children.

Family law courts will order that a child’s medical and dental coverage is provided by the parents, but in many cases an arrangement between both parties can be made outside of court to arrange healthcare. A lengthy court process can draw out a healthcare agreement between parents longer than may be necessary, and there are many factors that weigh in when deciding how best to provide for children during a divorce. Consulting with a Phoenix child custody lawyer can help make the transition as smooth as possible and ensure that the needs of your child are met in the best manner available.

Divorce can be one of the most difficult experiences a person can go through; in the Scottsdale, Phoenix, and Glendale area The Sampair Group has compassionate family law attorneys ready to guide you through the process as easily as possible.

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.

Are You Ready For Divorce?

For most couples there are warning signs leading up to filing for divorce. Feeling disconnected from your spouse, constant fighting, and financial stress are all things that can trigger divorce. If you are experiencing any of these “symptoms”, or there are other factors at play that lead you to believe divorce is imminent, it might be time to ask yourself if you are ready for divorce. The process can take an emotional and financial toll before it is all said and done, so it is best to go into your case with your eyes wide open. Knowing what to expect; the good, the bad, and the ugly, will better prepare you to face the issues as they arise.

Your case will be governed by the divorce statutes in place, but your emotions and state of mind are not subject to any laws. In order to be prepared, the following checklist will help you to determine if you are ready for divorce:

  • Have you and your spouse made every attempt to reconcile, and if so are you satisfied with the effort?  If you believe the relationship is salvageable, you may not be ready to take the plunge and get divorced.
  • Have you considered where your kids will live, and how they will share their time with each parent? Having an idea of a parenting plan that meets your needs will help prepare you for divorce, and can put your mind at ease regarding issues surrounding your kids.
  • Has consideration been given to property distribution, and have you and your spouse come to an agreement on who get what? Knowing what you want, even if your spouse does not agree, will help you to identify which areas in your case to put your focus.

You do not necessarily have to have solutions to these issues, but as long as you have considered these possibilities and are at peace with having to reach a solution, you are one step closer to being ready for divorce. If you are able to come to an agreement with your spouse on any of these things, your case will proceed with fewer obstacles. Our team of knowledgeable family law attorneys can help you figure out what is important to your case, and how to come up with workable solutions.

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.

When Is It Possible To Change A Child Support Order?

Our lives are always in a constant state of change. A divorce definitely shakes things up and can bring many more changes that create havoc in your life. Many times, due to a change in your livelihood, fulfilling your obligations to child support orders can become difficult. While laws will vary by state, most courts will need a compelling reason to make a modification to your child support order.

While not always, but at times, it is possible to request a modification to the original child support order. This is no easy task, but situations in your life may meet the criteria for such a request. With support and proper direction, you may be successful.

It is important to remember that you need more than just a verbal agreement with the other parent if you decide to pay what is contrary in the written order. A future dispute with the other parent may prove to be an unfavorable outcome for you if there is no legal change to your support orders. Even if there is a new written agreement, be sure that you have the judge sign the agreement so the current order reflects the newly agreed upon amount.

Let’s take a brief look at the beginning process of modifying a child support order and what information you will need to tackle the challenge ahead.

  1. You may be able to request modifications to your child support order if your job has been lost or your financial situation has changed negatively. If you simply feel your child support order is unfair or unreasonable, you may seek a modification, as well.
  2. It will be necessary to file the appropriate paperwork with the desired modifications. In the event that changes are not agreed upon between the parents, you will have the opportunity to present your case to the judge.
  3. A modification to child support orders can be permanent or just temporary; this will depend on the circumstances surrounding the reason for the request.

Child support obligations can be financially taxing, and you have the right to request a modification if your finances change. It is always a good idea to seek legal advice and guidance to ensure you take the appropriate course of action. There are many lawyers who specialize in custody cases, and most of them have an extensive amount of knowledge relating to child support orders. You can speak with one of these lawyers to see if you have a favorable case to present to a judge.

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.

Three Things To Pay Attention To During Divorce

The decision to get divorced is followed by the need to make several other decisions. The divorcing couple will need to figure out who will have primary custody of the children or whether the kids will split their time equally between mom and dad, which bills are paid by which party, how to divided marital property, and any other issue unique to the situation. In most cases these important issues are not resolved between the litigants, which is why the judicial system is needed. The Court bears the responsibility for making final orders on all of the things that arise during a case, and it is the job of each party’s attorney to advocate for what is in the best interests of their client. In order to make sure the final results in your case meet your needs it is crucial to fill your attorney in on all of the facts.

When discussing the issues in your divorce that require resolution, pay special attention to these three things:

  • Property division and how certain pieces of property are characterized. If there are some things you have your heart on keeping because they were gifts, a family heirloom, or something you owned prior to getting married you need to make sure that item is classified as your separate property. Generally speaking these types of things are yours to keep, and not subject to distribution by the Court. You may be required to show that a certain piece of property is your separate property and that it was not part of the marital estate in order to keep the item, and this could require a fact intensive inquiry into when and how you acquired the property. It may also be necessary to show that you have maintained the property separately and not commingled it with other things acquired jointly with your spouse.
  • Financial freedom is an important part of standing on your own two feet after divorce and for some cases this means spousal support is necessary for a period of time. If this is your situation it is essential that you make your needs known when developing a case strategy. Failure to resolve financial issues can leave you holding the bag for jointly acquired debts, or without the means needed for your daily expenses.
  • Child custody and visitation as well as how much child support should be paid must be addressed. If you have older children who are expressing a parental preference as far as where they live most of the time, the Court might take this information into consideration when deciding custody. If your kids are younger, you will have to be their voice and ask for an arrangement that makes the most sense for their well-being.

