Choose Page

Arizona’s FIRST Legal Paraprofessional Approved by the State Bar!

We Now Offer Payment Plans To Be More Affordable!
Affordable Divorce Payment Plans Available

Tag: divorce case

De Novo Law Blog

2023 Guide to Filing for a Divorce with Minor Children in Arizona

Print Friendly, PDF & Email

 

Divorce with a Minor Child in AZ – How a Paraprofessional Can Help

Divorce is never an easy process, especially when it involves children.

As parents, your top priority is the welfare and happiness of your children, and navigating the complexities of divorce with a minor child can be challenging and emotional.

 

At De Novo Law, our licensed legal paraprofessionals specialize in Arizona divorce and family law, and we are here to help you through this challenging time in Phoenix, Arizona.

We have the expertise, compassion, and dedication to guide you through the divorce decree process and ensure your children are well cared for.

In the state of Arizona, some specific laws and procedures govern divorce with minor children, such as to be eligible to file a petition for dissolution of marriage, you or your spouse must have lived in Arizona for at least 90 days.

These laws are designed to protect the child’s best interests and ensure that both parents have a fair chance at custody and parenting time.

We will cover the following topics:

According to recent statistics from the Arizona Department of Health Services, there were approximately 23,000 divorces in Arizona in 2019.

Of those divorces, approximately 12,000 involved children under 18 years old.

These numbers highlight the importance of having a knowledgeable and experienced legal paraprofessional on your side during a divorce with a minor child.

Arizona Revised Statutes Governing Divorce with Children Involved

The state of Arizona has a comprehensive set of laws known as the Arizona Revised Statutes (ARS), which along with the Arizona Supreme Court, govern filing for divorce cases involving children.

Some of the key statutes include:

  • ARS 25-312(1): This statute requires that either spouse is required to be an Arizona resident for a minimum of 90 days.
  • ARS 25-402: This statute defines the different types of custody in Arizona, including legal decision-making authority and parenting time.
  • ARS 25-403: This statute outlines the factors courts consider when determining the best interests of the child in custody cases.
  • ARS 25-403.01: This statute provides guidelines on joint custody and
    the development of parenting plans.
  • ARS 25-403.08: This statute discusses how to modify custody orders in the event of changed circumstances.
  • ARS 25-501: This statute establishes the child support guidelines in Arizona, including the obligation of both parents to provide financial support and what they need to pay.

Understanding these statutes and their implications is essential for getting a divorce with a minor child in Arizona.

A legal paraprofessional from De Novo Law can help you understand your rights and responsibilities under these laws and ensure that your child’s best interests are protected.

Understanding Child Custody and Parenting Time 

In Arizona, child custody encompasses legal decision-making authority and parenting time.

Legal decision-making authority refers to the right and responsibility to make important decisions about a child’s upbringing, such as education, healthcare, and religious upbringing.

Parenting time and custody, on the other hand, refers to the physical custody of the child and the time each parent spends with the child. 

Types of Legal Decision-Making Authority

Arizona courts can award either sole or joint legal decision-making rights, depending on the circumstances of the case:

  • Sole Legal Decision-Making Authority: One parent is granted the exclusive right to make significant decisions regarding the child’s upbringing. The other parent, while still having parenting time, does not have the same
    decision-making authority.
  • Joint Legal Decision-Making Authority: Both parents share the right and responsibility to make important decisions about the child’s upbringing. This arrangement requires a high level of cooperation and communication between the parents. 

Parenting Time Arrangements

Parenting time arrangements and visitation can vary greatly depending on the child’s needs and the family’s specific circumstances.

Some standard arrangements include:

  • Equal Parenting Time: Both parents share parenting time equally or as close to equal as possible. This arrangement typically works best when both parents live close to each other and can maintain a cooperative relationship.
  • Primary and Secondary Parenting Time: One parent is designated as the primary caregiver, with the child spending most of their time with that parent. The other parent, designated as the secondary caregiver, regularly schedules time with the child.
  • Supervised Parenting Time: In cases where a parent’s ability to care for the child is questioned, the court may order supervised parenting time. This requires the presence of a third party during the parent’s time with the child to ensure the child’s safety and well-being.

Factors Considered in Determining Custody and Parenting Time

When determining custody and parenting time, Arizona courts  consider what is best for the children, taking into account factors such as: 

  • The child’s relationship with each parent
  • The child’s adjustment to home, school, and community
  • The mental and physical health of all individuals involved
  • Each parent’s ability to provide a stable, loving, and nurturing
    environment
  • The child’s wishes, if they are of an appropriate age and maturity level
  • The willingness of each parent to foster a positive relationship between the child and the other parent

Developing a Parenting Plan

In cases where joint legal decision-making authority is awarded, the parents must create a parenting plan that outlines the specifics regarding custody of children and parenting time arrangements.

The plan should address the following: 

  • A schedule for parenting time, including holidays, vacations, and special occasions
  • A method for making important decisions about the child’s upbringing
  • A process for resolving disputes related to the child’s care
  • Provisions for reviewing and modifying the parenting plan as needed

A legal paraprofessional from De Novo Law can help you understand the various aspects of custody and parenting time, develop a comprehensive parenting plan, and advocate for your interests in court proceedings.

Uncontested Divorce with Minor Children vs. Contested Divorce in Arizona

Divorces in Arizona can be either uncontested or contested, depending on whether the parties can agree on key issues such as custody, parenting time, and child support.

In an Uncontested Divorce, each spouse must agree on all aspects of the divorce, including the division of assets, marital property and debts, spousal support, and parenting arrangements.

This type of divorce typically results in a faster, less expensive, and less adversarial process.


Fictional Scenarios of an Uncontested Divorce.


Example 1: Sarah is a 35-year-old mother of two children living in Tempe, just outside Phoenix. She works as a high school teacher and has an amicable relationship with her soon-to-be ex-husband, Tom.

Sarah and Tom want to keep the divorce process as smooth and stress-free as possible for their children.

They aim to agree on all aspects of their divorce, including custody and child support, without needing court intervention.


Example 2: Mike, a 42-year-old father of one, lives in Scottsdale.

He runs a small business and has decided to end his marriage of 12 years with his wife, Emily.

Mike and Emily want to avoid a prolonged and expensive legal battle.

