3 ways to turn your divorce into a disaster
Divorce is rarely easy, but some couples manage to navigate the process with a minimum of animosity – especially if they make conscious choices about trying to negotiate a fair and reasonable split and approach each other with kindness.
Your hopes of an amicable split, however, can go out the window really fast if you make a few key mistakes. Here are three “wrong moves” you can make that will turn your divorce into the stuff of nightmares:
1. Start blasting your feelings on social media
You may be very accustomed to sharing the details of your life on your social media page – but you may want to keep the vast majority of your feelings about your divorce (and your spouse) to yourself if you want your divorce to go smoothly. One acerbic or disparaging post about your spouse can cause hard feelings to rise to the surface and turn what might have been a reasonably cooperative negotiation process about custody, support and the division of marital assets and debts into a battle. Step away from your keyboard for the duration.
2. Start dating before the divorce is final
You may have emotionally moved on from your marriage a while ago – long before the paperwork on the divorce gets started. Your spouse may not quite be on the same page. Even if they initiated the divorce, seeing you happily (and publicly) embrace a new partner may stir up a lot of embarrassment and hurt on their end. If you’re looking to avoid unnecessary drama, hold off on dating until the ink is dry on your divorce.
3. Fight over the small stuff
Change can be hard – but resist the urge to cling to the past, especially if that means fighting over things that can be replaced, like household goods and furnishings. Sit down and make a priority list of what really matters the most to you in your divorce and try to be generous with your spouse about everything else. Small acts of goodwill – like letting your spouse keep the glassware from the wedding even though it came from your great aunt – can buy you a lot of cooperation during this process. Meanwhile, fighting over every small object can erode any chance of an amicable split.
It’s always wise to have sound legal guidance from the start of your divorce, but it’s equally important to consider how you want your divorce to proceed and act in a way that makes that more possible.
Can you share marijuana in Arizona?
Like many other states, Arizona has legalized recreational marijuana. It can be sold at a licensed dispensary, and people can buy it simply for adult use – not just medical use. Since 2021, dispensary owners have been able to get the proper license and set up businesses making sales of cannabis products like flowers, plants, seeds or edibles.
As a consumer, you are not allowed to make these sales yourself. You may be able to buy plants and grow them on your property for personal use, but you cannot start selling those plants to friends and family members. You need to have the proper license to run a dispensary. Recreational marijuana sales are legal, but not necessarily for everyone.
But how does this law apply to sharing marijuana products? Say that you’re going to watch a football game with your friends and you bring a package of edibles. Can you share them with your friends or would you be accused of drug distribution?
Money can’t change hands
Sharing is permitted under Arizona law, as long as both people are at least 21 years old. If they’re under that age, they’re not allowed to possess marijuana at all, so you cannot share it with them. This is essentially the same way that the law works for alcohol products.
Additionally, you do truly have to be sharing, meaning that you don’t get any financial compensation. Your friends are not using you as a middleman and making purchases. You’re sharing of your own free will, without receiving any money in exchange, keeping it from being a drug sale.
As you can imagine, misunderstandings with these new laws could lead to criminal charges. If you find yourself facing such allegations, be sure you know what legal defense options you have.
How do police spot drunk drivers?
Some DUI stops begin as minor issues. Perhaps a person’s license plate light has burned out, so an officer pulls them over to let them know. The officer then realizes that the driver is impaired and makes an arrest.
But these cases can sometimes be problematic for the prosecution, as the defense can argue that there wasn’t really probable cause. The driver didn’t make any mistakes or put anyone in danger. They were just pulled over on a technicality and now a DUI charge would change their life forever. As such, police will often look for more concrete reasons to make a stop, watching for clear indicators that the driver is impaired behind the wheel.
Signs they look for regarding impaired driving
Although signs of impairment can take many forms, here are some of the most common ones that police officers look for:
- Someone who is driving at night but doesn’t have their headlights on.
- A car that keeps drifting between lanes or drifting over the centerline and into oncoming traffic.
- A driver who has a near miss, such as almost driving off of the road or almost hitting a parked car.
- Someone who is driving erratically and unpredictably.
- Someone who is speeding or even driving far below the posted speed limit.
- Drivers who don’t react as expected to the road conditions, such as a driver who stops well in front of a red light or who does not proceed forward when that light turns green.
The probable cause for the traffic stop is just the first step. Officers will often then collect other evidence, such as the results of a breath test or a field sobriety test. Those who are facing serious criminal charges in Arizona need to know all of the defense options at their disposal.
Splitting up parenting time can be the most heartbreaking part of a divorce. Parents love their children and want to be present for every milestone, school project and basketball game. When they have to share parenting time after a divorce, they miss out on important moments with their children.
Some of that is inevitable, as people never know what can occur on any given day. A random Tuesday might be the day that a high school student gets asked to prom for the first time. Parents do have to accept that they are likely to miss at least a few developmental and social milestones in a shared custody scenario.
That being said, there are many special days that parents can predict and plan for ahead of time. For example, shared custody arrangements need to include an appropriate division of holidays, birthdays and similar special occasions.