If you are able to articulate the issues that matter the most to you, your case will go much more smoothly. When meeting with an attorney, be sure to provide all of the information you have, so the lawyer has a complete picture of your needs.

For more information about what to expect during 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.

Sharing Children’s Expenses After Divorce

Child support is ordered as a set amount, but most orders also include language about sharing children’s expenses, such as medical co-pays, school supplies, clothing, extra-curricular costs and equipment, music lessons, and more.

It can be difficult to keep track of these additional expenses if you are the parent seeking to be reimbursed. Follow these suggestions for staying organized.

  • Have bills sent directly to your ex. This is easiest to do with medical bills. This avoids the repayment problem and makes your ex legally responsible to the medical provider, keeping you out of it. The only problem is if you ex doesn’t pay, the provider may refuse to treat your child until the account is current. You may also be able to do this with extra-curricular fees or sports teams costs.
  • Get separate receipts. If you go to Target to buy school supplies as well as toilet paper and window cleaner, get a separate receipt for the items your ex needs to reimburse you for. It will make tracking expenses easier.
  • Scan in all receipts that need to go to your ex. Keep the originals. Send the scans with a cover letter showing the detailed breakdown of the expenses and the amount due to you.
  • Keep a spreadsheet of all expenses. Mark when you send them to your ex and when you are reimbursed. This will allow you to see at a glance what you have not been repaid for.
  • Get estimates when possible. When large costs are looming, such as braces or the cost of a new musical instrument, get an estimate of the cost in advance and send it to your ex. This allows him or her to plan and is a very courteous way to show you want to work cooperatively.
  • Consider using an app. There are now several apps specifically designed for co-parents that allows you to create entries and attach receipts. You and your ex use the app together and can track expenses this way.

Call the Sampair Group to discuss your child support case. We are located in Maricopa County, Arizona and are ready to work with you. Make an appointment today.

Three Ways An Uncontested Divorce Is Different From A Contested Case

It might be hard to believe, but not every divorce case is contested. There are those couples out there who are able to agree on all of the issues in their case without conflict, and when that happens the path to divorce is much different than it is for a couple is not able to reach an agreement; on any issue. If you are able to come to terms with your ex without fighting, we recommend that you take the steps necessary to reach an agreement and then make sure your rights have not been compromised by having a qualified family law attorney review the details. It is always in your best interest to have a skilled legal professional make sure all of the I’s have been dotted and T’s crossed, even if you believe your ex engaged in fair dealing with you over the course of your negotiations.

What you can hope to gain by having competent counsel on your side, even in an uncontested case are these three things, which can be noticeably absent in a hotly contested divorce case:

  • A faster resolution to your case.
  • Less stress and emotional turmoil throughout the pendency of your action.
  • The possibility that you may not have to appear in Court or that your Court appearances are limited in scope and frequency.

We understand that not everyone is able to come to an agreement on all of the things necessary for a final divorce decree to be entered, and are here to advocate for you. But if you are able to work out the details on some of the issues, you will find that your divorce experience is not as terrible as what you may have originally imagined. If you are able to talk civilly with your spouse about how to divide property and other issues such as child custody and visitation you will have a leg up when you place your case before an attorney for analysis. For more information about divorce, both uncontested and contested, call our office. Let us put our experience to work for you today.
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.

How Divorce Impacts Your Health

Divorce has an impact on more than just your living arrangements. All aspects of your life can be impacted by a divorce, from your finances to your job, to your health. Coming out of a divorce with your health and emotions unaffected is an admirable goal. When you are healthy, job performance is at a peak and the way you interact with your children, friends, and family is positive. Thus, it is important to know what impact divorce has on your health.

A report on some of the current divorce trends and where the future of divorce lies explores this interesting topic. Here are some of the results:

  • The negative effects, socially and emotionally, divorce causes results in a higher mortality rate; at 23% more!
  • While this figure shows the majority of people cope well with the end of their marriage or relationship, a small percentage (10-15%) significantly struggle.

The study revealed more information is needed in the areas of genetics, social behaviors, and the role outside parties play is needed to accurately predict possible future impacts on health conditions due to divorce. For now, the answer lies in counseling and therapy, as well as a divorce proceeding that is not hotly contested. When you are in the middle of a contentious divorce, the health consequences include stress and anxiety. These conditions can lead to elevated blood pressure and the possibility of severe depression. In order to properly care for your children, and to take care of yourself it is critical to take deep breaths and let a professional help you. We can help ease the burden of divorce by handling the legal aspects and making sure the results are equitable, which leaves you free to focus on what matters most; your family.

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.