Their goal is to negotiate the terms of their divorce, including child custody and support, cooperatively and avoid unnecessary conflict.

In a Contested Divorce, however, the spouses cannot agree on one or more issues regarding the children or other areas.

The court must intervene to make determinations on their behalf.

Contested divorces with children involved can be more complex, time-consuming, and costly.

They may involve court hearings, mediation, or even a trial to resolve disputes related to the children’s best interests. 

Fictional Scenarios of a Contested Divorce with Minor Children.

Example 1: Jennifer, a 28-year-old mother of a young child, lives in Chandler.

She is a stay-at-home mom with a strained relationship with her husband, Daniel, who has a demanding career.

Jennifer and Daniel cannot agree on custody, parenting time arrangements, or the division of marital
assets.

She aims to assert her rights and achieve a fair outcome in the divorce process, ensuring her child’s best interests are protected.


Example 2: Steven, a 45-year-old father of three, lives in Glendale. He is a police officer and has been married for 20 years to his wife, Laura.

Steven and Laura have deep-rooted disagreements regarding child custody, support, and the division of their marital property.

Steven’s goal is to protect his rights and achieve a fair resolution in the divorce process that addresses the best interests of his children.

A legal paraprofessional from De Novo Law can help you understand the differences between uncontested and contested divorces, guide you through the necessary steps, and advocate for your interests in negotiations or court proceedings to help finalize a dissolution of marriage.

Arizona Child Support Laws 

In Arizona, both parents are required to provide financial support for their children.

The state has established child support guidelines, which consider factors such as each parent’s income, the number of children, and the amount of parenting time each parent has.

These guidelines help ensure that child support payments are fair and appropriate for each family’s unique circumstances.


The non-custodial parent typically pays child support to the custodial parent to assist with the costs of raising the child, such as housing, food, clothing, education, insurance coverage, and medical expenses.

It is important to note that child support payments are separate from spousal maintenance (alimony) and are specifically intended for the child’s needs.


Fictional Scenarios of a Child Support.

Example 1: Olivia, a 29-year-old mother of a young child, lives in Gilbert. She is a part-time retail employee and struggles to make ends meet.

Olivia needs to ensure that her child’s father, Nathan, fulfills his financial obligations to their child after the divorce.

Her goal is to establish an appropriate child support arrangement that takes into account both parents’ incomes and their
child’s needs.


Example 2: Jason, a 36-year-old father of two, lives in Surprise. He works as a construction worker and is concerned about his ability to financially support his children after the divorce.

The challenge is that Jason wants to ensure that his child support payments are fair and consider the financial circumstances of both him and his ex-wife, Jessica.

He wants to work with a legal paraprofessional who can help him through Arizona’s child support guidelines and establish an equitable child support arrangement that reflects both parents’ financial situations and their children’s needs.

A legal paraprofessional from De Novo Law can help you understand Arizona’s child support guidelines and calculate appropriate support payments that ensure that the support order is properly enforced. 

A licensed legal paraprofessional from De Novo Law can provide invaluable support and guidance throughout the divorce process, particularly when minor children are involved.

They can help you navigate the complexities of Arizona family laws, advocate for your interests, and ensure that your child’s
best interests are protected.


Some of the ways a legal paraprofessional can assist you include:

  • More affordable than traditional attorney’s fees at a family law firm
  • Explaining your rights and responsibilities under statewide Arizona law
  • Assisting with the preparation and filing of necessary documents and forms
  • Advising on custody, parenting time, and child support arrangements
  • Representing your interests in negotiations, mediation, or court hearings
  • Ensuring that custody and support orders are adequately enforced and modified when necessary
Stephanie Villalobos, LP

By working with a certified legal paraprofessional from De Novo Law, you can have peace of mind knowing that you have an experienced advocate on your side, helping you navigate the challenging divorce process with a minor child in Arizona.


If you are filing for a divorce with minor children in Arizona, contact De Novo Law today at (480) 725-2200 to schedule a free consultation.

Our legal paraprofessional can provide the support, guidance, and advocacy you need to protect your child’s best interests throughout the divorce process.

With over 30 years of experience and dedication, licensed legal
paraprofessional Stephanie Villalobos can help you navigate this difficult time and secure a brighter future for you and your children.

We are here to help you through this challenging time to ensure that your rights and interests are protected. 

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

How to Initiate a Divorce and Tell Your Spouse

Print Friendly, PDF & Email

 

Initiating a Divorce Can Be Complicated

Learn how different circumstances can impact initiating a divorce. Choose from any of the topics below.

What is the First Step to Take When You Want to Start a Divorce?

If you want to get a divorce in Arizona, the first step to start the process is to determine if you meet the residency requirements for filing.

To start a divorce process, one spouse must have lived in Arizona for at least 90 days before filing. Once you’ve established that you meet the residency requirement, the next step is to select your grounds for divorce. Arizona is a no-fault state for divorce, which you can learn more about what that means in this article.

You will then need to prepare and file all necessary divorce paperwork with your local County Clerk’s office. Be sure to include certified copies of all relevant documents, such as birth certificates and proof of residence.

Finally, you will need to serve your spouse with a copy of the papers. This can usually be done by mail or through personal service via a process server or deputy sheriff.

Following these steps should help ensure that the process goes as smoothly as possible when you start a divorce.

Is Arizona a No-Fault State for Divorce?

When it comes to divorce, the laws governing it vary by state. When it comes to divorce, Arizona is considered a no-fault state. This means that neither party has to prove any wrongdoing or fault to start a divorce. This makes it easier for couples to dissolve their marriage, as it eliminates the need to have blame for the breakdown of the relationship.

Arizona is one of many states that have adopted a no-fault divorce system. This means that couples can obtain a divorce without having to go through the difficult process of proving fault or wrongdoing.

In Arizona, couples must only state that their marriage has had an irretrievable breakdown, and this is enough to qualify for a divorce.

If you are seeking a divorce in Arizona, it is important to understand the legal process and requirements. While it is possible to file for divorce without the help of an attorney, it is highly recommended that you seek the assistance of a legal paraprofessional.

A legal paraprofessional can help you navigate the complexities of divorce proceedings, ensure that all necessary paperwork is filed correctly and on time, and represent your interests in court.

In conclusion, divorce laws can vary significantly from state to state, and it is important to understand the rules and requirements to start a divorce in Arizona.

