The post How Long Does it Take to Get a Divorce in Arizona? appeared first on Bryson Law Firm, PLC.
]]>Going through a divorce can be one of the most emotionally and legally challenging experiences in a person’s life. One of the most common questions we hear from our clients at the Law Office of Brent Bryson is, “How long will my divorce take in Arizona?” While every divorce is unique and can be influenced by various factors, it’s essential to have a general understanding of the divorce timeline in Arizona. In this blog post, on of the best Divorce Attorney’s in Arizona, Brent Bryson will guide you through the typical duration of divorce proceedings in Arizona.
In Arizona, the divorce process can be broadly divided into three main stages:
Several factors can influence how long a divorce takes in Arizona:
On average, an uncontested divorce in Arizona, where both parties agree on all issues and cooperate fully, can take as little as three to four months from filing the petition to the final decree. However, contested divorces can take significantly longer, ranging from six months to over a year, depending on the abovementioned factors.
While there is no fixed timeline for how long a divorce typically takes in Arizona, understanding the stages of the process and the factors that influence its duration can help you manage your expectations. Divorce Attorney Brent Bryson and his team are here to guide you through every step of your divorce, working diligently to ensure your rights and interests are protected throughout the proceedings. If you are contemplating divorce or have already initiated the process, reach out to us for expert legal assistance tailored to your specific situation. We are committed to helping you achieve a fair and timely resolution to your divorce case.
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]]>The post Tips for a Quick Divorce in Arizona appeared first on Bryson Law Firm, PLC.
]]>Going through a divorce can be a challenging and emotionally taxing process. While the duration of divorce proceedings in Arizona can vary depending on individual circumstances, there are steps you can take to expedite the process and minimize the stress associated with a prolonged divorce. In this blog post, we’ll explore some valuable tips for speeding up your divorce in the state of Arizona.
Speeding up your divorce in Arizona is possible with careful planning, cooperation, and professional legal guidance. By following these tips and working closely with an experienced divorce attorney like Brent Bryson, you can navigate the divorce process efficiently and emerge with a fair and timely resolution that allows you to move forward with your life. Remember that every divorce is unique, so consult with an attorney to tailor these tips to your specific situation.
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]]>The post Who Should I Turn to For Help During My Divorce in Arizona? appeared first on Bryson Law Firm, PLC.
]]>Divorce can be an emotionally and legally complex process. It involves the dissolution of a marriage, often accompanied by significant personal and financial consequences. Navigating through the intricacies of divorce can be overwhelming, and seeking the right guidance and support is crucial. If you find yourself asking, “Who should I turn to for help during my divorce in Arizona?” you’re not alone. In this blog, we’ll discuss the importance of having the right professionals on your side and introduce you to Mesa Divorce Attorney Brent Bryson, a seasoned divorce attorney who can guide you through this challenging journey.
One of the most critical individuals to have on your side during a divorce is a skilled and experienced divorce attorney. East Valley Family Law Attorney Brent Bryson, with his extensive experience in family law, is the right person to turn to for legal guidance. Here’s why you need an attorney:
In some cases, divorce can be less adversarial through mediation or collaborative divorce. A mediator or collaborative divorce professional can help both parties work together to find mutually acceptable solutions. Attorney Brent Bryson can assist in these alternative dispute resolution methods, facilitating a more amicable divorce process when possible.
Divorce often has significant financial implications, including asset division, alimony, and child support. A financial advisor or CDFA can help you understand the financial aspects of your divorce, ensuring that you make informed decisions that align with your financial goals.
Emotional well-being is essential during a divorce. A therapist or counselor can provide you with the emotional support and coping strategies needed to navigate the emotional challenges that often accompany divorce.
If you have children, their well-being is paramount. A child custody evaluator can assess the best interests of your children and provide recommendations for custody arrangements. Attorney Brent Bryson can help you understand the legal aspects of child custody while working alongside professionals who specialize in this area.