How can parents share special days?
The best approach to dividing parenting time on holidays and other special days depends on several factors. The relationship between the parents, the age of the children and even the number of children in the family can influence the best arrangement.
Some parents establish a basic alternating schedule. They alternate between holidays and have opposite schedules every other year. That allows both parents to celebrate all major holidays with their children in a manner that is relatively fair and even.
Other times, parents can exchange custody on special days. The kids can spend half of their birthday with one parent and the other half with the other parent. This approach helps ensure that both parents have an opportunity to spend time with their children on special days and can help those children feel like they are a priority to both of their parents.
In cases where parents maintain a relatively healthy and amicable co-parenting relationship, they might even agree to share celebrations. Doing so can keep the whole family together and can preserve traditions that the children view as important to their sense of family.
Occasionally, unique family circumstances allow for a different approach. Families with multiple children might have half of the children go with one parent on a holiday and the other half stay with the other. They could work that into an alternating arrangement.
Other times, the parents may come from different cultures or religions and may prioritize different celebrations. A parent with Jewish heritage could have the children for all of their major religious holidays while letting their Christian co-parent celebrate Christmas and Easter with the children.
Trying to find a fair way to address child custody on special days is as important as negotiating a reasonable division of overall parenting time. Parents who explore different solutions can create a custom parenting plan that truly meets the needs of their families.
The perils of a DIY divorce
Some couples prefer a do-it-yourself (DIY) divorce for various reasons. It could be the perceived simplicity, a desire to avoid conflict or save money. However, a DIY divorce can come with several risks that can lead to complications down the line.
Here are some of the pitfalls associated with a DIY divorce that you should be wary of if you are considering this option.
An unfair settlement
Some contentious issues in a divorce, like dividing marital assets and debts or determining spousal support require a clear understanding of your rights and entitlements. Otherwise, you risk agreeing to an unfair settlement that could have far-reaching financial implications on your post-divorce future.
Incomplete or incorrect paperwork
Filing for divorce in Arizona requires completing and submitting various forms and documents. Any mistakes or omissions in the paperwork can cause delays or result in difficulties in the divorce process.
Undesirable tax consequences
Without proper guidance, you may overlook some critical tax implications of the divorce. For instance, dividing some assets like retirement accounts or selling the marital home may attract taxes you may be unaware of. This can lead to unexpected financial burdens, audits and penalties.
Unforeseen complications
A DIY divorce may seem pretty straightforward, but you may run into complications that you had not anticipated. For instance, you may disagree over issues like asset division or child custody, which can prolong the divorce. Additionally, undoing some of the decisions made in a DIY divorce can be a costly and complex legal process.
The allure of a DIY divorce may seem attractive initially, but it is important to put your interests first. Prioritize your future and financial stability, keeping in mind that the divorce can impact your life for years. Having legal guidance can help protect your interests and ensure a fair settlement.
As you may expect, addiction can impact child custody arrangements. While a parent’s decision to enter rehab voluntarily is commendable, it may still raise questions about the involved child’s well-being.
Addiction impacts people from all walks of life, but it does not necessarily mean those stricken with this illness are not fit to parent. Protect your rights with information and legal guidance.
How can substance problems affect custody decisions?
It depends on your family’s unique situation, but Arizona prioritizes the child’s best interests in custody decisions. Addiction itself may not threaten your custody rights, but a recent history of substance abuse might cause a judge to limit your role with your children.
At the same time, seeking treatment voluntarily can demonstrate a positive step towards recovery, potentially adding a mark in your favor. However, the court will probably want to know what you are doing to recover. Completing these two steps can help show you have turned over a new leaf.
- Participating in and completing all requirements of your treatment program
- Renewing your commitment to sobriety by complying with post-treatment orders after leaving rehab
Be ready to present documentation showing that you finished your treatment and have taken steps to remain sober.
Protect your custody rights
Rehabilitation could take some time. Of course, you want to focus on recovery, but stay in touch with your child. This can ease their concerns and yours while showing the court you value your parent-child bond.
A legal representative can offer additional protection. They can help you explore child custody modifications and other solutions that may allow you to heal without sacrificing your children.
A breath test isn’t necessarily accurate
It’s easy to understand how a field sobriety test could be inaccurate. Maybe you were pulled over and you just didn’t hear the police officer clearly, and so you failed the test. Or maybe you performed the test successfully, but the officer just made a judgment call and decided that you didn’t pass. Field sobriety tests are not a very scientific process.
On the other hand, a breath test certainly does feel like a scientific process. The chemical test measures the amount of alcohol in your blood, and (most) drivers are not supposed to break the legal limit of 0.08%. But even if you take a test that says you’re over the legal limit, don’t assume the breath test is completely accurate.
Why would it be wrong?
For one thing, the breath test is only as accurate as the officer administering that test. If they make a mistake, then the results may not accurately portray your blood alcohol concentration (BAC).
Similarly, maintenance, upkeep and calibration need to be carried out on these testing devices periodically. If the officer or the police department was negligent and didn’t do this upkeep, the test could be wrong.
