Protecting minor children when divorcing an addict
Whether someone routinely ingests drugs or isn’t effectively managing their alcohol consumption, their habits will potentially strain their relationship with their spouse. Those who are struggling with drug and/or alcohol addiction also frequently have a hard time serving as present and effective parents.
One spouse who is coming to terms with another’s substance abuse disorder may realize eventually that the best option for them and the children in the family is to divorce and start maintaining a separate household. They may worry about sharing custody with someone who has a serious issue with chemical dependence.
They need to document their concerns
Judges have to fairly apply family law statutes in numerous high-intensity scenarios. Parents sometimes make exaggerated or outright fabricated claims about one another in family court because they want sole custody of the children.
Claims of family violence and substance abuse can influence custody proceedings because these issues affect parenting, but judges will typically be skeptical of such allegations, at least initially. Parents therefore need evidence to prove that they have a valid reason for concern.
Hospital records and police reports can be valuable starting points when gathering proof of a history of substance abuse. Statements from neighbors, family members and others who have encountered an individual while under the influence could also help.
Even what someone shares on social media and the text messages they have sent to friends and family could help paint a picture of what they are like while under the influence and validate the other parent’s concerns about them having unfettered access to the children in the family.
Provided that there is sufficient evidence of chemical dependence, a parent may be able to convince the courts to limit the other parent’s time with the children at least until they undergo counseling to regain control over their issues.
A parent who is hoping to request sole custody will need to consider how likely they are to be successful and the right way to approach the matter in court. Seeking legal guidance to better understand when a situation may justify or request for sole custody can benefit those who are concerned about the safety of their children during a divorce.
Dealing with a toxic co-parent
Co-parenting with an ex-spouse is no easy task, but it can be particularly challenging if the co-parent is toxic. A toxic co-parent can make the situation difficult for you and your children.
The constant stress, anxiety, and tension can affect your mental and emotional health. However, some strategies can help make the situation more manageable.
Boundaries are essential
It’s important to establish clear boundaries with your co-parent. This includes communicating only about topics related to your child, avoiding arguments or personal discussions, and limiting communication to only necessary information.
Keeping communication focused on the children helps maintain a positive relationship between parents and prevents unnecessary conflict. It also sets a positive example of collaboration between parents and can help foster an environment where both parents can work together to provide the best outcomes for their children.
It also helps reduce potential conflicts, as disagreements should be centered around what is best for the children rather than personal issues. You may find it beneficial to create rules that both parents agree on to avoid disagreements and potential conflicts, such as a cooling-off period if the situation becomes tense.
If you find any sort of contact with your toxic ex to be stressful, you need to prioritize self-care. This may mean taking time to relax, seeing a therapist, or exercising regularly. Putting yourself first can help you maintain a sense of stability and be better equipped to handle any situation that arises.
Co-parenting with a toxic ex-partner is never easy, but it’s possible to make it less stressful. Resources are available if your ex-partner’s behavior is making things unbearable. Remember to always prioritize the well-being of your children and take care of yourself so that all of you can thrive in a healthy environment.
I’ve fallen behind in child support. What do I do?
When a couple becomes parents, they are legally obligated to care and provide for the child regardless of the nature of their relationship. And most parents take this responsibility seriously. If you divorce, however, the court may step and direct one parent to pay child support to the other.
Child support is intended for meeting the child’s day-to-day upkeep. It’s used for financing the child’s education, accommodation, healthcare and food among other needs. So what happens when a parent does pay child support?
Failing to pay child support has consequences
A child support order, like any other court order, is binding. If you are held in contempt for failure to pay a court-sanctioned child support, you may face a range of consequences such as:
- The suspension of your driver’s license
- Liens on your property
- Wage garnishment
- Fines and imprisonment
Per Arizona law, failure to pay child support, also known as “failure of a parent to provide for the child,” is a class VI felony. That can mean jail time and fines.
So what should you do if you cannot pay child support?
Life’s circumstances change. If you have undergone a significant change in circumstance that makes it impractical for you to keep up with your child support obligations, you can do something about it. You can petition the court for a child support modification.
Significant changes in circumstances that can justify child support modification include:
- Loss of job or source of income
- A medical condition that is severely eroding your finances
- Any other genuine issue that is impacting your finances
It is important to understand that you cannot deliberately quit your job to avoid paying child support.
Child support is one of the most important components of the divorce settlement process. However, a change in your financial circumstances can impact your ability to provide for your child. Learning more about Arizona child support laws can help you safeguard your rights and interests while modifying an existing child support order.
What happens to credit cards during divorce?
Finances play a crucial role during divorce, just as they do during marriage. Conflict concerning money is one of the leading causes of strife in relationships.
One of the questions divorcing couples contend with during divorce is the division of any debts accrued during marriage. Not all debts are created equal. Credit card debts can present particularly unique challenges for a divorcing couple. As a result, many spouses find themselves wondering what will happen to their credit card debts during divorce.