If you are seeking a divorce in Arizona, the good news is that it is a no-fault state. However, it is still highly recommended that you seek the assistance of a legal paraprofessional to ensure that your rights and interests are protected throughout the divorce process.

Steps to Serve Someone With a Divorce

Serving someone with a divorce in Arizona is not an easy task. Below are the three general steps to serve divorce papers and start the process of a divorce in Arizona.

  1. As stated above, collect all the necessary paperwork and file it with your local court. This includes filing a Petition for Dissolution of Marriage, which outlines the details of your divorce agreement and any relevant financial information, such as assets and debts.
  2. After filing, you must serve the opposing party with the paperwork. This can be done by mail or in person, but most courts prefer personal service. If you cannot locate the other party, you may have to ask the court for permission to serve them via publication in a newspaper or online.
  3. After serving them, you must wait for a response before taking further action.

Before Filing for Divorce: Do I Tell My Spouse?

There is no easy answer to the question of whether or not you should tell your spouse you want a divorce. On the one hand, it might be beneficial to tell your spouse your intentions to give them a chance to prepare and make any necessary arrangements.

Telling your spouse may also help ease some tension and animosity that can arise when one spouse files for divorce without warning. However, telling your spouse can open up a whole new range of potential issues and problems, especially if they are not expecting it. 

Ultimately, it is up to you to decide whether or not telling your spouse before filing for divorce is the best option for you and your family. You should carefully weigh the pros and cons before making a decision.

What Happens After You Serve Someone With a Divorce?

Once a divorce is served in Arizona, the court will hold a hearing to determine the terms of the divorce. Both parties can present their case during this hearing and argue for their desired outcome. The judge will consider all relevant factors, such as any prenuptial agreement, spousal support arrangements, child custody, and visitation rights.

The judge may approve the terms without further proceedings if the couple can agree on their own before appearing in court. Once the judge signs off on the order of dissolution or legal separation, it becomes legally binding and enforceable by law. In some cases, a post-divorce decree may be issued, including further details on asset distribution and debt allocation.

What Steps Can I Take to Best Protect My Assets During a Divorce?

Divorce can be a stressful time, especially when it comes to protecting your assets.

Here are some steps you can take to ensure that you get the best outcome during a divorce: make sure to keep records of all financial accounts and assets, including bank statements, tax returns, and other documents; have an honest discussion with your spouse about dividing assets fairly; consult with a qualified legal professional or financial advisor who can help guide the process; and create a budget that takes into account potential changes in income due to the divorce.

Additionally, be sure to review any prenuptial agreements or other contractual arrangements before making any decisions. Taking these steps can help protect your assets during a divorce.

How Does Getting a Divorce Affect My Retirement?

Getting a divorce in Arizona can significantly impact your retirement plans. The division of assets and debts, as well as alimony payments, can reduce the amount of money you have available to save for retirement.

In some cases, the court may also order that one spouse pay the other’s share of Social Security benefits or other retirement plans. Additionally, if you are receiving spousal maintenance payments, those payments may be taxable income which could reduce your ability to save for retirement or increase your taxes due.

Finally, if you had joint accounts with your former spouse, those accounts must be divided during the divorce proceedings. They may affect how much you can contribute to investments or other retirement savings accounts. Understanding all of these potential impacts before getting a divorce in Arizona is important to plan properly for your future retirement.

What to Avoid Doing During a Divorce

During a divorce, it is important to remember that emotions can be high and that it is essential to keep a clear head to make the best decisions. It is important to avoid engaging in any activities or behaviors that could complicate the situation further or damage your reputation, even on social media. This means avoiding any angry outbursts, manipulation, or attempts to control the other party.

Additionally, it is not recommended to solely take legal advice from friends or family members as they may not be qualified, and their advice may be wrong. 

Finally, try your best to remain civil with your former partner, and remember that although you may not agree on every issue, both of you have rights and should be respected throughout the process.

Are There Different Steps I Should Take When Initiating a Divorce With Children Involved?

When asking for a divorce with children involved, there are certain steps you should take to ensure that the process is as smooth as possible. First and foremost, it is important to consider your children’s best interests and put their needs first. You should discuss the reasons for the divorce with them in an age-appropriate manner.

Additionally, both parties should prioritize co-parenting, focusing on what is best for the children rather than their own personal differences. 

Lastly, it is important to be open and honest with your children while also providing support and guidance throughout this difficult time. Following these steps can help make the divorce process easier for everyone involved.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing a divorce is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning custody arrangements.

Call us today at (480) 725-2200 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

Divorce Dilemma: Settle or Go to Trial

Print Friendly, PDF & Email

Going Through a Divorce Can Be Challenging to Navigate

Learn how different circumstances in a divorce can impact whether you choose to settle or go to trial. Choose from any of the topics below.

  • Can You Get a Divorce Without Going to Court?
  • What is a Divorce or Family Law Trial?
  • What Makes a Divorce Have to Go to Trial?
  • What Happens if My Divorce Goes to Trial?
  • What Should I Expect on the Day of My Divorce Trial?
  • Is it Better to Settle Your Divorce or Go to Trial?
  • Speak With a Legal Paraprofessional Regarding a Divorce Trial

 

Can You Get a Divorce Without Going to Court?

In Arizona, it is possible to get a divorce without having to attend court proceedings.

This process is known as an uncontested divorce and can be done in a few simple steps. Firstly, both parties must agree on the terms of the divorce, including the division of assets and liabilities, child custody and visitation rights, alimony payments, and more. 

Once these terms have been agreed upon, the couple must complete the necessary paperwork and submit it to their local court for approval. With this formality out of the way, the divorce can be finalized without any further court hearings or legal proceedings.

An uncontested divorce can save time and money compared to traditional methods of going through court proceedings.

What is a Divorce Or Family Law Trial?

A divorce or family law trial is a formal court proceeding that occurs when two parties cannot agree about a divorce or other family-related issues.

During the trial, both sides present their case to the judge, who then decides based on the evidence presented. Both sides can call witnesses and present documents related to the dispute. The judge also considers testimony from any experts called by either side, such as financial advisors or psychologists.

At the end of the trial, the judge will render a verdict and issue orders based on his or her findings. This can include decisions related to child custody, visitation rights, support payments, and the division of assets.

