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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. 

Does a Divorce Case End with a Spouse’s Death?

treesIn very rare cases, one of the spouses in a divorce may pass away before the case can be completed. What happens then? Are they divorced or married? Does the surviving spouse inherit from the deceased spouse? These are complex questions. In Arizona, if a spouse dies before the divorce is completed in most situations the couple is not divorced. Any orders that were put in place by the divorce are legally binding though, so if the court ordered spousal or child support and it was not paid, those orders are enforceable against the estate of the deceased. If all of the issues in the divorce were resolved or agreed to however, but not formalized at the time of death, the divorce may be implemented after the death by court order.

If the divorce is ended by the death of the spouse, the surviving spouse has the right to inheritance under the will if there is one, or under state intestacy laws, which grant a set percentage to a surviving spouse. The surviving spouse is considered next of kin for decisions involving organ donation, burial, cremation, and funeral services.  Note that although this is the way the law is applied, in these types of situations it common for the spouse to work with or hand over the decisions to other family members such as children or siblings.

If your spouse dies during the divorce, you will need to consult with your attorney about how to proceed with both the divorce matter and the estate case.

The Sampair Group provides experienced divorce representation in the Mesa, Phoenix, and Glendale areas of Arizona. Our attorneys are prepared to help you through any issues you may face as you move through your divorce. Call us now so we can help you.

Getting Your Spouse to Pay Your Attorney Fees

Divorce Attorney MesaThere are circumstances in which a court in Arizona will order your spouse to pay some or all of your attorney fees. Understanding this option can help make your divorce more affordable and make it easier to seek legal counsel.

In Arizona there are two situations in which the court may order your spouse to pay out for your attorney fees. If your spouse has far more financial resources than you do and he or she can afford an expensive attorney while you have no funds to cover legal bills, you are likely entitled to some assistance with your legal fees, so that both of you can have adequate representation in the case. The court wants to balance the playing field and make sure that the financial differences do not affect the outcome of the case.

The second instance occurs when your spouse’s behavior creates legal fees. You can ask the court to order your ex to pay your attorney fees any time your ex refuses to consider reasonable settlement attempts and forces the case to go into court. If you are willing to look at compromise and he or she is determined to drag the case out and not consider reasonable offers, the court may agree that you deserve to have your legal bills paid. The more unreasonable your ex acts, the more likely you are to receive compensation for your lawyer’s time. If your ex violates court orders or bring motions that are a waste of the court’s time, you can seek attorney’s fees for these incidents as well.

The granting of attorney’s fees is completely up to the judge’s discretion in each case. Talk with your attorney to determine if you are a good candidate for payment of attorney’s fees.

Divorce and family law cases are complex and emotional. Because of this you need a law firm that listens to your needs and then provides highly skilled representation. Make an appointment with the Sampair Group in the Mesa or Glendale areas of Arizona. Our attorneys are ready to work for you.

Questions To Ask Yourself Before Ending Your Marriage

The Sampair GroupMarriage is a life-changing event for not only you and your spouse, but for your children and other family members as well. Before calling it quits, the Phoenix divorce lawyers at The Sampair Group recommend asking yourself the following questions:

1. How Bad Is The Problem?
You need to determine if your problem is a “hard” problem or a “soft” problem. A hard problem would be if your spouse was abusing you or has untreated substance abuse or addictions. If this is the case, then you need to remove yourself from the situation immediately. If you find yourself saying things like, “We just aren’t in love anymore,” or “we’ve grown apart,” this is considered more of a soft problem. Before deciding on divorce, soft problems can be approached and discussed in couples therapy to figure out the specific things that can make you each happy and open up the possibility of fixing any smaller problems.

2. Is Divorce What You Actually Want?
Are you just angry with your spouse and just threatening divorce, or is this something you actually want and have thought long and hard about? This is important to consider so no one is acting on impulse during fights and hurt feelings. If it solutions to your problems you are looking for, threatening divorce to get your spouse’s attention is not the answer. This is another battle that can be attended to with couples counseling.

3. Have You Thought About The Negative Consequences?
Getting a divorce can mean much more than separating from your spouse, but can also mean a loss of dreams and goals. Even if you have made a solid decision to file for divorce, be sure to have a support system from friends, family or counseling in place to help you through the emotional stress of it.
You have to also consider the affects getting a divorce will have on your children. You need to be there for them and able to face their pain and help them cope.
If you are the one wanting the divorce, there will be pain inflicted on others that you will need to face as well, whether they are family are friends.

Not only is divorce an emotional process, but you also want to be sure that you are legally protected. The Sampair Group spousal attorney’s in Phoenix are here for you to assure that your legal rights are in place during the divorce process. Contact us today for a free consultation.

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So You’re Marrying Someone Who Has Filed For Bankruptcy…

You have great credit, and, after they file for bankruptcy, your future spouse will have a clean slate. Many marriages end as a result of financial disagreements and poor financial decision-making. When you marry someone who has declared bankruptcy, it won’t immediately affect or damage your credit score, or render you unable to secure certain loans, but it could complicate your financial health over time. Don’t be shy about sharing the details of your finances with your future spouse in order to avoid any surprises or misunderstandings. But before you walk down the aisle, there are a few things to know about how your future spouse declaring bankruptcy can affect you:

Timing
The best time for your future spouse to file for bankruptcy is before you are married. Doing this beforehand will increase your chances of obtaining new credit as a married couple. It will also give your future spouse more time to organize their finances before combining them with yours. They can start building their credit immediately after filing.

Credit Score
Each individual has their own credit report, and getting married or divorced does not combine or divide credit. As long as you do not share accounts, you and your spouses credit histories will remain separate. If you are marrying someone who has filed for bankruptcy, you will need to maintain separate bank accounts and credit facilities to be sure that your credit is not affected. Any joint accounts you have with you spouse can reflect their bad credit, and loan applications might carry low borrowing limits and high interest rates if your new spouse’s name is attached.

Start out by working with your spouse to help slowly improve their credit. After marriage, open a joint credit card for a limit under $500, so that you are not exposed to a huge liability but at the same time are using your good credit to help their bad credit. Monitor all payments to make sure they are made on time.

In order for the joint credit card to benefit your spouse’s credit, be sure that the lender will report the new credit line to all three credit bureaus (Experian, Equifax and TransUnion). After six months to one year, your spouse can try applying for a credit card in just their name from the same lender. It is easier to do it through the same lender because they have already been periodically checking both of your credit history throughout the year. Before applying however, make sure your spouse checks if they are eligible for an account in order to avoid a credit check that could make more of a dip in their credit.

Loans
When marrying someone who has declared bankruptcy, it can be difficult to permanently keep your credit histories completely separate. Large purchases, such as buying a home, usually require both names be on the mortgage so both incomes and credit histories can be considered in evaluating the risk of the loan. If you are applying for joint credit for a loan, list the person with the best credit first on the application.

No matter what your financial situation is, both partners should be open and honest about their debts and other troublesome financial situations. Discuss the options for filing for bankruptcy and talk to a qualified bankruptcy attorney at The Sampair Group for guidance along the way. Learning the facts about bankruptcy and how it can affect your marriage is important to ensure a lifetime of financial security.