Duenas Eden Cravatta, PLCFindLaw IM Template2024-03-26T13:35:21Zhttps://www.duenasedenlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1602934/2021/08/cropped-DEC-favicon-32x32.pngOn Behalf of Duenas Eden Cravatta, PLChttps://www.duenasedenlaw.com/?p=478792024-03-26T13:35:21Z2024-03-22T13:34:21ZFiling for divorce
For many, the details of a divorce are not fully known until they are moving forward with the process. Thus, it is likely they are unaware of the potential divorce issues that could arise. As such, it is important that you not only understand the steps of the divorce process, but also the mechanism available to you if or when an issue arises.
At Duenas Eden Cravatta, PLC, our law firm understands that the divorce process is a unique and often new experience for our clients. Thus, our experienced attorneys take the time to explain the basics of the divorce process, allowing our clients to feel more comfortable in an uncomfortable and emotional matter.
The divorce process
The divorce process can be broken down into six basic steps. The first is to consult with an attorney to gain a sense of your legal rights and options when it comes to your interest, concerns and goals. This is followed by the second step, which is to file a petition with the court.
Following the petition, a temporary order is established if it is deemed necessary. Most often, this is established when children are involved. The fourth step is to reach a settlement, if possible. If both parties can reach an agreement, this not only speeds up the process but also makes it more cost-effective.
If a settlement is not reached, then you move onto the fifth step, which is going to trial. When the parties cannot negotiate or mediate towards a resolution, the judge will be the decision-maker. The sixth and final step is getting a final divorce decree. Whether it is through a settlement, mediation or through litigation, a divorce needs to be declared official in an order for it to be complete.
Although the divorce process can be explained in six basic steps, the process is anything but basic. A divorce is a major life event filled with emotions and difficult decisions. Thus, it is important that you gain a full understanding of your situation and rights, seeking guidance from a legal professional when necessary.]]>On Behalf of Duenas Eden Cravatta, PLChttps://www.duenasedenlaw.com/?p=478782024-03-22T08:06:05Z2024-03-22T08:06:05Zchild custody arrangement that best protects your child’s best interests.
Your child unrelentingly and unfairly criticizing you and your family.
Your child displaying unwavering support for the other parent.
The other parent minimizing your access to your child.
The other parent failing to keep you informed on your child’s education and medical events.
The other parent telling lies about you to your child.
If you see any of these signs and suspect parental alienation, then you need to start thinking about how you can develop a legal strategy to bring it to a stop and to protect your child.
How can you stop parental alienation?
To stop parental alienation, you’re probably going to have to file a motion to modify the existing child custody arrangement. To succeed here, you’ll have to show that there’s been a substantial change in circumstances, which parental alienation will satisfy. But how do you show that parental alienation is occurring? Here are some tips:
Utilize expert testimony: Given the intricacies of parental alienation arguments, you might want an expert on your side. If your child is seeing a therapist, then this individual might be the most beneficial. They can speak as to your child’s behavior and any signs of manipulation that have been observed, and they might be able to testify about how damaging the alienating behavior has been for your child.
Use witnesses who have seen alienating behavior: There’s a fair chance that your child’s other parent has been observed engaging in alienating behavior. You just have to find those witnesses and subpoena them to testify on your behalf at the modification hearing.
Retain communications: It’s likely that the other parent has sent you a text message, email, or voicemail that demonstrates how they’re blocking you from communicating with your child or otherwise trying to manipulate your relationship with them. These statements can be powerful and persuasive to a judge when you’re trying to modify custody.
Social media posts: If you have access to the other parent’s social media pages, then you should look through them to see if any of their posts are indicative of how they’re manipulating your relationship with your child. You might find that they’re bad mouthing you even though your child has access to their social media, or they may blatantly discuss how they’re not going to allow you around your child. Capture what you can so that you can present it to the court.
Don’t let parental alienation ruin your relationship with your child
Parental alienation is so serious that some people consider it to be child abuse. That emphasizes the importance of quickly addressing alienation once you discover that it’s going on. But we know that navigating the legal challenges of your case can be tough. That’s why you might want to seek out assistance when trying to find the best path forward in your child custody case.
]]>On Behalf of Duenas Eden Cravatta, PLChttps://www.duenasedenlaw.com/?p=478762024-03-22T07:51:06Z2024-03-22T07:51:06Zproperty division settlement that is fair to you and your spouse, even if it deviates from a straight 50/50 split of the marital assets. The family home is often a subject of this type of negotiation.
