Tuscon Arizona Family Law Blog

Projects try to reduce conflicts that leads to military divorce

According to statistics provided by the U.S. Department of Defense, the divorce rate for military families has steadily increased since 2001. In contrast, the Centers for Disease Control and Prevention report that the civilian divorce rate has shown a decline over recent years. In Arizona and elsewhere, stresses related to service duties can exert additional strain on a marriage and can play a central role in the decision to seek a military divorce.

In an effort to help military spouses reconnect after a deployment or active duty, several programs have been developed. These programs are intended to help spouses and their children find ways to interact outside of the normal stresses of everyday routines. One program involves families spending time in a cabin without distractions such as television to help facilitate communication and family togetherness. 

The Servicemembers Civil Relief Act and its role in divorce

As a member of the armed forces, you should know that there are legal protections available to you that are not available to civilians. The Servicemembers Civil Relief Act exists so that you can get the legal help you need when you need it. The SCRA covers a lot; it even offers protections if you end up getting a divorce during the time you are on active duty.

What benefits does the SCRA offer military members living in Arizona? What protections does it provide? How exactly can it help when getting a divorce?

Protecting one's credit in divorce

Money is often an area of concern for many Arizona couples. When it comes to the decision to divorce, it can become even more of a concern. As expenses increase, income usually remains the same. In order to avoid problems, one will want to take specific steps to protect his or her credit.

One of the first things the individual will want to do is to obtain a copy of his or her credit report. The credit report will list all outstanding loans that are tied to the individual. This will include mortgages, car loans, bank notes and credit cards and will allow the individual to see exactly what is owed.

Parenting plan as a part of the child custody agreement

The decision to divorce can be difficult to make; this is especially true when children are involved. The concerned Arizona parent wants to ensure that the children are properly taken care of financially and emotionally. How the divorce will affect the children is often a primary consideration in the overall decision to divorce and the child custody arrangements that will follow.

Legal custody and physical custody are often what parents think of when it comes to child custody. In many instances, one parent will maintain physical custody with the other parent having visitation rights. Along with this arrangement, it is common for both parents to share legal custody where both parents are still responsible for making the major decisions regarding the child.

Do I have the right to refuse my ex's court-ordered visitation?

If you have legal decision-making authority when it comes to your children, it is likely because you made a valid case before the court that you can better provide for their best interests. The court may also have tried to provide a balance of parenting time for you and your ex, or the two of you may have reached a parenting plan that worked for both of you.

The current state of your relationship with your ex should have no bearing on that parenting schedule, but there may be times when you feel it is appropriate for you to deny the other parent visitation time with the children. What you may not realize is that, in many cases, to do this without permission from the court may be an act of contempt of court that could bring negative consequences to you. Still, is there ever a time when you can legitimately deny your ex access to the kids?

Family law attorney can help with prenuptial agreement

Preparing for a wedding or a divorce can both be emotional times. When emotions are running high, it is easy to make decisions that have not been fully thought out. In order to avoid problems caused by emotional decision-making, some Arizona residents find that working with a family law attorney to create a prenuptial agreement can assist them in working through important details prior to the wedding and then being prepared just in case things don't work out later on.

As couples wait to walk down the aisle, it is likely that each individual has already financially established him or herself. In many cases, one or both individuals has established investment accounts and acquired assets such as a home or other property. Additionally, it is possible that one or both individuals also have debt that will be brought into the marriage. The prenuptial agreement offers each individual an avenue to discuss both assets and liabilities and with individual philosophies regarding these issues.

Advanced technology can help avoid divorce stress

When Arizona married couples decide to sever their ties, those who have children together often encounter challenges regarding future co-parenting plans. Divorce can be stressful enough as it is without worrying about all the potential problems that might arise as two former spouses try to peacefully work together to raise children from separate households. The good news is that many people say that taking advantage of advanced technology has helped them keep stress to a minimum in their post-divorce parenting lives.

There are numerous applications that parents can install on their cellphones or personal computers to help smooth out wrinkles in their co-parenting plans. For instance, there are digital calendar apps where parents can list information about all their children's activities, such as sporting events, dentist appointments or social gatherings like sleepovers. Many parents say this helps them avoid confusion and also allows them to organize their transportation plans in writing.

Military divorce raises complex child custody issues

Arizona members of the U.S. military understand when they sign up that they will be making many personal sacrifices. They spend months or years away from their loved ones and often feel out of place when they return. What they may not expect is that their service would affect child custody issues if their marriages end in military divorce.

Theoretically, one's status as a member of the armed forces should not result in the loss of custody of the children. However, because the standard for deciding custody issues is the best interests of the children, many factors must be considered when a court rules on a parenting schedule. While its intentions may be to provide a balance of time for the children to spend with each parent, the court may see deployment and relocation as a disruption to a child's life.

Understanding the spike in silver divorces

When they reach a certain age, many people begin to feel comfortable where they are even if their lives did not take the direction they expected. A couple past the age of 50 may assume they have a certain stability together that will carry them through the rest of their lives. Unfortunately, this is not always the case.

You may be among those spouses who are facing an event you never imagined at your age: divorce. Nevertheless, the rate of couples divorcing after the age of 50 is trending upward. While researchers and analysts have some speculation about why this is happening, you may have your personal opinions and concerns for your future.

Divorce can have an impact on one's credit

Financial stability is important to most Arizona families. Whenever divorce enters the picture, financial stability can become a concern. Most husbands and wives have joint credit accounts ,which may include mortgages, car notes, credit cards and more. While who is responsible for which debts will be addressed in the divorce decree, creditors will look to both individuals for repayment of the joint debt.

One step that can be taken to protect one's credit is to close joint credit accounts. If possible, the balance on the account can be paid off or transferred to an account solely in the name of the individual responsible for repayment. With larger accounts, such as a mortgage, it may be necessary for one individual to refinance the home in his or her name. Or, it may be better to sell the residence and use the proceeds to pay off outstanding debt.


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