Legal Actions

In order to make your spouse accept the initial petition for dissolution, you may consider the use of a process server in order to dispense with the need for their signature. If the divorce is uncontested but your spouse for some reason refuses to sign the final settlement order, you will have to present an affidavit to the court to prove that the divorce papers were served. You will also need to provide proof that your spouse did not respond to the petition in the number of days that they had to respond. The divorce will then have to be adjudicated by a judge in order to dispense with their need for a signature. 

Things are slightly more complex if you entered a covenant marriage in Arizona. Dissolving a covenant marriage is by statute more restrictive than the dissolution of a traditional marriage. If the spouse does not consent to a divorce, you’ll have to meet one of the statutory grounds for divorce for one to be granted. In most cases, barring other evidence (abuse, abandonment, adultery, etc.), this may require living apart from your spouse for a period of two years before an Arizona judge will grant the divorce without the signature or consent of your spouse. You should speak with an experienced attorney when deciding whether to obtain your divorce using this method if you are in a covenant marriage. 

Steps You Can Take

Along with legal remedies, there are some steps that you can take when your spouse won’t consent to the dissolution of marriage.

1. It’s important not to blame your spouse. Some people don’t readily acclimate to the idea that their marriage is ending and may react emotionally. It’s important that you remain calm, but firm if that is your choice, in order to get your spouse to come around. 
2. Give your spouse time to process. It may take your spouse some time to process that fact that you want a divorce. Be patient and willing to answer any questions if they ask. 
3. File your paperwork correctly the first time. A spouse may take advantage of the fact that your paperwork was improperly filed in order to further hold up the process. 
4. It’s vital that you attend and maintain your composure for all mediation sessions between you and your spouse. If your spouse sees that you are trying to work with them, they will be much less likely to resist the process. Talk about ways that this can benefit your spouse. 
5. Create a plan with your spouse for separation of possessions, partial custody, etc. Creating a plan that works for both you and your spouse will help them see that you have their best interest in mind. 

Before you make any decisions regarding divorce, an experienced divorce attorney can help you navigate this difficult and emotional experience, tailoring to your specific needs. Simon Law Group has attorneys with more than 30 years of experience who can help you come out of the other side of your divorce experience. Contact our attorneys today for a consultation.

What is a Divorce?

A divorce is the most common means of dissolving a marital union, and the only option that will apply to the vast majority of couple. Arizona is a “no-fault” divorce state, meaning the spouse taking the action doesn’t have to prove that the other spouse has broken the marriage. The divorce can happen even if only one spouse desires a divorce. 

In 1988 the legislature established another type of marriage, a covenant marriage. The couple comes into a covenant that they will not divorce. This results in higher standards if a spouse within a covenant marriage desires a divorce. Some grounds for fault include but are not limited to:

• Abuse in the marriage

• One spouse has abandoned the marriage and/or the children involved

• A spouse has been convicted of a felony

• Adultery in the marriage

Unless one is in a covenant marriage, where the grounds for divorce are limited, Arizona does allow for divorce without either party admitting to fault in the breakdown of the marriage. 

The parties can legally remarry as soon as the divorce judgment is rendered by a superior court, though they must present their divorce decree to prove their eligibility to remarry. 

What is an Annulment? 

Annulment on the other hand declares that a bona fide marriage never existed in the first place, generally due to some impediment at the time of marriage that would have prevented it from happening on a legal or interpersonal ground. An annulment voids the marriage from the moment it was contracted. Some of the examples of grounds for annulment in Arizona include: 

• One or both parties were already married to someone else

• The parties are related by blood to a degree prohibited by law

• One person was a minor and did not get parental consent at the time of the marriage

• Lack of mental capacity to contract a marriage

• Intoxication at the time of marriage

• Lack of intent to enter a marriage contract

• Failure to obtain a marriage license

• Marriage by proxy

• One party used fraud to get the other’s consent to marry

• Marriage under duress (forced marriage)

• The parties have not consummated their marriage, or one party refuses to do so

• Religious misrepresentation

• Concealment of prior marital statuses

• Plans to evade a prenuptial agreement on the part of one or both parties

Is Filing for an Annulment the same as Divorce? 

Assuming the couple has no children and is not in a covenant marriage, the process for filing for an annulment in Arizona is much the same as it is for filing for an at-fault divorce. The parties must file the appropriate forms with the superior court, check off one or more grounds for an annulment, and provide sufficient evidence to support their claims. 

Once all the appropriate paperwork and fees are filed with the court, a judge will decide as to whether a valid marriage exists, and if an annulment should be granted. 