What Makes a Divorce Have to go to Trial?

When a divorce cannot be settled out of court, it must go to trial. This is usually due to a disagreement between the spouses on matters such as child custody, alimony, division of property, etc. In some cases, both parties may agree on certain issues but not all of them, making it necessary for a trial to settle the remaining matters.

Additionally, a trial may become necessary if one party doesn’t respond or participate in the settlement process properly.

Ultimately, when two parties cannot agree, a divorce trial is often needed to reach an acceptable resolution for both sides.

What Happens if a Divorce Goes to Trial?

If a divorce goes to trial in Arizona, both parties will be expected to provide all relevant evidence and testimony to the court. The court will then review this information and decide based on the applicable laws and statutes.

Generally, the court will consider any relevant factors when determining, such as the best interests of any children involved, financial contributions by each party during the marriage, and any other issues pertinent to the case.

Suppose an agreement can’t be reached between the two parties. In that case, a judge will decide on all matters regarding property division, child custody, child support, alimony payments, and other related matters.

The final judgment is typically issued within 30 days of trial, although this time frame may vary depending on the case’s complexity.

Do You Need a Legal Professional for a Divorce Trial?

Yes, you need a paralegal professional or attorney for a divorce trial. They can help protect your rights and interests throughout the process. Also, they can advise on any legal matters that may arise during the proceedings, such as division of property, spousal support, and child custody.

Additionally, they will be able to help you understand the legal implications of any settlement or court order that is presented to you. An experienced legal professional can also provide invaluable assistance in negotiating a fair settlement between both parties.

Tip: If you are seeking information about settling or going to court, consider using a much more affordable alternative to a divorce lawyer and speak with a legal paraprofessional.

 

What Should I Expect On The Day Of My Divorce Trial?

 

You should expect to arrive at the court on time on the day of your divorce trial. You may need to bring certain documents with you, such as a financial affidavit and other relevant information.

The trial will start with each party’s attorney introducing themselves and their client. The judge might then ask you questions about the facts of your case and each party’s testimony. The opposing attorney may also ask you questions. After all of the evidence has been presented, the judge will decide and issue an order outlining how assets, debts, and other matters are to be divided between you and your spouse.

Depending on the case’s complexity, this process can take anywhere from one day to several days. It is important to remain calm and focused throughout your trial to accurately answer any questions posed by the judge or attorneys in attendance.

 

Are Divorce Trials Public?

In Arizona, divorce trials are generally public proceedings. This means that members of the public may attend and observe the trial, although they are not usually allowed to speak or participate in any way. The court will usually allow a limited amount of media coverage of the proceedings as well. While it is possible to request a closed hearing, this is not common, and most requests for privacy in family matters are typically denied.

Generally speaking, if you are involved in a divorce proceeding in Arizona, you should expect your case to be heard in open court with the possibility that it may be reported on.

Is it Better to Settle Your Divorce or Go to Trial?

When deciding whether to settle your divorce or go to trial, it is important to consider both options carefully. Settling your divorce can be beneficial because it often allows for a quicker resolution and can result in fewer costs than if you were to go to trial.

However, going to trial may provide more control over the outcome of your divorce since the court can make decisions about assets, property division, and other important matters that are difficult to negotiate between the two parties.

Ultimately, it comes down to personal preference and what works best for each individual’s situation.

If there is no agreement on any of the issues involved in the divorce, it may be necessary to go to trial; however, if both parties are willing to compromise and find common ground, settling out of court can be a much more efficient option in a divorce case.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing a divorce trial is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning custody arrangements.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

How To Get a Divorce When Your Spouse is in the Military?

Print Friendly, PDF & Email

Navigating Military Life: How to Go About Getting a Divorce

Learn how having a partner in the military can impact divorce. Choose from any of the topics below.

  • How to Get a Divorce When Your Spouse is in the Military in Arizona
  • How is Military Divorce Different from Citizen Divorce?
  • Advantages of Annulment and Legal Separation for Military Couples
  • Frequently Asked Questions About Divorce in a Military Family
  • Speak With a Legal Paraprofessional About Military Divorce

Getting a divorce is never easy, but the process can be even more complicated when your spouse is in the military.

A Military divorce case has its own set of unique rules and challenges, and it is vital to understand them to navigate the process.

In this article, we will explore how to get a divorce when your spouse is in the military in Arizona and answer some frequently asked questions about military divorce.

 How to Get a Divorce When Your Spouse is in the Military in Arizona

  1. Understand the Service Member’s Civil Relief Act (SCRA)
  2. The Service Member’s Civil Relief Act (SCRA) is a federal law that protects military service members in civil legal proceedings. One of the protections is a stay of proceedings for up to 90 days for service members on active duty. This means that your divorce proceedings may be delayed if your spouse is on active duty.
  3. File for divorce in the proper jurisdiction
  4. When your spouse is in the military, filing for divorce in the proper jurisdiction is essential. In Arizona, if your spouse is a resident of the state or stationed in the state, you can file for divorce in Arizona. If your spouse is not a resident or stationed in the state, you may need to file for divorce in the state where they are stationed or where they reside.
  5. Consider contacting a paralegal professional to advise you through the divorce process.

How Is a Military Divorce Different from Citizen Divorce?

A divorce in a military family is different from a civilian divorce in a few key ways:

  • Jurisdiction: Military members and their families are often located in different states and countries due to their service, which can complicate the process of filing for divorce. In a civilian divorce, both parties must typically be residents of the state where they file, but military members can file for divorce in the state where they are stationed or reside.
  • The Service Member’s Civil Relief Act (SCRA): The SCRA provides specific protections for military service members in civil legal proceedings, including a stay of proceedings for up to 90 days for service members on active duty. This can delay the divorce proceedings and may require special arrangements to serve the divorce papers.
  • Division of Military Pension: Military pensions are considered marital property and are subject to division in a divorce; however, the division process can be complex, and it is essential to work with an attorney who has experience in this area to ensure that your share of the pension is calculated correctly.
  • Child support and custody: The nature of military service can make child custody and support arrangements more complicated, mainly if one parent is deployed or stationed in a different location. The military provides support for military families going through a divorce, including legal assistance and counseling services.
  • Health care and other benefits: Divorce can affect a military member’s eligibility for certain benefits, such as health care and housing allowances. It’s important for military personnel to understand how divorce may impact these benefits and to plan accordingly.

