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Posts Tagged "divorce in arizona"

Social Media Influence in Divorce Cases

Divorce on Social MediaYears ago, married people who wanted to get in touch with old flames or badmouth his or her current spouse would hide their actions, knowing that this type of behavior would anger his or her spouse and might be used against them in a divorce case.

Cheating spouses would hide receipts, letters or phone calls from someone other than his or spouse. Angry spouses would hide their anger in public, only talking privately to friends. Today, social media sites like Facebook, and to a lesser extent MySpace and Twitter, are full of posts from people connecting with past lovers, flirting openly or badmouthing current spouses. Some people have begun to label these splits a Social Media Divorce.

Facebook and other social media websites do not make people look up old flames or find new people to have an affair with but they do make it very easy to do so. A person may write a letter to an old flame, then decide it is a bad idea, and never mail the letter. Now, once a message is sent on social media, it is too late to reconsider.

A person who is angry with his or her spouse can post nasty comments about him or her and hit post before thinking about what they are saying. If the person simply vented to a friend, his or her spouse would never know but now, millions of Facebook users see these comments and the offended person feels obligated to take action.

Social media influences child custody cases as well as divorce cases. A person who posts pictures of him or herself using illegal drugs or drinking can expect those pictures to show up as evidence that he or she should not have custody.

Anyone who engages in an extramarital affair and makes the evidence public via social media should expect this evidence used in his or her divorce case even if they use Facebook’s privacy settings. Family law attorneys are experienced in how to use Facebook evidence, including advising their clients on how to gather evidence that the court will consider.

If you are contemplating divorce, do not provide the perfect digital evidence for your spouse’s divorce attorney. Don’t flirt, brag or badmouth your spouse, even if you change your privacy settings. Spouses can “friend” one of your friends and see everything you have posted. In addition, do not let anyone take a photo of you engaging in any inappropriate behavior. Potentially incriminating photos will show up on image searches if they are tagged, even if you delete them from your profile.

The Cantor Law Group has experience with Social Media Divorce cases and also experience in using private investigators and forensic computer analysts to assist in gathering information in a divorce case. If you would like to speak with a Divorce Attorney for free, call us at (602) 254-8880 to schedule a free consultation. You can also use our secure and confidential email form to contact us too.

People Considering Divorce Have A Few Things To Consider

This is a Guest Post from Sean Smallwood, a Divorce Lawyer in Florida.

When married couples consider starting divorce cases there are many different paths that the case can take depending on the facts involved in the case. Below are a few questions that every person considering divorce must think about and answer.

First, the parties to the divorce must figure out if they can agree to issues such as division of property, whether or not there will be any spousal support, and who will pay attorney’s fees to name only a couple. If both sides are able to agree to all issues in advance then they may be able to proceed on an uncontested basis. This option is usually the most cost effective and causes the least stress on the parties involved.

It is important for people contemplating a divorce to keep in mind that they should be very careful not to allow themselves to be taken advantage of in the case just to be able to say that the case was uncontested. Additionally, many cases that begin as uncontested will become contested as the case proceeds.

Next, if the parties have any minor age children then child custody issues will be a factor in the case. The Parties must decide what type of parenting schedule they can agree on regarding the amount of time each parent will spend with the child. There are many possible issues where disagreements can crop up when kids are involved such as parental responsibility, decision making authority, child exchange locations, transportation, and which parent’s home will be used for school designation to name only a few. Parents must also take into account that the amount of time-sharing they have with the child can directly affect child support payments.

If the parties getting divorced are not able to agree on the issues outlined above then their case will proceed on a contested basis. This means that there are issues in the case that they are not in full agreement on. Most states require all contested divorce cases to go to mediation prior to any trial on the issues. This is done in an effort to try to unclog the already crowded divorce courts.

A majority of divorce cases will settle at or shortly after mediation takes place and those who do not proceed to trial on the left over disputed issues.

This post was provided by Family Lawyer Sean Smallwood ESQ.

In Arizona, How Long Does a Divorce take?

In this short video David Cantor explains how long a typical divorce in Arizona will take:

Plenty of marriages occur in Arizona rivaling the number of divorces and re-marriages in the state. The process of marriage and divorce is rather streamlined in Arizona. Nearly all state assisted services in Arizona require a period of domicile. This means the requester for state assisted services offered by the court system must be a resident. Arizona has strict requirements for the requester to utilize or needing recognition of the state. Couples should understand that “uncontested” and “rapid-divorce” must not be taken lightly. Let’s begin briefly examining the process of divorce in Arizona (A.R.S. Title 25 Marital and Domestic Relations).

Making the decision to begin the divorce process is separate from proceeding through the divorce process and just as emotionally draining! While we’ll focus upon the “uncontested” divorce, couples should also review any alternative dispute resolutions prior to divorce proceedings. Arizona state law require divorcing couples to have resided within state boundaries at least ninety days prior to filing for a divorce and both parties present proof of residency before Service of Process. Couples should note that Maricopa County Superior Court hears all family matters including divorce as originating jurisdiction.

Couples desiring the dissolution of marriage must initiate Service of Process, file the Petition for Dissolution of Marriage, and Divorce Decree. During this period, if Service of Process has been properly executed, an answer to the petition is required within thirty days. However, if there’s no answer then there’s no divorce. Arizona requires that both parties agree upon divorce. Service of Process will be considered vacated if there’s no answer from the Respondent unless proven abandonment or absence from bed and board. Upon successful Service of Process, the Clerk of Court will issue a Temporary Order or Preliminary Injunction that all matters and assets shall remain stable and in custody until final judgment has been decreed.

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Let’s review the time frames before concluding. There’s a ninety (90) day requirement for couples living in Arizona to prove residency. Service of Process will require thirty (30) days from the initial return service reminding, that an answer must be received from the Respondent. The period for the Temporary Order or Preliminary Injunction will cover ninety (90) days while the final Judgment of Decree is approved or denied. However, the court may discover opposing evidence and based on that evidence find the proceedings defrauded. If this happens, the dissolution proceedings are vacated, otherwise the court concludes all fact finding matters, and the Divorce Decree is authorized and issued.

If you would like more information about the divorce process in Arizona, please call (602) 254-8880 to schedule a free consultation with an attorney. You can also send us a confidential email using our form.

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