Credit card debts and Arizona divorce
Arizona is a community property state. This means that all property (assets and debts) acquired by either spouse during the course of their marriage is classified as part of the couple’s broader marital estate. In the event of a divorce, the value of this estate must – almost always – be divided equally.
Dealing with credit card debt, however, can be complicated. If either party had a credit card prior to the marriage, the balance on that card could potentially be considered “separate” property and, thus, the responsibility of the spouse whose name is on the card. Likewise, if you are an additional cardholder on your spouse’s credit card, any debt accrued on the card could potentially be classified as the responsibility of the primary cardholder, unless it is made clear that both spouses utilize the card and pay for purchases made on the card as well.
If both spouses benefited from the transactions associated with a specific card, the resulting debt will likely be treated as part of the marital estate and divided per the Arizona debt division statute if a couple litigates their divorce. If the cardholder spouse benefited from the transactions alone, they may be held solely responsible for the debt, at a judge’s discretion.
Protecting your rights
It is not uncommon for married couples to use personal or joint credit cards from time to time. Learning more about Arizona property division laws can help you safeguard your rights and interests while navigating the subject of credit card debt during divorce with the assistance of a legal professional.
What happens if you skip bail in your criminal case?
If you are formally charged with a crime, say drunk driving, the court may release you on bail. This way, you can carry on with your life while you are on trial. However, it is important to understand from the onset that bail is never an acquittal. In fact, it is far from it.
While granting bail, the court will spell out conditions that you must meet to continue enjoying your freedom. One of these is showing up for your court dates. Failing to appear in court, also known as skipping bail, can cause problems.
What does it mean to “jump” bail?
The principle behind bail is pretty straightforward. If the offense for which you have been charged qualifies for bail, the court will require you through your family or bail bond agency to post collateral in exchange for your release. This collateral guarantees that you will appear in court whenever you are required to do so.
Basically, you are deemed to have jumped bail when you fail to appear for a scheduled court hearing. This is an additional criminal offense with serious consequences. Missing a court date is no small matter. Depending on the circumstances of your case, the following is likely to happen if you jump bail:
- You will forfeit your bail bond – the first and obvious consequence of missing bail is the loss of your bail money. This means that you will owe whoever posted your bond money.
- You will go back to jail – jumping bail also makes you a flight risk. And this means the court will issue an arrest warrant against you. In other words, you might end up spending the rest of your trial period behind bars.
Defending yourself
Jumping bail can attract additional charges. Learning how Nevada criminal law works can help you effectively safeguard your rights if you are charged with jumping bail.
Spousal maintenance, which people in many places call alimony, can be a complicating factor in many Arizona divorces. Dependent spouses who have left their careers or put their ambitions on the back burner to raise children, care for family members’ health needs or take care of the marital home may need support to live independently when their marriage ends. They may feel entitled to years of support, while the spouse who supported the family financially may resent such obligations.
People often end up arguing intensely over spousal maintenance in divorce proceedings because they have unrealistic expectations. It is important to understand one’s rights and responsibilities when it comes to spousal maintenance when preparing for the divorce process in order to avoid unnecessary tension.
Many factors influence maintenance payments
There is no specific formula that always generates an accurate figure for spousal maintenance payments. There are numerous considerations that influence the appropriate amount of maintenance.
How long the marriage lasted, the paid and unpaid contributions of each spouse to the household and even the health of each spouse can affect what a judge views as an appropriate length of maintenance. In cases where someone has health issues or is otherwise unable to support themselves after a long-term marriage, a judge may order permanent support.
However, in many cases, the goal of support is to help rehabilitate the lower-earning spouse. The payments will only last a set amount of time, often only a few years. Still, there are certain scenarios that would end maintenance payments before then.
When situations change, the order may change too
A dependent spouse remarrying could alter maintenance obligations, as could drastic changes to the financial circumstances of the person paying. In most cases, maintenance will persist for exactly as long as ordered by the judge and will end on schedule.
If circumstances change to make maintenance no longer appropriate, the spouse paying will typically need to request a modification rather than simply stopping their payments. Otherwise, they risk being accused of violating a court order. Securing a modification to a spousal maintenance order is sometimes possible after a significant change in circumstances.
Learning more about how Arizona handles spousal maintenance can benefit dependent spouses and wage-earning spouses alike as they consider filing for divorce. Seeking legal guidance can be tremendously helpful as well.
Most people get nervous when they are stopped at a DUI checkpoint. And this is understandable. Even if you are sober, you just cannot predict what is about to happen. You may have an open bottle in your car that you do not plan to drink while driving, but this can still lead to your arrest under Arizona’s open container violation law.
For this reason, you may be tempted to ignore the checkpoint or try to turn around and head in another direction. Is this ever a good idea?
DUI checkpoints are legal in Arizona
Law enforcement has a duty to ensure public safety. Thus, if they have reason to believe that you are drunk driving, they will stop you for investigation and possible prosecution. And this is where a DUI checkpoint comes in.
Do you have to stop at a DUI checkpoint?
Like it or not, running through a lawful DUI checkpoint will land you in trouble. You may be charged with evading the police if you refuse to stop – and that charge would be on top of any associated with drunk driving or an open container.
