Challenging Times and Family Law (Divorce, Child Custody, Assets)

| Family Law | March 25, 2020

In Times of Challenge

Sometimes couples are pushed to their limits in times of crisis. Many times, we are glad to say, they come out stronger and better together in the end. However not every couple does well under pressure, whether it be financial struggle and uncertainty, health problems or social challenges. Unfortunately with the current pandemic, we are starting to see all of those challenges coming together at once.

Financial Struggle

Let’s face it, the current financial situation in the country, and world, hit us like a ton of bricks with relatively little warning. Governments and the private sector needed to act swiftly and as a result some of us got caught in the mix without warning. Working from home, reduced hours, furloughs, and yes even permanent closures of businesses resulting in workers being laid off, have rapidly increased the financial uncertainty and stress on families. With congress announcing “stimulus packages” and what to do to come out of this financial crisis, many of us remember vividly the last time we, as a county, were in a similar situation financially. We strongly encourage couples to seek advice from professionals at this time. Financial professionals such as financial planners, CPA’s and even other legal professionals that have seen and been through this before can offer advice to hopefully allow couples and families to come out of this stronger. We also encourage those that have recently been through a divorce, child custody, spousal maintenance proceedings or other family law related issues to contact a family law attorney to discuss and review the financial arrangements and obligations in this current financial atmosphere and to make sure you and your assets are protected.

Health Problems

Please let us be clear, we are not medical doctors and we are not offering any medical advice in this article. However, we are sharing with you that health problems within a family sometimes rise to the level of the need for family law legal advice. Health concerns, whether it be personal or regarding a spouse or family member, can cause stress and friction within a relationship. As with the preceding paragraph, we strongly encourage you to seek out advice from licenced professionals and counselors regarding this matter. Medical doctors, therapists and counselors can help give better clarity regarding theses matters.  If there are legal questions that arise, please seek out the advice from an attorney to help guide and direct you with regards to the legal matters.

Social Challenges

With the term “Social Distancing” entering into our common vernacular, along with “stay-at-home” orders and “self quarantines”, we are entering a time that can challenge the very nature of what makes us human. It has become natural for us to socialize and gather with like-minded individuals. Without social interactions, courtships and gatherings the very idea of “coupling” or marriage may not have even formed. Even after family relationships are forged, we are still naturally social beings and we seek direct and close social engagement not only with our spouses and families, but others as well. As a result of some of the directives in social distancing and self quarantining, some may now feel “trapped” or “cut off” from their normal lives. And even as this opportunity gives us a time as couples and families to be together, some may feel overwhelmed. A spouse that is “always there” may not be the most ideal family situation and may lead to further discord. Once again seek advice from professionals that can assist in this regard and if there is a need for advice from a family law attorney, please reach out and gain insight and direction.

What We can All Agree on

We’re sure what we can all come to an agreement on is that we would like this current pandemic to end. As we all do our part we know that we will become stronger in certain regards and that the current situation will not be “forever”. We want you to know that we are here for you in this trying time. If you have any legal questions regarding your current family arrangement or are seeking advice for the future, please call our office at (480) 285-1735. We are Duenas Eden Law, PLC and we are trusted family law attorneys focusing on family law related issues including; divorce, child custody cases, child support, spousal support, same-sex legal issues and other family law matters servicing Ahwatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Call today: (480) 285-1735.


Something Has Changed…Modifying a Decree of Dissolution of Marriage (Maybe) – Divorce

| Alimony / Spousal Maintenance Child Support Divorce Legally Speaking | March 11, 2020

What is a Divorce Decree?

In the ever-changing society we live, people are filled with reasons why they want to modify some portion of their divorce decree. There are things that can be changed and things that cannot.

Perhaps I should back up and explain what is in a divorce decree. When two people get divorced or dissolve their marriage, they are supposed to divide their assets (house, vehicles, bank accounts, retirement accounts, etc.) and their liabilities (credit card debt, student loans, vehicle loans, etc.) between them. There must also be orders about their children, child support and spousal maintenance.

Can I get a “Do-Over” in Division of Property or Debt?

Usually, after the divorce decree has been signed, the court will not modify property and debt division. There may be certain circumstances when these things may be revisited and modified, but generally speaking, a party does not get a “do-over” if they received or negotiated a bad property deal.

Decree Changes Regarding Children

Unlike property and debt division, anything related to children – custody, parenting time and child support are always modifiable upon a showing of a substantial and continuing change in circumstances or a showing that it is in the child’s best interest. Which one depends on the situation? Why are people able to change these orders? Because children and their needs are ever changing, orders must be as well.

Spousal Maintenance (Alimony) Changes

Spousal maintenance or alimony may be modified depending on the situation, such as if a spouse has changed employment, finished schooling or something else which results in a change in income. If the parties agree, they may make the spousal maintenance unable to be modified.

Modifying a Court Order

So how does one go about modifying a court order? If it relates to children, the parties can participate in mediation through the court and if an agreement is reached, oftentimes the mediator will prepare the necessary paperwork to reflect the agreement. If an agreement cannot be reached, then one person has to file a request to modify through the court. It is a lengthy process that may take a few months or more to resolve. Emergency modifications are usually limited to very narrow and discrete situations, which would have to be the topic of another article.

