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What Is A Preliminary Injunction In A Divorce?

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.

image of phone screen with social media apps

The Impact of Social Media During Divorce

Social media seems to be everywhere these days. Just about everyone has at least one social media profile they use to keep in touch with people and to share information about their lives. However, these types of sites are still relatively new and many people don’t think about the negative impacts of the things they post, particularly when it comes to relationships. Understanding the impact of social media in terms of romantic relationships, especially when it comes to divorce, is essential to ensure you’re protected.

Social Media’s Impact on Relationships

Whether you’re married or just dating at the moment, social media can be both positive and negative for relationships, but few people think about the negative effects. Some of the issues that can arise in relationships as a result of social media include:

  • Infidelity — Social media makes it much easier for individuals to stray from their current relationship. Many people, women in particular, often find their inboxes filled with messages from members of the opposite sex who are clearly in relationships based on their profiles. These messages are often framed as a way to cheat without getting caught as easily.
  • Unrealistic Expectations — Many people these days are well-versed in using Photoshop, image filters and others methods of altering their pictures. It’s easy to forget this when you’re scrolling through social media and find yourself attracted to someone. If you do start a relationship with someone you meet on social media, you may have unrealistic expectations of how they look and how they live their life.
  • Distractions — Most people have gone onto social media at some point to quickly respond to someone, only to find themselves sucked into reading articles, browsing pictures or watching videos. Rather than spending time with their partner, they end up with their nose to their phone for far longer than they intended.
  • Insecurity — Social media is a breeding ground for insecurity. Whether you don’t feel your significant other is posting enough about you or they are commenting or liking too many posts from a member of the opposite sex, it’s easy to begin feeling jealousy when there’s no reason to.

How Social Media Impacts Divorces

Attorneys today are now using social media as a tool to help them win divorce cases for their clients. They can be used to prove income if you claim you can’t pay child or spousal support or may even contain evidence of cheating. It’s important to remember that anything you post can, and most likely will, be used against you, so it’s essential to be careful about what you post, especially if you’re going through a divorce case. Never post anything illegal, such as drug use, even if you’re just joking around with your friends. If you do spend money, keep it off social media. The last thing anyone needs is to be painted as a reckless spender. Never bad mouth your ex, even if you have good reason to. The key in child custody cases is to be diplomatic and present yourself as capable of being neutral for the children’s sake. Finally, if you do have a new significant other, hold off on making an announcement and posting pictures until after your divorce is finalized.

image of divorced couple splitting property

How Does Community Property Get Split Up During a Divorce?

An Introduction to Community Property Division

Divorce can prove a remarkably traumatic and messy experience even when everything goes about as smoothly as you might realistically hope. The division of property that you and your spouse have shared for years, however, can seem especially tricky, often introducing fresh grievances or re-igniting old ones in the process. You may have additional problems dealing with Arizona’s adherence to the principle of community property division. Let’s examine this method of divvying up assets between divorcing spouses so you can gain a better understanding of how it works, what problems it might entail, and how to ensure the most satisfactory possible outcome.

Community Property vs. Equitable Distribution

Most U.S. states use a method known as equitable distribution to determine who gets what in a divorce case. In equitable distribution, the court has full power to distribute assets based on its interpretation of what’s fair to each party. Depending on such variables as which spouse earns the lion’s share of the household income, spends more time looking after the children, or both spouses’ potential earning power, the court may then award a spouse anywhere from one-third to two-thirds of the overall marital assets.

Nine states, including Arizona, currently break this trend by dividing marital assets according to community property rules. (In Alaska, however, community property is treated as an option, not a requirement.) This means that the marital assets are divided 50/50 regardless of the roles played by each spouse in the marriage. The court has far less power over the awarding of assets, although it does retain some say over what constitutes an equal split. Your share of the community property may include assets that you don’t especially want while depriving you of others that you genuinely prize.

Separate Property vs. Community Property: What Counts as Which?

Community property doesn’t place everything you and your spouse own into a single lump — instead, it applies specifically to items that you purchased during your marriage. Exceptions to this rule include property acquired separately as a gift or inheritance, as well as any property acquired following a petition for divorce that results in an actual divorce decree.

Certain assets are considered separate property, placing them outside the bounds of the divorce settlement. These include any real estate or other property you acquired before getting married, as well as any rent or other additional value generated by that property.

