What You Should Know About Guardianship's Legal Aspects

The Legalities of Guardianship: What You Should Know

Among the many things you can do to protect yourself and those in your care is ensuring that circumstances don’t interfere with your responsibilities. In this regard, guardianship offers a way to ensure this, providing the legal framework for fulfilling your responsibilities when you’re no longer in a position to do so. When considering guardianship, a family law attorney in Scottsdale can be of assistance throughout the guardianship process.

This guide will cover some key aspects of guardianship.

What is Guardianship?

Guardianship is the legal arrangement in which someone else takes responsibility for your children or those in your care. Those in your care could be children, elderly relatives, or any adult without the mental capacity to care for themselves. Guardianship is also a legal process for ensuring the management of another’s finances. Usually, the person who is under another’s responsibility in guardianship is a minor; such a person is referred to as a ward.

Once guardianship comes into effect, the guardian is responsible for a host of things on the ward’s behalf. Depending on the jurisdiction, a guardian may also be called a “tutor” or a “conservator.”

The Purpose of Guardianship

Guardianship is there to ensure continuity of care or proper management for an individual or an estate. Too often, people pass away or become incapacitated due to a medical condition or an accident. In rare instances, some simply abandon their responsibilities and disappear. Guardianship ensures that the wards in such a situation are taken care of.

When it comes to the guardianship of an estate, the guardian is usually in charge of such an estate until such a time when the ward is of age to assume full responsibility. A good example is when an orphaned child is bequeathed on a huge estate. In such instances, the courts may appoint a guardian to oversee such an estate until the child reaches a certain age. 

Types of Guardianship

There are several types of guardianship. It’s crucial to understand them. This ensures that you make the best choices for your children and all those in your care should you choose to make guardianship arrangements. Different situations may warrant consideration of a specific type of guardianship.

The main types of guardianship include:

i)Full guardianship: Here, the guardian becomes responsible for all decisions regarding the ward. Such decisions could include the choice of medical care, where to live, and providing basic necessities.

ii) Limited guardianship: This type of legal arrangement only confers limited authority regarding the ward. For example, the guardian may only be allowed to make healthcare decisions.

iii) Joint guardianship: Sometimes, there are multiple individuals acting as designated guardians. They all have to agree on any decisions regarding the ward or estate in question. An example of joint guardianship is when two individuals act as guardians; this is also called co-guardianship.

iv) Short-term guardianship: This type of guardianship is only valid for a limited duration. For example, someone about to undergo a complicated surgical procedure may opt for this type of guardianship to ensure their wards are attended to while he/she is indisposed.

v) Guardian ad Litem (GAL): Sometimes, the court may need to appoint someone to represent a ward’s interests during legal proceedings. That’s when such guardianship becomes necessary.

These are the broad guardianship categories. However, guardianship is usually for something specific. The following are examples of specific guardianship situations.

Guardianship of Minors

This is the kind of guardianship most people are familiar with. Typically, it involves a young child or a minor whose parents aren’t capable of taking care of them. This could be due to death or some other situation. Living parents can still make such arrangements in advance in case anything happens to them.

Guardianship of Adults

Such guardianship aims to ensure that adults incapable of properly looking after themselves are taken care of. A good example is an elderly person with dementia or any other adult incapacitated for whatever reason.

Pet Guardianship

Most people treat their pets as extensions of themselves. As such, they usually want to ensure the pet’s well-being should they be unable to provide the necessary care. Pet guardianship ensures this.

Financial Guardianship

When it comes to managing finances and assets, financial guardianship provides the best legal outlet. Usually, a financial guardian must be someone fit to make responsible financial decisions on behalf of those they represent.

<h3>Guardian vs Custody</h3>

In the context of minors, custody usually implies that someone related to the child is given guardianship to a certain degree. If it’s a parent, it could be full custody, meaning the said parent is responsible for every facet of decision-making regarding the child’s interests. This implies full guardianship. In instances whereby the parent is deemed unfit, a court-appointed guardian assumes custody. This is known as guardian custody– custody that involves elements of guardianship.

Choosing a Legal Guardian

Given the scope of what a legal guardian has to do, it’s crucial to choose the right one, thus ensuring that you or your loved ones are in good hands. However, this can be a daunting task.

Guardianship is a critical part of estate planning; that’s why you should ensure that it is handled properly. Given how unpredictable life can get, having such an arrangement in place can help avoid a lot of problems.

Choosing a legal guardian entails asking some key questions:

i)How capable and responsible are they?

ii) Do they have the necessary financial resources and stability in their lives to be competent guardians?

iii) Where are they located?

iv) Do they have the mental capacity for it?

v) Would there be any significant changes in your child’s or ward’s life if you were to sign over guardianship?

These are some of the key questions to ask. Ideally, you want to select an individual with whom you have complete trust to take care of your child or other relatives when you can’t. Of course, choosing a person for guardianship doesn’t always mean the court will approve it. For example, you may choose a best friend for your child’s guardianship. However, the court may overall choose your guardianship. Always remember that the court’s main concern is the child’s best interests.

All in all, guardianship is not something to be taken lightly. Whether you’re placing someone in charge of your estate or your child’s affairs, always ensure to choose carefully while following all the necessary legal processes. At Genesis Family Law and Divorce Lawyers in Scottsdale, AZ, we can help you. From the moment you want to consider guardianship, our experienced lawyers can explain all your options clearly, ensuring that you understand what you’re getting into. Contact us here https://familylawattorneymesaaz.net/scottsdale/.

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7702 East Doubletree Ranch Road #336, 

Scottsdale AZ 85258, 


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Conflict Avoidance During Divorce: Suggestions and Techniques

Avoiding Conflict During Divorce: Strategies and Tips

Undoubtedly, divorce can eat into your mental well-being. Thus, it can be difficult to stay composed during emotionally charged proceedings. Perhaps you've typed divorce lawyer Scottsdale into your favorite browser's search bar. And at the back of your mind, you probably think a scorched earth policy might be ideal. However, a no holds barred legal battle is never a good idea and can have devastating consequences.

