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5 Divorce Regrets You Can Try And Avoid – Before A Divorce Happens

It’s often true when people say that they didn’t know what they had until it was gone. Hindsight is 20/20, and that couldn’t be truer after divorce. Unfortunately, you aren’t able to pinpoint the problems in your marriage until after it is too late and one of you has already filed for divorce and started the divorce process.

Studies have shown that these are some of the most common regrets of their marriage that people realized after they got divorce:

Not showing enough love and care.
It’s the little things that go a long way, and many people will realize after a divorce that they should have maybe put a little more effort into the little things, such as showing love, support, and helping to keep things interesting in the relationship even just by holding hands or complimenting your spouse.

Making money matter the most.
Money is a big source of conflict that can lead to divorce. Before letting it become a problem, talk money more often, and not just when it’s important such as tax time or when bills are due.

Not letting go of the past.
In order to maintain a healthy relationship with your spouse, you need to let go of the past. This includes getting over your jealousy of their past relationships or something from your own childhood that is causing issues in your marriage such as difficulty trusting others, your spouse included.

Playing the blame game.
Try your best to resist the urge to blame your spouse for every problem in the relationship. If there is a problem, ask your spouse for their perspective and discuss the problem in an effective way together.

Communication problems.
Lack of and problems with communication are very common reasons for marriages going into a downward spiral. Practice active listening in your marriage and listen to what your spouse is trying to say to you while effectively communicating back with them that you are listening.

Sometimes practicing these things will prevent you from having to reach the point of finding yourself in divorce court, but there are some problems that just cannot be fixed and action needs to be taken for the best interest of everyone involved in a marriage. For the best legal representation in family law and divorce, The Sampair Group can help. Visit us today at www.sampair.com for a free consultation.

Military Divorce in Arizona

Comparable to a typical civilian divorce, an Arizona military divorce involves several different and unique issues since state and federal laws and rules apply.

These laws are in place to protect the rights of military personnel and civil laws, combining Arizona divorce laws and military laws.

Military Divorce Protection
In Arizona, there are laws that protect active duty members from being held in default if they fail to respond to a divorce action. This prevents the personnel from being divorced without their knowledge, especially if they are not in the country and serving in a war.

Serving an Active Military Spouse
An active duty spouse must be personally served with a divorce summons and a copy of the divorce action. If this does not happen, the Arizona court cannot have jurisdiction over the active military member. If the case is uncontested, the active duty spouse may not have to be personally served as long as they sign a waiver acknowledging the divorce action.

Requirements/Grounds
In order to file for a military divorce, the military spouse or their spouse must reside in Arizona, or either of you must be stationed in Arizona. The grounds for military divorce are the same as civilian divorce.

Property/Benefits
Division of property in a military divorce follows the same laws along with normal Arizona property division laws. Under these laws, the federal government has enacted the Uniformed Services Former Spouse’s Protection Act (USFSPA) that governs how military retirement benefits are divided and calculated in the event of divorce. This act governs the direct payments of a portion of the portion that military retirees will pay to their former spouse. Federal law will not divide the retirement funds unless the marriage lasted 10 years or longer while one of the parties was active duty military.

Child/Spousal Support
In the state of Arizona, child and spousal support cannot exceed 60 percent of a military member’s pay and allowances. Amount of child support to be paid is determined by regular Arizona child support guidelines.

If you are an active military member or your spouse is active military and you are seeking a divorce, contact the Surprise divorce lawyers at The Sampair Group. Visit us today at www.sampair.com for a free consultation.

High Divorce Rates in Arizona

Arizona HeartStatistics show that nearly half of marriages in the United States end in divorce. The divorce rate begins at about 41-50 percent for couples in their first marriage, and tends to increase for those who are in a second or third marriage.

Nationally, Arizona holds one of the highest divorce rates in the country. In studies by the U.S. Census Bureau and the American Community Study, approximately 10.8 out of every 1,000 men got a divorced in 2011, the national average for men being 9.2 per 1,000. For Arizona women, the divorce rate is higher with a rate of 11.9 out of every 1,000 women. The national average for women is 9.7 per 1,000.

This puts Arizona in the number 10 spot for highest divorce rates in the U.S. A study in 2008-2009 showed that there were more divorces in Arizona than there were marriages.