The First Step: Complete Disclosure and Initial Assessment

You and your spouse (with the aid of your respective attorneys) can iron out much of the confusion over your community property division before the matter ever goes before the court. First and foremost, both of you must disclose everything you own, from pets and jewelry to cash, cars, and homes. Attempting to shield any of your assets by excluding them from the community property inventory will only introduce costly, upsetting complications to your divorce. Once you and your spouse have listed every asset you can think of, you’ll need to figure an estimate of value to help the court decide what makes for an equitable division.

Business, Home, and Debt Division 

If you started your own business or purchased a business before your marriage, that business remains wholly yours as separate property. However, the court may decide to award your spouse a percentage of the business’s appreciation in value, or even an outright percentage of the business itself, if your spouse contributed to the business’s success either financially or through hard work.

A home purchased before marriage, with the deed in your name alone, remains your separate property, giving you the right to ask your spouse to vacate it. However, if you both hold joint title to the home and your spouse serves as your children’s primary caregiver, your spouse may actually be the one who continues to live on the property.

Community property includes debts as well as assets. Debts are typically considered the problem of both spouses equally, regardless of who incurred the debt or whether the debt was incurred before the marriage.

Don’t go it alone when pursuing a community property divorce. Contact our firm to speak to a skilled Arizona divorce attorney.

 

Child Support Modification for Children Who Are Graduating

Most child support orders are designed to help support a child and pay for their needs up until the point of their high school graduation. Beyond this point, parental support is typically voluntary, leaving many divorced and separated couples facing child support modification to change the amount they pay or stop payments altogether once a child reaches this point in their lives. Because this process can take a little time, it’s often best to start it before the graduation date to ensure it goes into effect at the proper time, rather than being delayed further. However, it all depends on the specific situation whether you will need to take action with the courts.

Automatic Termination

If the current support order covers only one child or the youngest child is graduating, the termination of child support is automatic under Arizona state law. This automatic termination takes place as soon as all conditions of the court order are met. This is typically once the child reaches the age of 18 and graduates from high school. If the child turns 18 prior to graduation or turns 18 after graduation, termination takes place at the time the second requirement is met. No specific action to end the child support is needed and there is no need to hire an attorney to file for this. However, this doesn’t mean you won’t have to take some actions related to the child support. In fact, if child support is currently garnished from your wages, you may need to file to stop the garnishment.

Changes to Child Support

In contrast, if you must still pay child support for younger siblings, there are no automatic changes that will be made to the child support amount simply based on one child turning 18 and graduating from high school. This means you will need to file a modification through the courts in order to adjust the amount appropriately. Under Arizona law, any requests to make changes to the existing child support order cannot be set retroactively. This means if you don’t file for the adjustment in a timely manner, you will likely end up paying the additional child support for a period beyond when you should. That’s why it’s best to talk to an attorney as soon as possible to determine the most appropriate time to file to ensure the changes go into effect at the right time. Changes can go back to the time the other party is served with the request.

Once you file for a modification of the existing child support order, the court will determine how much you should be paying for the number of children who still fall under the support order. The court will look at the number of children, the amount of money the parties in question make and other factors in accordance with the Arizona Child Support Guidelines. Contrary to what some people believe, the amount doesn’t simply go down by what would have been paid for that individual child. Because circumstances have likely changed since the order was set or even last reviewed, the court will look at all factors to make a determination. While child support may go down in many cases, this isn’t necessarily true. For instance, if you have gotten several raises and are making significantly more than you were when the order was set, there is a possibility you will be ordered to pay just as much as you were previously or perhaps even more. Be sure to talk to your lawyer about any potential factors that could change how much you owe so you are prepared for the outcome you’re most likely to receive.

Contact a Lawyer

Many people feel a child support modification is an easy process and won’t require the assistance of a qualified family law attorney. However, this isn’t necessarily the case. Even if you don’t end up using a lawyer to handle your case and end up filing on your own in the end, consulting with one can help you evaluate if it’s worth pursuing the modification or if it is best left alone. While it’s important to fulfill your financial obligations to your children, it may be best to leave the amount as it is, rather than pursuing a modification that could result in owing more.

Contact the professionals at the Sampair Group to discuss Arizona child support guidelines and how they apply to your case.

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.

Is Your Behavior The Reason For Your Divorce?

In any marriage there are a number of things that could potentially hurt the relationship to the point of separation and divorce. Avoid the following behaviors to improve your chances of a long-term, healthy marriage.