The idea should be to reach an amicable resolution, even if you don't see eye to eye. Genesis Family Law and Divorce Lawyers in Scottsdale, AZ, offers aggressive representation to ensure you come out ahead. But we're aware of the negative impact of conflict during divorce. To escape the damaging and counter-productive cycle of conflicts during the divorce process, here are a few strategies you can adopt:

Involve a Mediator

You probably don't want to work with your ex, and that's understandable. But, if you need to agree on the terms of your divorce settlement, you'll need to come to the negotiation table. To this end, consider involving a professional mediator.

A competent mediator - typically a neutral third party - can help you create a mutually beneficial agreement without overstepping legal boundaries. They can also help you avoid unnecessary back-and-forth while facilitating healthy dialogue.

That way, both parties are more likely to feel their interests are accounted for, reducing the chances of conflict arising. The mediator may also help speed things along, as they help you avoid court hearings and often time-consuming litigation.

Focus on the Future

Your ex-partner may have hurt you, and you may feel like getting revenge or punishing them. However, getting even is unlikely to benefit your family, especially if children are in the picture. Besides, conflicts can quickly spiral out of control if that's your primary focus.

Let bygones be bygones, even if reconciliation is off the table. It's understandable to feel anger, but don't let it take over and derail your plans. Instead, endeavor to maintain your composure.

By keeping your eyes on the future, you can avert potential arguments or conflicts, as your partner is more likely to respond positively to proposals with the future in mind. Conversely, dwelling on past wrongdoing may cause them to become defensive and uncooperative.

Plan Your Conversations

Have a workaround plan if certain topics are likely to cause an argument. For instance, involve your attorney to facilitate the conversation, especially if the contentious issues preclude you from speaking to your ex directly.

Your attorney can advocate for you objectively - without becoming overly emotional - and help minimize conflict. They can also help you stay focused and ensure your needs are met.

Alternatively, set up some ground rules to keep the conversation civil and productive. For example, agree to remain courteous and respectful or that both parties should be present to exchange ideas. Your mediator can help you craft effective ground rules.

Put it in Writing

Have something you'd wish to communicate to your ex? Write it down. Putting your thoughts down on paper can help you remain focused on the subject and alleviate potential misunderstandings by ensuring your message is clear and direct.

Plus, you have a running record of all the conversations, which can protect against potential misunderstandings. Likewise, written proof can help if you need to pursue matters in court. Mostly, the judge is likely to frown on bad behavior, which can tip the scales in your favor if the other party acts inappropriately by sending you spiels or messages written in anger.

Prioritize Your Well-being

When the battle lines are drawn, it's easy to lose sight of the bigger picture, including your physical and mental well-being. And before you know it, you could end up depressed, which may run counter to your intended goal of acquiring the award you deserve.

Therefore, take care of yourself during the trying time. For instance, consider talking to a therapist if the process is too much to bear. They can provide a safe space to vent away your frustrations and help you find new strategies to cope with the situation.

Similarly, seek help from local support groups, where you can exchange ideas and receive moral support. By so doing, you'll be better equipped to deal with the process and can avoid getting into unnecessary conflicts. Don't battle alone; surround yourself with people who can offer emotional support.

Take It a Step at A Time

Divorce is typically a long and arduous process. As such, don't try to tackle all the issues at once. Instead, take it easy by handling the various issues that arise one at a time. This approach will help you to keep your mind clear and focused instead of becoming overwhelmed by all the decisions you need to make.

If things don't go according to plan at some point, take it in stride and know that it's all part of the process. Likewise, if your former spouse has different views, try to stay calm and respectful even if you don't agree.

Avoid making accusatory statements or getting into an argument. Focus instead on the big picture as the seemingly difficult process will pass. The changes are not here to stay - soon, you'll be in a position to move forward with your life.

While staying positive might also be difficult, understand that things will work out eventually. It's perfectly normal to experience negative emotions, but try to keep them in check. And if you're struggling to make sense of your situation, revert to your support group or therapist for help.

Seek Legal Assistance

Note that property division and child custody require a lawyer's input. They can help you receive an accurate and fair settlement. While at it, they can ensure your needs are met during the process. Besides, their involvement minimizes the chances of protracted or unresolvable disputes.

Seeking professional help can save you a lot of time and frustration. Besides, it's much better to have your lawyer handle the legal matters while you focus on maintaining your well-being during the trying period.

Conflicts are often inevitable during divorce proceedings. However, you can significantly limit them by using the tips we've discussed. And should you need legal help, the Genesis Family Law and Divorce Lawyers team can assist you. Meanwhile, consider checking us out at https://familylawattorneymesaaz.net/scottsdale/divorce-lawyers-scottsdale-az/ for more details about our practice.

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What Is the Different Between Pre-Nuptial and Post-Nuptial Agreements?

Pre-Nuptial Agreements vs. Post-Nuptial Agreements: What's the Difference?

When we get married, we envision a long and prosperous life together. Unfortunately, things don't always pan out, and sometimes couples realize they need to part ways. When facing such an emotionally charged process, you may seek a family law attorney Scottsdale residents count on - if you live in Arizona.

Genesis Family Law and Divorce Lawyers in Scottsdale, AZ, can help you sort out all the details while safeguarding your rights. We offer aggressive legal representation to ensure you're not taken for a ride in a divorce.

That said, when you're about to get married or are already married, you may need to discuss a pre-nuptial or post-nuptial agreement. What do they stand for, and which is ideal for your situation? Let's discuss the fundamental differences.

What's a Prenup?

A prenuptial agreement is a contract that generally covers the dissolution of property, assets, and debts at the time of separation. You basically sign the agreement before marriage, and the contract protects your assets in case of divorce.

