Deciding to divorce means accepting an assortment of challenges. Some couples have children and will need to negotiate custody arrangements. Most couples share valuable property with each other and may also have shared financial obligations that will need to be addressed during the divorce process.

In Arizona, the property division statute is a community property law. The courts will treat whatever people have acquired during their marriages as shared community property. The goal is often an equal or near-even split of marital resources and debts. Therefore, if a couple bought a house together, each spouse should receive a portion of the equity in the property.

How can someone ensure that they receive their fair share of home equity if they don’t want to retain possession of the marital home?

They need to know it’s fair market value

One of the most important steps for protecting one’s interest in real property will be knowing what it is worth. The amount that a couple paid for the house isn’t necessarily its current fair market value. Even the tax assessment will likely be far lower than the current value of the property on the open real estate market.

Most people need to bring in an appraiser to determine exactly what their homes are worth. In some cases, spouses may even seek two separate appraisals if the first one seems too low or too high to one of the spouses. They may then have to split the difference and set the value of the home in the middle of the two appraisals.

The spouse keeping the home will typically need to refinance the mortgage. Doing so gives them an opportunity to remove the other person from the deed and from the note for the mortgage. Typically, they will also withdraw a certain portion of the home equity to compensate their spouse. Other times, people may calculate what each spouse’s share of home equity would be and will then seek to retain other assets that are worth a comparable amount.

Either approach can be fair depending on factors ranging from someone’s credit score to the other resources included in the pool of marital assets. Knowing how much a property is actually worth is a crucial first step toward obtaining a fair share of the home’s equity during an Arizona divorce.

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During traffic stops, the police may gather evidence against a driver if they are suspected to be drunk. The police often start by collecting the driver’s license and asking questions. If this doesn’t give enough evidence that a driver is drunk, then they may ask them to do standardized field sobriety tests (SFST). 

A SFST is a kind of physical examination of a driver. The driver may go through a series of tests that are judged by the police. The police often look for physical signs that a driver is inebriated. 

For many drivers, these tests may seem ridiculous. Drivers may question if they are required to do these tests. Before you learn about SFST laws, it can help to learn about the different kinds of SFSTs. Here’s what you should know:

The different kinds of SFSTs

The police have several SFSTs that they may conduct in any order. Here are the three kinds of SFSTs:

• Horizontal gaze nystagmus test: The driver may be asked to look at a moving object. They may be asked to keep their head still but move their eyes as they follow the object. 
• Walk-and-turn test: A police officer may ask a driver to walk on a straight line toe-to-heel. The driver will take a few paces and then walk back to where they started.
• One-legged stand test: The driver may be asked to lift one leg from the ground. They’ll then have to hold that position for several seconds.

Any other kind of test is considered non-standardized. A non-standardized field sobriety test could involve, for example, the driver touching their nose and spelling words backward.

When a driver applies for their license, they accept implied consent laws. These laws state that drivers accept that they must take chemical sobriety tests post-arrest (such as a breathalyzer or blood test) or they could face penalties – but the same is not true of SFSTs. You can refuse those without penalty. Given how subjective they are, that’s something to consider.

If you or your loved one is facing charges of drunk driving after a traffic, legal guidance is wise.

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Navigating a divorce or child custody case is an emotionally taxing journey. Many individuals turn to their online communities for support, advice or a place to vent. Because of this, it’s easy to share updates or feelings about ongoing legal proceedings. However, it’s imperative to approach social media with caution during these times. Your online activities can inadvertently impact the outcome of your case.

Although the instinct to share and seek validation is natural, especially during trying times, the digital realm is more public and permanent than it may seem at first glance. It’s essential to be aware of the potential pitfalls of using social media during divorce or child custody cases.

The potential ripple effects of a single post

Posting a casual comment or sharing a photo may seem harmless, but these can be misconstrued or taken out of context. A simple picture of you enjoying a night out could be considered irresponsible behavior, especially in a child custody battle. Even if your accounts are private, there’s no guarantee that the information won’t find its way to the opposing party through screenshots or other means.

While you might be sharing posts that reflect momentary feelings or fleeting experiences, they can be presented as evidence of your character or judgment. It’s not about hiding the truth but about ensuring you aren’t providing any material that might be used against you. Remember, the context often gets lost in legal battles, and perceptions become a reality.

The bottom line is that it’s wise to minimize your social media activity during a divorce or child custody case. In the event you have any social media content you’re concerned about, discuss it with your team.

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It’s up to a family court judge to determine how parental responsibilities will be divided in a divorce if parents cannot agree on the way forward

Like with all other states, Arizona law emphasizes the children’s best interests during child custody proceedings. In other words, anything that concerns the child’s overall well-being and safety is a crucial consideration in child custody proceedings. Here are several aspects the court will examine.