Conclusion
Divorce is a significant life event that requires careful consideration and professional guidance. When asking, “Who should I turn to for help during my divorce?” the answer is a team of experienced professionals who can provide legal, financial, emotional, and, when necessary, therapeutic support. Attorney Brent Bryson is your trusted partner in navigating the legal aspects of divorce, ensuring that your rights and interests are protected throughout the process. If you’re facing a divorce and need assistance, don’t hesitate to contact Attorney Brent Bryson and his team at Bryson Legal for expert guidance and support on your journey toward a brighter future.
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]]>The post What Divorced Parents Need to Know About Arizona’s Child Support Guidelines appeared first on Bryson Law Firm, PLC.
]]>According to Arizona family law, both parents must continue to give the same support for their children as when they were living together as a family. With the disruptive nature of our economy today, parents often endure unexpected changes in their income and lifestyle. This, in turn, affects their ability to support their children after divorce.
Read on to discover how Arizona Child Support Guidelines prioritize children’s wellbeing during and after the divorce process.
When discussing child support, two key terms always come up in a case. These are custody and parenting time. These determine how the children of divorced parents will continue to receive adequate care until they reach their emancipation age (18 years).
Custody refers to a parent’s right to decide their child’s wellbeing, such as their education, religion, and health care. U.S. law does not make custody decisions on the sex of the parent but on the parent’s ability to provide the right care for their child. Fathers who want to establish custody of their children can also apply for child support services.
A custodial parent lives with their child after the divorce, while the non-custodial parent has the right to visit the child or have their child visit them after the divorce. However, the court can grant sole legal custody or joint legal custody. In sole legal custody, the custodial parent has the final say in decision-making on behalf of their children. Whereas, in joint legal custody, both divorced parents must work together to make the best decisions about their children.
A court can also grant sole physical custody or joint physical custody. The type of physical custody granted by the court determines where the child will live. It is in place to give the child equal contact with both parents after divorce.
Parenting time refers to the opportunity for a child to spend time with the non-custodial parent. It is contact time, visitation, or residential time. Divorced parents should figure out parenting time between them and only involve the court if they cannot reasonably agree on this.
Remember that the monthly child support payments must continue even if the non-custodial parent does not see the child. Child support payments are an unavoidable obligation regardless of visitation.
The Arizona Child Support Guidelines ensure that children’s living standards stay the same after their parents’ divorce. The Guidelines play the following roles in a divorce and custody case:
Note: Arizona child support and spousal maintenance go hand in hand. In most cases, the parent who receives spousal maintenance or alimony also receives child support. If both are necessary in a divorce case, Arizona courts often grant spousal maintenance first. That said, alimony becomes part of the recipient’s gross income, so it is part of the child support calculations for the custodial parent.
Arizona Child Support Guidelines use the gross income of divorced parents as a basis for child support. According to Arizona law, income includes everything that the parents may receive, including:
The terms of the child support agreement are modifiable if either parent loses their job or source of income. The Arizona Department of Child Support Services (DCSS) must be aware of such a change. The DCSS has the right to enforce measures to encourage or force the non-custodial parent to pay the child support. Missing a child support payment for more than 30 days is a criminal offense.
Divorced parents share the child support payments according to their incomes, number of children, and parenting time. For example, when A and B were a couple, their gross income was $10,000 per month. A’s share was $7,000, while B’s share was $3,000. After divorce, A would contribute 70% of the child support, while B would contribute 30%.
If A is the custodial parent, A will receive the child support from B. Arizona law assumes that the custodial parent spends their share of child support directly from their income, so there is no need for A to give B the child support money.
When it comes to parenting time, equal time is ideal after divorce. But in some cases, one parent may have more visitation hours than the other. Arizona family law considers that the parent with more contact time with the children spends more resources on the children. This means they will require a bigger share of the child support amount to cover routine expenses like kids’ meals and activity fees.
Note: Virtual visitations, also called e-visitations, don’t reduce the amount of child support. Arizona Child Support Guidelines consider virtual visitations not as a substitute but complementary to in-person visitations. Even if the custodial parent relocates and e-visitations become necessary, the supporting parent must still contribute their share of child support.