Before filing for an annulment or a divorce, consult with an attorney here at Simon Law Group so they can help you with making these important decisions. Contact us today for a free consult!

1: The driver was driving over 65 miles per hour

By law, truck drivers may only drive a maximum of 65 miles per hour. If the truck driver who hit you was driving faster than this, you may have a strong case for negligence. Fortunately, data such as the truck’s speed is tracked, and your attorney can request it if you believe the truck was driving too fast.

2: The truck driver was driving too fast for conditions

A related issue is if the truck driver was driving too fast for the current conditions. If the roads were steep, curvy, or wet, for instance, and the driver was not adjusting the truck’s speed accordingly, you may have a case that inappropriate speed caused your accident.

3: The driver was on the road for too long

Another restriction placed on truck drivers is how many hours they are allowed to drive before stopping for a break or until the next day. Truck drivers who have been driving too long may start to make mistakes that could lead to an accident. If you believe inattentiveness caused your trucking accident, your attorney can request documentation showing how many hours the driver had been on the road leading up to the crash.

4: The driver had a lack of proper training

Sometimes the issue isn’t that a driver was deliberately breaking the rules, but that the driver lacked the appropriate training. This may be because the driver misrepresented their training when they interviewed with the company, or because the company has a habit of using less experienced drivers to save money. Either way, this can qualify as negligence, either on the part of the driver or the trucking company.

5: The company has a history of high turnover

If, once your attorney starts looking into the trucking company, they find that the company has a history of high turnover, that may be a red flag with which you can build your investigation. A high rate of turnover demonstrates more than just employee dissatisfaction. It also indicates that the company may not be taking the time to train employees correctly, which can lead to negligence and accidents.

6: The vehicle didn’t meet maintenance standards

If the accident investigation determines that the accident was caused by equipment failure, you and your attorney will want to request maintenance records for the vehicle prior to the accident.

7: The vehicle was using defective equipment

If there was an equipment malfunction, it may not have been due to a lack of vehicle maintenance, but rather a defect in the equipment. In this case, it may be in your best interests to focus your case on the manufacturer rather than the truck driver or company.

If you’ve been injured in a trucking accident, it’s important to talk to an attorney as soon as possible to start looking into the cause of the accident. Remember, you have a maximum of two years in which to bring your case to court. Contact the Simon Law Group today for a consultation of your case.

Understand the Process

Divorce can seem like a big scary event, especially if you’re extricating yourself from an abusive relationship at the same time. If it’s difficult to address all this at once, it may help to focus on the legal steps of a divorce. Once you know the legal steps of filing for a divorce, you can shut out much of the emotional manipulation by letting your attorney manage all the legal matters.

Seek Professional Mental Health Support

Struggling with how to cope with divorce is common enough that many turn to therapy for additional support, but the stakes become even higher when leaving an abusive marriage. Mental health support is important not only to help you get through the difficulty of a divorce, but also to repair possibly years of damage from being in an abusive relationship.

Get Mental Health Support for Your Kids, Too

If you were in an abusive marriage and have kids, it’s a good bet that your kids will benefit from therapy, too. Even if your children were not abused that you know of, if they saw one of their parents abusing the other, it affects them deeply. A therapist will also be valuable support for them as they navigate their new family structure, especially if they have ongoing contact with the abusive parent.

Surround Yourself With a Support Network

Professional mental health support is invaluable when you’re recovering from something like abuse, but a therapist cannot provide the day-to-day support that a good support network does. Surround yourself with supportive family and friends during this time, both so that you have someone to talk to and also so that you have someone to turn to in an emergency.

Prioritize What’s Best for You and Your Children

Grant yourself some compassion and grace as you travel this path. Take a deep breath and remind yourself that you’re doing what’s best for you, and if you have children, what’s best for them too. Keep that in mind as you encounter hurdles, and try to always prioritize what’s best for you and your children.

Get Legal Help

Last but not least, make sure you have a strong legal guide throughout the process. An experienced family law attorney can help you navigate the divorce proceedings and provide some protection from your abusive ex-partner. In addition, if there is a paper trail for the abuse, they may be able to present a strong case for limiting your ex’s contact with you and the children.

Getting plenty of support in all areas is incredibly important when leaving an abusive relationship. You will need not only legal support, but also plenty of mental and emotional support, from both professionals as well as your support network. At the Simon Law Group, we are sensitive to the unique needs of those who are leaving abusive situations. Contact us today for a consultation, and we can make a plan together for getting you through this.