It typically goes into effect at the time of separation or divorce. Likewise, it may also establish obligations for each party to the marriage, such as spousal support.

If separation is on the cards, a prenup may avert court battles, allowing you to reach a quicker agreement on various financial issues. Basically, the contract outlines what each party should get post-divorce, reducing the chances of disagreements. Here's a quick outline of the role a prenup performs:

By agreeing at the formative stage of your relationship, you can set the ground rules for budgeting, saving, or other financial arrangements you deem necessary. As such, the prenup can create a foundation of a strong union.

What's a Postnup?

A postnuptial agreement also protects the interests of both partners in marriage if they decide to separate. But, it comes into effect after marriage, while a prenup is signed before marriage.

A postnuptial agreement generally addresses issues that may arise during a relationship, such as changes in finances or lifestyle. It can also address issues after marriage, such as credit card debt incurred by one partner or business investments made by either party.

A postnup can help address the division of property and assets in case of separation and other financial matters such as alimony. Thus, it allows for a much more detailed division of assets than in a divorce settlement.

Additionally, a postnup may cover issues such as spousal support and money management during the marriage. It can also contain an infidelity clause, which allows one partner to stipulate that the other partner pays the penalty if they are unfaithful.

Downsides of a Postnup: Why A Prenup Makes More Sense

If you're yet to say 'I Do,' it's advisable to discuss your finances and draw up a prenup rather than a postnup. Here are some of the downsides of opting for a postnuptial agreement:

It's not uncommon for couples who've fallen out and later reconciled to opt for a post-nuptial arrangement to iron out their issues. It could also be a good option if you’ve encountered a rough financial patch or marital problems. Yet, a prenup is typically more reliable than a postnup and ensures that neither partner takes undue advantage of the other in a divorce or separation.

If a prenup didn't cross your mind before marriage, a postnup could be a viable option. But whichever path you choose, consult a qualified family law attorney to determine whether the contract you create is legally binding or enforceable in your state. Our competent legal team is on hand to help you deal with such matters. You may also explore our website at https://familylawattorneymesaaz.net/scottsdale/ to learn more about family law matters.

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Genesis Family Law and Divorce Lawyers in Scottsdale AZ

7702 East Doubletree Ranch Road #336 Scottsdale AZ 85258, 


Advantages of Collaborative Divorce over Mediation

Benefits of a Collaborative Divorce versus Mediation

Ending a marriage is a tough decision. Not only does a divorce take a toll on you emotionally, mentally, and financially, but it can also affect your family and children. Hence, it is only natural that you want the entire process to be over soon. While some divorce cases may have to be resolved in court, most couples can try mediation or collaborative divorce if they don't want to take the case to court. A divorce lawyer in Scottsdale explains what mediation and collaborative divorce are and their benefits and differences.

What is Mediation?

Mediation lets two people resolve their divorce out of court. The spouses work with a neutral third person, called the mediator. The mediator will help them agree on the divorce terms. The primary benefit of mediation is that your spouse and you can work with the same mediator. You don't need separate mediators to take you through the divorce process. The mediator will act as a negotiator to help you decide on critical terms like child support and custody and division of debts and property. Once you reach an agreement, the mediator will draft a memorandum of understanding noting the agreed-upon terms.

What is a Collaborative Divorce?

Collaborative divorce is another option if you don't want a lengthy divorce process. It is typically led by two attorneys specializing in collaborative law. Both you and your spouse must hire a collaborative divorce attorney to represent each of you. You will have four-way meetings where you and your spouse will meet with both your attorneys to discuss the divorce terms. You will also meet with your respective attorneys separately to discuss the matters important to you.

Process of Collaborative Divorce vs. Mediation?

The process of collaborative divorce is different from that of mediation. Here, each party will hire an attorney and work with them to discuss the divorce terms and agreements. Unlike a traditional divorce, you will not have to appear in court for a trial. The entire process is intended to be cooperative instead of combative. You can also consult outside experts, like mental health professionals, to negotiate the terms of your divorce during this process. 

During mediation, on the other hand, you will hire a mediator to take you through the divorce process. They will help you and your spouse to reach an agreement. You will have to schedule private sessions to work together and draw up the terms for the important issues in your divorce. The mediator's role will be that of a peacemaker. They cannot give you legal advice or make decisions for you. Instead, they will attempt to resolve any tension between your spouse and you, help you put aside your differences, and work on the divorce terms. Once you reach an agreement, the mediator will draft the divorce settlement. 

The Benefits of Collaborative Divorce vs Mediation

While both mediation and collaborative divorce let you negotiate your divorce terms without going to court, these two methods are different from each other and have their advantages. Below are some of the advantages of mediation vs. collaborative divorce:

Mediation Lets You Control the Terms of Your Divorce Settlement

Mediation gives you and your spouse control over your divorce settlement, as both of you will have a direct say when determining its terms and conditions. You and your spouse can voice your concerns and make suggestions. Your divorce settlement will be final only after both parties agree to all the terms. However, you may not get legal advice while drafting these terms during this process. 

The Divorce Agreement Will Be Fair to You and Your Spouse with Mediation

Since the mediator is a neutral third person who doesn't take sides, and both you and your spouse can give your opinion on the terms, the divorce agreement at the end of mediation will be fair to both parties involved.

The Entire Process Will be Peaceful with Mediation

Mediation, usually, is a peaceful process. While you may not agree with everything your spouse says during the process, the mediator will be trained to help you negotiate the issues and find a middle ground, making the entire process peaceful. With collaborative divorce, on the other hand, things can go out of hand if you or your spouse disagree on certain terms and conditions. You will then have to work with your respective attorneys to reach a mutual agreement.

The Proceedings Will Be Over Quickly with Mediation

When compared to collaborative divorce, mediation takes less time to complete. You and your spouse can control how soon you want the entire process to end. Also, since all communication occurs in real-time during mediation, you can discuss and resolve any disagreements during the meetings. 

