The Benefits of a Prenuptial Agreement

When you get married, the last thing you want to think about during this happy time of your new life is the “what if’s” of if the marriage doesn’t work out. But for many couples, a prenuptial agreement can be a wise decision to make. If you and your significant other decide to formulate a prenup before tying the knot, it is important that you each seek legal advice. The family law and divorce attorneys at The Sampair Group know the benefits of a prenuptial agreement and will guide you through the process to make sure that your agreement is consistent with state laws and is fair to both parties. There are many benefits to a prenup agreement, and it can often be a win-win for everyone involved if the marriage were to not work out.

Preserves Property and Assets
Through a prenuptial agreement you can preserve property and assets that you attained prior to the marriage. This could also include the obligation to support children from a prior marriage, and for many other reasons.

Certainty
A prenuptial agreement lays out all of the arrangements and understandings that the spouses can agree upon before marriage. This formal agreement helps both parties know what to expect so they won’t have to worry about what will happen in terms of assets, finances, etc. in the event of death or divorce.

Protecting Debt
A prenuptial agreement can protect the assets of one spouse from being used to satisfy the debts of the other party that they may have built up prior to the marriage.

Minimize Divorce Drama and Costs
When you sign a prenuptial agreement, it leaves less room to fight about assets and other aspects of the divorce. It has all already been set out by you beforehand and agreed upon between your spouse and yourself, resulting in less stress if anything happens to the marriage. Divorce can be costly, and a prenup can also help minimize the monetary damage.

Family Members
Family members of each spouse can also be protected through a prenuptial agreement. It will ensure that family members receive (or don’t receive) marital property in the case of death or divorce. This is commonly used to protect the interests of children from a previous marriage.

Protect Family Business, Heirlooms
When there are children from a previous marriage, keeping family heirlooms out of the marital estate can be important. A prenuptial agreement can ensure that they are kept out of the marriage and provided to the person(s) they are intended for. A prenup can also keep control of property that belongs to a family business.

Divorce paperwork and agreements can be difficult and messy, so it is important to seek legal guidance when deciding if one is right for you and your spouse. Contact the divorce attorneys at The Sampair Group today for more information.

Tips For Keeping Your Divorce Out Of Court

Getting a divorce doesn’t always mean that your case will go to court. Court should actually be seen as a very last resort if you and your spouse absolutely cannot sort out certain things in the divorce, such as dividing assets and child custody.

Keeping your divorce out of the courtroom is one of the best things you can do to make your divorce less costly, time consuming, and emotional. Even though there are certain documents that must be processed through a court, your entire case doesn’t always have to. There are many other steps you can take to lessen your chances of ending up in court:

Collaborative Divorce
This is when both parties will sign up to a non-confrontational approach to coming to agreements. Collaboratively trained lawyers will be assigned to each, and there are then a series of 4-ay meetings with each party and their legal representation. The purpose of these meetings is to go through the details and reach agreement by negotiation.

Mediation
Both parties meet with a trained mediator who’s primary role is to listen to the difference of opinion from each side and help the two of you find ways to resolve them. Once a solution has been found, the necessary legal documents will be drawn up so the agreement is legally recorded.

Don’t Fight Over Little Stuff
There are likely many things that you and your spouse argue about that are surely less important than some of the things in the big picture you could be paying more attention to. Stop fighting over who gets to keep the family dinner table and start worrying about how each of you will play a better role in your children’s lives after the divorce.

Put the Kids First
When you focus on what is best for the children, you can both try and put aside your own feelings of hurt or anger toward each other and remain calm in coming to a solution for what is best for your children, short term and long term.

Be Realistic
Be reasonable in what you expect from a settlement and don’t lose it if things don’t go exactly your way. Be willing to compromise.

Understand Your Options
Court is not the only answer, and a lot of people don’t understand this. Be clear with each other on what you are trying to achieve, and go from there.

Going through a divorce is an extremely difficult transition, especially with the added stress of how to settle things outside of court. The Phoenix divorce attorneys at The Sampair Group can help ease this stress by helping you find productive ways to get what you deserve out of your case, while keeping it out of court. Visit www.sampair.com today for a free consultation.

The Impact of Divorce On 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.

Do Assets Need To Be Divided During a Divorce?

Divorce is so complicated because it involves complex financial calculations and formulas. The actual ending of your relationship to each is quite simple. Divorce takes so much time and money because the assets and debts of the marriage must be divided and often there are important issues regarding children. You may wonder then if it is possible to divorce without dividing up assets. Understanding what can happen to your assets during a divorce is important.