Other than basics like a child’s food, clothing, health care, education, and extracurricular expenses, a court can consider additional costs such as:
Arizona Child Support Guidelines always make room for adjustments on a case-by-case basis, so consult your family law attorney to discuss your particular circumstances.
Arizona child support is typically payable until the youngest child of the divorced parents turns 18. This assumes that the child has finished high school by their 18th birthday. If not, child support payments end on the last day of the month of the child’s graduation. Child support also expires if they turn 19 before their graduation.
Remember that Arizona child support does not automatically reduce or terminate once the eldest child emancipates. The divorced parents must officially declare this change and receive any overpayments back. Otherwise, there is no refund if child support payments carry on past the child’s 18th birthday. In some cases, the court may order the child support payments to continue into the child’s adulthood. This only applies if the child has a significant physical or mental disability that prevents them from a healthy, independent life.
Divorced parents need the help of an experienced family lawyer to navigate the numerous challenges of Arizona child support. While this guide summarizes the Arizona Child Support Guidelines, note that updated guidelines will come into effect from January 1, 2022. It is of the utmost importance to hire a family law attorney who has experience with child support, divorce, and spousal maintenance cases to ensure that you get the best, most up-to-date, legal advice and representation possible.
At Bryson Law, your family’s best interest always comes first. Contact us via email or by calling (480) 813-0444 to schedule a consultation, today.
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]]>The post The Arizona Resident’s Guide to Spousal Maintenance After Divorce appeared first on Bryson Law Firm, PLC.
]]>Arizona is a “no-fault” divorce state which means that when determining a spousal maintenance case, marital misconduct is not a determining factor. It doesn’t matter whose fault it led to the divorce or which spouse initiated the divorce proceedings. Additionally, alimony is not mandatory in Arizona, therefore, the court must decide whether a spouse is eligible for spousal support.
AZ alimony laws consider every case as unique. In the ideal scenario, the couple should negotiate their spousal support out of court with the help of an experienced family lawyer. If a settlement is impossible and the case proceeds to court, certain factors determine Arizona spousal maintenance. A spouse qualifies for spousal maintenance if:
However, the actual amount of Arizona spousal maintenance depends on:
Of all these factors, the most critical considerations for AZ alimony laws are the duration of the marriage and the financial health of both spouses. If one spouse sacrificed their career to raise their children and maintain their home, this counts towards their financial ability. The longer they were out of the workforce during the marriage, the longer it may take to find work after the divorce to maintain their standard of living.
The Arizona court will determine the spousal maintenance award as somewhat as possible to give all parties an equal chance of a sustainable life after divorce.
There are some basic guidelines that the court follows to figure out Arizona spousal maintenance awards. The first thing is the difference between each spouse’s income. For example, if one spouse makes $10,000 per month, while the other makes $5,000 a month, the difference between their incomes is $5,000. Next, the judge may award 15% up to 25% of the income difference to the lower-earning spouse.
Various factors determine the percentage: if the couple was married longer, the rate of alimony award would be higher. The ratio may also be higher or lower depending on the couple’s living standards since this must be sustainable after the divorce.
If the court awards alimony in Arizona, the cash amount is payable in lump or installments. Alimony installments may be bi-weekly, monthly, or determined by the court. It can also be a title transfer in the case of real estate property exchange or a security interest in other personal properties.
Keep in mind that Arizona is a community property state. This means that any property or assets that a couple acquires during the marriage can become jointly owned property. The spouses must therefore agree on how they will divide their home or business assets in their divorce.
The Arizona court maintains its jurisdiction over the alimony awarding process until it is complete. This is because the circumstances for either spouse can change at any time. For example;
This is why the couple must agree whether their spousal maintenance agreement is reviewable or final. If it is modifiable, the court must determine how much the alimony is adjustable. If it is not flexible, the spousal support amount remains unchanged despite the circumstances of the involved parties.