Mediation is Not Too Expensive

Mediation is cheaper compared to collaborative divorce. This is because you just need to hire one neutral mediator. This trained and experienced mediator can help you reach an agreement quickly, saving you a lot of money. During a collaborative divorce, on the other hand, both you and your spouse must hire one attorney each. In addition, you may also need to consult other professionals during the process. As a result, the entire process can cost you more.  

Collaborative Divorce Will Help You Avoid Litigation

Sometimes, you may not reach an agreement through mediation. However, if you still want to avoid going to court, you can try a collaborative divorce. While the entire process may cost you considerably more than mediation, it may help you reach an agreement without taking the case to trial.

You Can Get Legal Advice and Representation with Collaborative Divorce

A collaborative divorce, unlike mediation, allows you to get legal advice and representation from an attorney. Both you and your spouse can hire attorneys to represent you throughout the proceedings while keeping the case out of court. 

Whether you choose mediation or collaborative divorce is your choice. While both have pros and cons, you and your spouse must decide how you want to proceed with your divorce proceedings. Mediation may be a good option for spouses who agree to most divorce terms and want a similar outcome. 

https://familylawattorneymesaaz.net/scottsdale/divorce-lawyers-scottsdale-az/ offers divorce attorneys who can help you navigate the complicated divorce process. We can help you determine whether a traditional divorce or mediation is the right choice and legally guide you through the entire process. Our experienced lawyers can help you with traditional divorce proceedings, child custody, child support, mediation, paternity, and spousal support.

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Genesis Family Law and Divorce Lawyers in Scottsdale AZ,

7702 East Doubletree Ranch Road #336, 

Scottsdale AZ 85258,


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Child Custody Case Simplified: Understanding Your Family Law Attorney's Role

Navigating the Complexities of Child Custody Cases: What to Expect from Your Family Law Attorney

Child custody cases are never easy and involve a lot of draining emotions. The issue of the children’s best interests is essential, though often contentious. While protecting these interests, a parent who fails to assert their parental rights may jeopardize or lose their parental role. The high stakes involving child custody cases demand that you employ a competent Scottsdale child custody attorney to help safeguard your parental rights. 

But how will your family law attorney help you? Let’s find out.

Experience in Family Law

Family law involves legal matters touching on the family, which is an emotional and sensitive practice field. A lawyer with experience in family law has an in-depth understanding of family law legal proceedings. The attorney should also have ample expertise to represent you in court and must have up-to-date knowledge of judicial changes affecting family law. 

This knowledge of judicial changes allows them to maintain appropriate procedural standards and not get caught flat-footed. With the emotional nature of custody cases, you need a professional lawyer with enough finesse and level-headedness to advise you throughout the process. 

Your attorney should have the expertise to help you navigate emotions and stop you from making rash and emotional decisions. The attorney should also give unbiased advice to help you broaden your perspective on the case. This advice helps you to make level-headed compromises that reduce tension between you and your partner.

Proper Jurisdiction

Laws that govern custody cases differ in each state. It would be best if you got a lawyer who practices in your jurisdiction and understands the laws to which your custody case applies. A family lawyer with years of experience in your area understands the local court procedures. 

But what happens if your co-parent lives in a different state?  In such a situation, your lawyer will use the Uniform Child Custody Jurisdiction and Enforcement Act. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) states that when a state exercises jurisdiction and enters a custody order, all states must give this order full credit and faith. This means that you need a lawyer to get you a hearing in court to modify visitation, custody, and child support.


Dealing with custody cases is sensitive. Hire an attorney with whom you feel comfortable. You need a family attorney who is forthright on the case procedure and will speak on your behalf with a proper approach. Use the initial consultation to lay out your expectations. 

Examine the lawyer’s demeanor and responsiveness to your case and decide if you are comfortable with them. Be clear on the type of communication you need and the regularity of updates, and highlight the communication medium (email or phone). Ensure you can speak directly to the lawyer, not a third party when needed.

Legal Fees

The family lawyer you choose should be clear on what they charge as legal fees. Expect full disclosure and no ambiguity in the process and any costs thereof. Your family lawyer should tailor their fees to fit your budget.

Active Listening

Family law attorneys ask their clients open-ended questions. These questions help them determine strategies for your defense, especially in child custody battles. The more the lawyer understands you and your situation, the better they can represent you. This, in turn, makes your lawyer an active listener, as they want to record everything you say.

Recommendations and Legal Strategies

Your child custody lawyer makes recommendations based on your disclosed details. For instance, if the lawyer thinks you are very busy, they may recommend getting a family member or nanny to help or going for joint custody, which will improve your chances of winning. Your lawyer is there to help you build a case and guide you on options that will work for all involved parties.

A family court prioritizes the child’s best interests in custody cases. Your custody lawyer should draw a custody petition with evidence proving your custody request aligns with the child’s best interest standard. Evidence could include:

Helps You Protect Your Parental Rights

Having a family law attorney makes it difficult for the other party to box you into a corner and agree to things you would usually never agree to. Your attorney appears in the case file, and you do not have to miss future court date notices or other custody-related deadlines. You can protect your parental rights by never missing any custody-related deadlines.

Helps You Understand the Custody Process and What to Expect

Child custody cases can become very complex. They involve lengthy processes, intricate processes, and tons of paperwork. Your attorney should know the Family Court requirements and rules and how to follow the Rules of Civil Procedure to avoid hurting your custody case. 

Therefore ensure you get an experienced attorney who understands the process and tells you what to expect when the court makes a ruling. The lawyer's experience and advice will enable you to make better decisions for yourself and your children while maintaining your rights. 

Pursue Modification of Child Custody Order

Only a court can change an order in a child custody case. However, the law does allow alterations to be made depending on several reasons. One reason includes two parents agreeing to a change. However, they must go to court to enforce the change. Your family lawyer can help write a petition following the law and pursue it in court to have it altered.