Parental capacity

Judges assess each parent’s ability to provide a stable and nurturing environment. This includes evaluating each parent’s ability to discharge parental duties and create a stable, nurturing and safe environment for their child.

History of abuse or neglect

A history of physical abuse, neglect or substance abuse by either parent can significantly impact the outcome. The child’s safety is the paramount concern, and a judge may limit a parent’s contact to protect the child from further physical or emotional harm.

Age and preferences

If the child is of sufficient age and maturity to communicate their wishes and preferences, it may inform the court’s decision, provided that they do not contradict their best interests.

Stability and cooperation between parents

Judges often seek to minimize disruptions in the child’s life whenever possible. They also prefer arrangements that allow regular and consistent contact with both parents as long as it is in the child’s best interests.

The above considerations are just the tip of the iceberg, and judges will consider many other relevant factors depending on the prevailing situation. It’s what makes child custody cases some of the most emotionally charged and legally intricate matters in family law. Seeking the necessary guidance can help you navigate this challenging terrain successfully and ensure your child’s interests are safeguarded.

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There are many things that can influence the likelihood of divorce. How old was the couple when they got married? Do they have children? Are they experiencing financial stress? Everyone’s situation is unique, and factors like these – and many more – can work together to determine how likely it is that the couple will split up.

Additionally, the time of year can influence how likely that it is that any particular couple will call it quits. It turns out that divorce is seasonal, in a sense. Statistics show that it tends to spike and decline at similar times from year to year. This suggests that the odds of getting divorced are much higher at some parts of the year than others.

How the likelihood of divorce evolves over the year

There is an increase from January until a peak around the middle of March. Things then tend to level out throughout the summer, slightly declining at the end of July. But then the divorce rate picks back up again through August, peaking just slightly lower than it did in March. From September on until December, however, there is a very dramatic decline in divorce cases filed in courts across the U.S.

What are some potential reasons for these trends?

One reason for the increase at the beginning of the year is simply that people may crave a fresh start. They may make a New Year’s resolution or focus on changes they want to make in their life. Additionally, the holidays are behind them, so they have more time and energy to focus on the opportunities afforded by divorce.

The decline in the fall also has a lot to do with the holidays. People sometimes decide that they want to get divorced in the fall, but they don’t actually file for divorce until January or later because they may not want to affect the holiday season for the sake of their loved ones.

Considering your options

You can certainly get divorced at any time throughout the year, but the statistics help to show you some of the things that couples are considering while doing so. Make sure you think about all of your legal options as you work through this process.

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Police officers have no obligation to be honest with suspects. They may encourage someone to tell the truth. Suspects may have to swear to tell the truth under oath. However, a police officer who is carrying out an investigation does not always have to be honest.

For example, perhaps you and a friend have been accused of the possession of illegal drugs. The police have split you up to do the interrogation. An officer comes in to talk to you, then goes to talk to your friend, and then returns. The officer tells you that your friend confessed to everything and says that you should do the same to get the lightest possible sentence.

This could be true — but don’t assume it is. The officer could’ve entirely made it up on the spot. Your friend may have said nothing at all. Police officers will sometimes lie about the evidence that they have as a means of attempting to manipulate suspects.

So what should you do?

One of the best things to do is to remember that you have a right to remain silent. You do not have to answer questions in an interrogation. You do not have to incriminate yourself. Simply refusing to answer the questions does not mean that you are guilty. If you believe that the police are attempting to manipulate you, it is best not to answer their questions at all, in many cases.

You also have a right to legal representation. It may be wise to tell the police that you’d be happy to continue with the interrogation and clear your name, but that you’re not going to answer any questions until you have your legal team present. Make sure you fully understand all of your rights and legal options.

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The start of the school year generally inspires a host of changes to a family’s schedule when minor children are part of the household. It can inspire changes across two households when a child’s parents are no longer together. As a result of all the changes that occur during back-to-school season, it’s important for co-parents to get on the same page both for their benefit and for their child’s benefit.

Most of the time, parenting plans address certain basics related to the school year that co-parents can use as a framework for their shift from summer to fall. For example, a parenting plan may lay out when a child resides at each house and who is responsible for after-school transportation. However, it remains important to be proactive about addressing any issues that aren’t in a family’s co-parenting plan to minimize the likelihood of stress, tension and even conflict later on.