Arizona Custody: Decision-Making Rights vs. Parenting Time

First, it’s important to understand how Arizona determines custody. In 2013 Arizona changed the terminology to decision-making rights and parenting time. Decision-making rights dictates who has the right to make legal decisions about the child’s health, care, and upbringing, and parenting time determines where the child spends their time. Even in joint custody situations, both of those may not be precisely equal. For instance, even when both parents have decision-making rights, one parent may have the tie-breaking vote if they can’t come to a decision together. Likewise, the child may spend more time with one parent than the other, if, say, that parent’s residence is more convenient for school.

Making Decisions in the Best Interests of the Child

But how does the court decide how decision-making rights and parenting time is divided? Arizona family law dictates that all decisions should be made according to what is in the best interests of the child, rather than what is better for the parents. Arizona is also operating under an assumption that it is in the best interests of the child to maintain good relationships with both parents. This is, of course, unless there is a strong reason as to why it’s not beneficial, or even could be harmful. When we start considering that is when we start getting into whether you have grounds for full custody of your child.

Deciding Whether You Have Grounds for Full Custody

When it comes down to it, getting Arizona family court to agree to full custody will require a strong case that full custody with one parent is best for the child. Typically, that requires that the other parent fall into at least one of the following categories:

• A long distance parenting relationship, where the parent is unable to perform their parental duties
• A history of mental health issues that could potentially compromise the parent’s ability to care safely for their child
• A history of alcohol or substance abuse that could endanger the child if the parent indulges when they have care of the child
• A criminal history that would cause concern about the parent’s ability to care safely for their child, or a current sentence that would make the parent unable to perform their duties as a parent
• A history of abuse, either domestic or abuse of the child, that could put the child in danger
• Abandonment of the family or child

In the one of these situations, you may have grounds for full custody of your child. Keep in mind that Arizona courts do not take these rulings lightly, and will only aware full custody when there is a strong case to show it’s in the child’s best interests.

The Importance of a Good Family Law Attorney

As you can probably imagine, it’s not enough just to have the grounds for full custody. You will need to make a strong case before the judge, demonstrating beyond a doubt that it’s in your child’s best interests if you have sole decision-making rights, parenting time, or both. To find out if you have grounds for full custody, and to start building a strong case, contact the Simon Law Group today.

Chances are, you have emotional ties to your small business, in addition to it being your livelihood. The sooner you start taking steps to protect it, the better. It doesn’t matter if you’re not married yet, or if you are happily married and have no concerns about ever getting divorced. Anyone who is currently trying to protect their business during a divorce will tell you that it’s never to early to think about how to protect it.

Here are a few suggestions on what to do from the very beginning of your company, or marriage, in order to prevent challenges that would arise in the event of a divorce.

Form an LLC before the marriage

If you own a small business and think you might want to form an LLC, do it before you get married, so that the business is entirely yours. It is harder to make a case that an LLC formed after the marriage is not community property. Also, once you get married, be sure to keep the LLC completely separate from your marital finances.

Make a prenuptial agreement

One of the strongest ways to protect your small business in a divorce is to sign a prenuptial agreement with your spouse before you get married. The agreement should establish that the business is entirely yours and will not be divided in any way in a divorce. Consult with an attorney to ensure this agreement is airtight.

Fix the oversight with a post-nuptial agreement

A post-nuptial agreement isn’t as strong as a prenuptial, but it can still get the job done. These agreements are a little more tricky, though, as they aren’t valid in all states, even though they are in Arizona. It’s best to consult with an attorney to ensure your post-nuptial agreement will be strong enough to hold up in court if there’s a divorce.

Minimize your spouse’s role in the business

Another necessity if you’re going to protect your small business in a divorce is to ensure your spouse doesn’t contribute too much. In the best case scenario, your spouse shouldn’t have any role in your business whatsoever, as they could use that to claim they were material in your business’s formation or growth. If your spouse does work for the business, have them sign a buy-sell agreement to limit their claim on the business in case of a divorce.

Keep the business’s finances separate

With many small businesses, it’s all too common for business and personal finances to blend. Keep separate accounts for the business and document everything meticulously.

Pay yourself a generous salary

Finally, it’s not enough just to keep the business’s finances separate. Be sure to pay yourself a salary, and pay yourself well, so that it doesn’t look like you were withholding part of your income (which, remember, is community property once you’re married) to benefit the business.

The more of these precautions you can take, the better it is for your business. Even if it’s too late for some of them, if you are starting to grow concerned that your marriage is headed for a divorce, it’s never too late to start doing what you can. Contact us at the Simon Law Group today to find out what steps you can take to safeguard your business from divorce.