If you see the checkpoint ahead, you do have the option to simply turn away before you get there. However, you need to make sure that you obey all traffic laws in the process. Otherwise, you’ll only give the police justification to stop you and conduct an investigation, anyhow.
You can be charged with evading or eluding the police if you bypass a DUI checkpoint. If you are charged with ignoring a DUI checkpoint, you need to explore your defense options.
Are you in a covenant marriage and want a divorce?
The Arizona State Legislature recognizes a different type of marriage called covenant marriage. According to state laws, individuals who intend to enter into this marriage type will agree to live together as husband and wife for as long as they both live.
People pursuing this marriage type should understand that it’s for life. They will be required to take all reasonable measures, including marital counseling, when they have difficulties.
Nonetheless, you can file for a divorce if you are in a covenant marriage in certain situations, including:
Both spouses agree to it
If you and your spouse have irreconcilable issues that both of you agree to get a divorce, you can file for divorce like those in standard legal marriages – without necessarily having legal grounds to support the decision.
However, if your spouse does not want the divorce, you may need to prove the grounds for the dissolution, such as:
Adultery
If you have evidence to prove your spouse has an affair, you may have grounds to dissolve a covenant marriage.
Drug addiction or alcoholism
Being addicted to drugs or alcohol is another ground you can use to request a divorce from a covenant marriage. It may help to prove how the use of drugs or alcohol has affected the quality of your marriage.
Abandonment
If your spouse deliberately left your marital home and they no longer observe their responsibilities and have not provided a good reason, you may have grounds for a divorce.
Physical abuse
The state protects its residents from physical abuse. Thus, if you experience it, you can dissolve a covenant marriage.
If you are in a covenant marriage and want a divorce, it will be best to obtain adequate information to make the right moves.
If you’ve decided to end your marriage and you share a minor child with your spouse, you will need to clarify the child’s post-divorce living arrangements. Commonly known as a parenting plan, you’ll need to craft an arrangement that outlines how you will co-parent your child.
Ideally, the court prefers that divorcing parents work out a parenting plan on their own. If you and your spouse can resolve your differences amicably in this way, the court will eventually review and (very likely) approve whatever plan you come up with. To ensure that your parenting plan is approved, however, it must reflect your child’s best interests.
Here are three things you need to take into account when creating a parenting plan:
1. Each party’s responsibilities
It is important that you clearly outline how you and your co-parent will share parental rights, responsibilities and childcare duties. For instance, if one parent works night shifts, it might make sense for the child to live primarily with the parent who is either working from home or day shifts.
Also, be sure to specify exactly how parenting time will be shared. Setting realistic expectations is important so that everyone involved can plan and can be held accountable for not honoring their responsibilities.
2. Decision-making process
You will still need to make some decisions together on your child’s behalf after the divorce, just as you did while you were living together. Decisions regarding their healthcare, education and co-curricular activities may best be made together. It is important that you specify how these decisions will be made and what issues will require the input of both parents.
3. Conflict resolution
Conflicts are part and parcel of life. Even if your divorce has been amicable, there is always a possibility that differences with your ex will develop over time. It is important that you include in your parenting plan how you will handle conflicts when they arise. You may want to specify a conflict resolution mechanism, like mediation.
Let’s face it – parenting after divorce can be difficult, especially if you do not have a plan. Find out how you can create a post-divorce parenting plan that will work for you, your child and your future co-parenting relationship.
Do you have the right to defend yourself in Arizona?
Defending yourself against an attacker seems like a natural thing to do – but a lot of people still end up in handcuffs after they’ve been in an altercation of some kind.
Sometimes, the police simply make a bad call and arrest someone whose actions were well within their right to self-defense. Other times, people just don’t quite understand how far their right to self-defense goes – and where it stops.
Arizona has specific laws that address this issue
ARS 13-404 and ARS 13-405 are the two primary statutes in this state that speak on this issue, and here are the rules you need to keep in mind about self-defense:
- You can use force (violence) to protect yourself when it is reasonable to believe that your actions are immediately necessary to protect yourself.
- This includes the use of deadly force, when that amount of force is reasonable and proportionate to the danger being posed by the other party.
- You do not have a duty to retreat before using force if you are in a place you are legally allowed to be and not doing anything illegal while you’re there.
You cannot, however, claim self-defense if you were resisting arrest (even if the arrest was unlawful) so long as the police officer in question didn’t exceed the legal use of force. You also cannot claim self-defense if you provoked the other party – unless you clearly tried to withdraw and the other party wouldn’t let you, nor may you use this defense if your use of force was a response to mere words.
In practical terms, this generally means you can’t claim self-defense if you were trespassing and got attacked by the property owner. Nor can you claim self-defense if you threw the first punch in a fight, even if the other person verbally insulted you first. It also stops being self-defense once the other guy throws up their hands and tries to back away or when you return a shove with a knife attack.
If you’ve been arrested for a violent crime and you were just defending yourself, it’s wise to learn more about your legal options right away.
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