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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 stock options

How to Deal with Stock Options in an Arizona Divorce

Stock options are an incredibly complicated subject in even the best of times, much less during a contentious divorce. To ensure that your assets are protected and properly divested, keep on reading to learn more about stock options, what they are, and how they are handled during a divorce in the state of Arizona.

What Are Stock Options?

In the world of finance, a stock option is a contract that gives the owner the right, but not the obligation, to purchase or sell an asset at a specific price-point.  In the typical employer-employee relationship, this stock option is known as a grant. An option will be exercised at the moment that the employee in the relationship purchases the stock by following the options granted in the contract.

Options are granted for a litany of different reasons, but they always break down into either Qualified or Non-Qualified stock options.

  • Qualified Stock Options — A qualified stock option is also known as a statutory incentive stock option, otherwise known as the ISO. Taxes due on qualified stock options aren’t to be paid until the sale of the stock, when it was sold, and its corresponding tax rates.
  • Non-Qualified Stock Options — Taxing non-qualified stock options occurs after the value has been discerned from the established market, creating the income tax that is due when the grant is optioned.

Grants that are given, received, or exercised during a marriage will become a stock that has been exercised and as such will be distributed as a part of the community assets during the divorce.  These stock options can then be realized due to several factors about employment, financial compensation, or in exchange for a raise.

Consider how this might affect Silicon Valley employees investing heavily in startups, and we can quickly see how this becomes a point of contention during a divorce.

Distributing Stock Options During an Arizona Divorce

Arizona falls in line with many of the same state laws regarding divesting assets and stock options during a divorce. Like many other states, Arizona will distribute property resulting from the marriage only if that property was acquired during the marriage. Property that is available after the divorce has commenced is beholden to far trickier conversations.

Generally speaking, Arizona will treat stock options in much the same way that they do pension plans. As addressed through Brebaugh v Deane, 211 Ariz. 95, stock options must be further looked at to see the terms of their execution as well as when the grant would be paid out for potential future efforts, thus throwing a wrench into the entire conversation.

Unfortunately, there are no clear-cut answers when it comes to how a stock option will be dispersed during divorce proceedings. Depending on the court’s decision, and the case presented, the answer can go one of many directions. There are ways to maximize your chances at properly protecting your assets and that is through professional legal help.

The Sampair Group Is Ready to Help

To learn more about stock options and how they are distributed during a divorce, contact The Sampair Group for same or next-day appointments by telephone and video conference. The Sampair Group is made up of acclaimed family law attorneys who have represented thousands of Arizonans in their time of need.

With almost 40 years of legal experience, Attorney Patrick Sampair is ready to stand for YOU during your next legal battle.

 

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.

Inheritance and Divorce

When going through a divorce, a big concern for either party may be how it will affect inheritance you have received before and during the marriage. Generally, equitable distribution and community property distribution in divorce cases do not apply to property that a spouse has inherited from a third party during a marriage, as it is considered that spouse’s property alone. However, there are some things both parties should know about how divorce can affect inheritance distribution.

When analyzing the inheritance, the key questions are the size of inheritance, when it was received, how it has been used and the financial needs of the family (both parties and any children) at the time of the divorce. Each case depends on the individual facts and circumstances surrounding the inheritance.

A judge will consider what property a party owns separately, and what can be considered marital property. Marital property will be split equally, whereas separate property will not be split, but can still be shared in certain circumstances.

In deciding the difference of the property ownership, the judge considers how, when, why and under what circumstances the property was received. They will also look at how the property is being held currently (who’s name the property is under). Also considered in the case is what each spouse contributed to the property and how much they each use it. (Example: If the property is in the wife’s name, but the husband is the only one who uses it and maintains it, just as he would if he were a co-owner of the property.)

If inherited assets are held in joint names or used for the benefit of both parties and/or for the family, they will likely be considered joint assets when being divided by the court.

If assets were inherited shortly before the divorce proceedings began, they are less likely to be included in the matrimonial assets for division, depending on if there are other assets in the marriage sufficient enough to meet future needs of the couple or family.

One of the main considerations by a judge is the needs of the family, especially those of minor children. If the only way to meet those needs is by transferring inherited assets or assets deriving from them to the other party, the court will do so.

Inheritances and separate property are very big reasons for why couples should look into prenuptial agreements and always have an experienced Phoenix divorce lawyer on their side. There are many rules that apply to parties dividing property in the event of a divorce or separation case, especially when children are involved. Consult the advice of an experienced attorney at The Sampair Group today to discuss the circumstances of your case and what your legal options are.

