The use of social media can be a risky thing during divorce proceedings. This is because your posts can significantly contribute to the decisions made regarding property division, spousal support, and child custody, among other divorce-related matters.
So, should you deactivate your social media accounts until your divorce is finalized?
Here is what to know:
Can you remain positive?
Being positive can be a challenge when going through a divorce. You may not be on the same page with your soon-to-be ex-spouse concerning certain issues. And this may frustrate you to the point of saying “negative” things to and about them in person and on social media.
That’s why it’s crucial to go to therapy during divorce to learn how to manage your emotions. Accordingly, it can be possible to stay calm and positive when interacting with your spouse.
Leaving negative or untruthful comments on your spouse’s posts or posting your frustrations about the divorce on social media may depict you as bitter or uncooperative. Your spouse’s team can use this to get the upper hand in child custody decisions if you have kids or other issues.
Can you stay private?
Consider changing your privacy settings on social media during your divorce for privacy and peace of mind. Only your close friends should see what you post. You can also ask your friends not to tag you in their posts.
Despite doing this, you still need to be cautious about what you post or the activities you participate in when in social settings, with cameras all over. Your post or an incriminating photo can easily reach your spouse.
If possible, you can avoid social media altogether during divorce. But if you can’t, be careful about how you use it. Learn more about this and other aspects that can disadvantage you during your divorce.
If you’re like a lot of Arizonans who are considering divorce, you may think you have a pretty clear idea of what separate property is and what marital property is. That may be true.
Separate property typically includes any property you had before you got married (like a car or a condo, for example). It may also include any inheritances or gifts that were given only to you and not to you and your spouse jointly, even if you received assets during your marriage.
If you kept those assets separate from any marital assets throughout the marriage, your spouse shouldn’t be able to demand a portion of them under Arizona’s community property asset division model. However, challenges may arise if separate assets have become commingled with marital assets.
How commingling happens
Commingling can happen all too easily. It may even be necessary or at least convenient at a specific time. Say you decide to rent out your old condo. You use your joint credit card or bank account to pay for upgrades and repairs. That may make sense. But, that’s no longer going to be considered a separate asset as a result of your efforts. Or maybe you deposited your inheritance in a jointly owned investment account. Those funds are now commingled with marital assets.
Commingling assets is simply what married couples typically do. Oftentimes, it’s for the family’s benefit. You might have used the dividends you earned from those additional investment funds to pay for your child’s college education, for example.
If your marriage ends in divorce, you need to be prepared to share commingled assets with your spouse – and vice versa. The most practical way to avoid that is to have a prenuptial or even a postnuptial agreement stating that any separate assets brought into the marriage and any inheritances and gifts are not part of the marital estate to be divided.
There are different degrees of commingling, of course. For example, maybe you kept that condo just to use as an informal office where you could work in peace. If your spouse’s contribution to it has been the use of a joint credit card to pay for new carpeting, that likely doesn’t mean that they’ll be entitled to half the value of the condo during your divorce.
Negotiating asset and debt division during divorce can be a complicated endeavor – even in community property states. It’s crucial to understand how the law works and how to protect your right to a fair settlement. Getting experienced guidance is a wise first step.
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.
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