In general, with certain important exceptions, any assets or debts acquired during your marriage by either of you are community assets and debts.They belongs to both of you and must be divided in the divorce. The ownership of community propertymust be addressed in your divorce (the exception to this would be if you have had a marriage of very short duration and have not had time to acquire any community assets or debts).

You don’t need to go to court to have this division occur. You and your spouse can create a settlement agreement on your own.Decide how you want to split everything up. If you agree, it’s a fairly simple matter for your attorney to draft the divorce papers and move your divorce through the courts quickly without undue delay. Even if you can’t decide on your own, an attorney or mediator can help you quickly divide everything so that your divorce can move forward without contest.

Some spouses keep things completely separate throughout their marriage, never putting two names on any asset or debt. Although these items are legally community property, this can simplify your divorce if you agree that each will own or be responsible for assets or debts currently in the spouse’s own names.

The Sampair Grouphandles divorce and family law cases in the Mesa, Phoenix, and Glendale areas of Arizona. Our attorneys are uniquely qualified to handle your case with attention to detail. Call our office to schedule a convenient appointment today.

Annulment Laws in Arizona

Having your marriage annulled is not the same as getting a divorce. A divorce ends a valid marriage while an annulment states that the marriage was never valid and, therefore, never existed. Annulments are not favored in Arizona and the case may be dismissed if there are no grounds for an annulment. While annulments are harder to get in Arizona than a divorce, they are not impossible.

There are several valid reasons for requesting an annulment: underage marriage, mental illness, bigamy, fraud, temporary insanity at the time of marriage, intoxication at the time of marriage, incest, duress, or one or both parties failed to consummate the marriage. While this list is not complete, these are the most common grounds for an annulment. Once the reason for annulment has been identified, it is recommended to utilize the resources of a family lawyer, like those at The Sampair Group, in order to properly complete the process.

Paperwork will need to be filed at your local courthouse before an annulment can continue. Your family lawyer will be able to help you correctly fill it out. A judge of the superior court will then review the case to decide if the reason for an annulment is valid. If it is, the marriage is then null and void. However, if the judge decides against an annulment, it’s not the end of the road. The party asking for the annulment can file a petition. Both parties will be summoned to court where testimonies will be heard in order to come to a conclusion.

Often, people think an annulment brings their paternity into question. In the eyes of the court, the child or children are seen as being born to two single parents if the marriage is annulled. Under Arizona law, the courts have decided that parents of children who are born outside of marriage have co-equal custody following the established paternity.

If you find yourself considering an annulment, the family lawyers at The Sampair Group can help. Any legal matter can be confusing and we would like to help you to better understand the annulment process. Visit www.sampair.com today for a free consultation.

Should We Stay Together For The Kids?

After many years of marriage, the stresses may seem to increase with each year passing. You and your spouse may be at the breaking point where you are pondering the idea of divorce, but knowing how it would impact the children may stop those thoughts. However, it is also important to wonder if staying together for the children is any better.

There is no clear answer to how to approach this situation, and each circumstance is different. It’s important to think about the children’s best interests. Are they better off in a home where their parents are constantly fighting and are unhappy most of the time or would they benefit more down the road if mom and dad were not together, but they were each happier?

Staying together “for the kids” certainly comes with risks. If you are miserable in your marriage, your family may be loaded with arguments, anger, frustration and pain. If you are a couple that cannot be civil or handle conflict rationally with each other, your child may learn these bad parenting skills and be negatively impacted by them.

Another risk that comes with staying married for the sake of the children is that your child may be neglected while you and your spouse are wrapped up in their own conflicts. It may be physical neglect, such as the parents completely check out of parenting, or it may be emotional neglect, and the parents may not show up together for the child’s important events or may try and alienate the child from the other parent.

If you and your spouse cannot co-parent effectively while living in the same household, you may want to rethink the situation and realize that co-parenting from separate homes may be what is best for your child.

There are times, however, when the child will benefit if the family stays intact, even if the parents are no longer in love with each other. Co-parenting under the same roof is better as long as each parent can stay civil and keep the children out of their arguments and conflict.

For more information on child custody and family law, look to the Glendale and Phoenix family law attorneys at The Sampair Group.

Back to School Tips for Divorced Parents (Part 2)

Continued from Part 1

Always Help With Homework
Even if you are not the custodial parent, try to have your kids do their homework with you. This is helpful so you know how they are progressing in school and help with any big projects they may have.

Plan Out The Year
Sit down with each other in the late summer a few weeks before school begins to lay out a schedule and other plans on a calendar to plan the entire school year. Don’t forget to include on this calendar any sports or other school activities that the child will be a part of. The more organized you are, the less confusion and stress there will be.