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.

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 do you file for divorce after 24 years of being separated?

Question:

How do you file for divorce after 24 years of being separated?

My mother has been seperated from my father for over 24 years. She doesn’t know where he lives. The last known residence was a prison in St. John’s, Arizona. She is looking to get remarried. How do you get a divorce without the other party present?

Answer:

In order to obtain a divorce in Arizona, the Petitioner must serve the filed documents on the Respondent. In a case such as this, where his whereabouts are unknown, once she has done a diligent search to locate the other party, such as Internet, etc., if she is unable to locate him, she can serve him by publication in a newspaper. She does not have to succeed in locating him to get divorced, but she must make a diligent effort to do so.

The entire process takes about 120 days and many law firms, such as The Sampair Group can complete the process for a flat fee.

Congratulations to your mom.

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix divorce lawyer Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

Glendale Family Lawyers on Divorce and The Holidays

The holidays are usually a time when families get together for bonding and happiness in sharing the joy of the season. For those going through a divorce, the holidays may serve as a heartbreaking reminder of what is happening around them and how their world is so drastically changing. The time of the year that is supposed to be the happiest may feel the loneliest for you right now. But there are ways you can relieve the sadness, anxiety and feeling of being overwhelmed when going through the holidays during or after a divorce.

Keeping your focus on the kids can help keep your mind off of the big changes in your lives. During a divorce, your focus should always be doing what it best for your children, and since their world is changing too, you want to make sure they are not negatively affected by it during what should be the happiest time of the year for children.

If your divorce involves joint custody, plan out the details with your former spouse ahead of time in order to keep an organized schedule that is in the best interests of the children. Decide in advance which parent will get which days and times with the children, allowing room for them to attend holiday parties for both sides of the family and have the chance to celebrate the holiday with both parents as equally as possible.

Keep with family traditions as much as you possibly can, such as places you visit on Christmas Day or dinner dishes you make during the holidays. Doing so will ease the awkward feeling your children may get from such changes in their lives this season.

Simplify your holidays to prevent becoming too overwhelmed. No matter the time of year, a divorce will usually make you look at ways that you can simplify your life and the things you do, especially since your lifestyle has drastically changed, from where you live to your income. Take a look at the things you have always become so busy with during the holidays and work hard to prioritize and simplify them.

Make a budget and do not overspend. Remember, your lifestyle has now changed drastically. Work on giving gifts of time and attention to your friends, family and children. Focus on others to take your mind off of your own problems for even just a short while. The holidays are about enjoying your time with those you love, so keep busy by sharing with others and showing your thanks for their presence in your life.

The holidays are no doubt a very difficult time for those going through a divorce, and the process can be overwhelming and stressful. At The Sampair Group, our Glendale family law attorneys will make the process about protecting your rights and well-being. Contact us today at https://www.sampair.com/contact-us/ for a free consultation.

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Glendale Divorce Lawyers on How To Protect Your Business During A Divorce

Divorce is difficult on anyone when it comes to emotions and finances. But for anyone involved, it can become even more complicated when one or both of the spouses owns their own business.

When one owns a business, it becomes one of the most financially valuable assets in your name. For everyone involved in the business (managers, employees, etc.), a divorce can have an impact in some way or another. There are ways to minimize the impact of a divorce on a business, and some of them should be considered before divorce is even imminent, at the beginning of your marriage or when you first open the business.

Early Documentation and Agreements
Completing an operating agreement, or a partnership or shareholder agreement would protect the interest of other owners of the business if one owner were getting a divorce. These agreements would help them maintain more control of the business.

Legal Assistance
An experienced Glendale divorce attorney will be familiar with managing the personal and financial conflicts in divorce cases. Seeking legal counsel can help reduce the impact of divorce on your business.

Prenuptial/Postnuptial Agreement
A prenuptial agreement (signed before marriage) and a postnuptial agreement (signed after marriage) can predetermine how marital assets are distributed after a divorce, including a business. A prenuptial agreement is where the couple may decide ahead of time which portions of their business will be considered property that can be separated or what will be considered marital property in the unfortunate event of a divorce. A postnuptial agreement can help establish which portion of the business each spouse will get if they had chosen to become business partners after the marriage.

Financial Expert
If neither of the above agreements exists, the parties may be able to hire a financial expert, representing both of them, to value the business and help determine the best steps to take to keep the costs down when it comes to dividing assets.

To learn more about how you can take preventative measures for protecting your small business in the event of a divorce, contact a Phoenix divorce attorney at https://www.sampair.com/contact-us/ for a free consultation.