Finally, something else could be influencing the test, other than your blood alcohol concentration. Perhaps you just used mouthwash before getting in the car, for instance, and it contained alcohol. If there is still alcohol in your mouth, your breast test results could be too high.
Challenging the results
The above shows why you should never assume you’re going to be convicted or that the evidence against you is accurate. There are always legal options if you’ve been arrested, so be sure you know what defense tactics to use.
How a criminal case can influence divorce decisions
If you have a pending criminal case while going through a divorce, it is essential to understand how this can impact the court’s decisions. It can help you prepare for potential complications and protect your interests during divorce.
Below are some aspects of your divorce that can be affected by a criminal case in Arizona.
Child custody
Courts prioritize the best interests of the child when issuing custody orders to help ensure their safety and well-being. As such, the court may deem a parent with a criminal record or ongoing case unfit for primary custody. It can be a basis to deny custody or limit your time with your children.
Division of marital assets
Arizona is a community property state, which means each spouse is entitled to half the assets acquired during the marriage. However, this can be influenced by criminal activity. For instance, the court may adjust the division of property to compensate your spouse if you have been involved in illegal activities like fraud that resulted in significant financial loss or depletion of marital assets.
Spousal support
A criminal case can also affect spousal support (alimony) decisions. If one spouse is a victim of the other’s conduct that led to a criminal conviction, they may be entitled to compensation for the damages they suffered. This is one of the many factors considered when determining the amount and duration of alimony in Arizona.
It is worth pointing out that the nature of your charges matters. The actual impact of a criminal case on your divorce depends on the unique circumstances of your case. Seeking legal guidance can help you understand your rights and options in navigating the complexities involved in such situations.
There’s a lot of misinformation floating around about divorce proceedings. Many people in Arizona have heard stories about divorce that either reflect heavily-exaggerated details or rules that technically only apply in other states.
Divorce laws in Arizona are different than elsewhere, meaning that stories from a divorce in New York or California have little bearing on what might occur in an Arizona divorce. People who have inaccurate information about what transpires during a divorce can make mistakes in how they handle the process.
For example, someone who doesn’t understand the Arizona property division process might tell an individual preparing for divorce that moving out of their home is the equivalent of abandoning it. It is common for people to assert that leaving the shared marital residence means that someone has effectively given up their right to the property. Thankfully, a temporary relocation during divorce does not terminate someone’s interest in their marital home.
What happens with home equity during a divorce?
In all but the rarest of cases, spouses cannot usually tolerate continued joint ownership of their marital home after a divorce. The options available for addressing the home include selling the house to split the proceeds or allowing one spouse to keep the home.
Given that Arizona is a community property state, each spouse should receive half of the accumulated equity in the home or other assets worth a comparable value. If someone makes the difficult decision to leave their marital home during the divorce process to reduce conflict, they do not give up their interest in home equity.
They have spent years contributing toward mortgage payments and home upkeep. They still have a right to request their fair share of equity, especially if they continue to contribute financially toward the home’s maintenance during the divorce.
People worried about protecting their most valuable assets may want to sit down and discuss their financial circumstances and living arrangements with a skilled legal team to better plan for the future. Remaining in one’s marital home until the end of the divorce is not necessary for a fair property division decree in an Arizona divorce. Spouses who understand the rules that govern asset distribution can make more informed choices as they prepare for divorce.
Understanding the “Drug of the Living Dead” law
The federal government struggles to keep up with the increasing number of designer drugs flooding the streets. One such drug, Xylazine, is also known as the “Drug of the Living Dead,” because the illegal use of Xylazine has been linked to excessive skin sores, which can lead to limb amputation. Repeated usage can cause dependency and withdrawal symptoms, and can be fatal.
Large animals such as horses and cows are sometimes tranquilized using Xylazine, which is not intended for human consumption. However, it is often sold on the streets mixed with Fentanyl. The Biden Administration has identified this dangerous combination as an emerging concern for the citizens of the United States, as overdose deaths caused by Fentanyl-laced Xylazine have increased over the past few years.
House Bill 1242 seeks to control the use of Xylazine
The “Drug of the Living Dead Law” (HB1242) was introduced in 2023. According to this law, use of Xylazine by someone who isn’t a licensed veterinarian is a Class A misdemeanor. This means that a person may spend up to eleven months and twenty-nine days in jail if they are found in possession of Xylazine and other materials that are used to combine it with Fentanyl. Those who produce or distribute the substance for human consumption commit a Class C felony and may face a sentence ranging from three to fifteen years in jail.
Does naloxone work to prevent overdose death with Xylazine?
Unfortunately, it is not clear if naloxone is effective in preventing death from Xylazine overdose. Likewise, routine toxicology screenings cannot detect Xylazine. Additional analytical procedures are necessary for identification, especially if symptoms of Xylazine exposure are present.
Arizona is cracking down on offenders who sell such harmful substances. You must seek legal assistance if you are charged with trafficking Xylazine or any other illicit substances so that you can defend yourself against these accusations, given that an unfavorable outcome in your case could potentially be life-altering in the worst possible ways.
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