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Archive for July, 2013

Factors Considered By The Court While Granting Joint Custody In Arizona

Posted on: July 17th, 2013 by Scott Law

Like any other state, Arizona gives highest priority to the best interests of the child when granting custody to the parents. Before the parents file for joint custody in Arizona, there are certain aspects they must be familiar with so that the entire process is smooth. When granting joint custody, or joint legal decision making authority, the court takes into consideration several factors which are discussed below.

 

The court will first check if there is an agreement between the parents to  joint legal custody of the child. If the court finds that there is a disagreement, it then analyzes the basis for it. It checks whether the lack of agreement is reasonable or not. Further, it examines whether the reason for disagreement is in anyway related to the best interests of the child. The feasibility of the joint custody arrangement is also checked. The court will also examine whether the parents can communicate in an effective and cooperative manner when it comes to custody sharing.

 

Apart from this, the court also looks into factors that might endanger the child in any way. It is examines whether any of the parents has a history of drug and alcohol abuse,  violence or any criminal convictions. The court will consider a person’s history before granting or denying custody to a parent.  The court can look to the parent’s behavior as a whole and consider any counseling, classes, community service and therapy that the parent has participated in.  The court is entrusted with the very sensitive job of deciding whether a parent is fit to make legal decisions regarding their minor children and whether the parents are able to make these decisions together. 

 

When going through a Divorce or Custody case in the North Valley, it is important to have an experienced Glendale Divorce Attorney or Custody Attorney in Desert Ridge to assist you in working towards a custody arrangement in the best interests of your children. 

Debt Division and Divorce

Posted on: July 10th, 2013 by Scott Law

It is not simply assets like the marital home that are divided during a divorce, all of the marital debts are divided in an Anthem Divorce case. There are two common ways in which you can divide the debts of a marriage. The first option is to satisfy the debt jointly before even filing for divorce. The second option is arriving at an agreement where each spouse takes the responsibility of paying back a part of the debt.

 

The problem with the second option is that a spouse may not respect the agreement that is entered.  The spouse who has taken the loan is then left with no option but to pay the debt himself/herself or to seek the assistance of the court. Keep in mind that your lenders will not take into consideration the fact that you are now divorced and will just demand the money back. 

 

Not all debts are divided during divorce. Oftentimes debt incurred to enhance one parties career, such as college courses or trade schools, will be deemed the debt of the person receiving the benefit of that debt.  Debts incurred prior to the marriage will not be divided in the divorce as they are considered the sole and separate debt of the incurring party.  In addition, debts incurred from the date of serving the divorce petition are typically considered to be the responsibility of the person incurring the debt.  Your Desert Ridge Divorce Attorney should be sure to consider these debt issues during an in-court or out-of-court divorce settlement.

 

Arizona is a community property state, which means that you are presumed to be responsible for the debt incurred during the marriage regardless of whose name the debt is in. For instance, you become responsible for your home mortgage even if your name is not on it.  Despite the presumption of joint debt responsibility in a community property state, the Court can consider evidence to the contrary.  For assistance with such complex debt issues, you need the help of an Anthem Divorce Attorney who is experienced in community property laws.  Contact Scott Law Offices for more information.