Advise You on Multiple Issues

Your lawyer should have the expertise to advise you on various issues that crop up during the custody case, such as

Child custody cases are delicate, and they require careful and discreet handling. These cases always look to the child’s best interest, which may not always be the best. Your family law attorney should have multiple skills, such as communication and listening skills, patience, tact, and restraint. 

Therefore, ensure you research before settling on a family law attorney. Ask for referrals and check their years of experience, reviews, and track record online before you engage them. If you still don't know where to find a family law attorney, you can always contact Genesis Family Law and Divorce Lawyers in Scottsdale AZ. We have over 20 years of providing family-related legal services. For more information on the services we offer, you can check out https://familylawattorneymesaaz.net/scottsdale/child-custody-lawyers-in-scottsdale-az/.

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Scottsdale AZ 85258,


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Prenuptial Agreement Considerations: Essential Information Before Engaging a Family Lawyer

Contemplating a Prenuptial Agreement? Here's What You Need to Know Before Hiring a Family Law Attorney

Prenuptial agreements, commonly known as prenups, are not a new phenomenon. Contrary to belief, a prenuptial agreement does not mean the couple mistrusts each other. Talking to your partner about protecting your future initiates essential conversations before marriage. Everybody has a right to protect their resources, current, and future. The prenup is a method that safeguards these rights, and you should hire a family law attorney in Scottsdale to help you navigate the process.

What is a Prenup?

A prenup is a legal agreement signed by a couple before marriage. A prenup lists each person’s property and debts and specifies their property rights if they divorce or one passes away. Most marriages end because of money issues and having money conversations before marriage helps to strengthen the marriage. It’s essential to know your partner’s financial goals, their saving and spending habits, any debts, and whether their attitude about money aligns with yours.

Another agreement you should be aware of is the postnuptial agreement. Also known as a postnup, you sign this agreement after getting married. The reasons for getting a postnup instead of a prenup could vary. Some couples could have initiated the prenup process but still need to conclude it after the wedding. Others might be awaiting an inheritance or a substantial amount of money, and the couple needs to decide what happens with the money.

Who Should Sign a Prenup?

There is a misconception that prenups are for the rich who are wary about losing their fortunes. You do not have to be wealthy to sign a prenup agreement. A prenup is marriage insurance and an excellent idea for couples about to get married. No one gets married to get divorced, but it’s a possibility. A prenup can save you money, time, and wrangling if the marriage does not work out or if one of you dies.  

Some circumstances in which you should sign a prenup include:

If Either of You Has Been Married Before

Anyone who has been married before, especially if they experienced a contentious divorce, may not want to get married without a prenup. Such a person knows the issues ahead if the marriage fails and doesn’t fancy getting into a similar situation. If the divorcee felt they got the short end of the stick in their previous marriage, they may feel strongly about a prenup.

One Person is Wealthier

If one person in the relationship is wealthier, they may want a prenup. A person who gets married to a wealthy person faces an improved lifestyle and, in the absence of a prenup, creates spousal support rights and division of property issues in case they divorce. 

The prenup also assures the wealthy party that their partner is marrying them for genuine reasons, not money. Generally, the better-off person might ask for the prenup, but it can also benefit both if the less wealthy person gets wealthy down the road.

One Person Has More Liabilities

If you acquire a premarital debt, you should pay for it. A couple can pay for a debt incurred during a marriage, putting the spouse without debt at a disadvantage. If your partner is a spender and you do not want responsibility for any debt they incurred before your marriage, a prenup can protect you from this. 

The prenup may require that your joint community property cannot pay for your partner’s premarital debts. If you do not have a prenup, a creditor can collect premarital debts from assets you jointly acquire.

What You Should Know Before Signing a Prenup

Before hiring a family law attorney to help draft the prenup, here are some things you should know.

You Must Disclose All Your Assets and Liabilities

 A fair prenup is where both parties fully disclose their assets and liabilities. A person who refuses to declare their assets denies the other a fair negotiation field for their different rights. This lack of disclosure risks the enforcement of the agreement in the future. You must assemble all your recent financial records, such as appraisals, retirement accounts, and bank statements. Ensure you also collect liability statements like mortgages, credit card statements, and personal and student loans.

Stipulate Marital and Separate Property

A prenuptial agreement defines a property that remains separate if you decide to divorce. A prenup can also specify what belongs to both of you and what you should split. If you do not sign a prenup and do not stipulate property division, the judge distributes the property using state laws.

You Should Lay Out Spousal Provisions

A prenup can shield you from alimony payments or specify how to pay the alimony. The prenup can remove the right to spousal provision for one or both spouses if they divorce. In some cases, a prenup can guarantee your right to alimony. These provisions allow you to get independence concerning maintenance and prevent the divorce court from applying state laws.

You Cannot Include Child Support and Child Custody Decisions

A prenup is valuable in determining alimony, property, and debt distribution during a divorce. However, you cannot stipulate some things in a prenup, such as a child support and custody. A court can determine custody and calculate child support in the children’s best interests. Children have the right to child support. Nobody can predict what will happen in a marriage, and nothing makes one parent better enough to claim custody, as both parents have equal rights.

A Prenup Can Become Invalid

You have no assurance on the enforcement of a prenup if one or both of you lodge a dispute. If both of you entered the prenup agreement willingly and made a full asset disclosure, the likelihood of problems would diminish significantly. Some of the reasons that can invalidate a prenup include the following;

A prenuptial agreement can impact your life for years. Therefore, ensure you get proper legal counsel before and during the drafting of your prenup. A good family lawyer draws a customized prenup agreement that considers your wishes as a couple and keeps you updated on the future implications of the contract. At Genesis Family Law and Divorce Lawyers in Scottsdale AZ, we understand the role prenups play in any marriage, which is why we want to help you draft a prenup that will protect all parties.

