If you are going through a divorce in Arizona, you may wonder whether your child’s wishes or preferences will be considered in determining custody arrangements. The answer to that depends on your specific situation, as explained below.

A child’s wishes may be taken into account during custody proceedings if they are deemed old and mature enough to make reasonable preferences on parenting time and legal decision-making. The law does not specify how old a child should be in order to state their preferences, so it’s usually up to a judge to decide if a child’s preferences should be considered.

Courts are not bound by what a child wants

Children can be easily manipulated or coerced to express specific preferences that may not be in their best interests during custody proceedings. As such, a judge does not have to follow the child’s wishes, even if they are of suitable age and maturity.

Arizona courts prioritize the child’s best interests when making custody decisions and will consider the child’s preferences alongside other relevant factors. The main objective is to make a custody decision that will protect the child’s safety, well-being and development: Some of the factors the court will consider include:

• The child’s relationship with each parent
• The parents’ ability to cooperate as co-parents
• The child’s adjustment to home, school and community
• Evidence of domestic violence or child abuse
• The mental and physical health of everyone involved, among others

Learning more about what goes into custody decisions can help you navigate the process more effectively and work towards an arrangement that puts your child’s interests above everything else. Do not hesitate to seek legal guidance if you have any custody-related questions or concerns. It can help you understand your options while protecting your parental rights.

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Adults in Arizona could find themselves accused of criminal activity under a variety of different circumstances. For example, the pursuit of a romantic relationship could potentially put someone at risk of sexual assault accusations.

Such allegations often involve violence or impairment. However, age can also be a prime consideration in certain circumstances. Adults in Arizona can face criminal charges if they engage in physical intimacy with someone who is under the age of consent.

Only adults can typically consent to sexual encounters

Teenagers may look physically mature, but they still have underdeveloped brains. They can easily fall victim to manipulation and coercion on the part of older individuals. To protect young adults from the potentially life-altering consequences of sexual intimacy, the state requires that someone be 18 or older to consent to a sexual encounter.

If an adult becomes intimate with someone under the age of 18, even if the younger partner consents enthusiastically, the older partner could face criminal prosecution. In cases involving two teenagers both under the age of 18, it may be possible to avoid prosecution if both of the teens are relatively close in age. If one of the partners is under the age of 15, however, prosecution could still occur.

Those who know the law are less likely to violate it and may also be able to defend against allegations that they did something inappropriate. As such, becoming familiar with Arizona’s unique consent laws can be important for those beginning new romantic relationships.

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Going through a divorce can be emotionally draining; however, you cannot allow the emotional toll that your situation is taking to create a permission structure in which you ignore your financial situation during and after the process. Properly preparing your finances can help you navigate this challenging time more efficiently and confidently.

The following are some essential tips to consider when preparing your finances for divorce.

Organize your financial documents

Take time to get your financial documents together. This includes everything related to your money. Organize them neatly to provide a clear picture of your financial situation.

Know all your assets and liabilities (debts)

List all your assets, including real estate, vehicles, investments, retirement accounts and valuable possessions. Also, list your debts, such as mortgages, loans, credit card balances and any outstanding bills. Understanding your financial standing will help during negotiations.

Establish your individual accounts

Open individual bank accounts and credit cards in your name to separate your finances from your spouse’s. This step ensures that you have access to funds and credit independently.

Review your budget

Assess your current expenses and create a realistic budget based on your individual income and financial needs. You may need to adjust how you spend and save to cover your debts post-divorce.

Plan for alimony and child support

If you have children or anticipate paying or receiving alimony, understand the laws regarding child support and spousal support. Prepare a budget that accounts for these expenses or income streams.

Protect your credit

Get a copy of your credit report. Make sure to check it regularly to find errors or unauthorized activity. You’ll also need to protect your credit rating by making payments on time and closing any joint accounts.

You cannot wait until after your divorce to protect your finances. Make changes now to better ensure that you are prepared for the future.

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Deciding to get divorced is a significant, often deeply personal decision that can affect numerous aspects of one’s life, including one’s privacy. Nowadays, personal information can be easily accessed and shared. As a result, taking steps to protect your privacy during and after your divorce is important.

You and your spouse likely shared a bond defined by trust for a long time. Perhaps you still do. Regardless, now that you and your spouse are going your separate ways, you need to assume that it’s in your best interests to safeguard your privacy from them in ways that you likely haven’t had to before.

Steps worth considering

Begin by changing passwords for all online accounts, including email, social media and financial accounts. Opt for complex passwords and consider using a password manager for enhanced security. Review your privacy settings on social media platforms to control who can see your posts and personal information. If you shared email accounts, phone plans or messaging services with your spouse, it’s time to establish your own. Obtain a new email address for personal use and consider getting a new phone number.

