Untying the Knot: Divorce in Phoenix

Posted by on Oct 15, 2014 in Family | 0 comments

It is generally much easier to tie the marriage knot than it is to untie it, and that is true for divorce in Phoenix. Arizona is a no-fault divorce state but it is also a covenant marriage state (one of three in the US which also includes Louisiana and Arkansas), which means that you don’t need grounds to file for the dissolution of a non-covenant marriage, but you do need one such as adultery or abandonment to dissolve a covenant marriage. A covenant marriage is a special kind of legal tie that a couple can choose when getting married. Less than 1% of Arizona marriages are covenant marriages.

Divorce law requires that one spouse is a resident of Arizona for at least 90 days before the petition can be filed. If there are no hindrances to the petition, it will still take 60 days before the court can hand down a divorce decree.

A divorce in Phoenix means that the property acquired by the spouses during the marriage will be divided equally between them because Arizona is a community property state. Assets and properties acquired before marriage and after the divorce are considered separate. Community property includes personal and real estate property, income, debts, and other financial obligations. Marital misconduct i.e. adultery has no impact on property division.

Alimony is not automatic; when petitioned, the court may grant spousal support if the petitioner can prove a lack of self-sufficiency, the needs of a child make employment impracticable, the petitioner supported the spouse’s education, or the marriage lasted 10 or more years. The amount will be determined by the court based on the circumstances.

Child support and custody is perhaps the most emotional and personal aspect of divorce in any state. In Arizona, the court will decide if one parent will have sole physical custody or if both parents will have joint physical custody. One parent will typically be required to pay child support (which the court may order to be garnished from the parent’s wages) until the child turns 18 if there is no significant physical or mental disability, but the court will take into account a number of factors before a decision is made.

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Ear-Pinning Surgery for Kids and Teens

Posted by on Feb 7, 2014 in Cosmetic Surgery, Family | 0 comments

Many adults prefer to teach their children that their individuality is something to be celebrated. While this is often true, the truth is that glaring physical deformities such as protruding ears can cause children to be the target of vicious bullying.

Some experts estimate that by the time a child is five or six years old, if his or her ears are still clearly large, the child will probably never “grow into” them. Therefore, it’s not surprising that about 60 percent of all ostoplasty procedures—or ear surgeries—are performed on patients aged 13 to 19.

These surgeries can fix many aesthetic ear problems, including asymmetrical, big, or oddly shaped ears. The surgeries usually only take about 2 hours, with 4-6 weeks healing time and about 2-3 months before the final, permanent results become apparent.

Ostoplasty can often have life-changing benefits for children and teens. The surgery can reduce bullying, allowing the child a completely different experience at school. Some effects of ostoplasty for kids and teens include:

  • Heightened self esteem, and a willingness to make new friends
  • Better grades; this may stem from the child’s belief that they are more accepted at school
  • More regular school attendance due to reduced bullying

For a child that is being regularly bulled for his or her “bat ears” at school, an ostoplasty may be the difference between becoming a successful social butterfly or spiraling into seclusion and depression. If your child hates his or her ears, a simple ear-pinning surgery may be the perfect solution.

Before committing to one surgeon, it may be wise to research many different board-certified doctors before deciding on one to perform an ostoplasty on your child.

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Paternity and Divorce

Posted by on Oct 4, 2013 in Family | 3 comments

Paternity is often comes into question during a divorce proceeding. Even a loving father can end up questioning the legibility of their child while the divorce happens. It may seem an unfair and unexplainable situation, but it happens and dealing with it is the only way to get through it.

DNA testing is the best way to prove paternity. There are several reasons why establishing paternity is necessary during a divorce. Fatherhood entails a lot of responsibilities, especially for minor children. For one, they are the ones who need to support the child or children until they come of age. Child support, visitation rights and establishing a strong and long-lasting relationship between father and child/children are just some of the benefits that can be acquired through a proven paternity test.

When the issue of paternity is raised during a divorce proceeding, it is always done through legal methods in order to protect the wellbeing and the rights of the child. A father refusing to get a paternity test shall be issued a court order to do so, and it should be given early in the divorce to help the process go a smooth as possible and prevent it from complicating other things.

Once the issue of child support surfaces during the process of divorce, a court ordered paternity test is a given. It can be requested by either parent, the child support office, or it may be the court’s initiative itself.

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Child Support: What Parents Need to Know

Posted by on May 18, 2013 in Family | 2 comments

Child support is often one of the most challenging issues for divorcing parents. Aimed at ensuring that the various needs of the child are met even after his or her parents have separated, child support requires one parent to provide the other with financial assistance to help pay for the costs of raising their child.

Support to their biological child when parents decide to separate is both a legal and moral obligation. Thus, the non-custodial parent, otherwise called the obligor, will be ordered by the court to pay a specified amount monthly or periodically to the parent who has child custody, the child’s guardian or caregiver, or to the state, in the absence of any specific individual.

In promoting and enforcing child care, the Child Support Enforcement Act of 1984 paved the way for all states to list the factors that need to be considered when deciding child support issues, such as how much financial support the non-custodial parent ought to pay monthly. Though these factors differ from state to state, the more basic ones include:

– the parents’ present income (can be earned income, portfolio income or passive income). Income includes salaries, dividends, commissions, overtime pay, and all other monetary forms of earning.

– custodial parent’s living expenses and the living standard of the child before the divorce.

– the age and needs of the child and the capacity of the parents to make a contribution.

Child support is intended for the child’s basic needs: food, clothing, shelter and education. Though it is usually required by the court only until the child turns 18, additional contribution can be required by the court intended for the child’s other activities and interests.            

 To learn more about child support payments and what you may be entitled to receive, consult with an attorney.

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