Buy Extra
Buy duplicate used schoolbooks so the child has one at each home. This way they don’t have to constantly remember to bring a huge load of books from one place to another.

Divide Duties
Before school begins, decide which parent will be responsible for the different parts of getting your child ready to begin, including who will buy school supplies, back-to-school clothes, etc. You should each be pitching in the same amount of time and money.

 

Back to School Tips for Divorced Parents (Part 1)

Co-parenting is a full time job in itself, and adding a school schedule into the mix doesn’t make things any easier. As a divorced parent going through these struggles, it is also important to know that the start of the school year is just as stressful for your children as it is for you, if not more. But there are plenty of ways to make the back-to-school experience easier for your children and both parents.

Communicate
Keep up with constant communication with your ex-spouse about all school activities, correspondences and any other information regarding your child’s schooling. Both of you must always be in the loop equally. Never use your child as a form of communication between the two of you.

Scheduling
Make sure to coordinate each of your schedules so that it is guaranteed that your child will have a ride to/from school or to other school activities.

Keep Teachers In The Loop
Be sure that the school has record of both parents taking care of the child separately, in case of emergency. Also, if there is one parent that is not involved, be sure to inform the teachers. This can help them avoid any embarrassing situations (i.e. inviting a child to a “Dad’s Day” event if their father is not in the picture.)

Keep It Simple
Some children may be confused about how to explain their situation to their friends. Simply tell them that they can explain that sometimes they live with mom, and sometimes they live with dad.

Read more in Part 2

 

The First Steps To Divorce In Arizona

In Arizona, divorce is also called “dissolution of marriage.” To begin a divorce proceeding, there are several steps one must take.

When you decide to file for divorce, it is important to immediately contact an attorney. The Phoenix divorce lawyers at The Sampair Group know that this process can be stressful and emotional from start to finish, and will be there to assist you through every step.

First, the party filing for divorce must file a petition in Superior Court, in addition to a filing fee. The petition includes certain facts about property rights, spousal maintenance, child custody and child support along with any other rights that are related to the marriage.

In addition to the petition filed in Superior Court, you must also submit a sensitive data sheet, which includes private information about each party involved in the divorce along with any children from the marriage. This document may include sensitive data such as social security numbers of all family members. It is kept sealed by the court so the general public cannot access the information, preventing fraud or other means of using that type of data.

A creditor notice must also be included in the petition. Each spouse will receive a notice from creditors regarding their rights and responsibilities for debt that was incurred during the marriage.

A joint preliminary injunction must also be filed, which is through an order of the court that takes effect as soon as the divorce proceedings have begun. This injunction prohibits either spouse from transferring assets, selling property, changing insurance policies or taking any other actions that may impact how community property is determined or allocated.

Each spouse will also receive notice of their rights and responsibilities about their current healthcare insurance policies and how the divorce will impact that.

A summons is one of the most important documents to file in a divorce process. This legal document informs the responding party that a divorce case has been filed involving them. The summons requires a response in 20 days if the respondent has any input regarding the divorce.

To make sure you are taking the necessary and lawfully required steps to filing for divorce in Arizona, contact a Phoenix family law attorney today.

Signs Your Spouse Is Planning to File for Divorce

divorceMany people feel blindsided when their spouse files for divorce. You may know that your marriage isn’t perfect, but a divorce can certainly take you by surprise. What are the signs you should look for that may show your spouse is getting ready to file?

–        Your spouse has a lot of private calls and emails. People who are getting ready to file for divorce often spend a lot of time hashing it over with friends and family, necessitating a lot of private communication.

–        Suddenly your spouse opens a separate bank account or credit card. This is a classic sign of an impending divorce. Your spouse may start siphoning off marital funds so he or she has access to them during the divorce.

–        Your spouse steps up his or her parenting. If your spouse was not very involved before but suddenly is going to your child’s games, signing homework, and communicating with teachers it could mean a divorce is coming. This creates evidence of his or her involvement which can be useful in a custody trial.

–        There is a sudden downturn in your spouse’s pay or a reduction in profits in a business he or she owns. This is a common ploy to try to reduce the amount of spousal or child support.

–        You’re asked to sign forms that re-characterize ownership of real estate or assets or which clarify gifts or inheritances your spouse received. This can be an attempt to rejigger marital assets.

–        Your spouse seems to have developed a new vocabulary of legal terms. This is a good sign he or she has seen an attorney or has been doing online research.

The Sampair Group is ready to protect your rights in your divorce or family law case in Glendale, Phoenix and Mesa, Arizona. We’re here to help you through your divorce. Call us now.