Advantages of Annulment and Legal Separation for Military Couples

There may be advantages for a military couple to consider annulment or legal separation rather than divorce in certain situations. Some of the advantages may include the following:

  • Preservation of Benefits: In some cases, annulment or legal separation may allow a military member to retain certain benefits, such as health care and housing allowances, that would be lost in a divorce.
  • Avoiding a “Fault” Divorce: Annulment or legal separation may be a way for a military couple to end their marriage without having to prove fault, which can be complicated and emotionally difficult in a military divorce.
  • Religious reasons: Some religious beliefs prohibit divorce; in such cases, an annulment or legal separation may be more acceptable as they allow the couple to end the marriage without going against their religious beliefs.
  • Keeping a lower profile: Annulment or legal separation may not be as public as a divorce and may be a way for military couples to avoid the publicity and scrutiny that can come with a divorce.
  • Maintaining insurance coverage: In some cases, annulment or legal separation may allow a military member to maintain insurance coverage for a spouse and children, which may be lost in a divorce.

It’s important to note that annulment and legal separation may not be possible or appropriate in every case, and each option’s advantages and disadvantages should be considered case-by-case basis.

Frequently Asked Questions About Divorce in a Military Family

Does a Military Spouse Keep Benefits After Divorce?

In Arizona, the answer to whether a spouse will keep military benefits after divorce depends on several factors. Generally, if the service member and the spouse were married for at least 10 years while the service member was actively serving in the military, then the spouse may be entitled to some of those benefits. The number of benefits that may be received will depend on how long they were married and what type of benefit it is.

For example, if it is healthcare coverage or access to base housing, then there may be continued eligibility after divorce. However, if it is a retirement pension or death benefits, then those are not likely to continue for the ex-spouse.

Will a Divorce Affect a Military Pension?

A divorce can have a significant effect on a military pension. Depending on the type of pension, it can be divided between spouses as part of the divorce settlement. In this case, one spouse may receive a portion of the other’s pension, or both parties may receive equal portions.

Suppose the couple was married for 10 years or more, and at least one of them had served in active duty for at least 20 years. In that case, the former spouse is eligible to receive a portion of the other’s retirement pay under the Uniformed Services Former Spouses’ Protection Act (USFSPA). Even if these conditions are not met, state laws may provide for the division of pensions in cases where there was an extended marriage.

Can I Get a Divorce While My Spouse is Deployed?

Yes, you can get a divorce while your spouse is deployed. However, the Service Member’s Civil Relief Act (SCRA) provides a stay of proceedings for up to 90 days for service members on active duty, which may delay the divorce proceedings.

Can I Get Alimony If My Spouse is in the Military?

Yes, you can receive alimony if your spouse is in the military. Alimony is determined on a case-by-case basis, considering factors such as the length of the marriage, the income of each spouse, and the standard of living during the marriage.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing challenges regarding divorce is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning divorce or legal seperation.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

Who Gets the Dog in a Divorce? Understanding Pet Custody and Visitation

Print Friendly, PDF & Email

Pet Custody and Visitation Can Be Difficult to Navigate 

Learn how pet custody and visitation works. Choose from any of the topics below.

  • Pet Custody vs. Pet Visitation
  • How About a Poochie Prenup?
  • Factors to Take into Account About Pet Custody and Visitation
  • Speak With a Legal Paraprofessional About Pet Custody

Since many people regard their pets as family members, the subject of who gets to keep them and how often can be a bone of contention during a divorce.

Pets were frequently considered property in divorce proceedings and given to one party depending on financial factors. However, there has been a change in recent years toward appreciating the emotional connection between family pets and their owners and the significance of their well-being.

This article will cover some crucial points for pet owners going through a divorce and how pet custody and visitation operate in divorce.

 Pet Custody vs. Pet Visitation

Pets are often not considered children during a divorce but rather as property. This means that the court will decide primarily on the parties’ financial interests rather than what is best for the pet.

Pet custody: After a divorce, whose side will provide the pet’s primary care and supervision? These choices could relate to the pet’s housing, health treatment, and training.

Pet visitation: The time allotted for the non-custodial party to spend with the pet is referred to as pet visitation. This could involve frequent visits, time off, or unique events like holidays.

It’s crucial to reach an arrangement with your ex-spouse and seek legal counsel if that’s not possible.

It’s important to understand that pet custody and visitation are not legally enforceable in Arizona.

How About a Poochie Prenup?

Poochie Prenup is a new concept gaining traction in Arizona. The idea is to create a legally binding agreement between pet owners and their pets, allowing both parties to clearly define their rights and responsibilities.

This prenup helps ensure that both parties are protected in the event of an unexpected separation, such as if one party dies or moves away. It also allows owners to define how they would like their pet to be cared for if something were to happen to them and can provide financial security for the pet’s future. 

Poochie Prenups can also help ensure that any conflicts between pet owners and their pets are resolved fairly and amicably rather than through lawsuits or other lengthy legal proceedings. With this innovative concept, pet owners across Arizona can finally rest assured that their beloved animals will be taken care of should anything ever happen to them.

Factors to Take into Account About Pet Custody and Visitation

There are a few essential factors to consider when considering pet custody and visitation.

Firstly, the needs of the pet must be taken into account. For example, if an animal needs frequent medical attention or regular exercise, that should play into the arrangement.

Additionally, it is essential to consider which home will provide the best environment for the pet; this includes ensuring that each home has adequate space and supplies such as food and toys. Furthermore, the financial responsibility of caring for the pet should be discussed between both parties.

Lastly, visitation rights should be determined to work best for both owners and their pets to ensure that all involved parties are comfortable with the arrangement. Taking these factors into account can help ensure everyone involved is happy with the arrangement and that the pet’s best interests are considered.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing challenges regarding pet custody is to contact an experienced paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning your pet.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

How Does Parenting Time Work when Step-Children are Involved?

Print Friendly, PDF & Email

 

Child Custody and Parenting Time Can Be Challenging to Navigate

Learn how different circumstances can impact child custody and parenting time. Choose from any of the topics below.