You’ll also want to open individual bank accounts and apply for a credit card in your name only. Review statements carefully for any unauthorized transactions and update direct deposits and automatic payments to reflect your new accounts. Just make sure to avoid making any big purchases without seeking legal guidance first, as you don’t want to be perceived as dissipating marital assets.

Finally, if you shared devices like computers, tablets or smartphones with your spouse, ensure that all your personal information is removed from these devices. This includes logging out of all accounts and deleting saved passwords. For shared streaming services or subscription accounts, decide whether to update the password and maintain the account or close the account and open a new one.

Protecting your privacy after deciding to get divorced is important, as it can help you to more successfully maintain your well-being and security. If your relationship with your spouse remains amicable, don’t take that for granted, as things can – very unfortunately – change for the worse in an instant. There is too much at stake to assume that risk.

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Parents in Arizona often have a hard time adjusting to shared custody arrangements. It can be difficult to spend entire days or weekends separated from one’s children and to frequently see a former romantic partner at custody exchanges.

However hard it may be for the adults, having both parents spend as much time as possible with the children is usually the best arrangement for families when parents separate or divorce. Most parents eventually adjust to their new arrangements, and children can thrive when cooperative co-parenting becomes the new norm for the household.

Unfortunately, after parents have become acclimated to their new arrangements, everything might eventually change again. The other parents might suddenly announce that they have gotten engaged to someone who lives in California or received a job offer on the other side of the state. Can one co-parent decide to move away when they’re subject to a shared custody order in Arizona?

Advance notice is necessary before moving

Unless someone has sole physical and legal custody of their children, they typically cannot move without involving the other parent. Pre-approval from the other parent or the courts is frequently a requirement for any significant relocation.

If the move could take the children out of Arizona or more than 100 miles away from where they currently live, the parent proposing the relocation must negotiate the matter at least 45 days ahead of time. The bigger the distance and the greater the impact that the move might have on custody arrangements, the more scrutiny a family law judge might apply when reviewing someone’s relocation request.

Arizona family law judges have the ability to deny the request if they believe it is not in the best interests of the children or an attempt to alienate one parent from the children. A parent opposing a move-away request may need to refer to threatening text messages or a history of custodial interference as they prepare their response for their hearing and family court.

A review of both state statutes and the custody order that the parents agreed upon previously could help someone determine the best response when their co-parent proposes a relocation that could prevent them from spending time with their children or if their own relocation becomes necessary. Understanding how the Arizona family courts handle contested custody matters can help parents better utilize their legal parental rights.

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Divorce is a challenging time, especially when children are part of the equation. As parents of minors separate their lives, one crucial factor they must consider is the well-being and custody of their children.

While joint custody is often an ideal parenting arrangement, pursuing sole custody may be the best course of action to help ensure the safety and stability of a particular child who is impacted by potentially harmful circumstances.

Neglect

Another crucial factor is the history of neglect. Suppose a parent has previously failed to provide essential care such as medical attention, supervision or adequate living conditions. In that case, it raises serious concerns about their ability to prioritize the child’s well-being. Pursuing sole custody in such cases aims to safeguard the child from continued neglect and help ensure their holistic development.

Substance abuse

A parent struggling with substance abuse poses significant risks to the child’s safety and stability. Substance abuse can impair judgment and behavior, rendering a parent incapable of providing a safe environment for the child. Seeking sole custody becomes necessary to mitigate the potential dangers associated with parental substance abuse.

Mental illness

Parents grappling with severe mental health issues, characterized by erratic or unpredictable behavior, may pose a threat to the child’s welfare. Instances of suicidal tendencies or untreated mental illnesses can create an unsafe environment for a child. Pursuing sole custody is a proactive measure to shield a child from any adverse effects of parental instability.

The decision to pursue sole custody is a deeply personal one, often driven by the concern for a child’s safety and well-being. That’s why seeking legal guidance and prioritizing emotional support can be crucial when navigating particularly contentious custody disputes. The guidance of a highly experienced legal team can help to ensure that a child’s best interests are safeguarded throughout the custody determination process.

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If you are detained by the police and they suspect you’ve committed a crime, they may ask to see your phone. Maybe they want to read text messages on it to see if there is any incriminating information. Maybe they want to look through your photos and videos.

Whether or not you think you’re guilty, you may not feel comfortable handing a police officer your unlocked phone. Can they make you do so?

They need to have a warrant

No, the police cannot force you to open your phone. They can ask. You can decline.

In many ways, this is similar to when they ask to come into your home and perform a search. As a property owner, you do not have to give your consent. But the police can then go get a search warrant that authorizes them to enter the property.

If you do decline to allow the police access to your phone, their next step may be to get that search warrant. If they do this, you can then be compelled to provide access to your device. But the court has to approve the warrant in advance, so it’s not up to the police officer.