There are three main ways that a spouse can stop paying alimony in Arizona. Alimony payments stop if:
In some cases, the court may order the paying spouse to take out a life insurance policy to provide the spousal maintenance even after death.
Before January 2019, the receiving spouse was responsible for the alimony tax in Arizona since it counted as a source of income. The paying spouse could reduce their taxable income, while the receiving spouse would pay income tax on their alimony at a lower tax bracket. However, from January 1, 2019, alimony is no longer taxable in Arizona. This still applies to divorces settled in 2018 or earlier. A tax advisor is best suited to guide you on how to manage alimony payments in Arizona.
As mentioned before, Arizona divorce and alimony cases are all unique, and the court determines each one individually. That said, the most common alimony duration is that one year of alimony is payable for every three years of marriage. In other words, alimony in Arizona is awarded 30% to 50% of the duration of the marriage.
If you were a couple for 12 months, the spousal maintenance might last between just over three months and six months. A 10-year marriage may yield 3 to 5 years of alimony in Arizona.
A judge may also order temporary spousal support when the divorce process starts and another maintenance award after the divorce is final. It depends on the couple’s circumstances, but there is no minimum marriage duration to qualify for Arizona spousal maintenance.
Note: Arizona divorce and alimony laws aim to rehabilitate the receiving spouse. The alimony award seeks to help the receiving spouse become stable in their work and finances after the divorce. If the recipient needs to enroll for a degree or advanced training to help them return to the workforce after the divorce, the alimony award covers the duration of this training.
Divorce is never pleasant, but all parties can get a fair outcome regarding alimony in Arizona. With the right divorce lawyer on your side, rest assured that your needs are a priority throughout your case. Brent Bryson is an experienced lawyer who will work hard to get you through your Arizona divorce and alimony process. For sound legal advice about divorce, child support, or spousal maintenance in Arizona, get in touch with Bryson Law today. Schedule a consultation with Brent Bryson by filling out the contact form, or by calling 480-813-0444.
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]]>The post Staying on track at work during your divorce appeared first on Bryson Law Firm, PLC.
]]>Knowing some of the ways to manage the emotional challenges of your divorce without allowing it to affect your work can help you to stay productive despite your situation.
Your divorce could leave you feeling vulnerable in the workplace. What you should know is that you are probably not alone. According to KTAR News, Arizona’s divorce rate is 15 percent above the national average. You may even find out about other coworkers who are also in the throes of divorce. You may want to share details of your separation, however, oversharing could create ongoing issues. Nosy coworkers may continue to inquire about your relationship or you may feel resentment, guilt or embarrassment about sharing too much which could distract you from your responsibilities.
One thing you can do is to develop an elevator version of the events in your personal life. Think carefully about what you choose to share. You can create an explanation that addresses common questions and adds just enough context without divulging sensitive information.
Another thing you can do is to compartmentalize your responsibilities. Designate certain days and times to focus on your work and certain days and times to address divorce-related issues. You can inform your ex and any legal entities you work with of your availability so you can focus solely on your job, guilt-free, and continue to excel in your career.
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]]>The post When should you avoid divorce mediation? appeared first on Bryson Law Firm, PLC.
]]>To help make a final decision, see what Family Education says about when to avoid mediation. Shape your post-divorce life with the right knowledge.
Maybe your spouse has a bad temper or often bullies you into submission. Mediators cannot force spouses to listen to each other or disengage from intimidation tactics. You may spend most of your mediation sessions making your voice heard rather than working out the details of your marital split. No matter how great a mediator you have, she or he likely does not receive training on confronting aggressive clients.
Maybe your spouse handles most of the financial matters in your marriage. Further, your partner may demonstrate an unwillingness to share the value of your retirement or pension accounts. In either scenario, think twice before going through mediation. Mediators cannot force spouses to divulge the value of their assets. While the same applies to a legal representative, a legal professional may at least turn to a judge to force a spouse to share financial information.
Be honest when gauging how well you and your soon-to-be-ex communicate with each other. Mediators cannot force spouses to speak to each other, nor do they have the training to get them to have a conversation. Mediators specialize in navigating and resolving conflict, not repairing lines of communication.