For many, fighting for the family home is crucial to their future. They’ve attached sentimental value to the home, and they don’t want to take the time and spend the resources to look for new housing arrangements. Many custodial parents want to keep the family home to provide stability and consistency for their children. But before you give up other marital assets in exchange for the family home, you need to carefully consider whether doing so is really in your best interests.
The risks of advocating for the family residence
Fighting to retain the family home may not be the best move for you and your children. Here are some of the considerations you need to take into account before you make a decision about how you’re going to handle this marital asset:
Mortgage costs: If you keep the family home, then you’ll have to find a way to pay your monthly mortgage payment using your sole income. Although you might be able to refinance the mortgage to reduce your monthly payment, keeping up with your mortgage after divorce can be difficult.
Maintenance costs: Keeping your home in good repair can be costly. A new roof alone can cost several thousands of dollars that you might not have banked. As a result, you could be one home issue away from financial trouble. Can you afford to wind up in that position?
Other assets: To secure the family home, you’re going to have to give up other marital assets in exchange or buyout your spouse. This could be a mistake. For example, if you give up retirement assets, then you might be cutting yourself short on retirement funds if you don’t have time to replenish them. And if you’re buying out your spouse from their half of the home, then you could leave yourself without the financial resources you need to stabilize yourself post-divorce.
What are your options?
Although you can negotiate for the family home, you might want to consider using it as a bargaining chip to get other assets out of your divorce. You could also discuss selling the residence and splitting the profits with your spouse. This might give you the influx of cash you need to find stability once your divorce is finalized. Be creative here and find the resolution that makes the most sense for you.
Zealously advocate for the divorce outcome that you deserve
There are countless different ways to approach your divorce. You need to find the one that works best for you. That might be difficult to do given the rippling effects of each decision, which can be hard to see when you’re so close to the dispute. But that’s why many Arizonans seek legal representation to help them with their case. By reading up on divorce and the property division process, you’ll be better positioned to decide what kind of approach you want to take to your marriage dissolution.
]]>On Behalf of Duenas Eden Cravatta, PLChttps://www.duenasedenlaw.com/?p=478752024-03-13T09:13:31Z2024-03-08T10:12:27Zrights and challenges faced by LGBTQIA+ individuals and couples is paramount for those looking to adopt.
International adoption: understanding the dynamics
International adoption involves a myriad of legal and cultural considerations. In Arizona, LGBTQIA+ families have the legal recognition to adopt internationally. While there are no explicit restrictions, it is essential to navigate the cultural norms and regulations of the country from which you intend to adopt because those countries may have restrictions on non-heterosexual adoptions.
Domestic adoption within Arizona: navigating the legal terrain
Arizona law permits adoption by individuals irrespective of sexual orientation. While there are no direct impediments to same-sex couples adopting domestically, state law does give preference to married couples. This preference, however, does not discriminate against LGBTQIA+ families but applies universally. Though, some religious adoption agencies may restrict their services to heterosexual families, which is currently allowed in Arizona.
Joint adoption: a complex terrain
Joint adoption, where both partners legally adopt a child, is not expressly prohibited for LGBTQIA+ couples in Arizona. However, only married heterosexual couples can file for joint adoption. While this might pose a challenge, individual adoption by same-sex couples is still a viable option. Though, non-heterosexual married couples can bypass this through stepparent adoption.
Conclusion
In Arizona, LGBTQIA+ families have the legal right to adopt both domestically and internationally. While challenges may arise, informed decisions and support from knowledgeable professionals can pave the way for a smoother adoption journey. Remember, love knows no boundaries, and every child deserves a loving and nurturing home.
]]>On Behalf of Duenas Eden Cravatta, PLChttps://www.duenasedenlaw.com/?p=478712024-02-13T21:36:17Z2024-02-20T21:13:05ZProperty division
Property division is the process in which a divorcing couple splits their assets and debts. Under Arizona's community property laws, almost everything either party acquires during a marriage is jointly owned by the spouses. This means that both parties have an equal claim to almost everything in the community property should they divorce.
Anything the parties owned before the marriage is considered separate property and does not have to be divided. However, there are many ways separate property can become mixed with community property during a marriage: For example, one spouse may draw on their separate savings when the couple purchases a home. What's more, when a separately owned asset gathers value during the marriage, this added value is considered at least partly community property in divorce. The same holds true for debt.
A binding contract
As we have seen, property division can get quite complicated in divorce. Generally speaking, the more assets involved -- and the more complex those assets are -- the more challenging the property division process will be. A prenuptial agreement can help you get around some of this mess, should your marriage end in divorce.
A prenuptial agreement is a contract the parties sign before they are married. It is most frequently used to resolve property division issues in advance. For instance, a prenup may spell out that one asset or debt will be treated as separate property in divorce. A prenup can also set some terms for alimony (known in Arizona as spousal maintenance).
