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Domestic violence refers to violence between spouses or intimate partners. During a divorce, domestic violence can play a role in several aspects such as: determining child custody or legal guardianship. Typically, domestic violence is generally both physical and psychological in nature. In the majority of states, domestic violence is defined as conduct which threatens to cause or actually causes injury between:

  • Family members
  • Spouses
  • Residents of the same household

Although the issue of domestic violence is a serious problem which is prevalent around the world violating the fundamental human rights of women and often resulting results in serious or fatal injury. The statistics vary widely on the prevalence of domestic violence however, it should be kept in mind that women are not the only victims of domestic violence, in certain cases men suffer as well albeit women significantly outweigh men as victims in this regard. According to US Department of Justice reports, the majority of the victims from 1994–2010 were women. Although women may also use violence against intimate partners, their use of violence is distinct from men’s use of violence in more ways than one.

According to statistics, the issue of domestic violence is prevalent worldwide. According to a report issued by the World Health Organization (WHO) in 2013 entitled, “Global and Regional Estimates of Violence Against Women: Prevalence and Health Effects of Intimate Partner Violence and Non-Partner Sexual Violence,” it was estimated that 30% of women worldwide are victims of abuse perpetrated by their spouses or intimate partners. The report further stated that over 38% of women murdered worldwide are victims of their significant other and 42% of women that were sexually or physically abused were subjected to such treatment by their intimate partner.

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Filing a divorce case is different in different states. Additionally, each case shifts with the different situations including a divorce with children and a divorce without kids.

In spite of the fact that these laws differ from state to state, couples petitioning for divorce, who don’t have resources or kids, might be required to present extra paperwork with their appeal. This may incorporate money related revelations that talk about the couple’s salary and obligations. Likewise, state laws may require the couple to give waivers of administration, which verify that the couple arranged the appeal mutually.

Petition and Extra Paperwork

Some states also offer a simplified divorce process for couples without children to shorten the divorce process. For the most part, the divorcing couple can document a joint request with the court. The two parties will cooperatively sign the appeal, consenting to the disintegration of marriage. This is just for short-term marriages, and the couple may need to defer divorce settlement claims and rights to a trial. This request of will specifies that they don’t have huge resources or obligations, and clearly state that no kids were conceived or embraced amid the marriage. Furthermore, a rearranged separate request will list essential data about the couple, including their names, dates of birth, date of marriage and justification for which they are looking for the breakage of their relationship.

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December 19, 2016

A lot of couples going through a rough patch in their marriage are apprehensive about divorce. If the relationship has reached its end, this apprehension can increase tenfold, and more so if the couple is expecting a child. Going through a divorce is a trying time for the spouses, therefore, in some cases, when the couple is pregnant, it may actually be prohibited.

This paves the path to a gray area of the law which is not commonly discussed, unless it becomes necessary; Can you get a divorce while pregnant?

If you are not sure about how to go about your divorce, it is best to hire a divorce attorney as searching over the internet will not get you answers to your questions. Your lawyer will help you understand the divorce laws, which are similar to marriage laws. Your attorney will also talk to you about your options and help you decide which one is best for you. Just like marriage laws, there are divorce laws and these laws vary from state to state and your lawyer will help you understand the divorce laws in your state. You will be surprised to know that it is illegal to get a divorce while pregnant in certain states. However, if you are in the state of Arizona, pregnancy will not prevent you from divorcing assuming you meet the residency requirements.

Deciding to go ahead with the divorce takes strong will and the whole process can be very difficult and frustrating for some people. The process may be even complicated for women who are pregnant as the divorce proceedings will become more difficult once the child is born. Once the birth occurs, your soon-to-be-ex-husband will file for custody claims and there may even be a paternity test involved. The matter can even become worse if you have other children apart from the unborn child. So getting help from a local divorce attorney is the most important step for you.

Moving to another state

Some states prohibit you to go ahead with the divorce while pregnant. In such a case, it may be possible to change your residency, especially if you have only recently become pregnant, and attempt to file for divorce in a different state where it is not prohibited to go ahead with the divorce while pregnant. An attorney in your jurisdiction will be better able to guide you with this.

Divorce is a life-altering event and one that creates a critical transition point in a person’s life. Once you file for divorce, there is no turning back and if you find out you are pregnant, it can be devastating for you and your baby. A baby is supposed to bring joy and happiness in your life, and couples are supposed to welcome the new arrival into a loving environment. Avoid complications and difficulties in your divorce case and hire an experienced divorce attorney.

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January 26, 2016

Child support calculations in all States are heavily dependent on the income of the parents.  While the income for W2 employees can be relatively straight forward, calculating the income of the self-employed can be substantially more difficult.

A self-employed parent may seek to minimize his income, and therefore child support payments, but hiding his income in his business.  This can mean substantially less support for the child.

An analysis of the income of a self-employed parent’s income must begin with his or her business tax return.  Below are four common places to spot hidden income:

  1.  Office Expenses:  Office expenses are a “catch all” category for purposes of tax returns.  But are the expenses listed really expenses for the business, or are they personal expenses masquerading as business expenses?Look for high dollar items when combing through bank statements.  A common example is writing off a trip and hotel stay as a business expense when it is truly for personal reasons.  Such a trip could be thousands of dollars a year in income missing from a child support calculation.

  2. Home Office Expense:  Like the office expense, “home office expenses” is a common place to hide income.  Furniture or computer equipment purchased for the home or entertainment of the payee parent can be written off as home office expenses for the business. A strong understanding of the purpose of the business at issue is imperative to analyzing the validity of the home office expenses.

  3. Advertising:  Is there a boat other expensive piece of personal property that is in the business’s name?  Check to see if they expenses associated with the property are being paid under the business.  A strange but repeat occurrence is the small businessmen who buys a boat in the businesses name, names it after his business or line of work, and claims it as a business expense.Not uncommon, but equally outrageous:  Watch for the self-employed who records a check to a “big national advertising paper”, when in reality, the parent is writing the check to himself.  Such fake advertising can allow the self-employed to pass large chunks of cash to him-self personally without paying taxes and while keeping it off the books.

  4. Wages:  Check the standard of living of the payee spouse.  Does he have a maid, lawn-care service, or other laborers who work on his home or other personal property?  If so, then check to see if these workers are paid through the parent’s personal income or through the “business”.  If they are paid through the business, then adjustments need to be made to the income of the payor spouse (and his business) to reflect true income.

 

We have had a lot of success in handling complex divorce cases where the spouse is a business owner or self-employed. If you have questions regarding divorce in Arizona and a self-employed spouse, give us a call at (602) 254-8880 to start your free consultation. If you’d like, you can send us a confidential email at your convenience.

 

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