One other important thing to note is that an officer can still take your phone. It may be locked, and they may not be able to look at the data, but they can hold the physical device as evidence in some cases.

Your legal options

Things can get fairly complicated when you are dealing with the police, especially involving evidence and technology. It’s quite important for you to know about all of your defense options if you find yourself in this position.

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Divorcing or legally separated parents in Arizona often need to continue cooperating with each other for the sake of their children. The degree of cooperation necessary depends in no small part on how they structure their custody arrangements.

Birdnesting arrangements are among those most likely to require regular communication and mutual respect between the parents. Birdnesting is not particularly common, but it does benefit families in certain situations.

What does birdnesting involve for those sharing custody in Arizona?

A birdnesting custody arrangement keeps the children in the nest or the family home. They stay in an environment where they feel safe instead of constantly traveling back and forth between where their parents live.

The parents come and go from the property during their parenting time, much like birds taking care of their hatchlings. Each parent usually has their own place to live, although sometimes birdnesting arrangements may involve the parents establishing two separate living spaces at the marital home.

There is typically a need for strong boundaries and a cooperative attitude for birdnesting arrangements to work for a family. Clear rules about home maintenance, cleanliness, household costs and privacy are usually necessary. Parents may also need to negotiate a contract about what happens to the marital home after the children all eventually move out to live independently.

If parents are able to be respectful toward one another, maintain the home as agreed and establish certain boundaries, a birdnesting custody arrangement could be beneficial for everyone in the family. Exploring different custody solutions may help parents select the best option given their circumstances.

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Most of the time – unless spouses can agree to alternative arrangements without judicial intervention – assets acquired by either spouse during the marriage (that are not separate assets) must be divided when a couple divorces. This includes salaries, bonuses, retirement accounts, homes, businesses and cars. Separate property, like assets owned before the marriage, gifts or an inheritance are generally not subject to division.

This process sounds pretty straightforward, but the distinction between marital and separate property is not always clear-cut. Spouses may intentionally or unintentionally mix or commingle their separate and marital assets, thereby potentially changing their status.

For instance, you may use separate funds to buy or improve marital property or deposit separate funds into a joint account. When your separate assets are commingled, they may lose their original identity over time and become part of the marital estate. It means they will be treated like other marital assets and divided accordingly. As a result, if you are divorcing, you could lose out if assets you believed were yours alone are divided between you and your ex due to comingling.

Taking proactive measures to protect your financial interests

While commingled assets can present challenges during the property division process, you should not sit back and resign to fate. Taking proactive steps can help navigate the complexities associated with these assets during divorce.

It all comes down to following the paper trail with the aim of establishing the separate identity of commingled assets. Gather detailed financial records to establish the origin and purpose of separate and marital assets. Bank statements, receipts and other relevant documentation can paint a clearer picture. Remember, separate assets that have been commingled but can be traced back to their original source will not be considered marital property.

Seeking legal guidance for an informed evaluation of your situation can help you determine the most effective strategies to safeguard your financial interests and ensure you do not get the short of the stick when the dust settles.

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Property division is often one of the biggest challenges during Arizona divorce proceedings. Married couples may struggle to reach an amicable settlement when they divide their assets.

The Arizona family courts employ a community property approach to asset division during divorce proceedings. Spouses typically need to treat almost everything they earned or acquired during the marriage as marital property that they both own. Even resources technically held in the name of one spouse, like retirement savings accounts, could be subject to division.

Savings are often marital property

Some people negotiate marital agreements before a wedding that set aside specific assets as their separate property. If there is a prenuptial agreement on record, one spouse might be able to protect their retirement savings from division in an Arizona divorce.

Without a pre-existing arrangement, contributions made during the marriage are likely subject to division. Spouses may need to look over their financial records to calculate what portion of the account is separate property and how much of it is marital property. They then need to include the marital portion of the account in any negotiations related to property division.

Sometimes, spouses can reach agreements in which one spouse keeps the retirement savings while the other receives different assets with a comparable financial value. Other times, either through agreement or court order, it may be necessary to divide an Arizona retirement account.

Typically, early withdrawals from retirement accounts would trigger penalties and taxes. Thankfully, there is a simple way to sidestep that risk during an Arizona divorce. If the spouses draft and sign a qualified domestic relations order (QDRO), they can split a retirement account into two separate accounts without any penalties.

If the divorce goes to trial, the judge hearing the case decides what becomes of marital property, including whether to directly divide the retirement account or not. Spouses do not have any control over how a judge rules, so those eager to preserve specific assets, including their retirement savings, may find that negotiating a settlement is preferable to litigating.

Understanding what assets are subject to division can help people better navigate an upcoming Arizona divorce. When it comes to property division, knowledge truly is power.

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