Judge Jails Children for Refusing to go with their Father

This story is highly unusual.  The court will normally take into account a child's wishes as to parenting time as long as they have the requisite maturity level.

"Three children who refused to go to lunch with their father, as part of a bitter divorce and custody battle between their parents, are spending their summer in a juvenile detention center, according to court records."

http://www.azcentral.com/story/news/nation/2015/07/09/judge-jails-kids-refusing-lunch-dad/29940397/

"I Know Divorce" Blog by Abby King

"And yet, at the same time, your ex doesn't totally go away either. The daily dramas do turn into weekly ones, and no one, including yourself, wants to hear your same old s**t. But there are times when you need to talk it out, you need a dose of sanity from a trusted source. Usually as soon as humanly possible so you rapidly fire off a few texts. Flipping that on it's head, the good days bring even more moments of desired urgent sharing. When something great happens to you or your kids, you want to share the pride, joy, relief and success. So you email this one and call that one. If they haven't lived it, if they sleep next to someone every night and have that guaranteed daily source of connection, it's likely that this one and that one won't respond with any urgency."

http://www.huffingtonpost.com/abby-king/post_9540_b_7531724.html

Pope Francis: Sometimes marriages fall apart

VATICAN CITY— Pope Francis — the leader of a Catholic Church that has always preached the indissolubility of marriage — acknowledged on Wednesday that sometimes it is impossible for spouses to stay together.

"It is true … that there are cases when separations are inevitable. Sometimes they can even become morally necessary," the pontiff said during his weekly audience in Saint Peter's Square.

Francis said he was referring to cases of domestic violence and exploitation, affecting the weaker partner or small children.

His remarks came a day after the publication of a working document for the Oct. 4-25 synod, a world summit of bishops due to discuss how to treat people who do not comply with Catholic family ethics, including divorcees, unmarried couples and homosexuals.

"Around us we find several families in so-called irregular — I don't like this word — situations, and we pose ourselves many questions. How can we help them? How can we support them? How can we support them so that children do not become hostages of their father or mother?" the pope said.

http://www.freep.com/story/life/2015/06/24/divorce-pope-francis/29210709/

Start Thinking About Taxes if Divorce is Ahead

Accounting and tax issues are usually the last thing on one’s mind during the divorce. However, this is precisely the time to start thinking about tax implications.


http://www.communitynewspapers.com/pinecrest/start-thinking-about-taxes-if-

divorce-is-ahead/

Social Networks blamed for China's Rising Divorce Rates

A new study from China says social media is to blame for rising divorce rates in that country.  

The divorce rate in China has been steadily rising since 2004, according to statistics from the Ministry of Civil Affairs. In 2012, 3.1 million couples divorced, or 23.4 per cent of the population, compared to 4.7 per cent in 1979. The rate was close to or over 30 pc in Beijing, Tianjin, Guangzhou and other big cities in 2013.

Couples surveyed for the study, published in Chinese magazine Banyuetan, said the presence of social media in their lives had not brought them closer and in some cases, had made matters worse bringing the relationship to an end.

http://www.telegraph.co.uk/news/worldnews/asia/china/11654006/Social-networks-blamed-for-Chinas-rising-divorce-rate.html

11 Promises to Make to your Kids After Divorce

During divorce, your kids need to be reminded that you'll be there for them, regardless of what happens between you and your ex. From complaints about the new living arrangement to boy problems, you want them to know you've still got it covered.


Huffington Post asked their readers and HuffPost bloggers to share with them

the promises and assurances they made to their kiddos after divorce. Read 11 of the sweetest responses below

http://www.huffingtonpost.com/2015/06/04/promises-to-make-as-parents-after-divorce_n_7506408.html

A "Divorce Care Package" series on recovery after divorce. This may help inspire you and get you back on your feet!

http://www.huffingtonpost.com/2015/06/03/eggplant-parmigiana-saved-me-post-split_n_7498124.html

What is Community Property anyway?

Community Property concerns the distribution of property acquired by a couple during marriage in the event of the end of the marriage, whether by divorce or death of one of the parties. In community property states, all property accumulated by a husband and wife during their marriage becomes joint property even if it was originally acquired in the name of only one partner.  There are a few exceptions to this rule.  Arizona is a community property state.  This means this logic governs how divorce works in Arizona.

Laws vary among the states that recognize community property; however, the basic idea is that a husband and wife each acquire a one-half interest in what is labeled community property. A determining factor in the classification of a particular asset as community property is the time of acquisition. Community property is ordinarily defined as everything the couple owns that is acquired during the marriage with the exception of separate property owned by either of them individually. Separate property is that property that each individual brings into the marriage, in addition to anything that either spouse acquires by inheritance during the marriage.  There are a few more exceptions that qualify as separate property.  A qualified attorney can explain what those exceptions are.  Please visit Petersen Law Firm PLLC at www.oldpueblofamilylaw.com for a consultation.

Tucson Arizona Child Support

TUCSON ARIZONA CHILD SUPPORT

How the Courts calculate child support is a mysterious dark hole to most people including some attorneys.  Courts in Tucson and all over Arizona use a formula that takes both parties' incomes, the number of children supported, and a slew of other factors into consideration before it spits out a number.  Things that can affect a child support obligation include who is paying for the child's health insurance and for how much; who is paying for daycare and for how much; whether either party has any other children they are supporting; and finally how many parenting days a year each party has.