It is OK if mediation does not fit your situation. Traditional divorce could prove more productive.
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]]>The post 3 things you should always do after someone crashes into you appeared first on Bryson Law Firm, PLC.
]]>While the exact needs of the situation will reflect the scene of the crash and other details, there are three steps that you should take after a car crash regardless of the circumstances.
Checking yourself and your passengers for injuries is often the first response a person has to a crash. However, there are injuries you may not notice right away, such as internal bleeding or traumatic brain injuries. Even hairline fractures might not produce obvious pain or other symptoms until a few hours after the crash.
Especially if you have any reason to suspect injury to the abdomen or head, such as blunt force trauma or experiencing violent shaking, medical evaluation is very important for your safety and your compensation rights.
If no one seems severely injured, the other driver might try to convince you to avoid calling the cops. They might say that they’ll pay out of pocket for your costs.
Unfortunately, if you don’t report the crash, you will be in a vulnerable position if you try to hold them to their word. Getting their documentation as soon as possible and calling to report the collision will help protect you and your rights.
Unless you or someone else has a severe injury, take the time to video and photograph the scene of the crash. You may need to move the vehicles when police arrived, which might make it harder to show that you were not the one at fault.
The more documentation you have of the scene of the crash and the specific damage to your vehicle, the easier it will be for you to prove that you were not the one who caused the collision.
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]]>The post Do you need a divorce coach? appeared first on Bryson Law Firm, PLC.
]]>It can be helpful to have someone by your side throughout the process who understands the procedures, can help you advocate for your best interests and will honestly advise you about how to move forward. An increasingly popular way to handle the myriad issues arising during a split is to hire a divorce coach.
What is a divorce coach?
Divorce coaches are mental health professionals, not attorneys. They have special skills relating to the end of a marriage, child custody, co-parenting and more. They don’t offer therapy as such, but instead act as a sounding board and, for lack of a better term, an encyclopedia of information about the implications of different courses of action.
If you find yourself confused about, say, what different child custody options would mean for you and your children, your divorce coach is there to help by providing key knowledge you’ll need to make an informed decision. Divorce coaches work alongside your legal team to keep your – and your children’s – best interests at heart throughout negotiations, mediation or in court.
Why should you have one?
Each person’s divorce is different. Some people can make it through even the most contested dissolution with no need for a coach, while others fare better with someone by their side. Coaches can be particularly beneficial for parents, especially those considering alternative arrangements like nesting (where the children stay in the family home and the parents take turns living there) or split custody (where each parent takes custody of a different child).
Since a divorce coach is a mental health professional, not a legal one, he or she can help you better manage the deep-seated emotions brought up during a divorce and plan for moving forward. This can be a proverbial godsend for those who are reentering the workforce after an extended time away and those who are embracing single parenthood for the first time ever.
Of course, a legal advocate is also a key part of a complete divorce team.
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]]>The post Tips for Avoiding Car Accidents in Arizona During the Holiday Season appeared first on Bryson Law Firm, PLC.
]]>While most people avoid driving while intoxicated, encountering drunk drivers on the road during the holiday season is still a concern. Many roads are filled with celebratory holiday parties on Christmas Eve, Christmas Day, and New Year’s. You can recognize an impaired driver by their driving behavior such as swerving across lanes, driving slowly, or stopping erratically. If you believe someone is driving impaired and could be an imminent threat to your safety, call 911. If a drunk driver hits you, there are steps to take after a car accident that will help get you compensated for your injuries.
This holiday season, if you’re hosting a party and your friends or family drink responsibly, make sure they leave their car keys with you and catch a ride with a designated driver or a rideshare service. By having control of their keys, you’ll be able to ensure they get home safely if there is any cause for concern. In addition, regardless of whether you serve alcohol at your party, it never hurts to remind everyone that drinking makes us more vulnerable behind the wheel – so have designated drivers ready just in case!