Ignoring Issues
Unexpressed feelings will only eventually build up over a period of time, turning small annoyances into very big resentments, which then leads to very heated arguments. The bigger the problem gets, the more likely each partner is to stop trusting the other, and calm communication becomes very difficult to have. To avoid this from happening, bring up and deal with issues as they come up. Confront them in a calm manner and work on them together.

Not Spending Enough Time Together
In order for a marriage to work, you need to give yourselves times to connect with each other. The less you do this, the more disconnected and distant your relationship will become. Prioritize outside factors that may be affecting your relationship, such as a job, friends, hobbies, etc., and be sure that you are working hard to make time for your partner. Go for a walk, agree to a date night, or just spend a couple of nights a week sitting around talking to each other. You may be surprised at how parallel your lives had become if other things from your busy schedule were getting in the way of your marriage.

Communication Problems
Being able to resolve issues effectively is a big factor in making a marriage work. But if you can’t approach your problems in a mature way, it’s not going to help anyone. Being passive-aggressive or slamming the door and leaving as response to an argument is not the way to go. This will give your partner the feeling of abandonment and they will feel as if you don’t care enough about the marriage to effectively handle issues that come up, no matter the nature of the conflict. To avoid this, both partners need to work together to resolving issues in a way that will meet the needs of both of you.

Invalidation
When an argument gets intense, a spouse may fall into the terrible habit of discrediting or weakening their partner as a quick reaction. Oftentimes, they will objectify their spouse or focus on only their negative characteristics as a way to destroy their self-esteem. Most partners react this way without thinking first, but that is no excuse for how it can negatively affect a person’s emotions both long-term and short-term. To avoid doing this, try and stay calm during all arguments, no matter how angry you may be. Staying calm with help you stay rational under the heat of anger and intense emotions.

Sometimes even avoiding these behaviors isn’t enough to prevent divorce. 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. 

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.

Protect Your Financial Future After Divorce

Divorce is one of the most stressful and emotional transitions you can face, and can often come with financial surprises. It is important to prepare for your financial future so the burden does not haunt you until retirement. Here are some ways to protect your financial future after divorce:

Financially preparing for the divorce and separation as soon as possible is the best way to go. Make copies of important documents such as pay stubs, tax returns, financial account statements, life insurance policies and loan documents and agreements, and begin organizing all of this information. Start tackling your finances during the divorce process, not after. Get separate bank accounts and credit cards, and be sure to cancel all joint credit cards and accounts. This way you can establish your own credit history and will not be held responsible is your ex-spouse fails to pay any credit card bills. As you negotiate the divorce, be sure that the mortgage, utilities and other bills get paid on time so you are not penalized.

Create a new budget for yourself for after the divorce. You will have less monthly income to use in your current lifestyle, so decide what kind of changes you need to make in order to better afford the single life. Consider expenses such as household, automobile, children, insurance, and other debts. Even if it’s in the divorce agreement, you can’t always count on your ex-spouse to pay the amount they are supposed to, or pay on time, so it’s important to know where you stand financially. Building an emergency fund from any cash you receive from the divorce is a great way to protect yourself from financial surprises or emergencies. This fund should equal 3-6 months of your living expenses for enough cushion during financial hardships. Having an emergency fund will also prevent you from racking up credit card debt.

Consult with a Phoenix Divorce Lawyer at The Sampair Group to discuss protecting your real assets such as cars, real estate and personal property. It is rare that couples in a divorce get a fair settlement when it comes to assets, so you should seek to resolve the splitting up of assets as fair as possible. Seeking outside counsel is also important when it comes to medical insurance. It is very important to discuss coverage for you, and any children involved, after the divorce. As for social security, you are entitled to 50% of your spouse’s benefits if you were married for at least 10 years if that amount is greater than your own benefits. This applies even if your ex remarries, but not if you do.

Be sure that you revisit and evaluate your beneficiaries. If you do not remove your former spouse as your primary beneficiary on retirement and investment accounts, they will receive all of that money in the even of your death. These policies must be changed themselves, as just making changes on your will does not protect these funds.

How to Be An Excellent Divorce Client

How you are as a client is just as important as how your attorney is as representation for you during such a difficult time. The Phoenix Family Law attorneys at The Sampair Group know that there is rarely a ‘nice’ divorce, and proceedings can create a great amount of stress on all participants. Attorneys and clients usually have a love/hate relationship during the legal battles of divorce. To prevent high stress and tension, which could lead to a bad relationship between a divorce attorney and their client, there are some simple rules of behavior that you, as the client, can follow so that you can both come out of this case with enough financial and emotional resources to start a new life.