The biggest factor in calculating child support are the parties' respective incomes and how many parenting days each party gets.  The Court assumes that when a party has parenting time with the child and/or children, they are spending money on the children during their parenting time.  Therefore, the more parenting time a person has, the less their obligation in most cases.

The best way to get a handle on what your child support obligation should be is to go to the Arizona Supreme Court website and plug in your individual numbers.  This can give you a good estimate of what you are looking at.


Your best option is to call Petersen Law Firm at 520-631-3286 or at the website www.oldpueblofamilylaw.com to get personal advice on how to get the best outcome for your situation.

Less people are getting married and money may be a part of it.  Has our economic downturn also impacted the amount of people who decide to tie the knot?

 http://www.nytimes.com/2014/09/24/upshot/for-the-young-money-is-increasingly-trumping-marriage.html?_r=0&abt=0002&abg=0

See www.oldpueblofamilylaw.com for more family law information.

Financial Preparation for a Divorcee

Divorce. Simply saying the word makes the breath catch in your throat. As a little girl, you dreamt of Prince Charming, and “Happily Ever After” never ended this way. Regardless of the circumstances, divorce opens the flood gates of emotion. Hurt, anger, disbelief, fear —- the list goes on. While divorce will certainly take a toll on your feelings, it can also attack your finances.

Keeping your head in spite of the turmoil can make a big difference in your financial future. If you think divorce may be ahead — or you are in the midst of negotiations — keep these planning tips in mind (Click on article link).

Please also go to www.oldpueblofamilylaw.com for more information.

http://www.statesville.com/community/column-divorce-turmoil-affects-financial-future/article_e245ac94-44bc-11e4-a04d-0017a43b2370.html

Pet Custody Battles in Divorces

Pets are increasingly becoming center stage in divorce battle.  Pets are even in addressed in pre-nuptial agreements known as "pre-pups."  Pets are starting to no longer be seen as strictly property but as living beings.  Courts are starting to split time with animals as they do with children.  Below the article addresses this issue:
www.oldpueblofamilylaw.com

http://www.9news.com/story/money/2014/08/24/pets-divorce-battles-advice/14533985/

Are you losing sleep over your Divorce?  You are not alone.  A study from our own University of Arizona shows that losing sleep during a highly stressful time such as a divorce can cause major health concerns.  The University of Arizona team gives advice in this article as to how to reclaim your sleep cycle.

www.oldpueblofamilylaw.com

http://www.huffingtonpost.com/galtime/tossing-and-turning-over-_b_5695286.html

3 ways Divorce can affect your Social Security

http://www.fool.com/investing/general/2014/08/09/social-security-3-ways-divorce-can-affect-your-ben.aspx

Average Cost of Weddings Exceeds $30,000

The economy is improving therefore the average cost of a wedding has now exceeded $30,000. Many couples finance these costs themselves sending them into debt. This in turn can cause conflict. One of the top reasons for divorce is financial disagreements. The lesson to be learned here is do not send yourself into debt over a wedding you cannot afford!

Article from CNN Money on the Average Cost of Weddings Today

Keeping your emotions in check during a divorce

Divorce can be extremely stressful and may wreck havoc on your emotions.  However, it is extremely important to control your emotions during a time when there is a magnifying glass on your every move.  I have had many clients negatively impact their divorce results by impulsively emailing or texting their soon to be ex-spouse with inappropriate or even threatening content.  This can be a death sentence for a divorce trial especially when there are children involved.

This recent blog on Huffington Post has very good tips on how to keep your emotions in check during a divorce:

http://www.huffingtonpost.com/caroline-choi/divorce-confidential-mana_b_4950789.html

Tucson Family Law

Family law encompasses a variety of legal issues.  It typically describes issues that deal with family-related matters and domestic relations, including: marriage, civil unions, and domestic partnerships; adoption and surrogacy; the termination of relationships and ancillary matters, like divorce, annulment, property settlements, spousal maintenance (typically termed alimony), legal decision making for children (child custody), parenting time (visitation) and child support.  It also deals with parenting issues with unmarried parties or “special paternity cases.”

Family law varies from state to state.  Among others, there is a difference between “community property” states and “non community property” states with regard to division of assets in a divorce.  What most people do not know is that procedures vary greatly even from county to county.  Requirements as to what paperwork that is included with each family law filing differs from Maricopa county to Pima county to Santa Cruz county etc.  These are called “local rules.”  Many of the bigger counties have checklists for people looking to file each action for themselves.  The problem these people often run into presents itself when the two parties disagree on one point or another, at which point the checklist offers the belated suggestion, “you should seek the advice of an attorney.”  In fact it is best to consult an attorney before any action is filed that knows the intricacies of filing in that particular state and in that particular county.

In many cases the outcome of a family law issue can impact the rest of that individual’s life.  Many clients enter my office with final decrees that have devastated them and they want to know what they can do about it.  In some cases, such as those in which a decree has declared an issue such as spousal maintenance “non-modifiable” it is extremely hard to reverse.  The lesson behind this blog is that Tucson family law is a unique jurisdiction with its own legal intricacies. You need an attorney who is both experienced and familiar with the potential pitfalls and entanglements that present themselves along the way.

My number one recommendation is call a family law attorney for a consultation. Specifically, I’d recommend you call me. Lets sit down together and discuss your unique case and your unique needs. It costs you nothing, and you have a lot to gain. For a free consultation with an experienced family law attorney call me, Riisa Petersen at Petersen Law Firm PLLC at 520-631-3286.

Information provided should not be construed as legal advice nor the formation of an attorney/client relationship