If you are driving through Arizona and end up being involved in an accident with a drunk driver, you may be entitled to compensation. Arizona’s laws protect against accidents involving drivers who operate vehicles while intoxicated. If a drunk driver injures or kills someone due to negligent or reckless operation of their vehicle – including if that driver is charged with DUI manslaughter – they can face legal repercussions such as criminal charges and civil lawsuits. Make sure you know your rights if another person gets behind the wheel after drinking excessively or using drugs – and make sure you receive adequate medical treatment in case you have been injured during an accident caused by someone else’s negligence! Even if it doesn’t seem like your injury warrants legal action, even slight damages from car crashes might still qualify as valid claims when it comes to personal injury law. Seek out qualified legal counsel who knows how Arizona’s laws apply to your specific situation so that they can help facilitate positive resolutions in your case.
If a loved one is considering driving through Arizona on any major holiday during a time when alcohol-serving establishments are most likely open for business, make sure they know about these hidden dangers beforehand. Remember these tips if you plan on traveling through Arizona around any major holiday—and keep them handy next time an out-of-state friend asks how to avoid getting arrested while they enjoy the Grand Canyon State’s hospitality.
Making sure your car is well maintained helps you avoid accidents. Before traveling, especially during times when there are more cars on the road than usual, make sure your vehicle is up to snuff—that means putting snow tires on your car if you plan to drive it through an area that receives heavy snowfall. A good rule of thumb? If you live in one of Arizona’s higher elevations (such as Flagstaff or Sedona), put those snow tires on in early December. That way, if Mother Nature decides to throw down some snow right around Christmas time, you won’t be caught off guard. In addition to making sure your tires are ready for whatever conditions lie ahead, double-check your battery connections—even if you don’t live where severe winter weather is expected.
While regularly checking your oil and tire pressure is a part of every safe driver’s checklist, it’s advisable to do so before any long road trip to ensure that everything is safe and well-maintained before you hit the road. You might also want to take a look at your car’s brakes since those can be difficult to notice until they fail—and prevent you from stopping. Similarly, keeping an eye on your car’s lights will help you avoid accidents during inclement weather. If they aren’t working properly, even if it isn’t night yet or it isn’t raining yet, get your windshield wipers checked out right away!
Make it a point to drive with extra caution during these months so you don’t miss something that could cause an accident. When taking care of other holiday preparations (like buying gifts), don’t neglect these relatively simple tasks that keep you safe behind the wheel as well.
If you’re traveling during your holiday break, it can be tempting to stay up late or get up early to get where you need to go. Make sure to get adequate rest before hitting the road; if possible, schedule a little extra time for travel so that you have time to sleep or relax. Studies have shown that driving while tired is similar to driving under influence of alcohol (0.1% BAC). Taking care of yourself physically and mentally plays a role in making good decisions while driving. So, eating healthy foods and getting plenty of sleep is important. Not only does a poor diet leave us feeling sluggish but studies have shown that sleep deprivation significantly affects reaction time. And when you’re behind the wheel, that half-second delay might be enough to get someone hurt—or killed, so make sure you’re at your best when behind the wheel. No one wants an accident on their hands—especially when it comes with expensive legal bills!
Distracted driving has become a serious problem that doesn’t seem to be going away. It is estimated that about 6,000 people die every year from auto accidents caused by distracted drivers and many more are injured. To help keep the chance of a holiday season car accident down, make it a habit to heed the following recommendations.
If someone does drive drunk and ends up involving you in an accident, remember that qualified legal counsel can provide you valuable support by advocating on your behalf throughout legal proceedings. Law firms may also be able to help if a loved one has been injured by another person’s negligence while operating a vehicle. You never know when something bad might happen – so it’s always better to have an emergency contact prepared beforehand.
If you’ve been involved in an accident with a distracted driver or any type of motor vehicle accident, The Bryson Law Firm can provide expert legal representation as you pursue your case through litigation or arbitration. If you’re seeking legal representation for a car crash that happened in Arizona, contact Bryson Law at (480) 813-0444 to schedule an appointment at our East Valley location.
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