On behalf of The Law Office of John R. Gaertner, P.C. posted in Divorce on Wednesday, May 16, 2012
It is not surprising that men and women face very different challenges at the time of divorce. Personally, emotionally, and financially, men have very different burdens to bear. Some critics believe that there is a lack of information pertaining to men's health at the time of divorce. If you are a man facing divorce or completing the divorce process in Scottsdale, Arizona, avoid these common mistakes to ease the transition for yourself and your family.
Mistake #1: Rushing a second (or third) marriage. While many men may be happier when married, a common mistake is to rush back into marriage too soon after divorce. If you are used to having someone to help you around the house and are dependent on companionship, it is still better to wait to make sure that your next spouse is a true love and match before rushing to the alter.
On behalf of The Law Office of John R. Gaertner, P.C. posted in Divorce on Sunday, May 13, 2012
Special needs children face additional challenges emotionally, physically, and cognitively. If you are a couple with a special needs child, this dedication to your child could also put an additional strain on your relationship. When facing the divorce process, there may be additional considerations involving custody and support to help your family and your child through the transition.
One challenge for Arizona parents with a special need child is financial support. Children with severe disabilities will often require assistance throughout their adult lives. Obligations for a child may include paying for tutoring and special education, assessment and testing, medical care or assisted living and medical procedures. While some states have enacted legislation allowing court orders to demand payment, there is no uniform law on subsidizing care of an adult child with special needs. Parents will have to negotiate their own agreements regarding care and support.
On behalf of The Law Office of John R. Gaertner, P.C. posted in Divorce on Thursday, May 3, 2012
"One man's trash is another man's treasure," is an old adage that holds true, especially at the time of divorce. Items once cherished, including wedding gifts, art, collectibles, and other personal belongings may not have the same value after divorce. Now high-asset couples are using the auction block to liquidate assets and split the profits at the time of divorce.
It is often the case that once married couples cannot agree on how to divide their assets in a settlement. In the past, property determinations were based on who wanted what or assigning a value to each item that could ensure both parties walked away with an equal share. Couples in Scottsdale, Arizona and nationwide are now considering "divorce auctions."
On behalf of The Law Office of John R. Gaertner, P.C. posted in Divorce on Sunday, April 29, 2012
With the increased use of social media, it is no surprise that judges are turning to online sources to collect personal information about parties during a divorce. When you are facing a divorce or in the middle of divorce litigation, watch what you post on social media websites. Pictures, status updates and certain "friendships" can shed light on aspects of your life that could impact a divorce settlement.
Arizona judges and attorneys could use information from Facebook to draw conclusions about the reasons for the end of the marriage, your fitness as a parent, spending habits, and other behaviors. According to a recent study 80 percent of family lawyers acknowledge that social networking sites contribute to evidence used in divorce litigation. Information that you put online could affect your property settlement, custody determination as well as any alimony or spousal support agreement.
On behalf of The Law Office of John R. Gaertner, P.C. posted in Divorce on Wednesday, April 18, 2012
After a divorce, it isn't uncommon for a parent to move out of state or out of the country for work or personal reasons. This can make keeping in touch with children on a day-to-day basis very challenging. With e-mail, phone, Facebook, Skype, and other electronic options, it is now more feasible for parents to stay in touch with their children, even when outside Maricopa County, Arizona, or overseas.
One out of four children with unmarried, separated or divorced parents will be living in a different city from a non-custodial father or mother. This means that there are close to 10 million children who do not have regular face-to-face interaction with one of their parents. Courts are using the term "virtual visitation" to describe the rights of parents to communicate with their children by electronic means.
On behalf of The Law Office of John R. Gaertner, P.C. posted in Military Family Law on Thursday, April 12, 2012
Soldiers who are deployed, risk not only their safety, but they also risk losing custody rights while overseas. A committee is drafting a new bill that would strengthen servicemembers' rights in child custody disputes. Miltary parents in Scottsdale and throughout Arizona could benefit from these protections.
The Servicemember Family Protection Act, would prevent family judges from ruling against sevicemembers in child custody cases based solely on past or future deployments. It is well-known that a service member could be ordered to leave the country for an undetermined period of time. However, supporters of the bill believe that the simple fact of military lifestyle, one should not unfairly prevent that parent from being awarded sole custody.
On behalf of The Law Office of John R. Gaertner, P.C. posted in Child Custody on Friday, April 6, 2012
For parents with children, one of the primary concerns is how to protect custody rights during divorce. Men may feel particularly vulnerable at the time a custody arrangement is being determined. It is important to understand that your behaviors can impact the court's decision. Be aware of potential traps for the unwary and have a better legal position to protect your rights and the best interests of your children.
Fathers in Scottsdale, Arizona should avoid the following five mistakes that could impact custody rights:
On behalf of The Law Office of John R. Gaertner, P.C. posted in Divorce on Sunday, April 1, 2012
In many high-asset divorce cases, one party will be ordered to pay a significant amount of child support or alimony to a dependent spouse to maintain a standard of living. What happens if your status changes or you no longer have the income you had at the time of a divorce settlement?
Dennis Rodman, former Chicago Bulls and Los Angeles Lakers player is claiming that he is now too poor and too sick to pay his child and spousal support. The court is reviewing claims by his pro bono lawyers, that he can no longer make payments in accordance with an original divorce order.
On behalf of The Law Office of John R. Gaertner, P.C. posted in Divorce on Thursday, March 22, 2012
In the past, research indicated that couples who cohabitated before marriage were more likely to divorce. Recent evidence now indicates that this is no longer the case. It may even suggest that living together before deciding to marry could prevent divorce in the future. This could be considered positive news for couples who are considering cohabitation before marriage.
Divorce rates in Scottsdale, Arizona and nationwide hover around 50 percent of all first marriages within the first 20 years. With these statistics, it is difficult to determine what predicts a "successful" or lifelong partnership. Where only 10 percent of couples lived together before marriage in the 60's, today, surveys show that 60 percent of couples live together prior to getting married.
On behalf of The Law Office of John R. Gaertner, P.C. posted in Military Family Law on Thursday, March 15, 2012
When military members return from active duty, they can sometimes struggle to adjust back to family life. These struggles can lead a couple into divorce. It isn't a failure on anyone's part -- sometimes a married couple experiences a life change, and it takes each spouse down a different path.
A military divorce can be complicated due to the value of military pensions. Military pensions are regarded as one of the greatest financial assets a service member can have because there is no minimum age requirement. Someone could serve for 25 years beginning at the age of 20, and once retired, that person could immediately start receiving pension checks.