So long as the court finds that the contract was valid and the terms were not grossly unfair, it will hold this agreement binding if or when the parties divide their property in divorce.
Who should consider a prenuptial agreement?
A good prenuptial agreement can help simply property division in any kind of divorce, but some situations in which these agreements prove especially helpful include any marriage in which:
Either party has significant assets or debts
Either party owns or co-owns a business
Either party was married previously or has children from a prior relationship
]]>On Behalf of Duenas Eden Cravatta, PLChttps://www.duenasedenlaw.com/?p=478732024-02-20T07:25:48Z2024-02-20T07:25:48ZThe dangers of negotiating a child custody agreement on your own
There are several ways that your custody agreement can go sideways when you try to handle it on your own. Here are just a few of the issues that you could see if you try to resolve your child custody issue informally:
Limited time with your child: Pursuant to state law, you’re entitled to a minimum amount of time with your child unless it’s restricted by the court. Don’t let the other parent convince you that you should have less time with your kids than you deserve. Instead, be prepared to hash out a formal custody arrangement that’s fair or be willing to take the matter to court.
Lack of decision-making power: A child custody arrangement isn’t just about where your child will live and what visitation with each parent will look like. It also involves determining who has the ability to make important decisions for your child, such as those pertaining to schooling and medical care. If you try to work out an informal custody agreement, then this legal aspect can be muddled, creating confusion and uncertainty about who will make those decisions when the need arises. This, in turn, can create conflict and potentially cut you off from playing the role that you should in those important determinations.
Restricted holiday time: The holidays are always difficult to sort out in a child custody agreement. If your child’s other parent dominates your informal discussions on this point, then you might cave in when you shouldn’t, resulting in less time spent with your child during the holidays. This can be a demoralizing result that robs you of powerful memories of celebratory time with your kid.
Lack of remedies: In an informal custody arrangement, you don’t have a legal avenue to enforce the agreement. Therefore, if your child’s other parent decides to keep your kid and restrict your access to them, there might be little you can do to force the other parent to adhere to the agreement that you negotiated. That’s why it’s best to get a formal court order accepting the agreement.
Don’t be afraid to formally address your child custody dispute
We understand the desire to avoid a formal child custody dispute. But the formalities of the process are what provide you and your child with the protection that you both need. By viewing the process that way, you can take comfort knowing that you can secure a custody order that’s fair, favorable, and enforceable. If you have questions about what it takes to achieve that outcome, then please be sure to discuss the matter with your attorney.
]]>On Behalf of Duenas Eden Cravatta, PLChttps://www.duenasedenlaw.com/?p=478662024-02-13T19:30:46Z2024-02-08T22:09:49Zare deciding to part ways.
This phenomenon is frequently referred to as a “gray divorce" because involves people 55 and above. While there are common denominators in many divorces, older people have unique challenges they must face. Knowing what to expect and being fully prepared is imperative.
Gray divorce rates have increased noticeably since 1990
Bowling Green University researchers studied divorce rates and found a noteworthy spike in people 55 and above getting divorced. The study looked at divorce rates from 1990 through 2021. For people age 55 and up, the divorce rate doubled. For people 65 and older, it was worse with it happening three times as frequently.
There are various explanations for the spike in gray divorce. People are living longer and healthier lives giving them the energy and willingness to move on from an unhappy relationship. In the past, older people tended to stay married due to negative ideas about divorce, due to their religious beliefs and financial concerns. Now, that is no longer the case.
For many, once their children are grown and they are heading towards retirement, they feel better about focusing on themselves. Still, there are problems that people might not anticipate when they finally move forward with a divorce.
Finances can be a sticking point. For women, the researchers found a 45% reduction in their standard of living. It was better for men who saw a 21% reduction. Dividing property is a common topic for discord. Spousal maintenance can be a worry for both sides. As they approach retirement, those accounts could be up for dispute as to who is entitled to them and how they will be divided.
Know how to navigate a complicated divorce
Many of divorce issues need to be addressed as the case proceeds. This is particularly challenging for people who are older and are fearful about the future. Some cases can be negotiated amicably. Others are not so easy. Regardless, people must remember how to be protected. This is a vital component of reaching a positive result and moving on after divorce.]]>On Behalf of Duenas Eden Cravatta, PLChttps://www.duenasedenlaw.com/?p=478742024-02-26T19:14:13Z2024-02-02T19:02:02ZWhile the possibility exists, it is generally not advisable.