Is It Community Property or Separate Property?

The first thing to do will be to determine whether your small business would be considered community property or separate property under Arizona’s marital property laws. For assets and debts, Arizona considers anything that was acquired during the marriage as community property, with the exception of any gift to one spouse that hasn’t been added to the marital property. Therefore, any business started during the course of the marriage would be considered community property.

If you started your business before the marriage, on the other hand, it would be separate property, as long as the marriage didn’t contribute to it in any way. Any contributions to the business would mean that you’d have to determine how much your business grew in value during the marriage, and that portion would be considered community property. For instance, if your business made use of the joint accounts in any fashion, or if your spouse could argue that their contributions enabled you to build your business, then at least part of your business would be considered community property.

How to Value Your Small Business

If your business is determined to be community property, in part or in full, you’ll need to figure out a fair value for the business. Often this is determined by analyzing the business’s earning potential, now and in the future. If you started your business, you will also need to look at the business’s earning potential or value when you first married, compared to now. Consult with your lawyer regarding valuing a small business for division during a divorce. It might be worthwhile to have an expert place a value on the business.

Options for Dividing the Business

Dividing a business during a divorce can be a delicate process. In Arizona, community property laws dictate that everything should be divided in half between both parties, which can create strain on both parties during and after the divorce, if the division of the business forces shared interests and continued contact with one another. In many cases, Arizona courts prefer to either divide the community property so that one spouse takes the business and the other is compensated with a greater share of other property. Another option is to sell the business and split the profits between the spouses accordingly..

Avoiding Double Dipping

Double dipping happens when one spouse gets paid twice in the course of dividing the business. For instance, if one spouse is paid half of the business’s value based on potential income, and also receives child support and spousal maintenance each month based on the same income figures, that spouse is getting paid twice on the same math. Both parties will need to work together in mediation to find a solution that is acceptable to both sides, or go to court and let the judge decide what is fair.

The Role of Legal Representation

With Arizona’s community property laws, divorce can be tricky when you’re trying to divide a small business. In these cases, it’s more important than ever to have an experienced divorce attorney to represent your best interests. For more information about how your small business could complicate your divorce, contact the Simon Law Group today.

1: Consult with a lawyer.

Make sure you talk to at least one family law attorney before filing for divorce. In your consultation, the lawyer will ask about things like finances, children, and other issues that could complicate the divorce or possibly even endanger you and the kids. Even if you don’t hire the first lawyer you talk to, you should leave their office with a clearer path forward.

2: Gather financial documents. The division of marital assets will be one of the most central issues in the divorce, so it’s a good idea to know ahead of time what to expect. Gather financial statements from all of your marital accounts, including checking, savings, retirement, and debt. Assembling this information before you file is a good idea as it makes it harder for your spouse to seek revenge or hide money.

3: Open your own accounts. Once you announce your intention to divorce, your spouse may use marital assets in an attempt to control the situation, including but not limited to draining joint bank accounts and maxing out joint credit cards. Opening your own checking, savings, and credit card accounts now will help to secure your financial stability during the divorce proceedings.

4: Pay down shared debt. If you have the ability to pay down shared debt and close accounts before filing for divorce, it’s a good idea to do so. Closing accounts will help to prevent a spouse from running up the debt out of retribution once you file.

5: Freeze your credit. It’s also a good idea to freeze your credit before filing for divorce. Once you’ve opened your own credit card and bank accounts in just your name, you can freeze your credit by calling all three credit reporting agencies. Once frozen, no one will be able to get credit in your name unless you call first to lift the hold.

6: Clean up your social media accounts. Once you’ve done your due diligence to protect your finances during the divorce, protect your future by making sure your social media accounts don’t have anything on them that could be used against you. This is especially true if you have children with your spouse, and anticipate a custody battle.

7: Wait until you’re ready to announce the divorce. Even if it feels a bit like pretending, it’s important not to voice your plans to file for divorce until you’re ready. A spouse may react completely differently than you expect once you announce your intentions to divorce them, so make sure you’ve taken all the necessary steps to protect yourself.

8: Request temporary orders. Once you file for divorce, you’ll be in a kind of limbo, where you and your spouse no longer completely share assets, but are not yet really separate households, either. Don’t be afraid to request temporary orders to help you through this time. This may include temporary spousal maintenance, called pendente lite, as well as child support and a temporary parenting schedule.

Filing for divorce can be an intimidating step, but having an experienced family law attorney on your side can help reassure you. To schedule a free consultation, contact the Simon Law Group today, and we’ll help you be as ready as possible when it’s time to file.