  • Caring For Step-Children Can Pose a Challenge
  • What are the Rights of Step-Parents in Join Custody Arrangements?
  • Who Should Come First in a Blended Family
  • What if My Ex-Spouse and I Can’t Agree About the Custody of Our Children?
  • Speak With a Legal Paraprofessional Regarding Parenting Time

Caring for Step-Children Can Pose a Challenge

When step-children are involved, parenting time can be a tricky situation. Both biological parents and stepparents must share the responsibility of parenting, but it is important to establish clear boundaries.

Each parent should be given equal opportunities to spend time with the children while allowing them to maintain their individual relationships with both parents. 

Parenting time should be tailored to each family’s unique needs, considering the child’s age and any special needs they may have. It is also important that all relevant parties are included in parenting plans, such as grandparents or other family members who may play a role in the child’s life.

With open communication and mutual respect among all parties involved, parenting time can work successfully when step-children are involved.

 

 

 

What are the Rights of Step-Parents in Joint Custody Arrangements?

In Arizona, step-parents in joint custody arrangements have certain rights that are outlined by the state’s laws. These rights include the right to petition for legal custody or visitation of minor step-children and the right to be informed about any changes to a court order related to the child’s custody.

The step-parent also has the right to access records related to their step-children medical care, education, and other important information.

In some cases, the step-parent may be able to gain legal decision-making authority for their stepchild if both biological parents agree or if there is a court order granting such authority.

However, it is important to note that no matter what rights are granted, these rights will always be subordinate to those of biological parents.

 

 

Should a Stepparent Have Input in the Parenting Plan?

 

Regarding parenting, stepparents can be an important part of the equation to their step-children. They often have a unique and valuable perspective that can contribute to creating a successful parenting plan. Stepparents should be allowed to have input in the plan, as long as it’s done respectfully and with consideration for both biological parents and their wishes.

All involved parties must work together in a collaborative environment to develop an agreement that works best for everyone involved.

This means that stepparents should be given a chance to provide their thoughts, feelings, and opinions regarding how children are raised and what rules are put into place. Ultimately, having stepparents involved in the process can help create an atmosphere of trust and encourage sharing of responsibility between all adults involved in the lives of their step-children.

Who Should Come First in a Blended Family?

When it comes to blended families, there is no one-size-fits-all answer as to who should come first. Some believe that the parent’s biological children should be given priority over their partner’s children. In contrast, others feel that all family members should be treated equally regardless of biological ties.

Ultimately, each family needs to find what works best for them and decide how they want to prioritize their children.

It can be helpful to talk openly with each other about expectations and feelings to foster an atmosphere of understanding and respect.

Communication is vital in a blended family, and being able to discuss important topics together can help build strong bonds between parents and kids alike.

No matter who comes first in a blended family, it is important that everyone feels appreciated and valued for their unique contributions.

How Should Communication Work Between a Stepparent and the Other Parent?

Communication between a stepparent and the other parent should be respectful, honest, and transparent. Both parents should have an open dialogue about expectations for their relationship and the step-parent’s role in the child’s life. It is also important to understand that both parents are responsible for setting boundaries and routines for the children and should work together to ensure consistency.

Additionally, communication should focus on finding common ground rather than assigning blame or making assumptions about each other. Both parents must consider each other’s feelings, opinions, and values when making decisions about their children. Suppose communication breaks down between the two parents. In that case, it is best to seek professional help to ensure that all parties involved can find a way forward to create a healthy environment for everyone involved.

What if My Ex-Spouse and I Can’t Agree About Custody of Our Children?

If parents can’t agree on the custody of their children, it can be a difficult and emotionally draining situation. It’s important to remember that in all divorce situations, the child’s best interests are paramount. This means that any decisions made regarding custodial arrangements should be made with their needs in mind.

 It’s also wise to seek legal advice, as this helps ensure that both parties understand their rights and obligations under the law. If an agreement cannot be reached, then court intervention may be necessary.

While this is not ideal, it can provide both parties with a more impartial decision about the custody arrangements for the children.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing challenges regarding parenting time is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning parenting time.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

Grey Divorce is Becoming More Common in Arizona

Print Friendly, PDF & Email

What Does a Gray Divorce Mean?

A “Gray Divorce” is a term used to describe divorces among couples aged 50 and older. This type of divorce has increased by over 50% since the 1990s and is becoming increasingly common as baby boomers enter their retirement years.

Gray Divorces typically occurs after one or both spouses have been married for at least two decades and are often linked to changing financial circumstances, a shift in priorities, or a lack of emotional connection between the couple.

Many couples going through a Gray Divorce face unique challenges compared to younger couples, such as dividing assets accumulated over many years or re-entering the workforce after an extended absence.

With more people living longer and healthier lives, Gray Divorce will likely become even more prevalent in the coming years.

Continue reading to learn more about gray divorce and the differences, challenges, and potential outcomes.

 

So Why is ‘Gray Divorce’ Becoming More Common Now?

Gray divorce is becoming more common due to a variety of factors. Today’s couples are living longer, healthier lives and are more likely to stay married for longer periods of time. This means that when they finally decide to separate, they have had many years together and may be at the point in their relationship where it is simply too difficult to continue.

Additionally, increased financial independence among women means that there may be fewer incentives for them to stay in an unhappy marriage. Furthermore, societal norms have shifted over time, with divorce becoming more socially acceptable than it was in the past.

Finally, changes in laws surrounding divorce have made it easier for couples to move on from their relationships without facing as much stigma or financial burden as before.

All of these factors contribute to why gray divorce is becoming more common now.

Older couple considering how to file for gray divorce and using a legal paraprofessional

 

What are the Common Consequences of a Gray Divorce?

While each individual situation is unique, there are some common consequences that those involved in a gray divorce in Arizona may experience.

These can include financial destabilization due to having to divide assets and retirement plans, feelings of guilt or shame due to ending a long relationship, difficulty adjusting to single life after so many years together, and strained relationships with adult children who may be conflicted about their parents’ decision.

There is also the potential for depression or anxiety due to the new reality of being single after decades in a marriage.

Gray divorcees must learn how to cope with these complex emotions and adjust to their new lives.

How Can You Prepare for a Gray Divorce?

Preparing for a gray divorce in Arizona can be difficult, but it is important to take the time to do so.