Be Organized and Keep Record
When meeting with your attorney, be sure to have all questions you have for them prepared ahead of time. Make sure you have a goal and agenda for each meeting with your Phoenix divorce lawyer so that all topics are covered and you leave the meeting feeling confident that your problems are being addressed and taken care of.

Despite the anxiety and stress you are experiencing during the divorce, it will only feel worse if you are unorganized. You will also feel more in control if you keep track of your own records and everything that is going on instead of depending fully on someone else to do it for you. Documents should be labeled, stapled and assembled in an orderly fashion before you give them to your attorney. This will save them time and money and give them more time to focus on you and your case.

Keep a detailed diary of all significant events that pertain to your case, and share copies with your attorney. These can be used in preparing testimony for your case and addressing issues in a more effective way.

Don’t Annoy Your Attorney
Continuously calling and emailing your lawyer for non-legal problems related to your case can end up costing you, and will also result in a very annoyed attorney. Most attorneys charge by the hour not just for physical visits but also for phone calls, emails, and other forms of communication. If you must call for legal assistance, have all of your questions prepared at once so you are not calling every day with a different question or concern any time one pops into your head. Also, any non-legal issues may want to be address with someone other than your lawyer such as a therapist or family member.

Be Realistic
Have reasonable expectations that not everything is going to go your way. Listen to your attorney and the advice they have for you to resolve the issues surrounding your case. A good divorce attorney will work with you as a team to make the process as fair as it can be, and to work effectively with them you need to determine your unrealistic goals up front so there are no disappointments. Also be sure to remember and constantly remind yourself that divorce is a long process, and results will not be reached immediately. Be patient with everyone involved, especially your divorce attorney.

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. 

Types of Spousal Support

Alimony, also called spousal support/maintenance, is financial support from one spouse to another based upon the financial situation of the supported spouse at the time of the divorce proceedings. There are four main types of alimony that can be awarded.

Temporary Spousal Support/Alimony
Temporary spousal support is given when the parties are separated and the divorce is not yet final. This type of support is provided so that the spouse can maintain his/her lifestyle between the time of separation and divorce. It is necessary due to the length of time it could take before the final divorce decree is issues and a permanent alimony award is given. It is up to the discretion of the court as to whether an award of temporary alimony is warranted.

Rehabilitative Spousal Support/Alimony (Short-Term Support)
Rehabilitative spousal support is award for a short period and is used to support the spouse during a period of retraining or re-education for re-entry into an education or job experience, enabling them to become more self-sufficient. This kind of spousal support is normally set for a fixed period, and the parties can agree to a time line. If they cannot agree on one, the court will mandate one for them. If you are the one receiving the rehabilitative support, you want to be sure that your final divorce decree states that the need for spousal support is subject to later review, which allows the courts to look at the facts of a case and determine if the support should be continued, discontinued, or modified.
The courts are more compelled to award this type of alimony when a spouse seeking it has potential for establishing a viable career in the near future.

Permanent Spousal Support/Alimony (Long-Term Support)
After a long marriage, generally longer than 10 years, permanent support may be granted if the judge concludes that the dependent spouse will most likely not go back into the workforce and will need indefinite support. Permanent may end if either the recipient or payor dies, or if the recipient remarries. In some states, it ends if the recipient begins living with another person in a marriage-like relationship where the couple provides mutual support and shares financial responsibilities.
Permanent alimony becomes effective on the day of the final dissolution of the marriage. It can come in various forms:
– Periodic payments (monthly)
– Lump sum payments
– Annuity payments
– Trust payments
– In-kind payments (i.e. making direct payments for services)

Reimbursement Spousal Support
This is the only type of spousal support that is not fully based on financial need. It is instead a way to compensate a spouse who had sacrificed education, training or career advancement during the marriage by taking any job that would support the family, while the other spouse obtained a more profitable career. Reimbursement support ends whenever the agreement or court order says it does. The termination of this type of spousal support is generally not tied to an event such as the supported spouse finding work or remarrying.

If you are in the middle of divorce litigation and need guidance for spousal support, contact an experienced Glendale divorce lawyer at The Sampair Group today.