Informal child support agreement
An informal child support agreement is a mutual arrangement between parents, outlining financial and non-financial support for their child. This commitment underscores shared responsibility, ensuring both parents contribute to their child’s upbringing.
Is it possible?
Yes, it is possible to reach a child support agreement in Phoenix, Arizona, without resorting to court proceedings. Informal negotiations or alternative dispute resolution methods, like mediation, can facilitate this. However, it is crucial to understand that these agreements lack legal binding until a judge approves them.
They are not enforceable
Even when parents agree on child support terms, state law mandate a judge’s review and approval. This step ensures the enforceability of the child support order by the court. Violation of the agreed-upon order can lead to enforcement through the court’s contempt powers.
Despite their appeal due to flexibility and reduced stress, informal child support agreements pose risks. If a co-parent breaches the agreed-upon terms, seeking enforcement through the court becomes necessary. Moreover, informal agreements may lack the legal protection formal agreements provide, leading to potential misunderstandings.
To render an informal child support agreement legally binding, file the agreement with the court. The court will review it to ensure the child’s best interests are prioritized. Once approved, the agreement transforms into a binding court order. In conclusion, while developing an informal child support agreement is feasible in Phoenix, Arizona, understanding the legal implications and associated risks is crucial.]]>On Behalf of Duenas Eden Cravatta, PLChttps://www.duenasedenlaw.com/?p=478652024-01-25T20:47:23Z2024-01-25T20:47:23ZInformation and negotiation
A recent news article provided a few tips for those who are going to go through a divorce in 2024 and want to avoid common mistakes, particularly when it comes to the financial aspects of a divorce. For example, the recent article mentioned that a common mistake is not having all of the information about your own financial situation when it comes time to negotiate this part of the divorce – or not having your spouse’s financial information.
All too often one spouse or the other typically takes care of the finances in a marriage so, in a divorce, the other spouse may not have a full picture of the household financial situation. Be sure to go through the steps to get that information before you negotiate about finances.
Next, the article recommended that you take the information you have gathered and negotiate – and be tough about it. The article mentioned that frequently one spouse or the other doesn’t want to come off as too aggressive or “mean” when it comes to attempting to negotiate a financial split with the other spouse. However, this may be your one opportunity to get what you can from the financial division that takes place in a divorce case.
For those who are going through a divorce in Arizona, your case will be unique to the specific facts of your family and financial situation. But, the issues that need to be addressed in a divorce are typically the same: child custody and support, alimony and property and debt division. Be sure to be prepared to tackle tough issues and tough negotiations in your divorce case.]]>On Behalf of Duenas Eden Cravatta, PLChttps://www.duenasedenlaw.com/?p=478642024-01-23T16:50:35Z2024-01-23T16:50:35ZCommunity and separate property
Generally, community property is property that you purchased during your marriage, with some exceptions. The exceptions include property received by gift or inheritance or property acquired after the filing of a divorce petition.
Separate property is property that you owned before your marriage that you have not mixed with any other community property.
Separate property that mixes with community property typically becomes marital property. For example, if you have a separate bank account in only your name, but during your marriage you made a couple transfers of money from that account to a joint account, your separate account could now be considered community property.
The same rules apply to debts. Once you have your assets and debts properly identified, they must be valued.
Valuing and dividing property
This is easy enough to do with assets such as bank accounts. You can typically use the balance of the account on the date the divorce was filed.
Valuing becomes more difficult when it comes to figuring out how much equity is in a home or how much of a retirement account’s value is community property.
The final step is dividing the community property under Arizona’s community property laws.
The law states that community property must be divided equitably, or fairly, without regard to marital misconduct. Dividing community property equitably does not necessarily mean equally, although an equal division is often assumed to be fair.
When an unequal division of property may be awarded
Many people wonder if their spouse’s bad behavior, such as infidelity, means they will receive a greater share of community property in the divorce.
It usually does not, unless there are some circumstances that would justify an unequal property division. If evidence showed that a spouse spent marital funds on hotel rooms to meet with someone that they were having an affair with, an argument could be made that the other spouse should receive additional community assets to make up for it.
Another situation that could justify an unequal division of community property involves dishonesty. Both spouses are required to list their assets and debts and provide an accurate value for each.
A spouse who is found to have lied or refused to provide this information could be penalized by a court. The spouse may be required to turn over additional assets or pay a sum of money to the other spouse.
Sometimes there is no way to fairly divide the community property. When this happens, a court typically orders an equalization payment to be made from one spouse to another.
Since coming up with a large sum of money immediately is difficult for many people, the court can order the money to be paid as small payments over time or set a deadline for the entire sum to be paid.]]>