Having worked on family-related legal cases for over 20 years, you can be confident we have the experience and skills you need to create a prenup that protects you. For more information about our services, you can visit https://familylawattorneymesaaz.net/scottsdale/.

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The Effects of Social Media on Your Child Custody Case

How Social Media Can Impact Your Child Custody Case

Social media has become a powerful tool for networking, entertainment, marketing, and earning income. However, it has its downsides, especially when embroiled in legal matters. A leading Scottsdale child custody attorney revealed that social media could negatively impact the outcome of cases. A recent study also revealed that as many as 1 in 5 divorces involve Facebook.

While divorces are tricky to enter, the attending problems cannot be understated. Divorcing couples often tussle over many things, from assets and debts to the children and custody arrangements. Social media can play a significant role in the outcome of such tussles, especially if one or both partners are strong social media users.

This article analyzes the effect of social media on divorce and child custody cases. It also guides parents on the type of social media posts to avoid when engaged in a child custody battle.  

How social media affects your child custody case

Most top family lawyers recommend avoiding social media during a divorce or child custody case. This is essential to protect the client from making posts that can ultimately jeopardize their chances of winning the legal tussle.

While some parents can stay away from social media during the process, others cannot. Parents unable to stay away from social media should not rely on privacy settings to do the job. Instead, they can focus on curating their posts and action on social media.

Types of social media posts to avoid during a child custody case

Here are some posts to avoid making if you cannot stay away from social media during the child custody case.

Online vents or rants about your case

Most people cannot bottle their feelings and would rather share them with others to relieve their burden. This isn’t always the best thing to do when fighting for the custody of your child or children. There’s a chance that you may let slip some sensitive information that could be used against you in court during the ruling.

It is always advisable to stay away from ranting or venting about the matter online.

Drug use, drinking, and wild partying

Most parents tend to misuse their newfound freedom by partying wildly, taking excessive alcohol, and using drugs. This behavior can endanger your chances of winning your child custody case, especially as it could be deemed irresponsible and unfit for raising impressionable children.

If you must do any of these, it is best not to have evidence by taking pictures and videos for social media. Most judges are unlikely to gloss over such irresponsible acts.

Inaccurate account/impression of finances

Child custody cases often rely heavily on income and the ability to care for the children in your custody. Misrepresenting your income online, whether by inflating or deflating your income or worth, can negatively affect your chances in a child custody battle.

If you’re fighting for custody, inflating your income may misrepresent your worth and ability to care for the child or children. It may also reduce the potential amount awarded in child support. On the other hand, deflating your income may show you as incapable of supporting your child or children, thus further affecting the case’s outcome.

You are better off staying away from social media or avoiding the topic altogether until a decision has been reached on the matter.

Online dating

Most parents cannot wait to get out there and start dating again. However, this can be a major problem for your child custody battle and wishes. Dating someone new before your divorce is finalized or the child custody case is decided can signal a hostile environment for the children.

To be on the safe side, you should avoid stating that you are single if you must make a dating profile before your divorce is finalized. Misrepresenting your marital status can further impact your case and its outcome.

Your child’s social media usage

Your online presence is just as important as your child’s. Understandably, parents may make certain compromises to earn their child or children’s favor during the custody battle. However, you should always be careful of how long your child uses the internet and what they are using it for.

Unsupervised internet use can expose your kids to harmful content. Furthermore, your kid may post detailed or compromising information about the situation, your finances, the other parent, or the situation in general. This information may play a role in the case and its outcome.

Important things to remember about social media use

Parents and partners are advised to avoid social media during their divorce, child custody, and related matters. However, those who can’t stay away, whether for personal or business reasons, should note the following rules of engagement.

Seeking legal help in a child custody case

Divorce and child custody cases are not universal. In fact, each case is unique to clients and the facts of it. It is important for divorcing couples to seek legal attention, advice, and representation during the process to ensure accurate representation and agreements.

If you haven’t already spoken to a family or divorce lawyer, it is best you seek out a top-rated lawyer in your community. Most divorce and child custody lawyers offer initial consultation services. Use the opportunity to know the attorney and gauge their competence before hiring one to represent you.

Unsure of the attorney to hire or looking for more information on child custody cases? Visit https://familylawattorneymesaaz.net/scottsdale/child-custody-lawyers-in-scottsdale-az/.

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Genesis Family Law and Divorce Lawyers in Scottsdale AZ, 

7702 East Doubletree Ranch Road #336 

Scottsdale AZ 85258, 


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What to Prepare For Before Hiring A Divorce Attorney

What To Prepare When Hiring A Divorce Lawyer

When choosing your potential divorce lawyer, it is essential to consider the impact the lawyer can have on your situation. Divorce attorneys can address your concerns, provide legal advice, and help you find the most favorable solution for your divorce. It's worth noting that decisions made during a divorce can have long-term consequences for the entire family. That’s why it is crucial to choose the right divorce lawyer in Scottsdale for your case carefully.

Checklist For Choosing The Right Divorce Lawyer

Settling the right counsel is a process that requires careful consideration and some study; this checklist ensures you consider all the important areas when choosing a divorce lawyer. 

Create Your List Of Divorce Lawyers

It's often best to ask people close to you for advice, such as colleagues, friends, or relatives. They can give you a good lead. However, don't just decide on the first divorce lawyer they recommend; proceed to do your research. Also, keep searching the internet for divorce attorneys in your area. While at it, understand that some attorneys cover various legal areas- it's worth engaging attorneys specializing in family law. 

Once you've compiled your list of potential divorce attorneys in your area, narrow it down to the attorneys you most want to know about and call about their solution. Reduce the number of attorneys you want to interview to at least two or three. You can always go back to your original list and approach others if needed.

Contact Divorce Lawyers For Discussions

Sometimes divorce attorneys offer free telephone or initial in-person appointments. Other firms may offer a low-cost consultation. For more information about initial consultations, visit each attorney's website. 

