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Do It Yourself

 

What exactly does it mean to go through your own divorce without an attorney? It means that you will file your paperwork, understand the rules and follow the law; just as if you were an attorney. That may sound a bit daunting at first, but not if you follow these step-by-step procedures. If controversy and arguments arise, do not despair: you may still be able to salvage your ability to go through this without an attorney by understanding and outlining your issues, and perhaps using a mediator. A mediator is a neutral third party who will visit with you and help you and your partner work out any disagreements that you are having as you go through this process.

The court will also hold you to the standard of an attorney, so if you are going to do this without an attorney, learn the rules and procedures of the court, so you are educated about what is going on.

What is mediation?

Family law mediation is a method of resolving issues and disputes during the difficult time of divorce by talking with a mediator to resolve your disagreements. Mediation is conducted in a relaxed, comfortable office atmosphere with the mediator and the parties. Family law mediation can also be used to help persons with other legal family issues, such as separation, child custody, child support, post-decree modifications, disputes about parenting issues after a divorce, domestic partnership issues with children and property, and unmarried person issues with children and property. There are myriad issues and problems that may confront people when they are attempting to navigate the emotional terrain of family.

Who Gets the Income Tax Exemptions for the Children?

The federal and state income tax exemptions for the children are also generally divided in proportion to the parties’ incomes. In order for the paying parent to claim the children during his/her year, the parent must be current in his/her child support obligation for that year. This is determined by statute, but may be modified by agreement of both parties.

Physical Custody and Parenting Time

In Arizona, there is legal and physical custody of children. Legal custody is the right to make the decisions about school, education, an religion. Physical custody is where the child lives and who the child visits. For instance, you might have joint legal custody and joint physical custody where the child lives about equal time with each parent.

Do You Have To Move Out Of Your House During Divorce?

Your husband wants a divorce and tells you to get out of the house. You wife is angry and tells you to move out, she is getting a divorce. What do you do? This is often the way divorces begin and it is unfortunate. In Arizona, a house that was purchased during the marriage is presumed to be community property, in other words owned by each party. Once one party leaves a home, the court may later determine that the remaining party can change the locks, subject to the leaving party getting their personal property. Every case is different and there is no one answer to this question. If you find yourself in this position, it would be wise to seek the advice of an experienced family law attorney at the Best Law Firm. We can help! We offer free telephone consultations. We also offer in person consultations at our office for $200 per hour, with no requirement to retain us. We are there just to help you and answer your questions specific to your situation.

Holidays and Parenting Time

If you are co-parenting with someone you do not live with, you may have to take extra time to make sure everyone is happy over the holidays. Oftentimes, there is a great deal of stress for children as they are taken from one parents’ home to another. Please think of your children and the holiday memories you are creating for them. Do you want them to recall all the good times such as baking cookie and the anticipation of Santa Claus? Or are you setting them up to remember arguments, tension, fighting and putting them in the middle of adult disputes? You and your co-parent should make sure you work together on resolutions, making sure your agreements are in writing and above all: put your childrens’ needs above your own!

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