What If You’re Not the Child’s Custodial Parent?

Despite Arizona’s attempts to simplify matters of custody, there are times when non-custodial parents or even other adults find themselves in a position of needing the court to intervene and ensure they can continue to spend time with the child. Are you wondering if you can get court-ordered child visitation in your unique circumstances? Here are a few types of people who can, in the right circumstances, get court-ordered visitation in Arizona.

Non-Custodial Parents

Although the state of Arizona has a policy of trying to share custody as equally as possible between both parents, it’s not always possible. For parents who aren’t granted an equal share of decision-making rights and parenting time, it may be possible to get the courts to allow visitation with your child. Depending on the situation, you may or may not have to submit to supervised visitation, at least temporarily.

Grandparents

Sometimes grandparents may be able to successfully pursue court-ordered visitation with their grandchild. In Arizona, the family court allows you to purse child visitation with your grandchild if one of the parents is deceased or missing, if the parents weren’t married when the child was born, if a divorce is pending, or if the parents have been divorced at least three months. The court will also look at the grandparent’s past relationship with the child, why the grandparent is pursuing visitation, and why the parent is opposed to it.

Step-Parent

A non-biological parent can sometimes be awarded third-parent visitation in the state of Arizona. Typically the step-parent will have to demonstrate that they fulfilled the role of a parent in the child’s life, by showing the history of their relationship with the child. Since Arizona makes child custody and visitation decisions based on what’s in the best interest of the child, if a step-parent can show that cutting them out of the child’s life abruptly would be harmful to the child, the judge may allow for third-parent visitation to maintain that relationship.

How to Pursue Child Visitation

If you fall into one of these categories, you may be awarded child visitation if you present your case before Arizona’s family courts. These cases are a little less cut-and-dried than the standard child custody case, however, as you’ll need to be able to make a strong case demonstrating your relationship with the child and proving that a continued relationship is in the child’s best interests.

With such a challenging case to make, it’s important to have a family law attorney who is knowledgeable about pursuing visitation in atypical situations. Once you have an experienced lawyer assisting you, they will help you build your case in a way that will get the judge’s attention. For more information about child visitation or to determine if you have a viable case, contact the Simon Law Group today and schedule a free consultation.

Get Medical Attention

It’s important to have the bite examined as soon as possible, even if it means a trip to urgent care. Be sure to follow all care instructions and schedule any recommended follow-up visits to keep tabs on the bite as it heals. Keep in mind that bites in sensitive areas, such as the face, may require plastic surgery to reduce scarring and restore your former appearance.

Don’t Post on Social Media

While it may seem tempting to talk about your ordeal on social media, it’s best not to post about it. It’s especially important not to go to social media looking for advice. Social media posts can be used against you if you later decide to pursue legal action. The best way to ensure you don’t post the wrong thing is to not post anything about it at all.

Consult With an Attorney as Soon as Possible

The best person to answer your questions isn’t a friend on social media, but a seasoned dog bite attorney. Consultations are generally free, so discreetly ask around for attorney recommendations, and schedule an appointment as soon as you’re able to. It’s imperative for your case that you get legal advice as early as possible.

Collect Proof of the Incident

As soon as you can, start gathering proof of the incident. This may include video footage, photographs, and even witnesses who can corroborate your story of how you were bitten. If you were on the dog owner’s private property, it’s also important to show that you were visiting on their invitation, and not trespassing.

Keep All Medical Records

Depending on the severity of the dog bite, you may have numerous medical expenses piling up. Be sure to keep all medical records, bills, and receipts pertaining to the bite in a separate file. It’ll be important to keep the records in order to track the financial burden of the bite. Your attorney will want to see the file when you meet with them for the first time, and will help you build a strong case to show to the judge if you have to go to court.

Assemble Any Other Evidence

Medical expenses may not be the extent of the financial burden you suffer due to a bite. Missed work due to recovery time and doctor’s appointments also represents a financial burden, as it results in lost wages. Severe injuries can mean lost income over the long term as well, especially if they result in a temporary or permanent disability, a lost job, or an impacted career. Collect documentation of any and all ways the bite has impacted your finances.

Don’t Wait!

Most important of all, don’t hesitate to act after you’ve been bitten. Under Arizona law, you have only a year to bring a a case to court under the dog bite statute, and two years under the less-favorable negligence statute.

Ready to take action on your dog bite? With an experienced attorney’s guidance, the medical bills and legal proceedings will seem less overwhelming. Schedule a consultation with the Simon Law Group today and let us help you with your case.