Topics of interest

Because your child is unique and your family situation is unique, if you need to get on the same page with your co-parent, you’ll need to construct your own list of concerns that could impact your child’s experience as the year evolves. A few common issues that co-parents may need to negotiate include:

• Extracurriculars: Which ones will their children participate in, who will pay for them, how will their child get to and from practices and meets/performances, etc.
• School supplies: Who will buy them, who will restock them, how will they be kept track of between households?
• Virtual visitation: Does the schedule for communicating with each parent need to change in any way due to the unique schedule for this particular school year?

By addressing issues of concern in advance, co-parents can better ensure that stresses and tensions are minimized as the school year begins and evolves over time.

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There are two types of child custody when someone gets divorced. People generally think about the first one, which is physical custody. This just refers to which parent the child is going to live with and where they are going to live at the time.

But the second part of child custody is the legal decision-making ability for that child. This can be even more important than physical custody, in some senses, and so parents need to know how it works.

Legal custody

This decision-making power is generally referred to as legal custody. Married couples already have legal custody of their children and make decisions for them, doing things like opening bank accounts, deciding where they will go to school or deciding what type of medical care they will get.

When people get divorced, though, this legal custody has to be defined. In many cases, it is simply given to each parent, and they have to work together to make all of these decisions after the divorce. This can be difficult, but parents need to learn to cooperate and compromise so that they can put their kids first.

One important thing to note is that legal custody and physical custody do not have to be the same. For instance, the court may give your ex shared physical custody, meaning you both will have time to live with or visit your child. But the court may only give you legal custody, which means you alone get to make all these important decisions. Never assume that the two are automatically the same.

When conflicts do arise, it’s important for co-parents to understand their legal rights and steps to take.

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Driving under the influence (DUI) charges can have serious consequences, especially in a state like Arizona with overly strict laws against drunk driving. A conviction can affect your driving privileges, finances, and even freedom. As such, it helps to familiarize yourself with the legal landscape and understand the potential factors that can impact your case.

One crucial aspect to consider is the possibility of police errors during the arrest and investigation process. Mistakes by law enforcement officers can significantly influence the outcome of your DUI case, as discussed below.

Common police mistakes during a DUI arrest and investigation

The police are responsible for gathering crucial evidence that forms the backbone of the prosecution’s case. However, mistakes can occur during this process, potentially leading to flawed evidence and unjust charges. Below are such instances:

• Violation of Miranda rights – The law requires police officers to read the Miranda rights to an individual under arrest, informing them of their constitutional rights before custodial interrogation. Failure to do so may lead to a violation of your rights, like the right to remain silent and the right to counsel.
• Unlawful traffic stop – Police officers must have reasonable suspicion to believe that you were driving a vehicle under the influence to pull you over and commence their investigations. If you were stopped without a legally valid reason, it may amount to an unlawful stop.
• Chain of custody errors – The police must follow strict procedures when handling evidence in their possession to maintain its integrity. If there is a mixup or mishandling of the evidence or glaring deviations from the established chain of custody, it can lead to doubts about the reliability of the evidence.

These and other police mistakes can profoundly affect the outcome of your case as they can make it difficult for the prosecution to meet the legal burden of proof required for a conviction. For instance, evidence obtained in violation of your Miranda rights or from an unlawful stop may be suppressed and excluded from your case.

If you have been arrested for drunk driving, seeking qualified legal guidance can help identify such loopholes in your case and advise you on the best defense strategy that will protect your interests.

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Many family businesses are owned by married couples. In some cases, one spouse had already started the business, and then they got married and began working with their new spouse. In other cases, the marriage came first, and a couple started a business as a source of income for their new family.

Many marriages in the United States end in divorce. If a couple decides to split up when they own a business together, does that mean that the business has to close its doors?

Selling the business is an option

What often happens is that a couple will decide to sell the business. Either they will find a third party who wants to buy it, or they will sell off the assets to interested parties and close the business. Either way, the goal is to convert all of their business assets into financial assets, which they can then divide as they get divorced.

Selling half of the business

Another option is for one partner to sell their half of the business to the other. This solution could be beneficial if one spouse doesn’t want to lose their source of income and wants to keep running the company. They don’t want the end of the marriage to mean the end of their professional career. They may buy their spouse’s share and keep the company as their marriage ends in exchange for comparable, alternative assets.

Continuing to work together

That being said, couples do have another option, which is simply to remain joint owners at their business. They don’t have to sell it. They don’t have to divide it. They can simply get divorced and split up the other assets that they own, along with the time with their children, and then continue working together in a professional relationship. For some couples who are going through an amicable divorce, this is possible.

Considering your options

These are the three main options that you have if you and your spouse are going to get divorced and you are joint business owners. Make sure that you are well aware of all the legal steps you need to take to help the process go smoothly. Seeking legal guidance is a good place to start.

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