First, it is important to understand what kind of financial situation you will be in after the divorce. This includes understanding how property division, child support, if applicable, and alimony payments may affect your finances. It is also important to create an inventory of all joint assets and debts that must be divided.

Seeking advice from a financial advisor or legal paraprofessional can help you understand the legal implications of a gray divorce and what steps you need to take to protect your rights and interests.

Finally, make sure to take care of yourself emotionally during this process by talking with family members or friends who are supportive and understanding about your situation. Doing so will ensure that you are emotionally ready for this transition and have the resources available to move forward successfully.

How Can You Protect Your Pension When Divorcing?

When divorcing, it is important to protect your pension. One way to do this is to seek legal advice and ensure that you understand the distribution of assets between yourself and your spouse. You should also ensure that both parties correctly document and sign any agreement regarding the division of pensions.

Additionally, you should keep all financial documents related to your pension in a secure place, such as a safe deposit box or other secure storage solution.

Finally, discussing the options with a financial adviser who can help you determine how best to protect your pension interests in the event of a divorce may be beneficial.

Tip: If you are seeking information about a gray divorce without a lawyer, consider using a much more affordable alternative to a divorce lawyer and speak with a legal paraprofessional.

Property division and splitting social security benefits and retirement funds

How Does Getting Divorced Affect Social Security Limits?

Getting divorced can affect Social Security limits in Arizona. Depending on the circumstances, one spouse may be eligible to receive benefits from their former spouse’s account, even if they are no longer married. This is known as a “former spousal” benefit.

To qualify for this type of benefit, the couple must have been married for at least 10 years, the applicant must be unmarried at the time of application, and both parties must have been eligible for Social Security benefits. Additionally, applicants must be at least 62 years old and meet other eligibility requirements to receive any payments from their former spouse’s account.

It is important to note that these benefits do not replace those earned by working; they are supplemental income available through Social Security.

How Does Divorce Affect Your Life Insurance?

In Arizona, divorce can have a significant impact on your life insurance. Understanding how the divorce process impacts your existing policies and any new life insurance you may be considering is important.

When divorcing, both parties must review their existing policies to determine if changes need to be made or if the policies should remain in place. Suppose one party has a policy that names the other as a beneficiary. In that case, it is important to update these details to ensure that the intended beneficiaries are still receiving the benefits after the divorce is finalized.

Additionally, consider taking out new life insurance policies or updating existing ones depending on each person’s financial situation after the divorce.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing a grey divorce is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning custody arrangements.

Call us today at 480-725-2200 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

My Spouse Went To Prison – Is That Grounds for a Divorce?

Print Friendly, PDF & Email

Factors in a Divorce Case

Learn how different circumstances can impact a divorce. Choose from any of the topics below.

  • A Locked-Up Spouse Won’t Lock You Down
  • Can Marriages Survive Incarceration?
  • How Do You Serve Your Imprisoned Spouse With a Divorce?
  • What Happens if One Spouse Doesn’t Want a Divorce?
  • Speak With a Legal Paraprofessional Regarding a Divorce

 

A Locked-up Spouse Won’t Lock You Down

In the state of Arizona, if your spouse has been convicted of a felony offense or is currently serving time in prison, you may qualify for an immediate divorce without having to wait the mandatory waiting period.

However, if your spouse has not been convicted of a felony and is simply serving time, it may not be grounds for immediate divorce. In such cases, you may need to provide evidence and testimony of other reasons why the marriage should be dissolved.

Factors such as infidelity, abuse, and abandonment can also be considered when filing for divorce in Arizona. Ultimately, it is important to speak with an experienced family legal paraprofessional who can guide what options are available to you based on the particular circumstances of your case.

Can Marriages Survive Incarceration?

While it is difficult, a marriage can survive when one of the spouses is incarcerated.

It takes hard work and dedication from both spouses to make it work. Communication and trust are key components to making it through this tough time.

The spouse outside of prison needs to be understanding and supportive of their partner who is behind bars. They should also stay involved in their partner’s life by visiting them regularly, writing letters, or sending care packages.

Ultimately, if both spouses are willing to put in the effort and remain dedicated, then the marriage can survive incarceration.

How Do You Serve Your Imprisoned Spouse With a Divorce?

Serving your imprisoned spouse with a divorce in Arizona is relatively straightforward.

To start the divorce process, you must file a Petition for Dissolution of Marriage in the same county where you were married or where one of you currently resides. You must then provide your spouse with a copy of the petition and all other required documents. Your spouse will have twenty days to respond once served.

If your spouse fails to respond, you may proceed with the divorce as if it were uncontested. You must also obtain an affidavit from the Arizona Department of Corrections verifying that your spouse is currently incarcerated and cannot appear in court for the hearing.

Once all necessary paperwork has been filed, a hearing will be scheduled.

The judge will enter a final decree of dissolution of marriage, thus officially severing all marital ties between you and your incarcerated spouse.

What Happens if One Spouse Doesn’t Want a Divorce?

 

In the state of Arizona, if one spouse does not want to move forward with a divorce, it is not easy to proceed. Generally, both parties must agree to the divorce for it to be finalized.

If one spouse is unwilling to dissolve the marriage, then the other party may have to take legal action.

The court may grant a divorce even if one spouse does not consent if certain criteria are met, such as abandonment or adultery. Legal advice must be sought so that an individual understands their rights and the process needed for the divorce to go ahead.

Additionally, alternative options such as mediation could help both parties come to a resolution without having to go through a lengthy and expensive court process.

Tip: If you are seeking information about a divorce, consider using a much more affordable alternative to a divorce lawyer and speak with a legal paraprofessional.

Stephanie Villalobos, LP

Speak With a Legal Paraprofessional Regarding a Divorce.

A step that can be taken if you see yourself facing challenges regarding getting a divorce while your spouse is incarcerated contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

Ways Social Media Can Affect Child Custody & Parenting Time

Print Friendly, PDF & Email

Social Media in a Custody Case

Learn how social media can influence a court’s decision on child custody and parenting time. Choose from any of the topics below.

 

Going through a divorce is never an easy undertaking. In fact, it can be even more arduous when the divorce includes children. As these times become difficult, a spouse can easily behave in a foolish manner that can cause an adverse outcome to their legal custody case.

