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Post- divorce financial tips for Arizona women

On behalf of The Law Office of John R. Gaertner, P.C. posted in Divorce on Tuesday, May 21, 2013.

Following a divorce, many women are disheartened to realize that there remains a sizable list of chores on their to-do list. While it may seem like an onerous task, the financial decision-making that takes place after an Arizona divorce is best viewed as a time of excitement and potential. These are steps that are taken towards an independently-designed life, one that is tailored to the specific wants and needs of a newly single person.

Begin by contacting every major institution that identifies one as a spouse and notify them that this is no longer the case. This is the time to have any name changes noted on a new driver's license or passport, and to get a new Social Security card, if needed. Having one's certified divorce decree in hand is essential for this process, and multiple copies will come in handy.

How to allocate credit card debt in an Arizona divorce

On behalf of The Law Office of John R. Gaertner, P.C. posted in Divorce on Wednesday, May 15, 2013.

Arizona is one of nine states that regard assets in a marriage as community property. That means, if a spouse secretly runs up a massive credit card debt, perhaps even while spending money on an extramarital affair, creditors can pursue the other spouse for payment. This is an unpleasant issue that occasionally comes up in divorce settlements.

The court can also take these matters into consideration when dividing assets and debts, but in Arizona, a husband or wife will have to prove that his or her soon-to-be ex is responsible for the debt. That burden of proof typically requires some legal guidance.

Police: Arizona football star assaulted mother of his child

On behalf of The Law Office of John R. Gaertner, P.C. posted in Domestic Violence on Friday, May 10, 2013.

Domestic violence situations require immediate attention, especially if children are involved. An injunction against harassment and an order of protection are two legal options in Arizona for keeping an abuser out of the home.

These issues are likely to come up after a domestic violence incident involving a linebacker for the Arizona Cardinals. Daryl Washington was exercising his visitation rights with his 5-month-old daughter when the incident is said to have occurred in Phoenix.

Child custody matter to be heard at U.S. Supreme Court

On behalf of The Law Office of John R. Gaertner, P.C. posted in Child Custody on Friday, May 3, 2013.

An adoption case soon will be heard at the United States Supreme Court that will have an affect every state - including Arizona. The case concerns a conflict between state and federal law. It also concerns the rights of Native American parents in preventing state agencies from taking their children away and having them put up for adoption.

The federal law known as the Indian Child Welfare Act (ICWA) gives families and tribes of Native American children say in decisions concerning the child custody and welfare of the child. And it may be because of ICWA that a 2-year old Cherokee girl was returned to her biological father in Oklahoma – despite the daughter never having met her father, despite the father having texted the girl’s mother that he was giving up his parental rights and would not support the child, and despite the father apparently providing written confirmation that he approved of the child being adopted.

Older Arizona couples face specific challenges in divorce

On behalf of The Law Office of John R. Gaertner, P.C. posted in Divorce on Wednesday, April 24, 2013.

There was a time when marriage in Arizona equated a permanent bond between two individuals. Even in cases of infidelity, abuse and addiction, spouses would remain legally tied to each other, come rain or shine.

Not so anymore. And there are good reasons for the change. Divorce is an option that is no longer stigmatized, and people who choose to divorce do so not just because of extreme situations. The phenomenon of gray divorce is a perfect example of how couples, after decades of marriage, become emotionally separated.

City of Phoenix takes steps to stop domestic violence

On behalf of The Law Office of John R. Gaertner, P.C. posted in Domestic Violence on Friday, April 19, 2013.

A team of individuals from a range of professional and personal backgrounds has worked to create a road map for addressing the problem of domestic violence in Phoenix. Recently, the Arizona Coalition Against Domestic Violence was given $200,000 to create a plan to protect and support victims, raise public awareness and institute better treatment programs for offenders.

The plan has been described as having five pillars. One of those involves changes to the city's systems, meaning that offender treatment programs will be reviewed to determine their effectiveness. Improved coordination between service providers is another goal that planners hope will help city employees direct domestic violence victims to the appropriate services.

Update: Transsexual man denied Arizona divorce

On behalf of The Law Office of John R. Gaertner, P.C. posted in Divorce on Monday, April 8, 2013.

We've written previously about a much-publicized divorce happening in Maricopa County. The so-called "pregnant man" and his wife of nine years were asked to prove that he was in fact a man when the couple got married. When he was a woman, the man underwent a double mastectomy and applied for and received a new birth certificate, which indicated that he was male. That meant that he and his current wife could get married in Hawaii, which is what they did.

But now both spouses, whose three children were given birth to by the man, want an Arizona divorce. However, same-sex marriages are not legally recognized in Arizona, nor are same-sex divorces. The burden, according to the family court, rested on the man and woman to show that he was a transsexual male when the marriage took place in 2003.

Arizona senator pushes stipend for grandparents raising grandkids

On behalf of The Law Office of John R. Gaertner, P.C. posted in Grandparents' Rights on Thursday, March 28, 2013.

Research has shown that children who, for whatever reason, are not cared for by their parents are usually better off if other family members, rather than foster parents, fulfill the parental responsibilities. That may not be true in every case, but many Arizona grandparents end up providing the kinship care children need. Grandparents with custody of their grandchildren can face particular challenges, though, not the least of which is financial.

An Arizona state senator has proposed a stipend to grandparents to help remedy their financial woes. State Senator Leah Landrum Taylor's bill would give $75 per month to qualifying grandparents who have custody of their grandchildren. That amount may not seem like much, but the senator explains how the money could help.

Research shows most kids emotionally adaptive after divorce

On behalf of The Law Office of John R. Gaertner, P.C. posted in Divorce on Friday, March 22, 2013.

It's common knowledge that divorce is hard for spouses, but it's also especially hard on their children. Parents should know, though, that most kids don't suffer permanent emotional scars from their parents' divorce. In fact, studies have shown that the majority of children overcome the most negative, divorce-related feelings within two years after the marital split.

Those negative feelings might be shock, anxiety, anger -- the range of emotions isn't difficult to fathom. But there are ways for divorcing parents in Arizona to help their children through this very tough transition.

Arizona victims' advocates praise new Violence Against Women Act

On behalf of The Law Office of John R. Gaertner, P.C. posted in Domestic Violence on Monday, March 11, 2013.

In the past, laws regarding Native American lands in Arizona have complicated the process of protecting women from domestic violence. In particular, if a non-Native American man abused a Native American woman, tribal leaders did not have the right to prosecute the man. Federal prosecutors were in charge of taking up the case, but often no charges were filed.

But since the recent renewal and expansion of the Violence Against Women Act, tribal courts now have more power to protect Native American women from their abusers. Victims' rights advocates in Arizona have spoken out in praise of the new laws.

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