There are many reasons that can be attributed to Arizona’s increased divorce rate. Arizona is a no-fault state, meaning that neither spouse has to accept blame for the dissolution of the marriage and there does not need to be a specific reason for the divorce. This makes the process easier than it would be in states that require both spouses prove reason for the divorce, and it can be granted even one spouse disagrees.

The economy may also play a role in high divorce rates. Studies show that financial stress and crisis can lead to marital problems. Arizona has been one of the hardest hit states by the struggling economy.

Exactly why the divorce rates are so high, however, will remain a question with no definite answer. If you have found yourself in a happily ever after that seems to be ending, contact a Glendale divorce attorney as soon as possible. The lawyers at The Sampair Group will work with you to protect your legal rights in divorce litigation while looking out for your best interests.

Arizona Divorce Laws and Requirements

divorceIn Arizona, divorce is typically called “dissolution of marriage.” In this state, only the Arizona Superior Court can grant a divorce, when one spouse has started a case in the Court.

Either spouse can ask the court for a divorce, which simply changes the status of a marriage relationship. The court case to end a marriage must be started in the county where the person requesting the divorce currently resides.

Before the court case begins, it is required that either spouse has lived in Arizona for at least 90 days, or they must have been a member of the armed forces and stationed in Arizona for at least 90 days. Issues regarding child custody may require a longer residence time.

For most marriages, Arizona does not require that one spouse proves blame or responsibility for the dissolution of the marriage. The only question from the Arizona Court is if the marriage is “irretrievably broken,” meaning that there is no chance of reconciliation.

In a covenant marriage, wherein the couple has agreed to pre-marital counseling, there are several factors that may be considered as grounds for a divorce:
– Adultery
– Commission of a felony and imprisonment as a result
– Abandonment for at least one year
– Physical or sexual abuse
– Living separate and apart for at least two years
– Habitual drug or alcohol abuse
– Both spouses agree to the dissolution of the marriage

A divorce in Arizona Court cannot be granted until at least 60 days after the other spouse has been served with court papers. If the spouses are in agreement on the divorce and other issues such as property division and child support, the divorce can be finalized soon after the 60-day waiting period. If the spouses are not in agreement, the time it will take to finalize the divorce depends on the issues and how complicated they are, and how quickly they can be handled.

Every divorce case is different. An experienced Glendale divorce lawyer at The Sampair Group will look at the unique circumstances of your divorce and work with you to reach the best possible outcome. Contact us today for a free consultation.

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A Change of Heart After Filing for Divorce

stopgoYou have completed the first steps to filing for divorce, let the court into your personal life, and filled out more paperwork than you ever thought possible. Even after all of this, what if you and your spouse have each had a change of heart and no longer want to go through with the split? Whether you want to stop the divorce altogether or just put a pause on things, there are ways to stop and dismiss or postpone your divorce proceedings as long as both spouses agree to do so.

Reconciliation Periods
Some states hold legislative codes that allow for the possibility of reconciliation in the middle of divorce cases. These provisions allow for parties involved to abate (put a hold on) proceedings so the couple can take more time to decide if they want to continue the divorce proceedings or terminate the litigation altogether. If you do this, the order will preserve your already existing divorce complaints so there is no need to re-file if you and your spouse decide to proceed with the divorce. In Arizona, the court can order couples counseling, which puts the order on hold for four months.

Stopping the Divorce Proceedings
If you and your spouse are sure that you want to eliminate the divorce altogether and don’t want or need anymore time to think about it, all states in the U.S. allow you to dismiss your petition for divorce without providing a great deal of explanation. Both parties must be aware in this part of the process that they are voluntarily withdrawing their plead for divorce. In some states, you are required to file a motion for dismissal, which the court will then review before granting your request.

After a Decree
If the Decree of Dissolution of Marriage has already been signed and issued by a judge, it is too late to change your mind about the divorce. Your only option is to remarry. Some states require a waiting period after a decree is signed before a couple can remarry, even if it is your ex-spouse.

If you and your spouse are unsure of whether or not to proceed with your divorce, it is important to seek legal advice to explore your options. At The Sampair Group, our high conflict resolution attorneys take the time to get to know you and the circumstances of your case. Contact an experienced divorce attorney today for a free initial consultation.