As a parent going through a divorce involving children, it is important to remember that before, during, and after the start of any proceedings, the entire behavior of both parents will be reviewed. Knowing this should encourage you to remain on your best behavior throughout this time.

In order for you to be prepared for your divorce and subsequent child custody hearing, it is important to know what a judge takes into account while coming to their decision.

You also need to be aware of what to avoid doing as the divorce proceedings continue.

The Child’s Best Interest is in Mind

In order for you to understand how to properly behave throughout a custody hearing, you should be aware of the standard that the court will instill in order to make proper custody order arrangements, develop parenting time, and create a visitation schedule based on the child’s best interest.

Factors to consider include the following:

  • How long has a child been cared for by individuals other than the actual parents and surrounding situations related to it.
  • The parents’ desires of living situation and agreeing on where to live are considered to be included in the best interest of the child custody.
  • The child’s relationship and interactions with any siblings and parents, as well as all others who could impact the best interests of the child.
  • How the adjustment of the child is turning out toward the community, home, and school.
  • Amount of ability and desire to show respect toward the child’s bond with the other parent and to permit a relationship to continue between the children and parent.
  • Spousal abuse allegation or evidence.
  • Child abuse allegation or evidence.
  • Any child abuse conviction

 

Keep Your Behavior in Check

If you are desiring to have legal custody, physical custody, or joint custody, your behavior will be fully evaluated, including on social media.

If you know that you have bad habits and your spouse has pointed them out, then they could be used against you.

However, when your behavior is on the straight and narrow, then you will be able to avoid any negative physical custody outcomes.

Some circumstances should also be considered throughout the child custody hearing, such as the children mimicking their parents. You also should understand that everything a child is told by one parent will more than likely be told to the other. With that, you need to keep things to yourself if they do not pertain to the child directly.

Having Conversations Online

When you have a conversation, it can be used as evidence. This means you should suspect that everything you say is being recorded throughout the child custody hearing. These conversations can include social media conversations that you take part in.

When words are spoken or written, they can be easily obtained by the court for review. When the conversations are in writing, such as on social media, they can clearly show that it was going to be known.

Our list of reasons how social media can affect child custody and parenting time should be avoided at all costs.

This is especially true when you are planning to avoid limited visitation.

Avoiding Alienation of a Child’s Affection from the Parent through Social Media or in Person

It is known that the best environment for a child is one where they have both parents. However, when a parent continuously criticizes the other, the result will be the child making the important decisions of who they prefer to live with in order to preserve the parent-child relationship.

The children will ultimately become confused and upset about this alienating behavior. Judges know that this behavior can be damaging and thus do not tolerate this behavior much.

Besides criticizing, it is also a bad idea to prevent the parent from being with the children. This behavior can be harmful to the children. It is important to remember that this alienation can be caused by both parents.

Raising your Voice Toward the Children or Parent

As we mentioned, everything that you say and how you say it will be remembered. This is also true for conversations taking place through social media. So when you decide to have a conversation where you end up yelling, it can be seen as abusive in nature by the words you choose to express.

Oftentimes, one parent is perceived as being the more dominating and more assertive half of the relationship. When this is perceived, the other person will often make it look like they live in fear. Regardless of this fear being authentic, the allegations that are made are taken seriously by the court.

The last thing that you want to do is allow her to make accusations. When accusations occur, the parent may be viewed in a negative manner, such as having no self-control.

Regardless of the difficulty, restraint needs to be shown instead of having an outburst. When restraint is utilized, then there will be no impeding bad behavior.

Making Threats of Physical Harm Towards the Children or other Parent

When you have a heated conversation through social media and self-control is lost, threats of physical harm may occur. Hopefully, these threats do not come into being, but if they do, then it will turn into a crime if physical contact takes place.

When a judge catches wind of this, then the parent causing the harm will ultimately lose any type of physical custody case, especially physical custody. When physical violence takes place, the children may become upset and confused.

When this occurs, the children may develop issues with their emotional state, which can last their entire life.

Living with a New Partner Before Divorce is Finalized

Children often have a difficult time with the divorce and even harder times when they see their parents no longer loving each other. When you add the fact that a new partner enters the scene, then it can be a complete game changer for the entire divorce and custody order.

To avoid any possible issues, it is a good idea to refrain from disclosing your new relationship through social media or sharing photos of you with your new love interest. You can expect the court to frown upon this until the divorce has been finalized.

Expose Other Parent’s Faults with Mutual Friends

The friends one parent has will likely be the friends both parents share. So you can expect that whatever you tell your mutual friend through social media or in person will likely be shared with the other parent.

When a couple going through a divorce share mutual friends, a lot of “he said/she said” can happen behind the scenes. This is never a good position for friends to be in, so it is a good idea to not express anything at all to those that share a common friendship.

Especially because social media fails to conceal the author’s identity, anything that is publicly shared with one friend, such as a comment on a friend’s photo, immediately exposes that same information to others that can view the photo.

Refusing to Provide Child Support

When you know that you have a court order to pay child support, but you decide to share photos of your new ride or new clothes around the same time that the support is to be made.

When a judge sees your online photos and status updates involving new purchases but no payments of child support, then the parent will be in contempt and possibly arrested for ignoring the court order that is binding through the enforcement act.

Posting photos of damage on social media

Posting Photos of Damage you Cause

When you post photos on social media showing the damage that you caused to property, the court will view this as aggression that has built up over time. Because of this behavior, you may be labeled as threatening.

Denying all Contact with Other Parent

Contact can come in many forms, including contact through social media. When your child has access to social media, they likely have a direct line to make contact with the other parent. However, if you deny your child access to social media, you could be denying them contact with their parents.

Your child needs to have the liberty to make contact with the other parent when they feel like it, as long as the time is appropriate.

Taking the Kids on Trips that the Other Parent is Unaware of

When you post photos of a weekend trip that you took the kids on that are away from home, it may give a bad feeling to the other parent. This can be a bad thing if there is no agreement in the parenting plan about vacations away from the home state.

When a parent does not communicate the whereabouts of the children, then it may be viewed as a kidnapping attempt. This could easily result in stripping of the parent’s rights of visitation or eliminating parenting time. This can be avoided if the other parent is notified well in advance in writing or is included in the parenting plan.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing a lengthy legal custody hearing is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning custody arrangements.

Call us today at (480) 725-2200 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.