Determine how much you want to use your potential attorney's services if you anticipate their services will involve some fees. Low fees indicate that your potential attorney will take your visit more seriously and give you sound advice about your matter. Schedule meetings close enough together to evaluate and compare each encounter thoroughly.

Compile A List Of Questions

At each meeting, your attorney may ask you to provide a summary of your position and what you want them to do for you. Prepare to provide a comprehensive report of the assistance you're requesting. Now is your opportunity to ask questions. You may already have some concerns, but below are a few more that you should discuss during your appointments;

Note Your Interactions With Each Attorney

Evaluate your interactions with each divorce attorney, but don't overthink it. Other potential clients may contact each attorney you met with at any time, so don't hesitate to make a choice. Analyze your feelings about each job and each phone call. How comfortable did you feel with each divorce attorney? Were the answers to your questions satisfactory? Did each attorney ask you enough questions to accurately assess your case? Are all attorneys affordable, or are others more expensive than you expected? Were you satisfied with the path each attorney took in your case?

Ultimately, it is up to you how you want an attorney to handle your case. However, your best interest is to always go with a divorce attorney committed to making you feel safe and comfortable, as they will ensure they put your case on the best foot possible.

Finding a competent divorce lawyer is a serious matter that requires your full attention and care. But if you know how to find a lawyer beforehand, you can save and find friendly and compassionate legal counsel. Knowing what questions to ask during the consultation will help you choose the right attorney.

At Genesis Family Law and Divorce Lawyers in Scottsdale, AZ, we know that choosing the right divorce attorney is critical to achieving an amicable outcome in your divorce case. Therefore, it is no surprise that our attorneys take the time and make an effort to understand your situation. We then evaluate your situation and help you develop a personalized strategy that meets your needs and those of your loved ones. 

For more than 20 years, we have compassionately served our community and have been a pioneer law firm providing top-notch family law solutions. We will do everything in our position to assist you in navigating the complicated legal systems of Arizona and Scottsdale for the best possible outcome for your matter. Please leave it to us here at Genesis Family Law and Divorce Lawyers to handle your divorce, custody matters, child support, or other family-related legal issues. Want to know more about us? Visit us at https://familylawattorneymesaaz.net/scottsdale/divorce-lawyers-scottsdale-az/ to learn more about our solutions.

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What's Best for You: Legal Guardianship vs. Adoption?

Legal Guardianship vs. Adoption: What’s Right for You?

One of the most common questions a Scottsdale family law attorney gets from hopeful and current parents alike is “ what is right: adoption or legal guardianship? “The answer almost all family lawyers give is that to understand the right process, you have to understand each legal terminology. You also need to find out the differences and once you do, you get to know which choice is right for you. 

So, let’s find out. 

Similarities Between Legal Guardianship and Adoption

The confusion around guardianship and adoption lies in their many similarities. The two methods confuse many prospective parents, but both work towards providing the child with a loving and stable home. In both situations, a parent or couple gets the responsibility of taking care of a child who is not their biological child. However, the effects of these two legal arrangements may vary. 

Differences between Legal Guardianship and Adoption

Legal guardianship and adoption are legal arrangements for the custody and care of children. The main difference between legal guardianship and adoption is the period for each. Legal guardianship temporarily places a child with a family member or a close friend. Adoption involves permanently placing a child with a family. 

During the adoption hearing, the adoptive parents can request a name change for the child. The child may get a new Social Security Number and birth certificate, removing the birth parent/s names and listing the new parent/s as the legal parents.

Other differences in adoption and legal guardianship include:

Parental Rights

In legal guardianship, the legal or biological parents can terminate the arrangement and take custody of the child at any time. Adoption may terminate the natural or legal parents’ rights, but legal guardianship does not interfere with the parent’s rights. The adoptive parents receive all legal parental rights, and the birth parents cannot reclaim their rights as biological parents after the finalization of the adoption process.

The adoptive parents or legal guardians get all the parental responsibilities, such as providing emotional and financial support to the child and ensuring the child receives all the necessities, including education. The parents also have the right to give medical treatment consent for the child.

Before the adoption, the adoptive and birth parents can sign an Open Adoption Agreement that specifies how often the birth parent can contact the child. With the termination of parental rights, the judge might decide that contact with the birth parents is crucial for the child's best interest. The judge may order that the birth parent stays in contact with the child. However, with no order from a judge or agreement, the contact frequency is at the adoptive parents’ discretion.


Legal guardians must make special provisions for their legal wards if they wish to bequeath them an inheritance. Adoption secures a child’s heritage and they automatically inherit from the adoptive parents. 

Child Support

Legal or biological parents may have to support their child during legal guardianship. The child’s guardian can request child support from the biological parent/s, and a court gives an order. The amounts vary according to the income of the parents. 

The payments typically last until the child turns eighteen. To change the amount, the guardians have to go back to court and get the original order modified. Adoption terminates any obligations on child support from the birth parents.

The Process

Legal guardianship is not an involving process like adoption, which requires lengthy legal processes. For instance, if it’s an infant adoption, the birth mother and adoptive parents go through a separate adoption process compared to a relative adopting an older child.

Time difference

Legal guardianship is a temporary arrangement that can end at any time, while adoption is permanent.


The child must give consent for guardianship if above fourteen years, whereas a child who is twelve years older must support the adoption.

Because of the above differences, different scenarios may call for other arrangements appropriate for the child.

Legal Guardianship or Adoption, What is Right for You?

When you know you need help with your child in need, and you wish to step in and help but aren’t sure what route to take, it can get very confusing. Ultimately, it would be best to involve the child’s parent/s, as they will have to make the final decision.

 If you are the parent and are unsure of the right thing to do, you must make decisions with the child’s interest in mind. Knowing the differences between legal guardianship and adoption makes it more accessible, and before deciding, birth parents should ask themselves a few questions.