The failure of one parent to plan accordingly does not create an emergency situation – i.e., if a parent wants to modify a child’s school, the time to request such a modification is not right before school starts.

Questions? Consult with a Family Law Attorney at Duenas Eden Law

If you have questions about whether you are able to modify an existing family court order, you should consult with a family law attorney.

If you would like do discuss further, please contact the Family Law Attorneys at Duenas Eden Law, PLC. We are experienced and trusted lawyers focusing on Family Law including; Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. We are Family Law and Child Custody Lawyers servicing Ahwatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Call today: (480) 285-1735.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the September 2012 edition of Ocotillo Living

What’s a Parenting Plan? (Family Law, Child Custody)

| Child Custody Divorce Legally Speaking | March 4, 2020

Avoid Disputes

Don’t involve the police in parenting exchanges. Do not go to court every time there is a disagreement with the child’s other parent. A parenting plan is designed to try to do all of those things, and more. A well thought-out and well-drafted parenting plan will become a very helpful document to parents in a situation where a child spends time with both parents.

 

What Should a Parenting Plan Address?

Specifically, a parenting plan should address daily parenting time, such as when little Johnny or Susie will be with mom and when the child will be with dad. Details are important – such as the days of exchanges, times of exchanges and where exchanges occur. Things such as who may transport the child and who is supposed to drive for parenting time are things that people often spend a lot of time and money fighting over. Many people use school as the exchange location to avoid having to see one another.

 

Holidays

Holidays are another important issue to discuss. Each family has holidays that are more important to them than others. If a holiday or specific day is important, it should be addressed. This includes defining the time of the holiday – i.e., is Thanksgiving just on Thursday for a specific time or does it encompass the entire weekend from Wednesday after school until Monday morning when school starts again? If a holiday is not important, it does not need to be discussed. Many parents try to limit changes to the parenting schedule and may not include every federal or state holiday in their plan.

 

Extracurricular Activities

How are extracurricular activities going to be divided? It may seem like a great idea to share equally in all extracurricular activities until the other parent decides to sign a child up for an expensive activity or one to which the other party objects.

 

Take the Time to Talk with a Family Law Attorney

Time spent discussing parenting plans is usually well spent. Few relish in the thought of returning to court to address issues that were not appropriately described the first time. Although it may be very difficult to imagine the child spending a holiday or regular day with the other parent, it is worse to be arguing over a particular holiday days or hours before the holiday begins. Take the time to talk with a family law attorney to discuss the importance of a detailed parenting plan.

If you would like do discuss further, please contact the Family Law Attorneys at Duenas Eden Law, PLC. We are experienced and trusted lawyers focusing on Family Law including; Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. We are Family Law and Child Custody Lawyers servicing Ahwatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Call today: (480) 285-1735.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the October 2012 edition of Ocotillo Living

The Downside of Social Media (Family Law, Divorce & Child Custody)

| Child Custody Divorce Legally Speaking | February 24, 2020

Facebook Leads to Bigamy Arrest

The headline read something like that a few years ago in the newspaper which, being a divorce attorney, caught my attention. A man had been married, separated from his first wife, changed his name, moved and a few years later married a second time. If you are on Facebook, you know that it will suggest people you may know based on location, friends, groups, etc. Apparently, Facebook suggested to wife #2 that she “friend” wife #1 because they may know each other. Somehow wife #2 realized this was wife #1 and then discovered it was not ex-wife #1! The police were called and husband now faces bigamy charges. Oh, the powers of the internet and social networking.

Facebook creates relationships and, apparently, destroys others. In this age of social media, people are finding long-lost loves and friends. I am hearing more and more people say, “Facebook ruined my marriage.”

Can Your Social Media be Used in Court?

Arizona is a no-fault state, meaning that under the law, a spouse does not need to prove that they are entitled to a divorce. Wrongdoing (such as an affair) during a marriage rarely is considered by the court, except in certain circumstances. However, Facebook entries are becoming increasingly relevant in child custody cases, such as when one parent is trying to prove the other has a drinking problem. What may seem like an innocent/ funny status update of “out with friends at the bar until 3 a.m., so drunk I forgot to take out my contacts before I passed out” or something similar may be used against that parent in court. Or, of your 500+ “friends” one may try to take advantage of an empty house when you say, “heading to the airport to leave for the Bahamas for 2 weeks!” Be careful of what you post and when you “check-in” places – it’s like leaving your garage door open with a big sign that says, “I’m not home, come take what you want!”

Bottom Line – Social Media is Not “Private”

Facebook [or any other social media] is not private. Even with privacy settings, if it’s posted online, what you post or who you friend may come back to haunt you!

 

When to Talk with an Attorney?

If you are facing a divorce or child custody case and have questions, contact the Family Law Attorneys at Duenas Eden Law, PLC. We are experienced and trusted lawyers focusing on Family Law including; Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. Divorce and Family Law in Ahawatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Call today: (480) 285-1735.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the May 2012 edition of Ocotillo Living

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