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 Family Law Attorney Explaining Different Aspects of Divorce in Scottsdale

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divorce in scottsdale

Marriage:

It is the ultimate bond between two partners. Relationships require work and commitment to keep your love for one another strong. You made a vow to love one another for better or for worse, but sometimes things become strained.

Divorce:

Divorce is termination of a marriage or marital union, the canceling or reorganizing of the legal duties and responsibilities of marriage under the rule of law of the particular country or state.

Common causes of divorce:

Common causes of divorce worldwide are:

  • Extra-marital affairs
  • Lack of communication.
  • Constant arguing.
  • Weight gain.
  • Unrealistic expectations.
  • Lack of intimacy.
  • Lack of equality.
  • Physical abuse

Divorce rates in Arizona(Scottsdale):

Arizona divorce trends have mirrored the nationally declining divorce rates. Since 2013, the marriage rates across Arizona have been on the rise, suggesting that the declining divorce rate is not a result of fewer people getting married in the state. The divorce rates in Scottsdale, Arizona have been halved since the 1990s.In 1990 rate was 10.0 , in 2000 ( 7.5), in 2005 (6.6),  2010 (5.9) ,2012 (5.6) and in 2015 and 2016 it was 5.9.Arizona divorce laws :

Considering Scottsdale family Law attorney, some laws govern the procedures that must be followed to end a marriage.

divorce in scottsdale

Some of the Arizona Divorce Laws are:

  • Residency requirements:

 – At least one party in the divorce must have lived in Arizona for a minimum of 90 days to be eligible  (Arizona Revised Statute, A.R.S. § 25-312).

  • Grounds for filing for divorce:

– Arizona is a no-fault divorce state.  (A.R.S. § 25-903).

  • The proper venue:

 – the venue can be changed when there is good and adequate reason to do, such as when both partners want a change of venue (A.R.S. § 12-406).

  • The “cooling off” period:

 – Once the Petition has been filed with the court and the other partner in the marriage has been served with a notice of this Petition, a mandatory 60-day cooling off period will go into effect.

divorce in scottsdale with child

Determining Child  Custody After a Divorce:

When it comes to custody, Arizona law is gender neutral, that is,  Courts will usually give parents either joint legal custody or sole legal custody of a child based upon which parent more fit for it depending his/ her relation with child, any evidence of domestic violence, financial status, working hours, etc. They may also make decisions regarding visitation, or parenting time, with the child.

Spousal maintenance (Alimony):

Sometimes, the best way to achieve fair alimony results is to agree with spouses. If they are unable to reach agreement independently, the court may award alimony based on a series of factors:

Does one spouse:-

  • Lack of sufficient property to provide?
  • Unable to be self-sufficient or is the caretaker of a child?
  • Contribute to the educational opportunities of the other spouse?
  • If the marriage lasted a long time, is one spouse of an age that prevents him or her from employment?

The Law on Division of Property:

Under Arizona law, assets, wages, and earnings acquired during the marriage are presumed to be owned equally by both spouses. There are a few exceptions to this:

  • Property owned by one spouse before the marriage
  • Property one spouse received as a gift
  • Property one spouse received through a will or inheritance

Remarriage :

The date on which Clerk enters the Decree will be stamped on the Decree itself – that is the official date the marriage is over. Once the marriage is legally ended, parties are free to remarry, should they choose to do so.

Effect of  Parent’s Remarriage on custody:

In Arizona, remarriage by itself isn’t grounds for modifying a child support or custody order. Judges will only modify child support when there’s a permanent change that would significantly alter the child support calculations.

For example, if a mother pays child support to a father, and the father gets married to a woman who earns significant income and pays most of the household bills, a judge may decide to lower the child support payment.

On the other hand, if a non-custodial parent remarries the court is less likely to reduce child support.

Steps to communicate with child :

  • Children had a great impact of divorce. Its necessary to talk to them and hear them
  • Be open and talk.
  • Reassure them that they will still be loved and cared for by both parents.
  • Make time to spend with your child.
  • Be reliable about arrangements to see your child.
  • Show that you are interested in your child’s views.
  • Carry on with the usual activities and routines, like seeing friends
  • Make as few changes as possible.
  • It is important not to pull your child into the conflict

Conclusion:

Scottsdale family law attorney has played a great role in explaining different aspects of Divorce including the issue of remarriage and effects of remarriage on custody.

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