Guardianship and adoption both offer children supportive and stable homes. If you wish to adopt a child under your legal custody, it might be possible sometimes, especially if the birth parents agree with the adoption. In such a situation, you can seek legal counsel and find out if it is possible.

Before deciding what is best between legal guardianship and adoption, you must do some due diligence. Adoption is final, unlike legal custody. Are you willing to give up all rights to your child? Does it make sense for your child to grow up with other people who are not the birth parents? Are you in a situation you might remedy and later want to live with your child? Find out the pros and cons and how the process for both works. 

However, the best way to find the right choice is by talking to a reputable family attorney like Genesis Family Law and Divorce Lawyers in Scottsdale, AZ to guide you through the process. We will explain the nuances of the law and help you decide on the best option. For more information about our firm, you can check out our website: https://familylawattorneymesaaz.net/scottsdale/

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7702 East Doubletree Ranch Road #336 Scottsdale AZ 85258,


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Should We Really Hire Lawyers for Our Divorce?

Do We Really Need to Hire Divorce Lawyers?

Divorce or separation can be sad, marked by disappointments and the loss of hopes and aspirations. It also brings financial, legal, parental, practical, and emotional problems that require time, effort, and a shift in responsibilities. Worse, it can take years to restore balance in some cases. Nonetheless, divorce plays a crucial emotional and legal role.

While several factors require your attention during this period, hiring knowledgeable Scottsdale divorce lawyers to help you throughout the process is one of the best decisions you can ever make. Here you will learn why it is worth it;

Consider hiring a divorce attorney for the following reasons;

The Division Of Property

The family home is usually the most valuable asset in many divorce cases. Retirement plans, cars, and investments may also be among the assets. Only experienced divorce attorneys can help you divide these assets fairly according to the divorce rules in effect in your state.

Child Custody And Support

Child custody is just as important as child support. They are essential in a divorce involving children. Skilled divorce attorneys can ensure that your custody agreement best serves your child's interests. They will also work to ensure that your child support payments are appropriate.

You Will Be Safe From Abusive Partners

Sadly, one partner may be violent or cruel to another in certain situations. If this is the case, hiring a divorce attorney with extensive experience resolving domestic violence cases is in your best interest.

Alimony Or Spousal Support

Certain divorce cases require a spouse to pay alimony to the other, i.e., spousal support. The duration and amount of alimony payments are often difficult to estimate, but a knowledgeable divorce attorney can help you clarify your rights and obligations.

What Is The Divorce Process?

During the divorce proceedings, you should consider various aspects such as children, alimony, property division, etc. The process can lead to significant emotional stress, but with the help of a divorce attorney, you can focus on other aspects of your life while they help you navigate these processes.

The question of what will happen to your children is also crucial in a divorce. In the case of minor children, a workable parenting plan is key. It should outline how the children spend time with each parent and any necessary financial arrangements. 

In addition, the division of assets following a divorce is crucial. You and your partner will almost certainly own multiple assets, such as real estate, bank deposits, retirement plans, etc. You will need to agree on who will receive what. Only experienced divorce attorneys can help you reach an equitable property division agreement with your ex. If you're seeking a divorce, you undoubtedly have numerous questions about the process. Consulting an experienced divorce attorney is the ideal way to find answers to your questions.

What Exactly Is A Separation Without Dissolution Of A Marriage Bond?

In the broadest sense, legal separation is when couples remain legally in marriage but live apart. In some states, partners must live apart for a certain period before they can file for divorce. Are you thinking about filing for legal separation? It's best to contact experienced family lawyers who can inform you about the family laws in your state and guide you through the process.

Grounds For Divorce In Arizona

Before a judge grants your Arizona divorce petition, you must provide a legally adequate justification or reason for your petition. These justifications vary by jurisdiction. However, if you and your partner have tried unsuccessfully to resolve your issues, this is often enough for a court to grant your divorce petition. Legally, this is then a "no-fault" divorce, which means neither partner is at fault for the dissolution of the marriage. Partners in Arizona only have to show the judge that the marriage is "irreparably broken" and that they cannot repair the damage.

The sole argument against a petition for dissolution of marriage is that the union isn't irretrievably broken. A court will grant your petition for divorce unless your partner can convince the court that you both want to stay in the marriage even though you've filed for divorce.

Divorce Requirements In Arizona

Similar to other jurisdictions, Arizona has a residency requirement that partners must meet before they can file for divorce. Couples must prove that one of the spouses has been a state resident for at least 90 days before they can file for divorce. There is a 60-day waiting period between filing the divorce petition and the time the court can accept the divorce petition. These provisions discourage couples from seeking states or courts that would grant better custody plans or property division.

What Happens After A Divorce?

Once the court and you have agreed on the final terms of the divorce, your judge will sign a copy of the divorce decree. This court document ends your marriage and includes provisions for the following:

Keep the final judgment safe so you can refer to it at any time if you have questions about the terms of your divorce.

A reliable attorney can help you find a workable solution that meets your child's best interests.

Hiring a divorce lawyer is crucial because it increases the likelihood of receiving what you're entitled to under the law. Are you thinking about getting a divorce? It's best to speak with experienced Scottsdale, AZ, divorce attorneys immediately. Genesis Family Law and Divorce Lawyers in Scottsdale, AZ, is ready to help you through this complicated time. You can schedule a free initial appointment with us by hiring us online. Best yet, you can call our team directly at (480) 841-9544.

Our attorneys understand the unique issues associated with divorce cases, and we're always here to help you navigate this complex situation while protecting your rights. We'd love to put our expertise to work for you. Want to learn more about us? Visit https://familylawattorneymesaaz.net/scottsdale/divorce-lawyers-scottsdale-az/ for more information.

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Genesis Family Law and Divorce Lawyers in Scottsdale AZ, 

7702 East Doubletree Ranch Road #336 

Scottsdale AZ 85258, 


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